[Rev. 2/10/2015 4:36:29
PM--2014R2]
CHAPTER 213 - PARDONS AND PAROLES;
REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS
PARDONS, REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS;
STATE BOARD OF PARDONS COMMISSIONERS
NRS 213.005 Definitions.
NRS 213.010 State
Board of Pardons Commissioners: Members; meetings; notice of meetings to
victim.
NRS 213.015 Salaries
of certain Board members who are justices of Supreme Court.
NRS 213.017 Secretary
of Board: Appointment; qualifications; duties.
NRS 213.020 Notice
of application for remission, commutation, pardon or restoration of civil
rights: Contents; service.
NRS 213.030 When
notice of application not required.
NRS 213.035 Restoration
of civil rights expedited by Board under certain conditions.
NRS 213.040 District
attorneys to furnish Board with statement upon receipt of notice of application
for remission, commutation or pardon; notice of application to victim.
NRS 213.050 Board
members may administer oaths; certification of affidavits and depositions by
judges, county clerks and notaries public.
NRS 213.055 Person
with communications disability entitled to services of interpreter at hearing.
NRS 213.060 Procedure
when judgment of fine or forfeiture is remitted.
NRS 213.070 Fines
and forfeitures do not include discharge from liability on bail bond.
NRS 213.080 Procedure
when death penalty is commuted.
NRS 213.085 Board
prohibited from commuting sentence of death or imprisonment for life without
possibility of parole to sentence that would allow parole.
NRS 213.090 Pardon:
Restoration of civil rights; relieved of disabilities; limitations.
NRS 213.095 Notice
by Board to victim if clemency granted.
NRS 213.100 Order
of discharge when clemency granted.
PAROLE
General Provisions
NRS 213.107 Definitions.
NRS 213.10705 Legislative
declaration concerning parole, probation and residential confinement.
Division of Parole and
Probation of the Department of Public Safety
NRS 213.1071 Division:
Creation; composition; Chief.
NRS 213.1072 Chief:
Duties.
NRS 213.1073 Chief:
Powers.
NRS 213.1075 Information
obtained by employees of Division or Board privileged; nondisclosure.
NRS 213.1076 Fee
to defray costs of supervision; regulations; waiver.
NRS 213.1077 Contracts
and agreements with Federal Government.
NRS 213.1078 Level
of supervision of probationer or parolee; review; notice to probationer or
parolee of change in level.
State Board of Parole Commissioners
NRS 213.108 Creation;
members; Chair; qualifications; decisions.
NRS 213.1085 Executive
Secretary: Appointment; unclassified service; qualifications; duties.
NRS 213.1086 Method
of payment of compensation, salaries and expenses of Executive Secretary and
employees.
NRS 213.1087 Terms
of members; vacancies; other employment prohibited; administration of oaths;
certification of affidavits and depositions.
NRS 213.1088 Program
of orientation for new members and case hearing representatives; continuing
education of members and case hearing representatives.
NRS 213.10885 Board
to adopt standards for granting or revocation of parole; sample form regarding
probability of success on parole to be made available to public; review of
effectiveness of standards; report to Legislature.
NRS 213.10887 Board
to compile, maintain, organize and tabulate information concerning decisions
regarding parole.
NRS 213.1089 Subpoenas.
NRS 213.10915 Automated
victim notification of eligibility of prisoner for residential confinement and
consideration for parole; requirements; exceptions.
Parole and Probation Officers
NRS 213.1092 Chief:
Appointment; qualifications.
NRS 213.1094 Chief:
Other employment prohibited.
NRS 213.1095 Chief:
Powers and duties.
NRS 213.1096 Powers
and duties of assistant parole and probation officers.
NRS 213.10983 Seizure,
custody, use and sale of property other than dangerous instrument or weapon.
NRS 213.10985 Seizure,
custody, use and sale of dangerous instrument or weapon.
NRS 213.10988 Chief
to adopt standards for recommendations regarding parole or probation.
Release of Prisoner on Parole
NRS 213.1099 Limitations
on Board’s power to release prisoners on parole.
NRS 213.110 Regulations
regarding parole; suspension of parole to permit induction into military
service.
NRS 213.115 Release
of certain prisoners on parole at request of authorities of other jurisdictions
for prosecution.
NRS 213.120 When
prisoner becomes eligible for parole.
NRS 213.1212 Eligibility
for parole of prisoner whose sentences have been aggregated; written request to
aggregate sentences.
NRS 213.1213 Eligibility
for parole of prisoner sentenced to serve two or more concurrent sentences;
eligibility for parole of prisoner sentenced to serve two or more consecutive
sentences of life imprisonment with the possibility of parole.
NRS 213.1214 Evaluation
of certain prisoners by Department of Corrections before parole hearing;
Director of Department to establish procedure for assessment of prisoners;
immunity; regulations.
NRS 213.1215 Mandatory
release of certain prisoners.
NRS 213.1216 Release
of prisoner whose conduct during commission of crime satisfies requirements for
enhancement for certain crimes against older persons.
NRS 213.12175 Board
may impose any reasonable conditions on parolee to protect health, safety and
welfare of community.
NRS 213.1218 Person
to submit signed document before being released on parole; Division to contact
person released on parole within 5 days unless waived by Chief.
NRS 213.12185 Chief
to notify Department of Motor Vehicles when prisoner who has had license,
permit or privilege to drive revoked is placed on parole or residential
confinement.
NRS 213.122 Chief
to develop statewide plan for strict supervision of parolees.
NRS 213.123 Imposition
of tests to determine use of controlled substance as condition of parole.
NRS 213.1235 Program
of aftercare following assignment to therapeutic community as condition of
parole.
NRS 213.124 Imposition
of program of intensive supervision as condition of parole; Chief to develop
program; program to include electronic supervision of parolee.
NRS 213.1243 Release
of sex offender: Program of lifetime supervision; required conditions of
lifetime supervision; penalties for violation of conditions; exception to
conditions.
NRS 213.1245 Prisoner
convicted of sexual offense: Mandatory conditions of parole.
NRS 213.1255 Prisoner
who is Tier 3 offender convicted of sexual offense against child under 14:
Additional conditions of parole required.
