No. 31818 (Amendment): R671-516. Parole Revocation Hearings

DAR File No.: 31818
Filed: 08/14/2008, 01:51
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule outlines procedure regarding the execution of parole revocation hearings.

Summary of the rule or change:

The changes to this rule add minor detail the guilty plea process and sufficiency of evidence.

State statutory or constitutional authorization for this rule:

Sections 77-27-5, 77-27-9, and 77-27-11

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing processes and evidentiary requirements.

local governments:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing processes and evidentiary requirements.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing processes and evidentiary requirements.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes relate only to minor changes detailing parole revocation hearing processes and evidentiary requirements.

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

It has been determined that there is no fiscal impact on business associated with this amendment. Curtis Garner, 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)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Megan Flox-Lambert at the above address, by phone at 801-261-6456, by FAX at 801-261-6448, 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:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Curtis L Garner, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-516. Parole Revocation Hearings.

R671-516-2. All Guilty Pleas.

If the parolee pleads guilty to all the allegations, the hearing officer shall proceed directly to disposition. The parolee shall present any reasons for mitigation. If present, the parole agent or representative of the Department of Corrections may discuss reasons for aggravation or mitigation and recommend a disposition. Notwithstanding the submission of guilty pleas, offenders are highly encouraged to attend their hearing.

 

R671-516-4. Insufficient Evidence.

If the hearing officer believes there is insufficient evidence to justify [continued detention and ]an evidentiary hearing, the matter shall be promptly routed to a [majority of ]the Board. If [the]a majority of the Board agrees, [there is insufficient evidence to justify detention and an evidentiary hearing, ]the warrant shall be withdrawn and the parolee released from custody.

 

KEY: parole, revocation, hearings

Date of Enactment or Last Substantive Amendment: [November 19, 2003]2008

Notice of Continuation: September 11, 2003

Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11