No. 37459 (Amendment): Rule R671-513. Expedited Determination of Parolee Challenge to Probable Cause

(Amendment)

DAR File No.: 37459
Filed: 03/29/2013 02:53:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule details the process through which, and the circumstances under which, a parolee can challenge the determination of probable cause, lays out procedures for review of evidence, as well as the Board's procedure for handling the request.

Summary of the rule or change:

This rule change clarifies the process through which, and the circumstances under which, a parolee can challenge the determination of probable cause as well as clarifying the Board's procedure for handling the request.

State statutory or constitutional authorization for this rule:

• Subsection 77-27-9(4)
• Section 77-27-27
• Section 77-27-29
• Section 77-27-11
• Section 77-27-30
• Section 77-27-28

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:

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]

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

RULE TEXT

R671. Pardons (Board of),Administration.

R671-513. Expedited Determination [on]of Parolee Challenge to Probable Cause.

R671-513-1. Expedited Determination [on]of Parolee Challenge to Probable Cause.

1. [Within seven (7) days of arrest and detention on thewarrant, i]If a[the] parolee who is returned to custody for a parole violation wishes tochallenge the probable cause statements or evidence upon which the warrant request wasbased[determination], the parolee shall submit the challenge in writing, accompanied by evidencesupporting[evidence to substantiate] the challenge, within seven days of arrest or detention on thewarrant.

2. At least one member of the Board shall review all theevidence in support of the parole violation allegations, as well as the [parolee's]challenge and evidence [submissions]submitted in support of the challenge,[in dispute of the allegations] and decide whetherprobable cause for the violation allegations continues to exist.

3. The parolee also shall inform the Board and the paroleagent in writing if any evidence relating to possible defenses to the alleged parole violationexists and must[needs to] be preserved[ from the locale in which the violation wascommitted]. The request to preserve evidence[writing] shall be in writing and sufficiently detailed so that the paroleagent can easily identify and locate[find] the evidence to be preserved.

 

R671-513-2. Review of Evidence.

Review of the parolee's evidence shalloccur no later than [5]five days after the parolee has submitted [it]a challenge to probable cause. If the reviewing Board member decides that the original probablecause determination was correct, the Board member shall deny theparolee's challenge, and parole violation proceedings willcontinue in accordance with applicable rules. If the reviewing Board member decides that the probable causedetermination was incorrect, or that probable cause to believe a violation occurred no longerexists, the case shall be routed to the Board[a majority of the Board] for deliberation. If amajority of the Board believes the parolee's evidence negatesthe finding of probable cause, the warrant shall be withdrawn andthe parolee reinstated[released back] on parole. Time spent incarcerated pursuant to a warrant which is withdrawn constitutes[counts toward] service of the parolee's sentence and parole term.

 

KEY: parole, warrant, hearing

Date of Enactment or Last Substantive Amendment: [January 1, 1999]2013

Notice of Continuation: February 15,2013

Authorizing, and Implemented or Interpreted Law: 77-27-9(4); 77-27-11; 77-27-27; 77-27-28; 77-27-29; 77-27-30 .

 

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