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 R671-514. Waiver and Pleas of Guilt.

As in effect on October 1, 2019

Table of Contents

R671-514-1. Waiver and Pleas of Guilt.

After executing a Board warrant, the Department of Corrections employee shall inform the offender of the opportunity to plead guilty to any or all of the alleged parole violations and that such a plea waives the right to a further hearing on any allegation admitted in the waiver. The Department of Corrections employee shall also inform the offender that a plea of guilty is voluntary, and there is no requirement to plead guilty or waive the offender's right to a parole violation hearing.

R671-514-2. Guilty Pleas Before Hearing.

(1) If an offender wishes to plead guilty or no contest to any alleged parole violation before a parole violation hearing, the Department of Corrections employee shall provide the offender with an Affidavit of Waiver and Plea of Guilt form.

(2) If the agent believes the offender is unable to understand the affidavit and waiver and appreciate the consequences of signing it for any reason,

(a) The Department of Corrections employee may not execute the waiver.

(b) The Department of Corrections employee shall promptly inform the Board, which may assign counsel to the offender or take other action the Board deems appropriate to assist the offender with understanding the parole violation process or the offender's rights.

R671-514-3. Multiple Pleas Before Hearing.

An offender may plead guilty or no contest to some of the allegations and plead not guilty to others. The Board may decide to dismiss the allegations to which the offender pled not guilty and enter a disposition based solely on the pleas of guilt or no contest. If the Board chooses to make a disposition based solely on pleas of guilt or no contest, it will not hold an evidentiary or parole revocation hearing. However, at its discretion, the Board may schedule a hearing to interview the offender or take victim testimony, if the Board determines that doing so would assist the Board in its decision.

R671-514-4. Acceptance of Pleas.

(1) An offender may enter a plea of guilty or no contest at any time.

(2) Before an offender pleads guilty or no contest at a revocation or evidentiary hearing, the hearing official shall explain to the offender that a no contest plea, if offered, will be treated for dispositional purposes and revocation as a guilty plea; that a revocation of parole may result in the offender being ordered to serve their full sentences to expiration; and that such a plea waives the offender's rights to:

(a) a hearing at which the state would be required to prove parole violation allegations by a preponderance of the evidence;

(b) the appointment of an attorney to assist the offender at an evidentiary hearing;

(c) hear and see the evidence and testimony supporting the allegations;

(d) confront and cross-examine any witnesses who testify regarding the violation allegations;

(e) call witnesses and testify themselves regarding the violation allegations.

(3) The hearing official shall receive an admission and plea from the offender on the record.

(4) The hearing official may then receive information, statements, testimony or recommendations to assist the Board in its final determination and disposition of the revocation proceedings.

R671-514-5. Withdrawal of Pleas.

(1) A plea of guilty or no contest may be withdrawn by an offender prior to the entry of the Board's revocation order and disposition based upon the plea.

(2) A plea of guilty or no contest may be withdrawn only upon leave of the Board and a showing that the plea was not knowingly and voluntarily made.

(3) A request to withdraw a plea of guilty or no contest shall:

(a) be made in writing;

(b) clearly state that it is a motion or request to withdraw a parole revocation plea;

(c) be addressed to the Board Chair;

(d) clearly state the reasons supporting the withdrawal; and

(e) be delivered to the Board within 10 days of the guilty or no contest plea.

(4) The Board need not hold a hearing prior to ruling on the request to withdraw a plea.

(5) The Board shall rule on the request to withdraw a plea of guilty or no contest within thirty days of receipt, and shall promptly notify the offender of its decision.

KEY

parole, allegations, pleas

Date of Enactment or Last Substantive Amendment

November 24, 2014

Notice of Continuation

February 13, 2018

Authorizing, Implemented, or Interpreted Law

77-27-9(4); 77-27-11; 77-13-6


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.