R671-514-5. Withdrawal of Pleas


Latest version.
  •   (1) A plea of guilty or no contest may be withdrawn by an offender prior to the entry of the Board's revocation order and disposition based upon the plea.

      (2) A plea of guilty or no contest may be withdrawn only upon leave of the Board and a showing that the plea was not knowingly and voluntarily made.

      (3) A request to withdraw a plea of guilty or no contest shall:

      (a) be made in writing;

      (b) clearly state that it is a motion or request to withdraw a parole revocation plea;

      (c) be addressed to the Board Chair;

      (d) clearly state the reasons supporting the withdrawal; and

      (e) be delivered to the Board within 10 days of the guilty or no contest plea.

      (4) The Board need not hold a hearing prior to ruling on the request to withdraw a plea.

      (5) The Board shall rule on the request to withdraw a plea of guilty or no contest within thirty days of receipt, and shall promptly notify the offender of its decision.