DAR File No. 31813

Pardons (Board Of), Administration

R671-514

Waiver and Pleas of Guilt

NOTICE OF PROPOSED RULE

DAR File No.: 31813
Filed: 08/14/2008, 01:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule outlines Board procedure regarding the appropriate process in the event that the parolee enters a plea.

Summary of the rule or change:

The changes relate to the processes of entry and acceptance of pleas. The major changes detail that parolees are encouraged to attend hearings and that waiver processes may be altered if the parolee is not able to independently understand their rights.

State statutory or constitutional authorization for this rule:

Sections 77-27-9 and 77-27-11

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings as the changes are minor and relate to small process alterations for entry of waivers and/or pleas.

local governments:

None--The changes do not introduce costs or savings as the changes are minor and relate to small process alterations for entry of waivers and/or pleas.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes are minor and relate to small process alterations for entry of waivers and/or pleas.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes are minor and relate to small process alterations for entry of waivers and/or pleas.

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

It has been determined that there is no fiscal impact on business associated with this amendment. Curtis Garner, Chairman

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

Pardons (Board Of)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Megan Flox-Lambert at the above address, by phone at 801-261-6456, by FAX at 801-261-6448, or by Internet E-mail at mflox@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:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Curtis L Garner, Chairman

R671. Pardons (Board of), Administration.

R671-514. Waiver and Pleas of Guilt.

R671-514-2. Guilty Pleas.

If the parolee wishes to plead guilty, the agent shall provide a copy of the Affidavit of Waiver and Plea of Guilt. If the parolee is functionally illiterate, or suffers from a mental disability the agent shall explain the contents of the affidavit and waiver. If the agent believes the parolee is unable to understand the affidavit and waiver and appreciate the consequences of signing it for any other reason, the agent shall not execute the Waiver and the agent shall promptly inform the Board, which may assign counsel to the parolee or take any other action that will assist the parolee to understand his rights.

 

R671-514-3. Multiple Pleas.

A parolee may plead guilty to some of the allegations and plead not guilty to others. The Board may decide to dismiss the allegations to which the parolee pled not guilty and make a disposition based solely on the pleas of guilt. If the Board chooses to make a disposition based solely on pleas of guilt, it need not hold either an evidentiary or parole revocation hearing. However, at its discretion the Board may schedule a special appearance hearing, or parole rehearing, to ask the parolee questions or listen to victim testimony.[ if doing so would assist it in making an appropriate disposition.]

 

R671-514-4. Entry of Pleas at Anytime.

A parolee may enter a plea of guilt at anytime. If the parolee pleads guilty at the revocation or evidentiary hearing, the hearing officer shall explain to the parolee the rights he is surrendering and receive an admission and plea on the record. Notwithstanding pleas of guilt, offenders are highly encouraged to attend their hearing.

 

KEY: parole, allegations, pleas

Date of Enactment or Last Substantive Amendment: [January 1, 1999]2008

Notice of Continuation: September 11, 2003

Authorizing, and Implemented or Interpreted Law: 77-27-9; 77-27-11