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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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R671-513. Expedited Determination of Parolee Challenge to Probable Cause |
| R671-513-1. Expedited Determination of Parolee Challenge to Probable Cause |
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Latest version.
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1. If a parolee who is returned to custody for a parole violation wishes to challenge the probable cause statements or evidence upon which the warrant request was based, the parolee shall submit the challenge in writing, accompanied by evidence supporting the challenge, within seven days of arrest or detention on the warrant. 2. At least one member of the Board shall review all the evidence in support of the parole violation allegations, as well as the challenge and evidence submitted in support of the challenge, and decide whether probable cause for the violation allegations continues to exist. 3. The parolee also shall inform the Board and the parole agent in writing if any evidence relating to possible defenses to the alleged parole violation exists and must be preserved. The request to preserve evidence shall be in writing and sufficiently detailed so that the parole agent can easily identify and locate the evidence to be preserved. |
| R671-513-2. Review of Evidence |
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Latest version.
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Review of the parolee's evidence shall occur no later than five days after the parolee has submitted a challenge to probable cause. If the reviewing Board member decides that the original probable cause determination was correct, the Board member shall deny the parolee's challenge, and parole violation proceedings will continue in accordance with applicable rules. If the reviewing Board member decides that the probable cause determination was incorrect, or that probable cause to believe a violation occurred no longer exists, the case shall be routed to the Board for deliberation. If a majority of the Board believes the parolee's evidence negates the finding of probable cause, the warrant shall be withdrawn and the parolee reinstated on parole. Time spent incarcerated pursuant to a warrant which is withdrawn constitutes service of the parolee's sentence and parole term. |