DAR File No. 40620
This rule was published in the August 15, 2016, issue (Vol. 2016, No. 16) of the Utah State Bulletin.
Pardons (Board Of), Administration
Evidence for Issuance of Warrants
Notice of Proposed Rule
DAR File No.: 40620
Filed: 07/18/2016 10:34:46 AM
Purpose of the rule or reason for the change:
The proposed change requires that when requesting a warrant, the facts used to support the probable cause statement must be included in the body of the warrant request, not in any supplemental reports.
Summary of the rule or change:
All facts supporting probable cause to issue a warrant must be contained in the body of the warrant request. Supplementary reports will not be considered.
Statutory or constitutional authorization for this rule:
- Section 77-27-11
Anticipated cost or savings to:
the state budget:
The proposed change does not increase or decrease the number of warrants issued or parole violation hearings and does not affect the state budget.
Local government does not participate in parole hearings and will not be impacted by the proposed change.
Small business does not participate in parole hearings and will not be impacted by the proposed change.
persons other than small businesses, businesses, or local governmental entities:
The proposed change requires Adult Probation and Parole to include the facts supporting probable cause in the body of the warrant request rather than in supplemental reports.
Compliance costs for affected persons:
The change is in the format of the submission and does not require a compliance cost.
Comments by the department head on the fiscal impact the rule may have on businesses:
Businesses do not participate in parole hearings. The proposed rule change does not create any compliance cost for businesses.
Angela Micklos, Board Chair
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Pardons (Board Of)
448 E 6400 S
SALT LAKE CITY, UT 84107-8530
Direct questions regarding this rule to:
- Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at email@example.com
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:
Interested persons may attend a public hearing regarding this rule:
- 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT
This rule may become effective on:
Angela Micklos, Chair
R671. Pardons (Board of), Administration.
R671-510. Evidence for Issuance of Warrants.
R671-510-1. Evidence for Issuance of Warrants.
(1) Board Warrants shall be issued only upon a showing that there is probable cause to believe that a parole violation has occurred.
(2) A certified Warrant Request shall be submitted by the parole agent setting forth facts that establish probable cause to believe that the parolee committed specific parole violations.
(a) The warrant request may be accompanied by supporting
documentation such as police reports, incident reports, and
judgment or commitment orders.]
(3) Upon approval of the request by the Board, a Warrant of Arrest shall be issued to arrest, detain, and return the parolee to custody.
R671-510-2. Warrant Request.
Warrant requests shall include:
a.] the name of the parolee, offender number, and date of
b.] the nature of the allegations that justify possible
revocation of parole;
c.] the elements substantiating probable cause for each
allegation which should include
where[ , and what occurred];
d.] the condition of the parole agreement that the parolee
is alleged to have violated, along with the date and location where
the violation occurred;
e.] the legible name, signature, and telephone number of the
parole officer and supervisor; and
f.] under separate or additional cover, contact information
and phone numbers for the reporting agent.
R671-510-3. Parole Information.
The agent shall, on a form approved by the Board, provide the Board with the following information:
(a) the parolee's risk/need assessment level at the time of the current violation and a summary of the areas of concern;
(b) the number of prior paroles;
(c) the parolee's parole violation history;
(d) the parolee's custody status;
(e) financial obligation details regarding the parolee;
(f) the parolee's address or living arrangements;
(g) the parolee's treatment summary;
(h) the results of any drug or alcohol tests;
(i) any new referred offenses or new criminal charges;
(j) any aggravating factors concerning the parolee;
(k) any mitigating factors concerning the parolee; and
(l) a summary of the parolee's current parole performance.
R671-510-4. Update Information.
(1) Once the parolee is detained on a Board warrant, the agent shall track the case and keep the Board informed of any changes in status or circumstance of the allegations or parolee.
(2) No less than seven days prior to the hearing, the agent shall send the Board all updated information and any amended allegations and recommendations. The agent shall provide the offender with a copy of the updated information no less than seven days prior to the hearing.
(3) At its discretion, the Board may dismiss the allegations if the updated information is not received in a timely manner.
KEY: warrants, parole, probable cause
Date of Enactment or Last Substantive Amendment: [
May 22, 2013]
Notice of Continuation: February 15, 2013
Authorizing, and Implemented or Interpreted Law: 77-27-11
More information about a Notice of Proposed Rule is available online.
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/2016/b20160815.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 ([
example]). Text to be added is underlined (). 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 Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.