DAR File No. 37459
This rule was published in the April 15, 2013, issue (Vol. 2013, No. 8) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-513
Expedited Determination of Parolee Challenge to Probable Cause
Notice of Proposed Rule
(Amendment)
DAR File No.: 37459
Filed: 03/29/2013 02:53:59 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule details the process through which, and the circumstances under which, a parolee can challenge the determination of probable cause, lays out procedures for review of evidence, as well as the Board's procedure for handling the request.
Summary of the rule or change:
This rule change clarifies the process through which, and the circumstances under which, a parolee can challenge the determination of probable cause as well as clarifying the Board's procedure for handling the request.
State statutory or constitutional authorization for this rule:
- Subsection 77-27-9(4)
- Section 77-27-27
- Section 77-27-29
- Section 77-27-11
- Section 77-27-30
- Section 77-27-28
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.
R671-513. Expedited Determination [on]of Parolee Challenge to Probable Cause.
R671-513-1. Expedited Determination [on]of Parolee Challenge to Probable Cause.
1. [Within seven (7) days of arrest and detention on the
warrant, i]If
a[the] parolee
who is returned to custody for a parole violation wishes to
challenge the probable cause
statements or evidence upon which the warrant request was
based[determination], the parolee shall submit
the challenge in writing, accompanied by evidence
supporting[evidence to substantiate] the challenge, within seven days of arrest or detention on the
warrant.
2. At least one member of the Board shall review all the
evidence in support of the
parole violation allegations, as well as the [parolee's]challenge and evidence [submissions]submitted in support of the challenge,[in dispute of the allegations] and decide whether
probable cause
for the violation allegations continues to exist.
3. The parolee also shall inform the Board and the parole
agent in writing if any evidence
relating to possible defenses to the alleged parole violation
exists and must[needs to] be preserved[
from the locale in which the violation was
committed]. The
request to preserve evidence[writing] shall be
in writing and sufficiently detailed so that the parole
agent can easily
identify and locate[find] the evidence to be preserved.
R671-513-2. Review of Evidence.
Review of the parolee's evidence shall
occur no later than [5]five days after the parolee has submitted [it]a challenge to probable cause.
If the reviewing Board member decides that the original probable
cause determination was correct, the Board member shall deny the
parolee's challenge, and parole violation proceedings will
continue in accordance with applicable rules. If the
reviewing Board member decides that the probable cause
determination was incorrect, or that probable cause to believe a violation occurred no longer
exists, the case shall be routed to
the Board[a majority of the Board] for deliberation. If a
majority of the Board believes the parolee's evidence negates
the finding of probable cause, the warrant shall be withdrawn and
the parolee
reinstated[released back] on parole. Time spent incarcerated
pursuant to a warrant which is withdrawn constitutes[counts toward] service of the
parolee's sentence and parole term.
KEY: parole, warrant, hearing
Date of Enactment or Last Substantive Amendment: [January 1, 1999]2013
Notice of Continuation: February 15, 2013
Authorizing, and Implemented or Interpreted Law: 77-27-9(4); 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.