No. 37344 (5-year Review): Rule R671-512. Execution of the Warrant

DAR File No.: 37344
Filed: 02/15/2013 10:55:20 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 77-27-11 states: Any member of the board may issue a warrant based upon a certified warrant request to a peace officer or other persons authorized to arrest, detain, and return to actual custody a parolee, and may upon arrest or otherwise direct the Department of Corrections to determine if there is probable cause to believe that the parolee has violated the conditions of his parole. Section 77-27-27 states: The appropriate officer or officers of this state shall as soon as practicable, following termination of any hearing, report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state. Section 77-27-28 allows a hearing officer to hear cases of alleged parole or probation violation. Section 77-27-29 outlines the rights of the parolee. Section 77-27-30 outlines procedures for out-of state parolees and supervision.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule ensures that when a warrant is executed, the parolee is provided with copies of the warrant, warrant request, Notice Regarding Parole Allegations, a Challenge to Probable Cause Determination, an Affidavit of Waiver and Plea of Guilt, and Waiver of Time. Timely delivery of these documents to the parolee ensures due process. Therefore, this rule should be continued.

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

Pardons (Board Of)
AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530

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 [e-mail]

Authorized by:

Clark Harms, Chairman

Effective:

02/15/2013

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