No. 37346 (5-year Review): Rule R671-513. Expedited Determination on Parolee Challenge to Probable Cause

DAR File No.: 37346
Filed: 02/15/2013 12:51:31 PM

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 that the board may revoke the parole of any person who is found to have violated any condition of his parole. Section 77-27-27 states that 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 states that any hearing pursuant to this act shall be heard by the administrator of the interstate compact for the supervision of parolees and probationers, a deputy of the administrator, or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation. Section 77-27-29 outlines the rights of the parolee. Section 77-27-30 outlines hearing procedures as they relate to supervision in other states.

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 establishes a procedure that parolees may use in order to get a determination of probable cause and also requires that evidence is reviewed in a timely manner, ensuring 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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