DAR File No. 37457

Pardons (Board Of), Administration

Rule R671-510

Evidence for Issuance of Warrants

Notice of Proposed Rule

(Amendment)

DAR File No.: 37457
Filed: 03/29/2013 02:19:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to detail the process and the circumstances under which a warrant may be requested and/or issued, and also articulates what information must be provided to the Board, what evidence is required, and how information may be updated.

Summary of the rule or change:

This rule change clarifies process and the circumstances under which a warrant may be requested and/or issued, and also articulates what information must be provided to the Board, what evidence is required, and how information may be updated.

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

R671. Pardons (Board of), Administration.

R671-510. Evidence for Issuance of Warrants.

R671-510-1. Evidence for Issuance of Warrants.

(1) Board Warrants shall be issued only upon a showing that there is probable cause to believe that a parole violation has occurred.

(2) A certified Warrant Request shall be submitted by the parole agent setting forth facts that establish probable cause[reasons] to believe that the [named ]parolee committed specific parole violations.

(a) The warrant request may be accompanied by supporting documentation such as police reports, incident reports, and judgment [and]or commitment orders.

(3) Upon approval of the request by the Board, a Warrant of Arrest shall be issued to arrest, detain, and return the parolee to [actual ]custody[ the parolee named therein].

 

R671-510-2. Warrant Request.

Warrant requests shall include:

a. the name of the parolee, offender number, and date of birth;

b. the nature of the allegations that justify possible revocation of parole;

c. the elements substantiating probable cause for each allegation which should include how, when, where, and what occurred;

d. the condition of the parole agreement that the parolee is alleged to have violated, along with the date and location where the violation occurred;

e. the legible name, signature, and telephone number of the parole officer and supervisor; and

f. under separate or additional[the fax] cover, [sheet will include the]contact information and phone [number or ]numbers [where]for the reporting agent[ can be contacted if needed].

 

R671-510-3. [Background Information]Parole Information.

The agent shall, on a form approved by the Board, provide the Board with the following information:

(a) the parolee's risk/need assessment level at the time of the current violation and a summary of the areas of concern;

(b) the number of prior paroles;

(c) the parolee's parole violation history;

(d) the parolee's custody status;

(e) financial obligation details regarding the parolee;

(f) the parolee's address or living arrangements;

(g) the parolee's treatment summary;

(h) the results of any drug or alcohol tests;

(i) any new referred offenses or new criminal charges;

(j) any aggravating factors concerning the parolee;

(k) any mitigating factors concerning the parolee; and

(l) a summary of the parolee's current parole performance.[The agent will also give the Board background information about the parolee, including overall status, adjustment to parole, and any other information requested in the warrant request form, which the Board shall promulgate. The background information shall accompany the warrant request if it can be completed in time. If it cannot be completed by the time the warrant is submitted, the agent shall send it to the Board, and the parolee, within seven (7) days after issuance of the warrant.]

 

R671-510-4. Update Information.

(1) Once the parolee is detained on [the]a Board warrant, the agent [will]shall track the case and keep the Board informed of any changes in status or circumstance of the allegations or parolee.[notify the Board of updates.]

(2) No less than seven [(7) ]days prior to the hearing, the agent [will]shall send the Board all updated information and any amended allegations and recommendations.[to the Board all updated allegations and recommendations and any other information needed to ensure that full information regarding allegations and general parole performance is in the file prior to the hearing.] The agent shall provide the offender with a copy of the updated information no less than seven days prior to the hearing.[The agent will also serve updated allegations and disclose general information to the incarcerated parolee no less than seven (7) days prior to the parole violation hearing.]

(3) At its discretion, the Board may dismiss the allegations[(s)] if the updated information is not received in a timely manner.

 

KEY: warrants, parole, probable cause

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