DAR File No. 37461
This rule was published in the April 15, 2013, issue (Vol. 2013, No. 8) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-515
Timeliness of Parole Revocation Hearings
Notice of Proposed Rule
(Amendment)
DAR File No.: 37461
Filed: 03/29/2013 04:01:45 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this rule is to detail the procedures and policies surrounding Parole Revocation Hearings and how parolees detained in other states as well as exceeded time periods are to be handled according to those policies.
Summary of the rule or change:
This rule change clarifies the procedures and policies surrounding Parole Revocation Hearings and how parolees detained in other states as well as exceeded time periods are to be handled according to those policies.
State statutory or constitutional authorization for this rule:
- Subsection 77-27-9(4)
- 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.
R671-515. Timeliness of Parole Revocation Hearings.
R671-515-1. Timeliness of Parole Revocation Hearings.
A Parole Revocation Hearing shall be conducted within 30 days after detention in a state prison, unless the parolee expressly waives the hearing in writing, or unless the Board finds good cause to continue the hearing.
R671-515-2. Detained in Another State.
If a parolee is detained in another state
on a Utah Board warrant or on a new
criminal offense, a parole revocation hearing should be
conducted within [thirty (30)]30 days [from]after the parolee's return to the State of Utah.[
When the only hold on a parolee is a Utah Board warrant,
then the parolee must be returned as soon as is practical after
affording the parolee all rights.]
R671-515-3. Exceed Time Period for Good Cause.
The Board may for good cause upon a motion
by the parolee, [or ]the Department of Corrections, or upon its own
motion, exceed the time period[s] established
by this rule[in subsection (2)]. The time
periods established by this[limitations in these] rule[s] are discretionary, not mandatory. A motion to
dismiss a
warrant or revocation
proceeding based on failure to meet time limits will be
granted only if the failure has substantially prejudiced the
parolee's defense.
KEY: parole, timeliness, good cause
Date of Enactment or Last Substantive Amendment: [October 13, 2008]2013
Notice of Continuation: February 15, 2013
Authorizing, and Implemented or Interpreted Law: [76-3-202]77-27-9(4); 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.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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.