R671-514-5
R671-514-5. Withdrawal of Admissions
Cite as Utah Admin. Code R671-514-5
(1) An admission or plea of no contest may only be withdrawn by an offender;
(a) before the entry of the Board's revocation order and disposition based upon the plea; and
(b) upon leave of the Board after a showing by the offender that the plea was not knowingly and voluntarily entered.
(2) A request to withdraw an admission or plea of no contest shall:
(a) be made in writing;
(b) clearly state that it is a motion or request to withdraw a parole revocation plea;
(c) be addressed to the Board Chair;
(d) clearly state the reasons supporting the withdrawal; and
(e) be received by the Board before entry of the disposition.
(4) The Board need not hold a hearing before ruling on the request to withdraw a plea.
(5) The Board may rule on a motion or a request to withdraw an admission or plea of no contest within 30 days of receipt and shall promptly notify the offender of its decision.