Utah Admin. Code R671-513-1 - Expedited Determination of Parolee Challenge to Probable Cause
1. If a parolee who is returned to custody
for a parole violation wishes to challenge the probable cause statements or
evidence upon which the warrant request was based, the parolee shall submit the
challenge in writing, accompanied by a summary of the evidence supporting the
challenge, within seven days of service of the arrest warrant on the
parolee.
2. At least one member of
the Board shall review all the evidence in support of the parole violation
allegations, as well as the challenge and evidence submitted in support of the
challenge, and decide whether probable cause for the violation allegations
continues to exist.
3. The parolee
also shall inform the Board and the parole agent in writing if any evidence
relating to possible defenses to the alleged parole violation exists and must
be preserved. The request to preserve evidence shall be in writing and
sufficiently detailed so that the parole agent can easily identify and locate
the evidence to be preserved.
Notes
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