DAR File No. 31818
This filing was published in the 09/01/2008, issue, Vol. 2008, No. 17, of the Utah State Bulletin.
Pardons (Board Of), Administration
R671-516
Parole Revocation Hearings
NOTICE OF PROPOSED RULE
DAR File No.: 31818
Filed: 08/14/2008, 01:51
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule outlines procedure regarding the execution of parole revocation hearings.
Summary of the rule or change:
The changes to this rule add minor detail the guilty plea process and sufficiency of evidence.
State statutory or constitutional authorization for this rule:
Sections 77-27-5, 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 relate only to minor changes detailing parole revocation hearing processes and evidentiary requirements.
local governments:
None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing processes and evidentiary requirements.
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 processes and evidentiary requirements.
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 processes and evidentiary requirements.
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
RULE TEXT
R671. Pardons (Board of), Administration.
R671-516. Parole Revocation Hearings.
R671-516-2. All Guilty Pleas.
If the parolee pleads guilty to all the allegations, the hearing officer shall proceed directly to disposition. The parolee shall present any reasons for mitigation. If present, the parole agent or representative of the Department of Corrections may discuss reasons for aggravation or mitigation and recommend a disposition. Notwithstanding the submission of guilty pleas, offenders are highly encouraged to attend their hearing.
R671-516-4. Insufficient Evidence.
If the hearing
officer believes there is insufficient evidence to justify [continued
detention and ]an evidentiary hearing, the matter shall be promptly routed
to a [majority of ]the Board. If
[the]a majority of the Board agrees, [there is
insufficient evidence to justify detention and an evidentiary hearing, ]the
warrant shall be withdrawn and the parolee released from custody.
KEY: parole, revocation, hearings
Date of Enactment or Last Substantive
Amendment: [November 19, 2003]2008
Notice of Continuation: September 11, 2003
Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact 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
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 08/28/2008 9:13 AM