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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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R671-516. Parole Revocation Hearings |
| R671-516-1. Allegations |
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At the hearing, the hearing official shall: (a) inform the parolee of the parole violation allegations; (b) review the parolee's rights as to any guilty or no-contest pleas that may be entered; and (c) take the parolee's pleas on the record. |
| R671-516-2. Proceedings Upon Plea of Guilt or No-Contest |
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If the parolee pleads guilty or no-contest to any of the allegations, the hearing official may conduct further inquiry or proceedings in order to reach a disposition and recommendation regarding the parole violation. The parolee may present any reasons for mitigation. If present, the parole agent or representative of the Department of Corrections may discuss reasons for aggravation or mitigation and recommend a disposition. If not present, the parole agent or representative of the Department of Corrections may make such submissions and recommendations in writing. |
| R671-516-3. Not Guilty Pleas |
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If the parolee pleads not guilty to any allegation, the Board shall either schedule an evidentiary hearing on the allegation or dismiss it as soon as practical. See also Utah Admin. Code R671-514, Waiver and Pleas of Guilt. |
| R671-516-4. Insufficient Evidence |
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If, upon receiving a plea of not guilty to a parole violation allegation, the hearing official believes there is insufficient evidence to justify an evidentiary hearing, the matter shall be promptly routed to the Board. If a majority of the Board agrees, the allegation shall be dismissed. If all allegations are dismissed, the Board's warrant shall be vacated and the parolee released from custody and reinstated on parole. |