The state investigation and report examined AP&P's supervision in this case and found it to be consistent with what would be required and expected for supervision standards for a moderate risk offender (the suspect rated as moderate risk per his LS/RNR) according to the adult sentencing and release guidelines. Additionally, the suspect made no threats of harm (no death threats, and no threats of physical harm) - it was all either harassment or extortion threats - nothing that would even fall under the Utah statute for threats of violence (MB). On top of that, the suspect used multi-layered spoofing, which can be extremely difficult to identify the perpetrator. Sometimes entities fail to respond to subpoenas for information, and sometimes even when they do respond to a subpoena for subscriber info or IP information, it may still be difficult to pinpoint the sender when they use those spoofing tactics.
The board of pardons and parole requires a standard of probable cause to be met for all warrants to be issued and for parole revocations. Given the challenges of tying the suspect to the messages when such spoofing tactics are used, it can be tricky to be able to show the probable cause that directly links the suspect to the extortion in order to meet that standard for the BOPP.
In addition, the supervision guidelines are a graduated level of sanctions and actions, with multiple matrices involved.