Utah Administrative Code (Current through November 1, 2019) |
R671. Pardons (Board of), Administration |
R671-513. Expedited Determination of Parolee Challenge to Probable Cause |
R671-513-2. Review of Evidence
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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If a majority of the Board believes the parolee's evidence negates the finding of probable cause, the warrant shall be withdrawn and the parolee reinstated on parole. Time spent incarcerated pursuant to a warrant which is withdrawn constitutes service of the parolee's sentence and parole term.