DAR File No. 37462

Pardons (Board Of), Administration

Rule R671-516

Parole Revocation Hearings

Notice of Proposed Rule

(Amendment)

DAR File No.: 37462
Filed: 03/29/2013 04:25:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to detail the policy and procedures that govern parole revocation hearing proceedings.

Summary of the rule or change:

This rule change clarifies policies and procedures which govern parole revocation hearing proceedings.

State statutory or constitutional authorization for this rule:

• Section 77-27-11
• Section 77-27-5
• Section 77-27-9

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.

R671-516. Parole Revocation Hearings.

R671-516-1. Allegations.

At the hearing, the hearing [officer]official shall: (a) inform the parolee of the parole violation allegations;[against him] (b) review the parolee's rights as to any guilty or no-contest pleas that may be entered; and (c) take [his]the parolee's pleas on the record.

 

R671-516-2. [All Guilty Pleas]Proceedings Upon Plea of Guilt or No-Contest.

If the parolee pleads guilty or no-contest to [all]any of the allegations, the hearing [officer]official may [shall proceed directly]conduct further inquiry or proceedings in order to reach a [to] disposition and recommendation regarding the parole violation. The parolee [shall]may present any reasons for mitigation. If present, the parole agent or representative of the Department of Corrections may discuss reasons for aggravation or mitigation and recommend a disposition. If not present, the parole agent or representative of the Department of Corrections may make such submissions and recommendations in writing.[ Notwithstanding the submission of guilty pleas, offenders are highly encouraged to attend their hearing.]

 

R671-516-3. Not Guilty Pleas.

If the parolee pleads not guilty to any allegation, the Board shall either schedule an evidentiary hearing on the allegation or dismiss it as soon as practical. See also Utah Admin. Code R671-514, Waiver and Pleas of Guilt.

 

R671-516-4. Insufficient Evidence.

If, upon receiving a plea of not guilty to a parole violation allegation, the hearing [officer]official believes there is insufficient evidence to justify an evidentiary hearing, the matter shall be promptly routed to [a] the Board. If a majority of the Board agrees, the allegation shall be dismissed. If all allegations are dismissed, the Board's warrant shall be vacated[withdrawn] and the parolee released from custody and reinstated on parole.

 

KEY: parole, revocation, hearings

Date of Enactment or Last Substantive Amendment: [October 13, 2008]2013

Notice of Continuation: February 15, 2013

Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11