No. 31816 (Amendment): R671-509. Progress Violation Reports

DAR File No.: 31816
Filed: 08/14/2008, 01:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides a guideline for parole agents or other Department of Corrections representatives under which to submit parole progress/violation reports. This keeps the Board informed of new convictions, charges, and other violations of parole or progress.

Summary of the rule or change:

The time line in which the parole agent or Department of Corrections representative must report progress or violations is now 72 hours of confinement or 7 days from the date of violation.

State statutory or constitutional authorization for this rule:

Section 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 a more defined time line.

local governments:

None--The changes do not introduce costs or savings as the changes relate only to a more defined time line.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes relate only to a more defined time line.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes relate only to a more defined time line.

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.

R671-509. Parole Progress / Violation Reports.

R671-509-1. Progress / Violation Reports.

A parole agent or other representative of the Department of Corrections shall submit to the Board a parole progress / violation report when an incident[, positive or negative,] occurs that constitutes cause to modify the conditions of[,] or revoke[,] parole.

Examples of incidents which shall be reported to the Board via a parole progress / violation [R]report are:

a. Conviction of any [infraction, ]misdemeanor or felony.

b. Significant violations[incidents or infractions] of the general or [specific] special conditions of parole.

c. An incident which results in the parole [supervisor]agent placing the parolee in jail[ on a parole hold], under arrest, in detainment, or other conditions or incidents which result in the parolee being denied liberty.

[All suspected]These reported parole violations shall be investigated and [an ]all incident report(s) along with a recommended course of action submitted to the Board within [a reasonable period of time.]72 hours of confinement or seven (7) days from the date of the violation. The report shall advise the Board of a parolee's adjustment and provide reasons for modification of the parole agreement conditions[ if necessary]. Police reports, court orders, and waivers of personal appearance from parolees shall be attached when applicable.

 

KEY: parole, incidents

Date of Enactment or Last Substantive Amendment: [January 1, 1999]2008

Notice of Continuation: September 11, 2003

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