(1)  The board may revoke the parole of any individual who is found to have violated any condition of the individual’s parole.

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Terms Used In Utah Code 77-27-11

  • Arrest: Taking physical custody of a person by lawful authority.
  • Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
  • Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Corrections. See Utah Code 77-27-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
  • Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Writing: includes :Utah Code 68-3-12.5
(2) 

(a)  If a parolee is confined by the department or any law enforcement official for a suspected violation of parole, the department:

(i)  shall immediately report the alleged violation to the board, by means of an incident report; and

(ii)  make any recommendation regarding the incident.

(b)  A parolee may not be held for a period longer than 72 hours, excluding weekends and holidays, without first obtaining a warrant.

(3)  Any member of the board may:

(a)  issue a warrant based upon a certified warrant request to a peace officer or other persons authorized to arrest, detain, and return to actual custody a parolee; and

(b)  upon arrest of the parolee, determine, or direct the department to determine, if there is probable cause to believe that the parolee has violated the conditions of the parolee’s parole.

(4)  Upon a finding of probable cause, a parolee may be further detained or imprisoned again pending a hearing by the board or the board’s appointed examiner.

(5) 

(a)  The board or the board’s appointed examiner shall conduct a hearing on the alleged violation, and the parolee shall have written notice of the time and location of the hearing, the alleged violation of parole, and a statement of the evidence against the parolee.

(b)  The board or the board’s appointed examiner shall provide the parolee the opportunity:

(i)  to be present;

(ii)  to be heard;

(iii)  to present witnesses and documentary evidence;

(iv)  to confront and cross-examine adverse witnesses, absent a showing of good cause for not allowing the confrontation; and

(v)  to be represented by counsel when the parolee is mentally incompetent or pleading not guilty.

(c) 

(i)  If heard by an appointed examiner, the examiner shall make a written decision which shall include a statement of the facts relied upon by the examiner in determining the guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the alleged violation occurred.

(ii)  The appointed examiner shall then refer the case to the board for disposition.

(d) 

(i)  A final decision shall be reached by a majority vote of the sitting members of the board.

(ii)  A parolee shall be promptly notified in writing of the board’s findings and decision.

(6) 

(a)  If a parolee is found to have violated the terms of parole, the board, at the board’s discretion, may:

(i)  return the parolee to parole;

(ii)  modify the payment schedule for the parolee’s criminal accounts receivable in accordance with Section 77-32b-105;

(iii)  order the parolee to pay pecuniary damages that are proximately caused by a defendant‘s violation of the terms of the defendant’s parole;

(iv)  order the parolee to be imprisoned, but not to exceed the maximum term of imprisonment for the parolee’s sentence; or

(v)  order any other conditions for the parolee.

(b)  If the board returns the parolee to parole, the length of parole may not be for a period of time that exceeds the length of the parolee’s maximum sentence.

(c)  If the board revokes parole for a violation and orders incarceration, the board may impose a period of incarceration:

(i)  consistent with the guidelines under Subsection 63M-7-404(5); or

(ii)  subject to Subsection (6)(a)(iv), impose a period of incarceration that differs from the guidelines.

(d)  The following periods of time constitute service of time toward the period of incarceration imposed under Subsection (6)(c):

(i)  time served in jail by a parolee awaiting a hearing or decision concerning revocation of parole; and

(ii)  time served in jail by a parolee due to a violation of parole under Subsection 64-13-6(2).

Amended by Chapter 115, 2022 General Session

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