Section 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. Utah Admin. Code R547-6-4
Amended by Utah State Bulletin Number 2022-06, effective 3/4/2022