Pardons (Board Of), Administration

Rule R671-514

Waiver and Pleas of Guilt

Notice of Proposed Rule

(Amendment)

DAR File No.: 37460
Filed: 03/29/2013 03:34:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to articulate the policies and procedures through which waivers, guilty pleas, multiple pleas, and acceptance of pleas may be entered by a parolee and the procedures through which the Board handles each of these.

Summary of the rule or change:

This rule change clarifies the policies and procedures through which waivers, guilty pleas, multiple pleas, and acceptance of pleas may be entered by a parolee and the procedures through which the Board handles such pleas.

State statutory or constitutional authorization for this rule:

• Subsection 77-27-9(4)
• Section 77-27-11

Anticipated cost or savings to:

the state budget:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

local governments:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

small businesses:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

persons other than small businesses, businesses, or local governmental entities:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

Compliance costs for affected persons:

There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board.

Clark A. Harms, Chairman

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

Direct questions regarding this rule to:

• John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@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:

05/15/2013

This rule may become effective on:

05/22/2013

Authorized by:

Clark Harms, Chairman

R671. Pardons (Board of), Administration.

R671-514. Waiver and Pleas of Guilt.

R671-514-1. Waiver and Pleas of Guilt.

After executing [the]a Board warrant, the agent shall [tell]inform the parolee of the opportunity to plead guilty to any or all of the alleged parole violations[allegations against him] and that such a plea waives the right to a further[revocation and evidentiary] hearing on [that]any allegation admitted in the waiver.

R671-514-2. Guilty Pleas.

If [the]a parolee wishes to plead guilty, the agent shall provide the parolee with an[a copy of the] Affidavit of Waiver and Plea of Guilt form. 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 [W]waiver . [and t]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]the parolee's 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]enter 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] to interview the parolee [questions] or [listen to]take victim testimony , if the Board determines that doing so would assist the Board in its decision.

R671-514-4. Entry of Pleas at Any [ t ] T ime.

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

R671-514-5. Acceptance of Pleas.

If the parolee pleads guilty to all the allegations, the Board may accept the plea(s) and take any action it considers appropriate for disposition. The Board need not hold a parole revocation or evidentiary hearing. However, the Board may schedule a [special appearance] hearing[, or parole rehearing,] to interview[ask] the parolee [questions] or [listen to]take victim testimony if the Board determines that doing so would assist [it]the Board in [making an appropriate disposition]its decision.

KEY: parole, allegations, pleas

Date of Enactment or Last Substantive Amendment: [ October 13, 2008 ] 2013

Notice of Continuation: February 15, 2013

Authorizing, and Implemented or Interpreted Law: 77-27-9 (4) ; 77-27-11