80-6-806.  Parole revocation — Hearing — Procedures.

(1) 

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Terms Used In Utah Code 80-6-806

  • Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
  • Detention: means home detention or secure detention. See Utah Code 80-1-102
  • Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
  • 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.
  • Juvenile offender: means :
(a) a serious youth offender; or
(b) a youth offender. See Utah Code 80-1-102
  • Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Rescission: means a written order of the authority that rescinds a date for parole. See Utah Code 80-6-102
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Revocation: means a written order of the authority that, after a hearing and determination under Section 80-6-806:
    (a) terminates supervision of a juvenile offender's parole; and
    (b) directs a juvenile offender to return to secure care. See Utah Code 80-6-102
  • Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
  • Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102
    • (a)  The authority may only revoke the parole of a juvenile offender after a hearing and upon determination that there has been a violation of law or of a condition of parole by the juvenile offender that warrants the juvenile offender’s return to secure care.

    (b)  The parole revocation hearing shall be held at the secure care facility.

    • (2) 

    (a)  Before returning a juvenile offender to secure care for a parole revocation or rescission hearing, the division shall provide a prerevocation or prerescission hearing within the vicinity of the alleged violation, to determine whether there is probable cause to believe that the juvenile offender violated the conditions of the juvenile offender’s parole.

    (b)  Upon a finding of probable cause, the juvenile offender may be remanded to secure care, pending a revocation hearing.

    (3)  The authority shall only proceed with the parole revocation or rescission process in accordance with the system of appropriate responses developed in accordance with Section 80-6-607.

    (4)  A paroled juvenile offender is entitled to legal representation at the parole revocation hearing, and if the juvenile offender or the juvenile offender’s family has requested but cannot afford legal representation, the authority shall appoint legal counsel.

    (5) 

    (a)  A juvenile offender:

    (i)  shall receive timely advance notice of the date, time, place, and reason for the hearing; and

    (ii)  has the right to appear at the hearing.

    (b)  The authority shall provide the juvenile offender an opportunity to be heard, to present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless there is good cause for disallowing that confrontation.

    (6)  Decisions in parole revocation or rescission hearings shall be reached by a majority vote of the present members of the authority.

    (7) 

    (a)  The authority may issue a warrant to order any peace officer or division employee to take into custody a juvenile offender alleged to be in violation of parole conditions in accordance with Section 80-6-607.

    (b)  The division may issue a warrant to any peace officer or division employee to retake a juvenile offender who has escaped from secure care.

    (c)  Based upon the warrant issued under this Subsection (7), a juvenile offender may be held in a local detention facility for no longer than 48 hours, excluding weekends and legal holidays, to allow time for a prerevocation or prerescission hearing of the alleged parole violation, or in the case of an escapee, arrangement for transportation to secure care.

    Renumbered and Amended by Chapter 261, 2021 General Session

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