DAR File No. 31814

Pardons (Board Of), Administration

R671-510

Evidence for Issuance of Warrants

NOTICE OF PROPOSED RULE

DAR File No.: 31814
Filed: 08/14/2008, 01:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule outlines the evidence needed and the appropriate process to be followed in order to issue a warrant.

Summary of the rule or change:

The changes relate to processes and time limitations for the collection of background information for warrant requests. A process for updating information was also added.

State statutory or constitutional authorization for this rule:

Section 77-27-11

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings as the changes relate only to the collection of background information and more defined time line.

local governments:

None--The changes do not introduce costs or savings as the changes relate only to the collection of background information and more defined time line.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes relate only to the collection of background information and more defined time line.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes relate only to the collection of background information and more defined time line.

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.

R671-510. Evidence for Issuance of Warrants.

R671-510-2. Warrant Request.

Warrant requests shall include:

a. the name of the parolee, [prison]offender number, and date of birth[, and offender number];

b. the nature of the allegations that justify possible revocation of parole;

c. the elements substantiating probable cause for each allegation which should include how, when, where, and what occurred;

d. the condition of the parole agreement that the parolee is alleged to have violated, along with the date and [approximate] location where the violation occurred;

e. the legible name, signature, and telephone number [and/or pager] of the parole officer and supervisor;

f. the fax cover sheet will include the phone number or numbers where the reporting agent can be contacted if needed.

 

R671-510-3. Background Information.

The agent will also give the Board background information about the parolee, including overall status, adjustment to parole, and any other information requested in the warrant request form, which the Board shall promulgate. The background information shall accompany the warrant request if it can be completed in time. If it cannot be completed [in time]by the time the warrant is submitted, the agent shall send it to the Board, and the parolee, within seven (7) days after issuance of the warrant.[ Once the parolee is detained on the Board warrant, the agent will track the case and notify the Board of updates. No less than ten days prior to the hearing the agent will send updated allegations and recommendations and any other information needed to ensure that full information regarding allegations and general parole performance is in the file prior to the hearing.]

 

R671-510-4. Update Information.

Once the parolee is detained on the Board warrant, the agent will track the case and notify the Board of updates. No less than seven (7) days prior to the hearing, the agent will send to the Board all updated allegations and recommendations and any other information needed to ensure that full information regarding allegations and general parole performance is in the file prior to the hearing. The agent will also serve updated allegations and disclose general information to the incarcerated parolee no less than seven (7) days prior to the parole violation hearing.

At its discretion, the Board may dismiss the allegation(s) if the update information is not received in a timely manner.

 

KEY: warrants, parole, probable cause

Date of Enactment or Last Substantive Amendment: [November 19, 2003]2008

Notice of Continuation: September 11, 2003

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