NRS 213.1258 Conditions
relating to computers and use of Internet and other electronic means of
communication; powers and duties of Board; exceptions.
NRS 213.126 Requirement
of restitution as condition of parole; Restitution Trust Fund.
NRS 213.1263 Board
may prohibit association with members of criminal gang as condition of parole.
NRS 213.128 Person
with communications disability entitled to services of interpreter at hearing
of case.
NRS 213.131 Consideration
for parole: Duties of Department of Corrections; use of photographs related to
offense during meeting of the State Board of Parole Commissioners; conduct of
meeting; notice of meeting to victim; prisoner’s rights; notice to prisoner of
decision of Board.
NRS 213.133 Delegation
of Board’s authority to hear and act upon parole of prisoner and issues before
Board; recommendations for prisoner’s release on parole without meeting of
Board under certain circumstances.
NRS 213.135 Case
hearing representatives: Board may maintain list of eligible persons;
qualifications; designation.
NRS 213.140 Board
to consider parole of eligible prisoner; release may be authorized whether or
not prisoner accepts parole; duties of Division when parole is authorized;
adoption of regulations.
NRS 213.142 Rehearing
to be scheduled if parole denied.
Parole Violators
NRS 213.150 Board’s
authority to adopt regulations covering conduct of parolees; Board’s authority
to retake parolees.
NRS 213.151 Arrest
of alleged violator of parole: Powers and duties of peace officers.
NRS 213.15103 Incarceration
and custody of parolee who violates condition of parole; duty of Division.
NRS 213.15105 Placement
of alleged parole violator in residential confinement pending inquiry.
NRS 213.1511 Inquiry
to determine probable cause to believe violation occurred: Inquiring officer;
place and time of inquiry; oaths.
NRS 213.1513 Inquiry
to determine probable cause to believe violation occurred: Notice to parolee;
rights of parolee.
NRS 213.1515 Inquiry
to determine probable cause to believe violation occurred: Findings and
determinations of inquiring officer; continued detention of parolee.
NRS 213.1517 Actions
by Chief and Board after determination of existence of probable cause to
continue detention of paroled prisoner.
NRS 213.1518 Effect
of violation of condition of parole, forfeiture and restoration of credits for
good behavior.
NRS 213.15185 When
paroled prisoner deemed escaped prisoner; loss of credits for good behavior;
service of unexpired term of imprisonment.
NRS 213.15187 Conviction
and incarceration of paroled prisoner in other jurisdiction; revocation or
continuation of parole.
NRS 213.1519 Effect
of parole revocation.
NRS 213.15193 Residential
confinement of alleged violator of parole: Requirements; electronic
supervision.
NRS 213.15195 Residential
confinement of alleged violator of parole: Terms and conditions; notification
of parolee.
NRS 213.15198 Residential
confinement of alleged violator of parole: Termination by Chief Parole and
Probation Officer.
NRS 213.152 Residential
confinement of violator of parole: Authority of Board; confinement to
residence, facility or institution of Department of Corrections; requirements;
electronic supervision.
NRS 213.1524 Residential
confinement of violator of parole: Terms and conditions; notification of
parolee.
NRS 213.1526 Residential
confinement of violator of parole: Violation of term or condition.
NRS 213.1528 Residential
confinement of violator of parole: Program of supervision.
NRS 213.153 Payment
of expenses of returning person for violating parole; restitution for expenses
incurred in return.
Discharge From Parole
NRS 213.154 Division
to issue honorable or dishonorable discharge to parolee whose term of sentence
has expired; unpaid restitution constitutes civil liability.
Civil Rights of Paroled Prisoners
NRS 213.155 Restoration
of civil rights after honorable discharge from parole; limitations.
NRS 213.157 Restoration
of civil rights after sentence served; limitations.
INTERSTATE COMPACT FOR ADULT
OFFENDER SUPERVISION
NRS 213.215 Enactment
of Compact.
PROGRAM FOR WORK RELEASE
NRS 213.291 Definitions.
NRS 213.293 “Department”
defined.
NRS 213.294 “Director”
defined.
NRS 213.297 “Program”
defined.
NRS 213.300 Establishment
of program.
NRS 213.310 Selection
and referral of offenders for enrollment in program.
NRS 213.315 Eligibility
of illiterate offenders, offenders whose native language is not English and
offenders with developmental, learning and other disabilities.
NRS 213.320 Administration
of program; duties of Director.
NRS 213.330 Disposition
of salaries and wages of offender.
NRS 213.350 Enrollees
not agents or employees of State; status.
NRS 213.360 Termination
of enrollment; unauthorized absence constitutes escape.
RESIDENTIAL CONFINEMENT OF OFFENDERS
NRS 213.371 Definitions.
NRS 213.375 Determination
of eligibility for residential confinement after determining that offender is
abuser of alcohol or drugs.
NRS 213.380 Division
to establish procedures for and conditions of residential confinement; use of
electronic device.
NRS 213.390 Duties
of Chief Parole and Probation Officer.
NRS 213.400 Effect
of absence of offender from residence, employment, treatment or other
authorized activity.
NRS 213.410 Division
to conduct inquiry regarding escape of offender from residential confinement or
other violation of term or condition of residential confinement; duties of
inquiring officer.
PROGRAMS OF REENTRY INTO COMMUNITY
NRS 213.600 Definitions.
NRS 213.605 “Board”
defined.
NRS 213.607 “Correctional
program” defined.
NRS 213.609 “Director”
defined.
NRS 213.610 “Division”
defined.
NRS 213.615 “Judicial
program” defined.
NRS 213.620 “Reentry
court” defined.
NRS 213.625 Judicial
program: Referral of offender to reentry court; requirement of participating in
program as condition of parole; powers and duties of Board.
NRS 213.630 Effect
of violation of term or condition of judicial program or parole; powers of
reentry court; duties of Board.
NRS 213.632 Referral
of prisoner or parolee to be considered for participation in correctional
program; participation as condition of parole; considerations; regulations;
limitations.
NRS 213.633 Violation
of term or condition of correctional program or of parole to be reported to
Board.
NRS 213.635 Supervision
of participant in correctional or judicial program.
