DAR File No. 32066

Pardons (Board Of), Administration

R671-405

Parole Termination

NOTICE OF PROPOSED RULE

DAR File No.: 32066
Filed: 10/16/2008, 03:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule details the Board's policy regarding the termination of parole and the changes to this rule clarify the Board's statutory period of parole to include unexpired lengths of sentences.

Summary of the rule or change:

The changes are minor and include clarification of the Board's statutory period of parole to include unexpired lengths of sentences.

State statutory or constitutional authorization for this rule:

Sections 76-3-202, 77-27-9, and 77-27-12

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings. The changes are minor and only clarify the Board's statutory period of parole to include unexpired lengths of sentences.

local governments:

None--The changes do not introduce costs or savings. The changes are minor and only clarify the Board's statutory period of parole to include unexpired lengths of sentences.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings. The changes are minor and only clarify the Board's statutory period of parole to include unexpired lengths of sentences.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings. The changes are minor and only clarify the Board's statutory period of parole to include unexpired lengths of sentences.

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:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Curtis L Garner, Chairman

R671. Pardons (Board of), Administration.

R671-405. Parole Termination.

R671-405-1. Termination of Parole.

The Board [will]may consider terminating an offender's parole when petitioned to do so by the Department of Corrections, other interested parties or on its own initiative. When considering termination, the Board will toll any parole time when a parolee is an absconder. The toll time will be from the date a Board warrant was issued to the date the warrant was executed.

When a termination is approved by the Board, written notification of the Board's action will be provided to the parolee through the Department of Corrections.

Depending on the crime, statutory periods of parole without violation are three, ten years, the unexpired length of the sentence, or life.

Upon receipt of written notification of the service of the statutory maximum period on parole and verification of that information, the Board of Pardons will then order the closing of the file.

 

KEY: sentencing, parole

Date of Enactment or Last Substantive Amendment: [December 4, 2002]2008

Notice of Continuation: July 25, 2007

Authorizing, and Implemented or Interpreted Law: 76-3-202; 77-27-9; 77-27-12