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Utah Administrative Code (Current through November 1, 2019) |
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R671. Pardons (Board of), Administration |
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R671-515. Timeliness of Parole Revocation Hearings |
| R671-515-1. Timeliness of Parole Revocation Hearings |
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A Parole Revocation Hearing shall be conducted within 30 days after detention in a state prison, unless the parolee expressly waives the hearing in writing, or unless the Board finds good cause to continue the hearing. |
| R671-515-2. Detained in Another State |
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If a parolee is detained in another state on a Utah Board warrant or on a new criminal offense, a parole revocation hearing should be conducted within 30 days after the parolee's return to the State of Utah. |
| R671-515-3. Exceed Time Period for Good Cause |
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The Board may for good cause upon a motion by the parolee, the Department of Corrections, or upon its own motion, exceed the time period established by this rule. The time periods established by this rule are discretionary, not mandatory. A motion to dismiss a warrant or revocation proceeding based on failure to meet time limits will be granted only if the failure has substantially prejudiced the parolee's defense. |
| R671-515-4. Exceed Time Period for Good Cause. |
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Latest version.
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The Board may for good cause upon a motion by the parolee or the Department of Corrections, or upon its own motion, exceed the time periods established in subsection (2) or (3). The time limitations in these rules are directory, not mandatory. A motion to dismiss a revocation based on failure to meet time limits will be granted only if the failure has substantially prejudiced the parolee's defense. |