_________
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PARDONS, REMISSIONS OF FINES AND COMMUTATIONS OF
PUNISHMENTS; STATE BOARD OF PARDONS COMMISSIONERS
NRS 213.005 Definitions. As
used in NRS 213.005 to 213.100,
inclusive, unless the context otherwise requires:
1. “Board” means the State Board of
Pardons Commissioners.
2. “Secretary” means the Secretary of the
Board.
3. “Victim” includes:
(a) A person, including a governmental entity,
against whom a crime has been committed;
(b) A person who has been injured or killed as a
direct result of the commission of a crime; or
(c) A relative of a person described in paragraph
(a) or (b). For the purposes of this paragraph, a “relative” of a person
includes:
(1) A spouse, parent, grandparent or
stepparent;
(2) A natural born child, stepchild or
adopted child;
(3) A grandchild, brother, sister, half
brother or half sister; or
(4) A parent of a spouse.
(Added to NRS by 1983, 1330; A 1995, 1258, 2388; 2005, 2906; 2009, 775)
NRS 213.010 State Board of Pardons Commissioners: Members; meetings; notice
of meetings to victim.
1. The State Board of Pardons
Commissioners consists of the Governor, the justices of the Supreme Court and
the Attorney General.
2. Meetings of the Board for the purpose
of considering applications for clemency may be held semiannually or oftener,
on such dates as may be fixed by the Board.
3. Except as otherwise provided in a
policy adopted pursuant to NRS 213.035, the Board
shall give written notice at least 15 days before a meeting to each victim of
the crimes committed by each person whose application for clemency will be
considered at the meeting, if the victim so requests in writing and provides
his or her current address. If a current address is not provided, the Board may
not be held responsible if the notice is not received by the victim. The victim
may submit a written response to the Board at any time before the meeting. All
personal information, including, but not limited to, a current or former
address, which pertains to a victim and which is received by the Board pursuant
to this subsection is confidential.
[1:149:1933; 1931 NCL § 11569]—(NRS A 1957, 738; 1973,
803; 1979, 657;
1983, 1330,
1438, 1658; 1997, 3244; 2009, 775)
NRS 213.015 Salaries of certain Board members who are justices of Supreme
Court.
1. A member of the Board who has served as
a district judge, a judge of the Court of Appeals or a justice of the Supreme
Court, or any combination thereof, for at least 4 years, is entitled to
compensation as a member of the Board in the amount of 2 percent of his or her
annual salary as a justice of the Supreme Court for each year of service as a
district judge, a judge of the Court of Appeals or a justice of the Supreme
Court, or any combination thereof. The compensation received by a justice for
service on the Board must not exceed 22 percent of his or her annual salary as
a justice of the Supreme Court.
2. The salaries provided for in this
section must be paid out of money provided by direct legislative appropriation
from the State General Fund.
(Added to NRS by 1963, 1314; A 1965, 1154; 1969, 790;
1971, 2205; 1977,
1014; 1981,
1372; 1985,
1608; 1989,
1896, 2119;
1995, 2515;
1999, 3196;
2013, 1767)
NRS 213.017 Secretary of Board: Appointment; qualifications; duties.
1. The Chair of the State Board of Parole
Commissioners shall appoint a person to serve as Secretary of the State Board
of Pardons Commissioners.
2. The Secretary must be selected on the
basis of his or her training, experience, capacity and interest in correctional
services.
3. The Secretary shall perform such duties
as are required by the Board, including, but not limited to:
(a) Preparing the agenda for meetings of the
Board;
(b) Providing notification to victims on behalf
of the Board and the State Board of Parole Commissioners; and
(c) Establishing and facilitating the procedures
by which a person may apply to have a fine or forfeiture remitted, a punishment
commuted, a pardon granted or his or her civil rights restored by the Board.
(Added to NRS by 1973, 804; A 2003, 427)
NRS 213.020 Notice of application for remission, commutation, pardon or
restoration of civil rights: Contents; service.
1. Any person intending to apply to have a
fine or forfeiture remitted, a punishment commuted, a pardon granted or his or
her civil rights restored, or any person acting on his or her behalf, must
submit an application to the Board, in accordance with the procedures
established by the Secretary pursuant to NRS 213.017,
specifying therein:
(a) The court in which the judgment was rendered;
(b) The amount of the fine or forfeiture, or the
kind or character of punishment;
(c) The name of the person in whose favor the
application is to be made;
(d) The particular grounds upon which the
application will be based; and
(e) Any other information deemed relevant by the
Secretary.
2. A person must not be required to pay a
fee to have a fine or forfeiture remitted, a punishment commuted, a pardon
granted or his or her civil rights restored pursuant to this section.
3. Except as otherwise provided in a
policy adopted pursuant to NRS 213.035, the
Secretary shall submit notice of the date, time and location of the meeting to
consider the application and one copy of the application to the district
attorney and to the district judge of the county wherein the person was
convicted. In cases of fines and forfeitures, notice of the date, time and
location of the meeting to consider the application must also be served on the
chair of the board of county commissioners of the county wherein the person was
convicted.
4. Except as otherwise provided in a
policy adopted pursuant to NRS 213.035, notice of
the date, time and location of a meeting to consider an application pursuant to
this section must be served upon the appropriate persons as required in this
section at least 30 days before the presentation of the application, unless a
member of the Board, for good cause, prescribes a shorter time.
[4:149:1933; 1931 NCL § 11572] + [Part 5:149:1933;
1931 NCL § 11573]—(NRS A 1977, 869; 1983, 1331; 2001
Special Session, 199; 2005, 2907; 2009, 775)
NRS 213.030 When notice of application not required. No notice shall be required of an application
for:
1. A restoration to citizenship to take
effect at the expiration of a term of imprisonment; or
2. The commutation of the death penalty.
[9:149:1933; 1931 NCL § 11577]
NRS 213.035 Restoration of civil rights expedited by Board under certain
conditions. The Board may adopt a
policy to provide an expedited process to take action, without holding a
meeting, to restore the civil rights, in whole or in part, of a person who
submits an application to the Board to have his or her civil rights restored if
certain conditions are met, including, without limitation, that:
1. There is no objection from the court in
which the judgment was rendered;
2. There is no objection from the district
attorney of the county wherein the person was convicted; and
3. The Board has not received a written
request for notice concerning a meeting to consider an application for clemency
from a victim of a crime committed by the person.
