1. (1) An admission or plea of no contest may only be withdrawn by an offender;

   1. (a) before the entry of the Board's revocation order and disposition based upon the plea; and
   2. (b) upon leave of the Board after a showing by the offender that the plea was not knowingly and voluntarily entered.

2. (2) A request to withdraw an admission or plea of no contest shall:

   1. (a) be made in writing;
   2. (b) clearly state that it is a motion or request to withdraw a parole revocation plea;
   3. (c) be addressed to the Board Chair;
   4. (d) clearly state the reasons supporting the withdrawal; and
   5. (e) be received by the Board before entry of the disposition.
3. (4) The Board need not hold a hearing before ruling on the request to withdraw a plea.
4. (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.

KEY: parole, allegations, pleas

Date of Last Change: May 3, 2024

Notice of Continuation: October 4, 2022

Authorizing, and Implemented or Interpreted Law: 77-27-9(4); 77-27-11; 77-13-6