No. 39794 (Emergency Rule): Rule R671-405. Parole Termination

DAR File No.: 39794
Filed: 09/30/2015 03:32:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsection 64-13-21(7) creates an earned compliance program that reduces the potential time an individual can be supervised on parole. The program goes into effect on 10/01/2015. This emergency rule sets forth the conditions for terminating parole and complies with the requirements of the law.

Summary of the rule or change:

When a parolee meets the conditions for early termination of parole supervision, the Adult Probation and Parole Department will notify the board. (DAR NOTE: A corresponding proposed amendment is under DAR No. 39795 in this issue, October 15, 2015, of the Utah State Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: Subsection 64-13-21(7) creates an earned compliance program that reduces the potential time an individual can be supervised on parole. The program goes into effect on 10/01/2015. This emergency rule sets forth the conditions for terminating parole and complies with the requirements of the law.

State statutory or constitutional authorization for this rule:

• Subsection 64-13-21(7)
• Section 77-27-2

Anticipated cost or savings to:

the state budget:

This rule sets forth the requirements for receiving an early termination from parole supervision under Subsection 64-13-21(7). Although the rule changes the timing of parole termination it does not change the number of termination decisions. There are no direct costs or savings from this rule.

local governments:

Local government does not participate in the parole process or submitting requests for early termination of parole. Local governments will not be affected.

small businesses:

Small business does not participate in the parole process or submitting requests for early termination of parole. Small business will not be affected.

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

The individual on parole will benefit from a possible early termination however the rule does not change the nature of parole supervision or limit the parolee's opportunity to complete parole successfully.

Compliance costs for affected persons:

There are no compliance costs for the parolee.

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

This emergency rule complies with the statute to create an earned compliance program so individuals on parole can benefit from an early termination of parole supervision if they successfully complete requirements.

Angela Micklos, Chair

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:

• 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]

This rule is effective on:

10/01/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-405. Parole Termination.

[ R671-405-1. Termination of Parole.

The Board may consider terminating an offender's parole when petitioned to do so by the Department of Corrections, other interested parties or on its own initiative. When considering termination, the Board will toll any parole time when a parolee is an absconder. The toll time will be from the date a Board warrant was issued to the date the warrant was executed.

When a termination is approved by the Board, written notification of the Board's action will be provided to the parolee through the Department of Corrections.

Depending on the crime, statutory periods of parole without violation are three, ten years, the unexpired length of the sentence, or life.

Upon receipt of written notification of the service of the statutory maximum period on parole and verification of that information, the Board of Pardons will then order the closing of the file.

] R671-405-1. General Provisions.

(1) When an offender is granted parole, the offender shall remain on parole until:

(a) the offender's maximum parole term has been served;

(b) the Board grants a discretionary parole termination and discharge of the offender's sentence, pursuant to Utah Admin. Rule R671-405-3;

(c) the Board grants an earned parole termination and discharge of the offender's sentence, pursuant to Utah Code Subsections 64-13-21(7), 76-3-202(1)(a) and Utah Admin. Rule R671-405-4; or

(d) the offender's parole is revoked, the offender is found in violation of parole, the offender agrees to re-start parole in lieu of a parole violation or revocation proceeding, or the offender is confined during the parole period.

(2) "Maximum Parole Term" for purposes of this rule is the expiration date of an offender's combined sentences, or the last day of the offender's legislative parole term, as set forth in Utah Code Section 76-3-202, whichever occurs first.

 

R671-405-2. Termination Request Reports.

All parole termination requests or notices submitted by the Department of Corrections (Department) shall include or be accompanied by a report which includes:

(1) the offender's identification information, supervising agent information, and agent contact information;

(2) any incentives granted to, or sanctions imposed on the offender by the Department during the term of parole supervision;

(3) the number of total months on parole during which the offender was compliant with all conditions of parole and the offender's case action plan;

(4) a current risk assessment, score, and risk level;

(5) the results of a current sex offender treatment exit polygraph, if the offender is on parole for a sex offense or if requested by the Board;

(6) an update on the offender's case action plan progress, compliance, and completion and a recommendation from the Department whether parole should be extended to allow successful completion of any necessary treatment program identified in the case action plan which has not yet been completed;

(7) an update regarding the offender's compliance with or completion of all special conditions of parole; and

(8) a summary which details the offender's payment of restitution obligations or orders, and if restitution has not been paid in full, an explanation of the non-payment, and the efforts the Department has made to collect restitution.

 

R671-405-3. Discretionary Termination of Parole.

(1) The Department may request that the Board terminate any offender's parole at any time prior to the final day of the offender's maximum parole term.

(2) The Department shall submit, with the request for early termination of parole, a termination report which contains the information set forth in Rule 405-2 of this rule.

(3) Written notification of the Board's decision regarding the request for parole termination shall be provided to the offender through the Department.

 

R671-405-4. Earned Early Termination of Parole.

(1) When the Department determines that an offender has earned an early termination of parole, pursuant to Utah Code Subsection 64-13-21(7), it shall notify the Board within 30 day and request that the Board terminate the parole of the offender.

(2) The Department shall submit, with the request for earned early termination of parole, a termination report which contains the information set forth in Rule 405-2 of this rule.

(3) Upon receipt and verification of the Department's earned early termination request, the Board shall terminate the offender's parole, unless the Board determines that:

(a) the offender is currently in violation of parole;

(b) the offender violated the terms and conditions of parole at any point during parole, and the violation was not reported to the Board;

(c) the Board determines that the offender was awarded credit toward the earned early termination for a month in which the offender violated the terms and conditions of parole; or

(d) the Board determines that early parole termination would interrupt the completion of a necessary treatment program, identified in the offender's case action plan.

(4) Written notification of the Board's decision regarding the request for earned early parole termination shall be provided to the offender through the Department.

 

KEY: sentencing, parole

Date of Enactment or Last Substantive Amendment: October 1, 2015

Notice of Continuation: January 31, 2012

Authorizing, Implemented, or Interpreted Law: Art. VII, Sec. 12; 64-13-21(7 ); 76-3-202; 77-27-1(18); 77-27-5; 77-27-7(4); 77-27-9; 77-27-11; 77-27-12

 

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