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Home » 2013 Issues » Vol. 2013, No. 8 (04/15/2013) » No. 37461 (Amendment): Rule R671-515. Timeliness of Parole Revocation Hearings

  No. 37461 (Amendment): Rule R671-515. Timeliness of Parole Revocation Hearings  

  • (Amendment)

    DAR File No.: 37461
    Filed: 03/29/2013 04:01:45 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The purpose of this rule is to detail the procedures and policies surrounding Parole Revocation Hearings and how parolees detained in other states as well as exceeded time periods are to be handled according to those policies.

    Summary of the rule or change:

    This rule change clarifies the procedures and policies surrounding Parole Revocation Hearings and how parolees detained in other states as well as exceeded time periods are to be handled according to those policies.

    State statutory or constitutional authorization for this rule:

    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:

    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.

    R671-515. Timeliness of Parole RevocationHearings.

    R671-515-1. Timeliness of ParoleRevocation Hearings.

    A Parole Revocation Hearing shall beconducted within 30 days after detention in a state prison, unless the parolee expressly waives the hearing inwriting, or unless the Board finds good cause to continue thehearing.

     

    R671-515-2. Detained in Another State.

    If a parolee is detained in another stateon a Utah Board warrant or on a new criminal offense, a parole revocation hearing should beconducted within [thirty (30)]30 days [from]after the parolee's return to the State of Utah.[ When the only hold on a parolee is a Utah Board warrant,then the parolee must be returned as soon as is practical afteraffording the parolee all rights.]

     

    R671-515-3. Exceed Time Period for GoodCause.

    The Board may for good cause upon a motionby the parolee, [or ]the Department of Corrections, or upon its ownmotion, exceed the time period[s] established by this rule[in subsection (2)]. The time periods established by this[limitations in these] rule[s] are discretionary, not mandatory. A motion todismiss a warrant or revocation proceeding based on failure to meet time limits will begranted only if the failure has substantially prejudiced theparolee's defense.

     

    KEY: parole, timeliness, good cause

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

    Notice of Continuation: February 15,2013

    Authorizing, and Implemented or Interpreted Law: [76-3-202]77-27-9(4); 77-27-11

     

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Document Information

Effective Date:
5/22/2013
Publication Date:
04/15/2013
Filed Date:
03/29/2013
Agencies:
Pardons (Board of),Administration
Rulemaking Authority:

Subsection 77-27-9(4)

Section 77-27-11

Authorized By:
Clark Harms, Chairman
DAR File No.:
37461
Related Chapter/Rule NO.: (1)
R671-515. Timeliness of Parole Revocation Hearings.