DAR File No. 37458
This rule was published in the April 15, 2013, issue (Vol. 2013, No. 8) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-512
Execution of the Warrant
Notice of Proposed Rule
(Amendment)
DAR File No.: 37458
Filed: 03/29/2013 02:28:17 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this rule is to articulate the process to be followed when executing a warrant.
Summary of the rule or change:
This rule change clarifies the agent's role in the process to be followed when executing a warrant, as well as clarifying the warrant execution process.
State statutory or constitutional authorization for this rule:
- Section 77-27-28
- Section 77-27-11
- Section 77-27-27
- Section 77-27-30
- Section 77-27-29
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.
R671-512. Execution of the Warrant.
R671-512-1. Execution of the Warrant.
[When the agent executes the warrant, or as soon thereafter
as possible, the agent shall provide the parolee copies of the
warrant and the warrant request. At the same time, the agent shall
also provide the parolee with a Notice Regarding Parole
Allegations, a Challenge to Probable Cause Determination, an
Affidavit of Waiver and Plea of Guilt, and Waiver of
Time.
](1) When an agent executes a Board warrant, the agent shall provide the parolee with copies of the warrant, the warrant request/parole violation report, and a form with which the parolee may challenge the evidence or allegations which were used to show probable cause for the warrant.
(2) If applicable, the agent shall provide an affidavit of waiver and pleas of guilt, along with a time waiver.
(3) If the parolee refuses to accept any of the aforementioned documents, the agent shall document the refusal of service on the Acknowledgement of Receipt form.
KEY: parole, warrants
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; 77-27-27; 77-27-28; 77-27-29; 77-27-30
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.