No. 40620 (Amendment): Rule R671-510. Evidence for Issuance of Warrants

(Amendment)

DAR File No.: 40620
Filed: 07/18/2016 10:34:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change requires that when requesting a warrant, the facts used to support the probable cause statement must be included in the body of the warrant request, not in any supplemental reports.

Summary of the rule or change:

All facts supporting probable cause to issue a warrant must be contained in the body of the warrant request. Supplementary reports will not be considered.

Statutory or constitutional authorization for this rule:

• Section 77-27-11

Anticipated cost or savings to:

the state budget:

The proposed change does not increase or decrease the number of warrants issued or parole violation hearings and does not affect the state budget.

local governments:

Local government does not participate in parole hearings and will not be impacted by the proposed change.

small businesses:

Small business does not participate in parole hearings and will not be impacted by the proposed change.

persons other than small businesses, businesses, or local governmental entities:

The proposed change requires Adult Probation and Parole to include the facts supporting probable cause in the body of the warrant request rather than in supplemental reports.

Compliance costs for affected persons:

The change is in the format of the submission and does not require a compliance cost.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses do not participate in parole hearings. The proposed rule change does not create any compliance cost for businesses.

Angela Micklos, Board Chair

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Greg Johnson at the above address, by phone at 801-261-6454, 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:

09/14/2016

Interested persons may attend a public hearing regarding this rule:

• 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

09/21/2016

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-510. Evidence for Issuance of Warrants.

R671-510-1. Evidence for Issuance of Warrants.

(1) Board Warrants shall be issued only upon a showing that there is probable cause to believe that a parole violation has occurred.

(2) A certified Warrant Request shall be submitted by the parole agent setting forth facts that establish probable cause to believe that the parolee committed specific parole violations. All facts supporting probable cause shall be contained in the body of the warrant request, as supplementary reports or information may not be considered.

[(a) The warrant request may be accompanied by supporting documentation such as police reports, incident reports, and judgment or commitment orders.]

(3) Upon approval of the request by the Board, a Warrant of Arrest shall be issued to arrest, detain, and return the parolee to custody.

 

R671-510-2. Warrant Request.

(1) Warrant requests shall include:

[a.](a) the name of the parolee, offender number, and date of birth;

[b.](b) the nature of the allegations that justify possible revocation of parole;

[c.](c) the elements substantiating probable cause for each allegation which should include who[how,] did what, when, and where[, and what occurred];

[d.](d) the condition of the parole agreement that the parolee is alleged to have violated, along with the date and location where the violation occurred;

[e.](e) the legible name, signature, and telephone number of the parole officer and supervisor; and

[f.](f) under separate or additional cover, contact information and phone numbers for the reporting agent.

 

R671-510-3. Parole Information.

(1) The agent shall, on a form approved by the Board, provide the Board with the following information:

(a) the parolee's risk/need assessment level at the time of the current violation and a summary of the areas of concern;

(b) the number of prior paroles;

(c) the parolee's parole violation history;

(d) the parolee's custody status;

(e) financial obligation details regarding the parolee;

(f) the parolee's address or living arrangements;

(g) the parolee's treatment summary;

(h) the results of any drug or alcohol tests;

(i) any new referred offenses or new criminal charges;

(j) any aggravating factors concerning the parolee;

(k) any mitigating factors concerning the parolee; and

(l) a summary of the parolee's current parole performance.

 

R671-510-4. Update Information.

(1) Once the parolee is detained on a Board warrant, the agent shall track the case and keep the Board informed of any changes in status or circumstance of the allegations or parolee.

(2) No less than seven days prior to the hearing, the agent shall send the Board all updated information and any amended allegations and recommendations. The agent shall provide the offender with a copy of the updated information no less than seven days prior to the hearing.

(3) At its discretion, the Board may dismiss the allegations if the updated information is not received in a timely manner.

 

KEY: warrants, parole, probable cause

Date of Enactment or Last Substantive Amendment: [May 22, 2013]2016

Notice of Continuation: February 15, 2013

Authorizing, and Implemented or Interpreted Law: 77-27-11

---