Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R671. Pardons (Board of), Administration.

Rule R671-405. Parole Termination.

As in effect on October 1, 2019

Table of Contents

R671-405-1. General Provisions.

(1) When an offender is granted parole, the offender shall remain on parole until:

(a) the offender's maximum parole term has been served;

(b) the Board grants a discretionary parole termination and discharge of the offender's sentence, pursuant to Utah Admin. Rule R671-405-3;

(c) the Board grants an earned parole termination and discharge of the offender's sentence, pursuant to Utah Code Subsections 64-13-21(7), 76-3-202(1)(a) and Utah Admin. Rule R671-405-4; or

(d) the offender's parole is revoked, the offender is found in violation of parole, the offender agrees to re-start parole in lieu of a parole violation or revocation proceeding, or the offender is confined during the parole period.

(2) "Maximum Parole Term" for purposes of this rule is the expiration date of an offender's combined sentences, or the last day of the offender's legislative parole term, as set forth in Utah Code Section 76-3-202, whichever occurs first.

R671-405-2. Termination Request Reports.

All parole termination requests or notices submitted by the Department of Corrections (Department) shall include or be accompanied by a report which includes:

(1) the offender's identification information, supervising agent information, and agent contact information;

(2) any incentives granted to, or sanctions imposed on the offender by the Department during the term of parole supervision;

(3) the number of total months on parole during which the offender was compliant with all conditions of parole and the offender's case action plan;

(4) a current risk assessment, score, and risk level;

(5) the results of a current sex offender treatment exit polygraph, if the offender is on parole for a sex offense or if requested by the Board;

(6) an update on the offender's case action plan progress, compliance, and completion and a recommendation from the Department whether parole should be extended to allow successful completion of any necessary treatment program identified in the case action plan which has not yet been completed;

(7) an update regarding the offender's compliance with or completion of all special conditions of parole; and

(8) a summary which details the offender's payment of restitution obligations or orders, and if restitution has not been paid in full, an explanation of the non-payment, and the efforts the Department has made to collect restitution.

R671-405-3. Discretionary Termination of Parole.

(1) The Department may request that the Board terminate any offender's parole at any time prior to the final day of the offender's maximum parole term.

(2) The Department shall submit, with the request for early termination of parole, a termination report which contains the information set forth in Rule 405-2 of this rule.

(3) Written notification of the Board's decision regarding the request for parole termination shall be provided to the offender through the Department.

R671-405-4. Earned Early Termination of Parole.

(1) When the Department determines that an offender has earned an early termination of parole, pursuant to Utah Code Subsection 64-13-21(7), it shall notify the Board within 30 day and request that the Board terminate the parole of the offender.

(2) The Department shall submit, with the request for earned early termination of parole, a termination report which contains the information set forth in Rule 405-2 of this rule.

(3) Upon receipt and verification of the Department's earned early termination request, the Board shall terminate the offender's parole, unless the Board determines that:

(a) the offender is currently in violation of parole;

(b) the offender violated the terms and conditions of parole at any point during parole, and the violation was not reported to the Board;

(c) the Board determines that the offender was awarded credit toward the earned early termination for a month in which the offender violated the terms and conditions of parole; or

(d) the Board determines that early parole termination would interrupt the completion of a necessary treatment program, identified in the offender's case action plan.

(4) Written notification of the Board's decision regarding the request for earned early parole termination shall be provided to the offender through the Department.

KEY

sentencing, parole

Date of Enactment or Last Substantive Amendment

November 30, 2015

Notice of Continuation

January 30, 2017

Authorizing, Implemented, or Interpreted Law

Art. VII, Sec. 12; 64-13-21(7); 76-3-202; 77-27-1(18); 77-27-5; 77-27-7(4); 77-27-9; 77-27-11; 77-27-12


Additional Information

Contact

For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.