DAR File No. 31817

Pardons (Board Of), Administration

R671-515

Timeliness of Parole Revocation Hearings

NOTICE OF PROPOSED RULE

DAR File No.: 31817
Filed: 08/14/2008, 01:51
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule ensures that parole revocation hearings are conducted in a timely manner.

Summary of the rule or change:

The New Offense clause was removed and some information detailing Board procedure continuing hearings beyond the 30-day recommendation was reduced.

State statutory or constitutional authorization for this rule:

Section 76-3-202

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing time limitations and eliminating the New Offense clause.

local governments:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing time limitations and eliminating the New Offense clause.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing time limitations and eliminating the New Offense clause.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing time limitations and eliminating the New Offense clause.

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.

R671-515. Timeliness of Parole Revocation Hearings.

R671-515-1. Timeliness of Parole Revocation Hearings.

A Parole Revocation Hearing [will]shall be conducted [by a hearing officer ]within 30 days after detention in a state prison unless the parolee expressly waives the hearing in writing[.], or unless the Board finds good cause to continue the hearing.[For good cause, the Board may continue the hearing beyond 30 days.]

 

[R671-515-3. New Offense.

When the parolee is convicted of a new offense of which the parole office had knowledge, and the parolee has not been detained on a Board warrant during the pendency of court proceedings, the parole revocation process should be commenced within ninety (90) days from the time of sentencing on the new offense.]

 

]R671-515-[4]3. Exceed Time Period for Good Cause.

The Board may for good cause upon a motion by the parolee or the Department of Corrections, or upon its own motion, exceed the time periods established in subsection (2)[ or (3)]. The time limitations in these rules are discretionary[directory], not mandatory. A motion to dismiss a revocation based on failure to meet time limits will be granted only if the failure has substantially prejudiced the parolee's defense.

 

KEY: parole, timeliness, good cause

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

Notice of Continuation: September 11, 2003

Authorizing, and Implemented or Interpreted Law: 76-3-202