S.B. 148

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REVOCATION OF PAROLE -
2 REPRESENTATION BY COUNSEL
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Craig A. Peterson
6 AN ACT RELATING TO UTAH CODE OF CRIMINAL PROCEDURE; MODIFYING
7 MANDATE FOR REPRESENTATION OF COUNSEL AT A REVOCATION OF PAROLE
8 HEARING TO INCLUDE ONLY THOSE WHO ARE MENTALLY INCOMPETENT OR
9 PLEADING NOT GUILTY; AMENDING EXAMINER'S REQUIREMENTS; PRESCRIBING
10 THAT FINAL DECISIONS BE REACHED BY MAJORITY OF THE BOARD SITTING;
11 AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 77-27-11, as last amended by Chapter 22, Laws of Utah 1986
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 77-27-11 is amended to read:
17 77-27-11. Revocation of parole.
18 (1) The board may revoke the parole of any person who is found to have violated any
19 condition of his parole.
20 (2) (a) If a parolee is detained by the Department of Corrections or any law enforcement
21 official for a suspected violation of parole, the Department of Corrections shall immediately report
22 the alleged violation to the board, by means of an incident report, and make any recommendation
23 regarding the incident.
24 (b) No parolee may be held for a period longer than 72 hours, excluding weekends and
25 holidays, without first obtaining a warrant.
26 (3) Any member of the board may issue a warrant based upon a certified warrant request
27 to a peace officer or other persons authorized to arrest, detain, and return to actual custody a

1 parolee, and may upon arrest or otherwise direct the Department of Corrections to determine if
2 there is probable cause to believe that the parolee has violated the conditions of his parole.
3 (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
4 again pending a hearing by the board or its appointed examiner.
5 (5) (a) The board or its appointed examiner shall conduct a hearing on the alleged
6 violation, and the parolee shall have written notice of the time and place of the hearing, the alleged
7 violation of parole, and a statement of the evidence against him.
8 (b) The board or its appointed examiner shall provide the parolee the opportunity:
9 (i) to be present[, be represented by counsel,];
10 (ii) to be heard[,];
11 (iii) to present witnesses and documentary evidence[, and];
12 (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause for
13 not allowing the confrontation; and
14 (v) be represented by counsel when the parolee is mentally incompetent or pleading not
15 guilty.
16 (c) If heard by an appointed examiner, the examiner shall make [findings of fact and] a
17 written decision [as to] which shall include a statement of the facts relied upon by the examiner
18 in determining the guilt or innocence of the parolee on the alleged violation and a conclusion as
19 to whether the alleged violation occurred. The appointed examiner shall then refer the case to the
20 board for disposition. [Decisions]
21 (d) Final decisions shall be reached by majority vote of the members of the board sitting
22 and the parolee shall be promptly notified in writing of the board's findings and decision.
23 (6) Parolees found to have violated the conditions of parole may, at the discretion of the
24 board, be returned to parole, have restitution ordered, or be imprisoned again as determined by the
25 board, not to exceed the maximum term, or be subject to any other conditions the board may
26 impose within its discretion.


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Legislative Review Note
as of 1-22-97 5:22 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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