No. 37457 (Amendment): Rule R671-510. Evidence for Issuance of Warrants

(Amendment)

DAR File No.: 37457
Filed: 03/29/2013 02:19:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to detail the process and the circumstances under which a warrant may be requested and/or issued, and also articulates what information must be provided to the Board, what evidence is required, and how information may be updated.

Summary of the rule or change:

This rule change clarifies process and the circumstances under which a warrant may be requested and/or issued, and also articulates what information must be provided to the Board, what evidence is required, and how information may be updated.

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.

R671-510. Evidence for Issuance ofWarrants.

R671-510-1. Evidence for Issuance ofWarrants.

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

(2) A certified Warrant Request shall be submitted by theparole agent setting forth facts that establish probable cause[reasons] to believe that the [named ]parolee committed specific paroleviolations.

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

(3) Upon approval of the request by the Board, a Warrant ofArrest shall be issued to arrest, detain, and return the parolee to [actual ]custody[ the parolee named therein].

 

R671-510-2. Warrant Request.

Warrant requests shall include:

a. the name of the parolee, offendernumber, and date of birth;

b. the nature of the allegations thatjustify possible revocation of parole;

c. the elements substantiating probablecause for each allegation which should include how, when, where,and what occurred;

d. the condition of the parole agreementthat the parolee is alleged to have violated, along with the dateand location where the violation occurred;

e. the legible name, signature, andtelephone number of the parole officer and supervisor; and

f. under separate or additional[the fax] cover, [sheet will include the]contact information and phone [number or ]numbers [where]for the reporting agent[ can be contacted if needed].

 

R671-510-3. [Background Information]Parole Information.

The agent shall, on a form approved by the Board, provide theBoard 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 paroleperformance.[The agent will also give the Board background informationabout the parolee, including overall status, adjustment to parole,and any other information requested in the warrant request form,which the Board shall promulgate. The background information shallaccompany the warrant request if it can be completed in time. If itcannot be completed by the time the warrant is submitted, the agentshall send it to the Board, and the parolee, within seven (7) daysafter issuance of the warrant.]

 

R671-510-4. Update Information.

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

(2) No less than seven [(7) ]days prior to the hearing, the agent [will]shall send the Board all updated information and any amended allegationsand recommendations.[to the Board all updated allegations and recommendationsand any other information needed to ensure that full informationregarding allegations and general parole performance is in the fileprior to the hearing.] The agent shall provide the offender with a copy of the updatedinformation no less than seven days prior to the hearing.[The agent will also serve updated allegations and disclosegeneral information to the incarcerated parolee no less than seven(7) days prior to the parole violation hearing.]

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

 

KEY: warrants, parole, probable cause

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

 

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