DAR File No. 37456
This rule was published in the April 15, 2013, issue (Vol. 2013, No. 8) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-509
Parole Progress / Violation Reports
Notice of Proposed Rule
(Amendment)
DAR File No.: 37456
Filed: 03/29/2013 01:47:26 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this rule is to detail the process through which the Board is provided parole progress reports and the procedures and the circumstances under which parole may be revoked.
Summary of the rule or change:
This rule change clarifies the process through which the Board is provided parole progress reports and the procedures and the circumstances under which parole may be revoked by the Board.
State statutory or constitutional authorization for this rule:
- Section 77-27-11
Anticipated cost or savings to:
the state budget:
Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.
local governments:
Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.
small businesses:
Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.
persons other than small businesses, businesses, or local governmental entities:
Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.
Compliance costs for affected persons:
There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.
Comments by the department head on the fiscal impact the rule may have on businesses:
The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board.
Clark A. Harms, Chairman
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Pardons (Board Of)AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530
Direct questions regarding this rule to:
- John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
05/15/2013
This rule may become effective on:
05/22/2013
Authorized by:
Clark Harms, Chairman
RULE TEXT
R671. Pardons (Board of), Administration.
R671-509. Parole Progress / Violation Reports.
R671-509-1. Progress / Violation Reports.
(1) A parole agent or other representative of the Department
of Corrections shall submit [to the Board ]a parole progress / violation report
to the Board when an incident occurs that
may constitute[s] cause to modify the conditions of or revoke
parole[.], including:[
Examples of incidents which shall be reported to the Board
via a parole progress / violation report are:]
a.
an arrest or [C]conviction of any misdemeanor or felony;[.]
b. [S]significant violations of the general or special conditions
of parole; and[.]
c. [A]an incident which results in the parole agent placing the
parolee in jail, under arrest, in detainment, or other conditions
or incidents which result in the parolee being denied liberty.
(2) These reported parole violations shall be investigated
and all incident report
s[(s)] along with a recommended course of action
shall be submitted to the Board within 72 hours of
confinement or, if the parolee is not confined, detained or arrested,
within seven [(7)] days from the date of the violation.
(3) The report shall advise the Board of a parolee's adjustment to parole and provide reasons for modification of the parole agreement conditions. Police reports, court orders, and waivers of personal appearance from parolees shall be attached when applicable.
KEY: parole, incidents
Date of Enactment or Last Substantive Amendment: [October 13, 2008]2013
Notice of Continuation: February 15, 2013
Authorizing, and Implemented or Interpreted Law: 77-27-11
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130415.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov.