DAR File No. 38047

Human Services, Juvenile Justice Services

Section R547-6-3

Administration and Organization

Notice of Proposed Rule

(Amendment)

DAR File No.: 38047
Filed: 10/08/2013 10:31:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The administrative rule is updated to reflect the current administrative practices of the Youth Parole Authority.

Summary of the rule or change:

The changes reflect the current administrative practices of the Youth Parole Authority.

State statutory or constitutional authorization for this rule:

• Section 63G-2-304
• Title 62A, Chapter 7

Anticipated cost or savings to:

the state budget:

None--The changes reflect the current practices of the Youth Parole Authority.

local governments:

None--The changes reflect the current practices of the Youth Parole Authority.

small businesses:

None--The changes reflect the current practices of the Youth Parole Authority.

persons other than small businesses, businesses, or local governmental entities:

None--The changes reflect the current practices of the Youth Parole Authority.

Compliance costs for affected persons:

None--The changes reflect the current practices of the Youth Parole Authority.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Juvenile Justice Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov
• Janene Parry at the above address, by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@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:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Susan Burke, Director

R547. Human Services, Juvenile Justice Services.

R547-6. Youth Parole Authority Policies and Procedures.

R547-6-1. Authority.

(1) Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules.

 

R547-6-2. Definitions.

(1) Detainer is an order to hold a youth for another governmental agency.

 

R547-6-3. Administration and Organization.

Section 62A-7-501 establishes a Youth Parole Authority within the Division of Juvenile Justice Services which has responsibility for parole release, rescission, revocation, and termination of parole for youth offenders committed to the Division for secure confinement.

(1) The Authority is established as an autonomous organization[al entity reporting directly to the Board of Juvenile Justice Services].

(2) The following criteria shall be utilized [by the Board of Juvenile Justice Services ]in the selection and appointment of the Authority members:

(a) A member shall have training or experience in social work, law, juvenile or criminal justice, or related behavioral sciences.

(b) A member shall not be an employee of the Department of Human Services, other than in the capacity as a member of the Authority, and may not hold any public office during the tenure of the appointment. A member shall not hold a position in the State's juvenile justice system or be an employee, officer, advisor, policy board member, or subcontractor of any juvenile justice agency or its contractor during the tenure of the appointment.

(c) The membership shall represent, to the extent possible, a diversity of the population under the jurisdiction of the Division.

(d) The membership shall be composed of individuals with the capacity to conduct hearings in a professional manner, develop appropriate policies and procedures, be sensitive to both legal and treatment oriented issues and promote credibility in the parole release process.

(3) Youth Parole Authority members shall be appointed for terms of [three]four years by the [Board of Juvenile Justice Services]Governor with the consent of the Senate.

(4)(a) The [Board of Juvenile Justice Services]members of the Youth Parole Authority shall elect the chairperson and vice-chairperson of the Authority by majority vote for terms of one year. A second vice-chairperson shall be designated by the Authority members present at hearings in which the chairperson and vice-chairperson are absent.

(b) The duties of the chairperson are as follows:

(i) to preside at meetings and hearings and in the chairperson's absence the first vice-chairperson shall act. In the absence of the chairperson and first vice-chairperson, the second vice-chairperson shall preside at the meeting or hearing.

(ii) to act as official spokesperson for the Authority with the concurrence of the Authority;

(iii) to work closely with the Administrative Officer in the administration of the Authority and in coordinating with the Division.

(5) Any member of the Authority may be removed from office [by the Board of Juvenile Justice Services ]for cause.

(6) [The Authority shall seek parity with salaries of other state officers performing similar and responsible duties.]The Authority members may not receive compensation or benefits for their service, but may receive per diem and travel expenses in accordance with section 63A-3-106 and 107.

(7) The Division Director shall ensure that time is available for Division members to participate in training and administrative meetings related to Authority and Division matters.

(8) The Authority has the power to require that general and specific conditions of parole be followed in the supervision of parolees.

(9) The Authority has the statutory power, Section 62A-7-501(12), to secure prompt and full information relating to youth offenders committed to the Division from the staffs of the secure facilities, regional offices, community placements, and the juvenile court.

(10) The Authority has statutory power, Section 62A-7-504, to cause the arrest of parolees and the power to revoke parole.

(11) The Authority has the designated power to terminate youthful offenders from parole.

(12) The Authority shall establish policies and procedures for its governance, meeting, hearings, the conduct of proceedings before it, the parole of youth offenders, and the general conditions under which parole may be granted, rescinded, revoked, modified, and terminated. The Authority's policies and procedures are subject to the approval of the Board of Juvenile Justice Services.

(13) The policy and procedures manual of the Authority will be readily available to youth in secure facilities, parolees, staff and the public.

(14) The Authority shall request any needed legal assistance from the Attorney General's Office.

(15) The position of an Administrative Officer shall be established to carry out day to day functions and to implement the policies and procedures of the Authority.

(16) Required staff shall be appointed to the Authority.

 

KEY: juvenile corrections, parole

Date of Enactment or Last Substantive Amendment: [November 12, 2008]2013

Notice of Continuation: May 16, 2012

Authorizing, and Implemented or Interpreted Law: 62A-7; 63G-2-304