(Added to NRS by 2009, 774)
NRS 213.040 District attorneys to furnish Board with statement upon receipt
of notice of application for remission, commutation or pardon; notice of
application to victim. All
district attorneys receiving notice of an application for a pardon, or
commutation of punishment, or remission of fine or forfeiture, shall transmit
forthwith to:
1. The Board a statement in writing of
facts surrounding the commission of the offense for which the applicant is
incarcerated or subject to penalty and any information affecting the merits of
the application.
2. Each victim of the person applying for
clemency a copy of the notice of the application, if the victim so requests in
writing and provides his or her current address. If a current address is not
provided, the district attorney may not be held responsible if a copy of the
notice is not received by the victim. All personal information, including, but
not limited to, a current or former address, which pertains to a victim and
which is received by the district attorney pursuant to this subsection is
confidential.
[6:149:1933; 1931 NCL § 11574]—(NRS A 1957, 333; 1983, 1331; 1997, 3244)
NRS 213.050 Board members may administer oaths; certification of affidavits
and depositions by judges, county clerks and notaries public.
1. Any member of the Board shall have
authority to administer an oath or affirmation to any person offering to
testify upon the hearing of an application for a pardon, or the commutation of
a punishment, or the remission of a fine or forfeiture.
2. Any district judge, county clerk or
notary public may take and certify affidavits and depositions to be used upon
such applications, either for or against the same.
[7:149:1933; 1931 NCL § 11575]—(NRS A 1957, 738)
NRS 213.055 Person with communications disability entitled to services of
interpreter at hearing. An
applicant or a witness at a hearing upon an application for clemency who is a
person with a communications disability as defined in NRS 50.050 is entitled to the services of
an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be
appointed by the Governor or a member of the Board designated by the Governor.
(Added to NRS by 1979, 657; A 2001, 1776; 2007, 170)
NRS 213.060 Procedure when judgment of fine or forfeiture is remitted. Whenever acting as the Board, the Governor,
justices of the Supreme Court and the Attorney General, or the major part of
them, the Governor being one, shall remit any judgment of fine or forfeiture, a
certificate reciting the fine or forfeiture remitted, duly signed and attested
with the Great Seal of the State, shall be filed in the clerk’s office of the
court wherein the judgment of fine or forfeiture was entered, and the clerk
shall make an entry in the judgment docket or other proper place, showing that
the fine or forfeiture is remitted, which filing and entry shall be evidence of
the satisfaction thereof.
[2:149:1933; 1931 NCL § 11570]
NRS 213.070 Fines and forfeitures do not include discharge from liability on
bail bond. The fines and
forfeitures mentioned in this chapter shall not be so construed as to include
the remittance or discharge from liability on any bail bond.
[10:149:1933; 1931 NCL § 11578]
NRS 213.080 Procedure when death penalty is commuted.
1. Whenever any punishment involving the
death penalty is commuted, a statement in writing shall be made out and signed
reciting:
(a) The name of the person whose punishment is
commuted.
(b) The time and place where convicted.
(c) The amount, kind and character of punishment
substituted instead of the death penalty.
(d) The place where the substituted punishment is
to be served out or suffered.
2. The statement shall be directed to the
proper officer or authority charged by law with the safekeeping and execution
of the punishment. The statement, attested with the Great Seal of this state,
shall be sufficient authority for such officer or authority to receive and
retain the person named in the statement as therein directed, and the officer
or authority named in the statement must receive the person whose punishment
has been commuted, and retain the person as directed.
[3:149:1933; 1931 NCL § 11571]
NRS 213.085 Board prohibited from commuting sentence of death or
imprisonment for life without possibility of parole to sentence that would
allow parole.
1. If a person is convicted of murder of
the first degree before, on or after July 1, 1995, the Board shall not commute:
(a) A sentence of death; or
(b) A sentence of imprisonment in the state
prison for life without the possibility of parole,
Ê to a
sentence that would allow parole.
2. If a person is convicted of any crime
other than murder of the first degree on or after July 1, 1995, the Board shall
not commute:
(a) A sentence of death; or
(b) A sentence of imprisonment in the state
prison for life without the possibility of parole,
Ê to a
sentence that would allow parole.
(Added to NRS by 1995, 1258)
NRS 213.090 Pardon: Restoration of civil rights; relieved of disabilities;
limitations.
1. A person who is granted a full,
unconditional pardon by the Board is restored to all civil rights, including,
without limitation, the right to bear arms, and is relieved of all disabilities
incurred upon conviction.
2. A pardon granted by the Board shall be
deemed to be a full, unconditional pardon unless the official document issued
pursuant to subsection 3 explicitly limits the restoration of the civil rights
of the person or does not relieve the person of all disabilities incurred upon
conviction.
3. Upon being granted a pardon by the
Board, a person so pardoned must be given an official document which provides
that the person has been granted a pardon. If the person is restored to the
right to bear arms, the official document must explicitly state that the person
is restored to the right to bear arms. If the person has not been granted a
full, unconditional pardon, the official document must explicitly state all
limitations on the restoration of the civil rights of the person and all
disabilities incurred upon conviction from which the person is not relieved.
4. A person who has been granted a pardon
in this State or elsewhere and whose official documentation of his or her
pardon is lost, damaged or destroyed may file a written request with a court of
competent jurisdiction to restore his or her civil rights pursuant to this
section. Upon verification that the person has been granted a pardon and is
eligible to be restored to his or her civil rights, the court shall issue an
order restoring the person to his or her civil rights. A person must not be
required to pay a fee to receive such an order.
5. A person who has been granted a pardon
in this State or elsewhere may present:
(a) Official documentation of his or her pardon;
or
(b) A court order restoring his or her civil
rights,
Ê as proof
that the person has been restored to his or her civil rights.
[Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1973,
1845; 1977, 665;
2001, 1696;
2003, 2692;
2005, 2907;
2011, 24)
NRS 213.095 Notice by Board to victim if clemency granted. If the Board remits a fine or forfeiture,
commutes a sentence or grants a pardon, it shall give written notice of its
action to the victim of the person granted clemency, if the victim so requests
in writing and provides his or her current address. If a current address is not
provided, the Board may not be held responsible if the notice is not received
by the victim. All personal information, including, but not limited to, a
current or former address, which pertains to a victim and which is received by
the Board pursuant to this section is confidential.
(Added to NRS by 1983, 1330; A 1997, 3245)
NRS 213.100 Order of discharge when clemency granted. Whenever clemency is granted by the Board,
there shall be served upon the Director of the Department of Corrections or
other officer having the person in custody, an order to discharge the person
therefrom upon a day to be named in the order, upon the conditions, limitations
or restrictions named therein.
[Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1977, 870; 2001
Special Session, 199)
PAROLE
General Provisions
NRS 213.107 Definitions. As
used in NRS 213.107 to 213.157,
inclusive, unless the context otherwise requires:
1. “Board” means the State Board of Parole
Commissioners.
2. “Chief” means the Chief Parole and
Probation Officer.
3. “Division” means the Division of Parole
and Probation of the Department of Public Safety.
4. “Residential confinement” means the
confinement of a person convicted of a crime to his or her place of residence
under the terms and conditions established by the Board.
5. “Sex offender” means any person who has
been or is convicted of a sexual offense.
6. “Sexual offense” means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230 or 201.450, or paragraph (a) or (b) of
subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
(b) An attempt to commit any offense listed in
paragraph (a); or
(c) An act of murder in the first or second
degree, kidnapping in the first or second degree, false imprisonment, burglary
or invasion of the home if the act is determined to be sexually motivated at a
hearing conducted pursuant to NRS 175.547.
7. “Standards” means the objective
standards for granting or revoking parole or probation which are adopted by the
Board or the Chief.
(Added to NRS by 1957, 738; A 1969, 181, 596; 1973,
190, 803; 1975, 84; 1977, 285; 1979, 657; 1987, 946, 2233; 1989, 1885, 1895; 1991, 1411, 2045; 1993, 1552, 2885; 1995, 28, 416, 730, 731, 1425, 2290, 2294; 1997, 526, 1030, 1560, 1686, 1691, 1723, 2507, 2511, 2512, 2513, 2657, 3338, 3362; 1999, 23, 69; 2001, 2589, 2798; 2003, 180, 1391; 2011, 67; 2013, 228, 384, 1170)
NRS 213.10705 Legislative declaration concerning parole, probation and
residential confinement. The
Legislature finds and declares that the release or continuation of a person on
parole or probation is an act of grace of the State. No person has a right to
parole or probation, or to be placed in residential confinement, and it is not
intended that the establishment of standards relating thereto create any such right
or interest in liberty or property or establish a basis for any cause of action
against the State, its political subdivisions, agencies, boards, commissions,
departments, officers or employees.
(Added to NRS by 1989, 1885; A 1991, 316)—(Substituted
in revision for NRS 213.10989)
Division of Parole and Probation of the Department of
Public Safety
NRS 213.1071 Division: Creation; composition; Chief.
1. There is hereby created the Division of
Parole and Probation of the Department of Public Safety.
2. The Division consists of the Chief and
such sections as the Chief may create with the approval of the Director of the
Department of Public Safety.
3. The Chief of the Division is the Chief
Parole and Probation Officer.
(Added to NRS by 1969, 596; A 1977, 285; 1993, 1522; 2001, 2589)
NRS 213.1072 Chief: Duties. The
Chief shall:
1. Administer all activities and services
of the Division.
2. Be responsible for the management of
the Division.
(Added to NRS by 1969, 596; A 1977, 286; 1993, 1522)
NRS 213.1073 Chief: Powers. The
Chief may:
1. Organize the Division to provide
maximum efficiency in carrying out its duties.
2. Appoint the heads of sections as
established.
3. Appoint such assistants and other
employees as may be required to administer the duties imposed by law upon the
Board and the Division within the limits of appropriations.
4. Set standards of service.
(Added to NRS by 1969, 596; A 1977, 286; 1993, 1522)
NRS 213.1075 Information obtained by employees of Division or Board
privileged; nondisclosure. Except
as otherwise provided by specific statute, all information obtained in the
discharge of official duty by an employee of the Division or the Board is
privileged and may not be disclosed directly or indirectly to anyone other than
the Board, the judge, district attorney or others entitled to receive such
information, unless otherwise ordered by the Board or judge or necessary to
perform the duties of the Division.
(Added to NRS by 1959, 799; A 1975, 179; 1993, 1524; 1995, 2066; 1997, 837; 2005, 83)
NRS 213.1076 Fee to defray costs of supervision; regulations; waiver.
1. The Division shall:
(a) Except as otherwise provided in this section,
charge each parolee, probationer or person supervised by the Division through
residential confinement a fee to defray the cost of his or her supervision.
(b) Adopt by regulation a schedule of fees to
defray the costs of supervision of a parolee, probationer or person supervised
by the Division through residential confinement. The regulation must provide
for a monthly fee of at least $30.
2. The Chief may waive the fee to defray
the cost of supervision, in whole or in part, if the Chief determines that
payment of the fee would create an economic hardship on the parolee,
probationer or person supervised by the Division through residential
confinement.
3. Unless waived pursuant to subsection 2,
the payment by a parolee, probationer or person supervised by the Division
through residential confinement of a fee charged pursuant to subsection 1 is a
condition of his or her parole, probation or residential confinement.
(Added to NRS by 1983, 204; A 1987, 24; 1993, 1524; 1997, 1561, 3362; 1999, 669)
NRS 213.1077 Contracts and agreements with Federal Government. The Division may enter into such contracts and
agreements with the Federal Government or any of its agencies as may be
necessary, proper and convenient.
(Added to NRS by 1959, 799; A 1975, 41; 1977, 287; 1979, 612; 1993, 1523)—(Substituted
in revision for NRS 213.1091)
NRS 213.1078 Level of supervision of probationer or parolee; review; notice
to probationer or parolee of change in level.
