State Codes and Statutes
Statutes > Utah > Title-77 > Chapter-27 > 77-27-1177-27-11. Revocation of parole.
(1) The board may revoke the parole of any person who is found to have violated anycondition of his parole.
(2) (a) If a parolee is detained by the Department of Corrections or any law enforcementofficial for a suspected violation of parole, the Department of Corrections shall immediatelyreport the alleged violation to the board, by means of an incident report, and make anyrecommendation regarding the incident.
(b) No parolee may be held for a period longer than 72 hours, excluding weekends andholidays, without first obtaining a warrant.
(3) Any member of the board may issue a warrant based upon a certified warrant requestto a peace officer or other persons authorized to arrest, detain, and return to actual custody aparolee, and may upon arrest or otherwise direct the Department of Corrections to determine ifthere is probable cause to believe that the parolee has violated the conditions of his parole.
(4) Upon a finding of probable cause, a parolee may be further detained or imprisonedagain pending a hearing by the board or its appointed examiner.
(5) (a) The board or its appointed examiner shall conduct a hearing on the allegedviolation, and the parolee shall have written notice of the time and location of the hearing, thealleged violation of parole, and a statement of the evidence against him.
(b) The board or its 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 fornot allowing the confrontation; and
(v) to be represented by counsel when the parolee is mentally incompetent or pleadingnot guilty.
(c) If heard by an appointed examiner, the examiner shall make a written decision whichshall include a statement of the facts relied upon by the examiner in determining the guilt orinnocence of the parolee on the alleged violation and a conclusion as to whether the allegedviolation occurred. The appointed examiner shall then refer the case to the board for disposition.
(d) Final decisions shall be reached by majority vote of the members of the board sittingand the parolee shall be promptly notified in writing of the board's findings and decision.
(6) Parolees found to have violated the conditions of parole may, at the discretion of theboard, be returned to parole, have restitution ordered, or be imprisoned again as determined bythe board, not to exceed the maximum term, or be subject to any other conditions the board mayimpose within its discretion.
Amended by Chapter 110, 2010 General Session
