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 R671-510. Evidence for Issuance of Warrants.

As in effect on October 1, 2019

Table of Contents

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. All facts supporting probable cause shall be contained in the body of the warrant request, as supplementary reports or information may not be considered.

(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.

(1) Warrant requests shall include:

(a) the name of the parolee, offender number, and date of birth;

(b) the nature of the allegations that justify possible revocation of parole;

(c) the elements substantiating probable cause for each allegation which should include who did what, when, and where;

(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.

(1) 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

October 31, 2016

Notice of Continuation

February 13, 2018

Authorizing, Implemented, or Interpreted Law

77-27-11


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.