1. Except as otherwise provided in
subsection 2, the Division shall set a level of supervision for each
probationer. At least once every 6 months, or more often if necessary, the
Division shall review the probationer’s level of supervision to determine
whether a change in the level of supervision is necessary. The Division shall
specify in each review the reasons for maintaining or changing the level of
supervision. If the Division changes the level of supervision, the Division
shall notify the probationer of the change.
2. The provisions of subsection 1 are not
applicable if:
(a) The level of supervision for the probationer
is set by the court or by law; or
(b) The probationer is ordered to participate in
a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
3. Except as otherwise provided in
subsection 4, at least once every 6 months, or more often if necessary, the
Division shall review a parolee’s level of supervision to determine whether a
change in the level of supervision is necessary. The Division shall specify in
each review the reasons for maintaining or changing the level of supervision.
If the Division changes the level of supervision, the Division shall notify the
parolee of the change.
4. The provisions of subsection 3 are not
applicable if the level of supervision for the parolee is set by the Board or
by law.
(Added to NRS by 1997, 1560)
State Board of Parole Commissioners
NRS 213.108 Creation; members; Chair; qualifications; decisions.
1. The State Board of Parole Commissioners
is hereby created within the Department of Public Safety.
2. The Board consists of seven members
appointed by the Governor.
3. A Chair of the Board must be appointed
by the Governor. The Chair is the Executive Officer of the Board and shall
administer its activities and services and is responsible for its management
except as otherwise provided in NRS 213.1085.
4. Each member of the Board must have at
least:
(a) A bachelor’s degree in criminal justice, law
enforcement, sociology, psychology, social work, law or the administration of
correctional or rehabilitative facilities and programs and not less than 3
years of experience working in one or several of these fields; or
(b) Four years of experience in one or several of
the fields specified in paragraph (a).
5. Except as otherwise provided in
subsection 6, when making an appointment to the Board, the Governor shall, to
the extent practicable:
(a) Appoint a person who has experience in the
field of:
(1) Prisons;
(2) Parole and probation;
(3) Law enforcement, including
investigation;
(4) Criminal law as the Attorney General,
a deputy attorney general, a district attorney or a deputy district attorney;
(5) Social work or therapy with emphasis
on family counseling, domestic violence and urban social problems; or
(6) The advocacy of victims’ rights; and
(b) Ensure that each of the fields listed in
paragraph (a) is represented by at least one member of the Board who has
experience in the field.
6. No more than two members of the Board
may represent one of the fields listed in paragraph (a) of subsection 5.
7. Except as otherwise provided in NRS 213.133, a decision on any issue before the Board,
concurred in by four or more members, is the decision of the Board.
(Added to NRS by 1957, 738; A 1959, 797; 1977, 286; 1979, 1116; 1987, 317; 1991, 1354; 1993, 1523; 1995, 2290; 1997, 3339; 2001, 2589)
NRS 213.1085 Executive Secretary: Appointment; unclassified service;
qualifications; duties.
1. The Board shall appoint an Executive
Secretary, who is in the unclassified service of the State.
2. The Executive Secretary must be
selected on the basis of his or her training, experience, capacity and interest
in correctional services.
3. The Board shall supervise the
activities of the Executive Secretary.
4. The Executive Secretary is the
Secretary of the Board and shall perform such duties in connection therewith as
the Board may require, including, but not limited to, preparing the agenda for
board meetings and answering correspondence from prisoners in the state prison.
5. The Executive Secretary shall prepare a
list at least 30 days before any scheduled action by the Board showing each
person then eligible for parole indicating:
(a) The name of the prisoner;
(b) The crime for which the prisoner was
convicted;
(c) The county in which the prisoner was
sentenced;
(d) The date of the sentence;
(e) The length of the sentence, including the
minimum term or the minimum aggregate term, as applicable, and the maximum term
or the maximum aggregate term, as applicable, of imprisonment or the definite
term of imprisonment, if one is imposed;
(f) The amount of time actually served in the
state prison;
(g) The amount of credit for time previously
served in a county jail; and
(h) The amount of credit allowed to reduce the
sentence of the prisoner pursuant to chapter 209
of NRS.
Ê The
Executive Secretary shall send copies to all law enforcement agencies in this
state and to other persons whom the Executive Secretary deems appropriate, at
least 30 days before any scheduled action by the Board. Each law enforcement
agency that receives the list shall make the list available for public
inspection during normal business hours.
(Added to NRS by 1973, 804; A 1979, 349; 1995, 1258, 2066; 1997, 521; 2013, 229)
NRS 213.1086 Method of payment of compensation, salaries and expenses of
Executive Secretary and employees. The
compensation, salaries and expenses of the Executive Secretary and employees of
the Board must be paid, upon certification by the Secretary of the Board, in
the same manner as those of other state officers and employees.
(Added to NRS by 1959, 798; A 1961, 656; 1963, 1330;
1965, 701; 1967, 1487; 1971, 1423; 1973, 804; 1977, 287; 1981, 1270; 1985, 396)—(Substituted
in revision for part of NRS 213.1094)
NRS 213.1087 Terms of members; vacancies; other employment prohibited;
administration of oaths; certification of affidavits and depositions.
1. The term of office of each member of
the Board is 4 years.
2. Appointments to the Board must be made
by the Governor within 60 days from the time any vacancy occurs.
3. Members of the Board are in the
unclassified service of the State. They shall devote their entire time and
attention to the business of the Board and shall not pursue any other business
or occupation or hold any other office of profit which detracts from the full
and timely performance of their duties.
4. Any member of the Board may administer
an oath or affirmation to any person offering to testify at a meeting to
consider a prisoner for parole or in a parole revocation hearing, and any
district judge, county clerk or notary public may take and certify an affidavit
or deposition to be used at a meeting to consider a prisoner for parole or in a
parole revocation hearing.
(Added to NRS by 1957, 738; A 1959, 797; 1973, 179;
1975, 295; 1977,
286; 1985,
396; 1995,
2291; 1997,
27; 1999,
131)
NRS 213.1088 Program of orientation for new members and case hearing
representatives; continuing education of members and case hearing
representatives.
