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Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R671-514. Waiver and Pleas of Guilt.

As in effect on August 1, 2009

Table of Contents

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

After executing the warrant, the agent shall tell the parolee of the opportunity to plead guilty to any or all of the allegations against him and that such a plea waives the right to a revocation and evidentiary hearing on that allegation.

R671-514-2. Guilty Pleas.

If the parolee wishes to plead guilty, the agent shall provide a copy of the Affidavit of Waiver and Plea of Guilt. 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 Waiver and 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 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 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 the parolee questions or listen to victim testimony.

R671-514-4. Entry of Pleas at Anytime.

A parolee may enter a plea of guilt at anytime. If the parolee pleads guilty at the revocation or evidentiary hearing, the hearing officer shall explain to the parolee the rights he is surrendering and 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 ask the parolee questions or listen to victim testimony if doing so would assist it in making an appropriate disposition.

KEY

parole, allegations, pleas

Date of Enactment or Last Substantive Amendment

October 13, 2008

Notice of Continuation

July 3, 2008

Authorizing, Implemented, or Interpreted Law

77-27-9; 77-27-11

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For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

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 rules.

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