No. 37456 (Amendment): Rule R671-509. Parole Progress / Violation Reports

(Amendment)

DAR File No.: 37456
Filed: 03/29/2013 01:47:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to detail the process through which the Board is provided parole progress reports and the procedures and the circumstances under which parole may be revoked.

Summary of the rule or change:

This rule change clarifies the process through which the Board is provided parole progress reports and the procedures and the circumstances under which parole may be revoked by the Board.

State statutory or constitutional authorization for this rule:

• Section 77-27-11

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.

R671-509. Parole Progress / ViolationReports.

R671-509-1. Progress / ViolationReports.

(1) A parole agent or other representative of the Departmentof Corrections shall submit [to the Board ]a parole progress / violation reportto the Board when an incident occurs that may constitute[s] cause to modify the conditions of or revokeparole[.], including:[ Examples of incidents which shall be reported to the Boardvia a parole progress / violation report are:]

a. an arrest or [C]conviction of any misdemeanor or felony;[.]

b. [S]significant violations of the general or special conditionsof parole; and[.]

c. [A]an incident which results in the parole agent placing theparolee in jail, under arrest, in detainment, or other conditionsor incidents which result in the parolee being denied liberty.

(2) These reported parole violations shall be investigatedand all incident reports[(s)] along with a recommended course of action shall be submitted to the Board within 72 hours ofconfinement or, if the parolee is not confined, detained or arrested,within seven [(7)] days from the date of the violation.

(3) The report shall advise the Board of a parolee'sadjustment to parole and provide reasons for modification of the paroleagreement conditions. Police reports, court orders, and waivers ofpersonal appearance from parolees shall be attached whenapplicable.

 

KEY: parole, incidents

Date of Enactment or Last Substantive Amendment: [October 13, 2008]2013

Notice of Continuation: February 15,2013

Authorizing, and Implemented orInterpreted Law: 77-27-11

 

---