1. The Department of Public Safety in
conjunction with the Department of Corrections shall establish a program of
orientation that:
(a) Each member of the Board shall attend upon
appointment to a first term; and
(b) Each person named by the Board to the list of
persons eligible to serve as a case hearing representative pursuant to NRS 213.135 shall attend upon being named to the list.
A person named to the list may not serve as a case hearing representative until
the person completes the program of orientation.
2. The program of orientation must include
a minimum of 40 hours of training. The information presented during the program
of orientation must include, but is not limited to:
(a) A historical perspective of parole, including
the objectives of and reasons for using parole within the criminal justice
system;
(b) The role and function of the Board within the
criminal justice system;
(c) The responsibilities of members of the Board
and case hearing representatives;
(d) The goals and objectives of the Board;
(e) The programs administered by the Board;
(f) The policies and procedures of the Board; and
(g) The laws and regulations governing parole,
including the standards for granting, denying, revoking and continuing parole.
3. The Chair of the Board shall develop a
written plan for the continuing education of members of the Board and case
hearing representatives. The plan must require that:
(a) Each member of the Board shall attend not
less than 16 hours of courses for continuing education during each year of the
member’s term.
(b) Each case hearing representative shall attend
not less than 16 hours of courses for continuing education during each year
that the representative is on the list of persons eligible to serve as a case
hearing representative.
4. A member of the Board or a case hearing
representative may meet the requirement for continuing education by
successfully completing courses in any combination of the following subjects:
(a) The role and function of the Board within the
criminal justice system;
(b) Changes in the law, including judicial
decisions affecting parole;
(c) Developing skills in communicating, making
decisions and solving problems;
(d) The interpretation and use of research, data
and reports;
(e) Correctional policies and programs, including
programs for the treatment of prisoners and parolees;
(f) Alternative punishments for disobedience;
(g) The selection of prisoners for parole;
(h) The supervision of parolees;
(i) The designation of and programs for repeating
or professional offenders;
(j) Problems related to gangs;
(k) The abuse of alcohol and drugs;
(l) The acquired immune deficiency syndrome;
(m) Domestic violence; and
(n) Mental illness and intellectual disabilities.
5. The Board shall, within the limits of
legislative appropriations, pay the expenses of members of the Board and case
hearing representatives attending courses for continuing education.
(Added to NRS by 1995, 2289; A 1997, 3340; 2001, 2590; 2001
Special Session, 199; 2013, 691)
NRS 213.10885 Board to adopt standards for granting or revocation of parole;
sample form regarding probability of success on parole to be made available to
public; review of effectiveness of standards; report to Legislature.
1. The Board shall adopt by regulation
specific standards for each type of convicted person to assist the Board in
determining whether to grant or revoke parole. The regulations must include
standards for determining whether to grant or revoke the parole of a convicted
person:
(a) Who committed a capital offense.
(b) Who was sentenced to serve a term of
imprisonment for life.
(c) Who was convicted of a sexual offense
involving the use or threat of use of force or violence.
(d) Who was convicted as a habitual criminal.
(e) Who is a repeat offender.
(f) Who was convicted of any other type of
offense.
Ê The
standards must be based upon objective criteria for determining the person’s
probability of success on parole.
2. In establishing the standards, the
Board shall consider the information on decisions regarding parole that is
compiled and maintained pursuant to NRS 213.10887
and all other factors which are relevant in determining the probability that a
convicted person will live and remain at liberty without violating the law if
parole is granted or continued. The other factors the Board considers must
include, but are not limited to:
(a) The severity of the crime committed;
(b) The criminal history of the person;
(c) Any disciplinary action taken against the
person while incarcerated;
(d) Any previous parole violations or failures;
(e) Any potential threat to society or to the
convicted person; and
(f) The length of his or her incarceration.
3. In determining whether to grant parole
to a convicted person, the Board shall not consider whether the person has
appealed the judgment of imprisonment for which the person is being considered
for parole.
4. The standards adopted by the Board must
provide for a greater punishment for a convicted person who has a history of
repetitive criminal conduct or who commits a serious crime, with a violent
crime considered the most serious, than for a convicted person who does not
have a history of repetitive crimes and did not commit a serious crime.
5. The Board shall make available to the
public a sample of the form the Board uses in determining the probability that
a convicted person will live and remain at liberty without violating the law if
parole is granted or continued.
6. On or before January 1 of each
even-numbered year, the Board shall review comprehensively the standards
adopted by the Board. The review must include a determination of whether the
standards are effective in predicting the probability that a convicted person
will live and remain at liberty without violating the law if parole is granted
or continued. If a standard is found to be ineffective, the Board shall not use
that standard in its decisions regarding parole and shall adopt revised
standards as soon as practicable after the review.
7. The Board shall report to each regular
session of the Legislature:
(a) The number and percentage of the Board’s
decisions that conflicted with the standards;
(b) The results and conclusions from the Board’s
review pursuant to subsection 6; and
(c) Any changes in the Board’s standards,
policies, procedures, programs or forms that have been or will be made as a
result of the review.
(Added to NRS by 1989, 1884; A 1995, 2291; 1997, 3341; 2007, 3181)
NRS 213.10887 Board to compile, maintain, organize and tabulate information
concerning decisions regarding parole.
1. The Board shall compile and maintain
detailed information concerning all decisions regarding parole. The information
must include, but is not limited to:
(a) The Board’s reasons for each decision to
grant, deny, revoke or continue parole.
(b) The number of decisions made by the Board
granting parole, denying parole, revoking parole and continuing parole.
2. The Board shall organize and tabulate
the information compiled pursuant to this section at regular intervals, which
must not exceed 3 months.
(Added to NRS by 1997, 3338)
NRS 213.1089 Subpoenas.
1. For the purposes of NRS 213.107 to 213.157,
inclusive:
(a) The Chair of the Board; and
(b) The inquiring officer conducting an inquiry
pursuant to NRS 213.1511,
Ê may issue
subpoenas to compel the attendance of witnesses and the production of books and
papers.
2. If any witness refuses to attend or
testify or produce any books and papers as required by the subpoena, the Chair
of the Board or inquiring officer may report to the district court by petition,
setting forth that:
(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Chair
of the Board or inquiring officer pursuant to this section; and
(c) The witness has failed or refused to attend
or produce the books and papers required by the subpoena before the Board or at
the inquiry which is named in the subpoena, or has refused to answer questions
propounded to the witness,
Ê and asking
for an order of the court compelling the witness to attend and testify or
produce the books and papers.
