Utah Admin. Code R547-6-4 - Hearings
(1) Juvenile offenders shall be notified in
writing at least 14 calendar days in advance of initial and parole review
hearings and shall be specifically advised as to the purpose of the
hearing.
(2) The authority hearings
are not open to the public, however, the authority has the discretion to admit
to the hearings any persons who may serve in the best interest of the juvenile
offender.
(3) Hearings by the
authority shall be conducted in a secure environment and in private rooms
appropriately furnished and of adequate size and comfort.
(4) Juvenile offenders may have assistance
from qualified persons for an effective case presentation.
(5) Juvenile offenders shall have legal
representation at parole revocation hearings. Legal representation may be
present at initial, parole review, progress review, and rescission hearings.
(6) A record shall be made of
proceedings and findings made by the authority.
(7) The juvenile offender will be notified
orally of the authority's decisions at the conclusion of each hearing. All
decisions shall be supported in writing and served upon the juvenile offender
within 14 days of the hearing date.
(8) The criteria employed by the authority in
its decision making process are available in written form in the administrative
office of the division and are specific enough to permit consistent application
to individual cases.
(9) Juvenile
offenders shall be scheduled for an initial hearing before the authority no
later than 45 days after the day that the juvenile offender is ordered to
secure care. The initial hearing will be to review a treatment plan and
establish parole release guidelines.
(10) A juvenile offender shall have regularly
scheduled progress review hearings held at the discretion of secure care staff,
YPA staff, the administrative office and the authority. Progress review
hearings will comply with presumptive time guidelines.
(11) Juvenile offenders shall have a parole
review hearing before the authority before release. A date for parole release
shall be established at the parole review hearing when appropriate.
(12) A juvenile offender can petition the
authority for reconsideration of an earlier decision, including release before
the original parole date.
(13) The
presence of a detainer is not an automatic bar to release, rather, the
authority pursues the basis of any such detainer, and releases the juvenile
offender per detainer where appropriate.
Notes
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