Conviction: A judgement of guilt against a criminal defendant.
Department: means the Department of Corrections. See Utah Code 64-13-1
Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
The department or local law enforcement agency shall ensure that the court is notified of violations of the terms and conditions of probation in the case of probationers under the supervision of the department, the local law enforcement agency, or the Board of Pardons and Parole in the case of parolees under the department’s supervision when:
(i)
a sanction of incarceration is recommended;
(ii)
the department or local law enforcement agency determines that a graduated and evidence-based response is not an appropriate response to the offender‘s violation and recommends revocation of probation or parole; or
(iii)
there is probable cause that the conduct that led to a violation of parole or probation is:
(A)
a violent felony as defined in Section 76-3-203.5; or
(B)
a qualifying domestic violence offense as defined in Subsection 77-36-1.1(4) that is not a criminal mischief offense.
(b)
In cases where the department desires to detain an offender alleged to have violated his parole or probation and where it is unlikely that the Board of Pardons and Parole or court will conduct a hearing within a reasonable time to determine if the offender has violated his conditions of parole or probation, the department shall hold an administrative hearing within a reasonable time, unless the hearing is waived by the parolee or probationer, to determine if there is probable cause to believe that a violation has occurred.
(c)
If there is a conviction for a crime based on the same charges as the probation or parole violation, or a finding by a federal or state court that there is probable cause to believe that an offender has committed a crime based on the same charges as the probation or parole violation, the department need not hold an administrative hearing.
(2)
The appropriate officer or officers of the department shall, as soon as practical following the department’s administrative hearing, report to the court or the Board of Pardons and Parole, furnishing a summary of the hearing, and may make recommendations regarding the disposition to be made of the parolee or probationer.
(3)
(a)
Pending any proceeding under this section for a violation of probation or parole, the department:
(i)
except as provided in Subsection (3)(b), may take custody of and detain the parolee or probationer who committed the violation for a period not to exceed 72 hours excluding weekends and holidays; and
(ii)
if the department or the department’s agent has probable cause that the conduct that led to the violation is an offense described in Subsection (1)(a)(iii), shall take custody of and detain the parolee or probationer who committed the violation for a period not to exceed 72 hours excluding weekends and holidays.
(b)
The 72-hour period described in this Subsection (3) is reduced by the amount of time a probationer or parolee is detained under Subsection 17-22-5.5(6).
(4)
In cases where probationers are supervised by a local law enforcement agency, the agency may take custody of and detain the probationer involved for a period not to exceed 72 hours excluding weekends and holidays if:
(a)
the probationer commits a major violation or repeated violations of probation;
(b)
it is unlikely that the court will conduct a hearing within a reasonable time to determine if the offender has violated the conditions of probation; and
(c)
the law enforcement agency conducts an administrative hearing within a reasonable time to determine if there is probable cause to believe the offender has violated the conditions of probation, unless the hearing is waived by the probationer.
(5)
If the requirements for Subsection (4) are met, the local law enforcement agency shall ensure the proper court is notified.
(6)
If the hearing officer determines that there is probable cause to believe that the offender has violated the conditions of the offender’s parole or probation, the department may detain the offender for a reasonable period of time after the hearing or waiver, as necessary to arrange for the incarceration of the offender. A written order of the department is sufficient authorization for any peace officer to incarcerate the offender. The department may promulgate rules for the implementation of this section.
(7)
A written order from the local law enforcement agency is sufficient authorization for any peace officer to incarcerate the offender if:
(a)
the probationers are supervised by a local law enforcement agency; and
(b)
the appropriate officer or officers determine that there is probable cause to believe that the offender has violated the conditions of probation.
(8)
If a probationer supervised by a local law enforcement agency commits a violation outside of the jurisdiction of the supervising agency, the arresting agency is not required to hold or transport the probationer for the supervising agency.
