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).
Rule R671-515. Timeliness of Parole Revocation Hearings.
As in effect on August 1, 2009
Table of Contents
- R671-515-1. Timeliness of Parole Revocation Hearings.
- R671-515-2. Detained in Another State.
- R671-515-3. Exceed Time Period for Good Cause.
- KEY
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
R671-515-1. Timeliness of Parole Revocation Hearings.
A Parole Revocation Hearing shall be conducted 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.
R671-515-2. Detained in Another State.
If a parolee is detained in another state on a Utah Board warrant or on a new offense, a parole revocation hearing should be conducted within thirty (30) days from the parolee's return to the State of Utah. When the only hold on a parolee is a Utah Board warrant, then the parolee must be returned as soon as is practical after affording the parolee all rights.
R671-515-3. 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). The time limitations in these rules are discretionary, 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
October 13, 2008
Notice of Continuation
July 3, 2008
Authorizing, Implemented, or Interpreted Law
76-3-202
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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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