DAR File No. 37462
This rule was published in the April 15, 2013, issue (Vol. 2013, No. 8) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-516
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 [email protected]
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.
R671-516. 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
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 [email protected].