3. Upon such petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days from the date of the order, and then and there show cause why the witness
has not attended or testified or produced the books or papers. A certified copy
of the order must be served upon the witness.
4. If it appears to the court that the
subpoena was regularly issued, the court shall enter an order that the witness
appear before the Board or at the inquiry at the time and place fixed in the
order and testify or produce the required books or papers, and upon failure to
obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 1979, 169; A 1995, 28)
NRS 213.10915 Automated victim notification of eligibility of prisoner for
residential confinement and consideration for parole; requirements; exceptions.
1. The Board, in consultation with the
Division, may enter into an agreement with the manager of an automated victim
notification system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 through the system if the system is
capable of:
(a) Automatically notifying by telephone or
electronic means a victim registered with the system of the information
described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 with the timeliness required by NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131; and
(b) Notifying victims registered with the system,
using language provided by the Board, if the Board decides that it will
discontinue the use of the system to notify victims of the information
described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131. The notice must:
(1) Be provided to each victim registered
with the system not less than 90 days before the date on which the Board will
discontinue use of the system; and
(2) Advise each victim to submit a written
request for notification pursuant to subsection 4 of NRS
213.131 if the victim wishes to receive notice of the information described
in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131.
2. The Division is not required to notify
the victim of an offender of the information described in NRS 209.392 and 209.3925 and the Board is not required to
notify the victim of a prisoner of the information described in subsections 4
and 7 of NRS 213.131 if:
(a) The Board has entered into an agreement
pursuant to subsection 1; and
(b) Before discontinuing the notification of
victims pursuant to NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131, the Board, not less than two times and
not less than 60 days apart, has notified each victim who has requested
notification pursuant to subsection 4 of NRS 213.131
and who has provided his or her current address or whose current address is
otherwise known by the Board of the change in the manner in which a victim is
notified of the information described in NRS
209.392 and 209.3925 and
subsections 4 and 7 of NRS 213.131. The notice
must:
(1) Advise the victim that the Division
will no longer notify the victim of the information described in NRS 209.392 and 209.3925, that the Board will no longer
notify the victim of the information described in subsections 4 and 7 of NRS 213.131, and that the victim may register with the
automated victim notification system if he or she wishes to be notified of the
information described in NRS 209.392
and 209.3925 and subsections 4 and 7
of NRS 213.131; and
(2) Include instructions for registering
with the automated victim notification system to receive notice of the
information described in NRS 209.392
and 209.3925 and subsections 4 and 7
of NRS 213.131.
3. For the purposes of this section,
“victim” has the meaning ascribed to it in NRS 213.005.
(Added to NRS by 2013, 383)
Parole and Probation Officers
NRS 213.1092 Chief: Appointment; qualifications.
1. The Director of the Department of
Public Safety shall appoint the Chief Parole and Probation Officer, who is in
the unclassified service of the State.
2. The Chief Parole and Probation Officer
must:
(a) Be selected on the basis of his or her
training, experience, capacity and interest in correctional services.
(b) Have had at least 5 years’ experience in
correctional programs, of which at least 3 years were in a responsible
administrative position.
(Added to NRS by 1959, 797; A 1969, 597; 1977, 287; 1993, 1523; 2001, 2591; 2005, 548)
NRS 213.1094 Chief: Other employment prohibited. The
Chief Parole and Probation Officer shall devote his or her entire time and
attention to the business of his or her office and shall not pursue any other
business or occupation or hold any other office of profit.
(Added to NRS by 1959, 798; A 1961, 656; 1963, 1330;
1965, 701; 1967, 1487; 1971, 1423; 1973, 804; 1977, 287; 1981, 1270; 1985, 396; 1995, 2310)—(Part
substituted in revision by NRS 213.1086)
NRS 213.1095 Chief: Powers and duties. The
Chief Parole and Probation Officer:
1. Is responsible for and shall supervise
the fiscal affairs and responsibilities of the Division.
2. May establish, consolidate and abolish
sections within the Division.
3. May establish, consolidate and abolish
districts within the State to which assistant parole and probation officers are
assigned.
4. Shall appoint the necessary supervisory
personnel and other assistants and employees as may be necessary for the
efficient discharge of the responsibilities of the Division.
5. Is responsible for such reports of
investigation and supervision and other reports as may be requested by the
Board or courts.
6. Shall direct the work of all assistants
and employees assigned to him or her.
7. Shall formulate methods of
investigation, supervision, recordkeeping and reporting.
8. Shall develop policies of parole and
probation after considering other acceptable and recognized correctional
programs and conduct training courses for the staff.
9. Shall furnish to each person released
under his or her supervision a written statement of the conditions of parole or
probation, instruct any parolee or probationer regarding those conditions, and
advise the Board or the court of any violation of the conditions of parole and
probation.
10. At the close of each biennium, shall
submit to the Governor and the Board a report, with statistical and other data,
of his or her work.
(Added to NRS by 1959, 798; A 1969, 597; 1973, 1565; 1977, 120, 288; 1983, 322; 1985, 396; 1993, 1523)
NRS 213.1096 Powers and duties of assistant parole and probation officers. Assistant parole and probation officers shall:
1. Investigate all cases referred to them
for investigation by the Board or by the Chief Parole and Probation Officer, or
by any court in which they are authorized to serve.
2. Supervise all persons released on
probation by any such court or released to them for supervision by the Board or
by the Chief Parole and Probation Officer.
3. Furnish to each person released under
their supervision a written statement of the conditions of parole or probation
and instruct the person regarding those conditions.
4. Keep informed concerning the conduct
and condition of all persons under their supervision and use all suitable
methods to aid and encourage them and to bring about improvement in their
conduct and conditions.
5. Keep detailed records of their work.
6. Collect and disburse all money in
accordance with the orders of the Chief Parole and Probation Officer or the
court.
7. Keep accurate and complete accounts of
all money received and disbursed in accordance with such orders and give
receipts therefor.
8. Make such reports in writing as the
court or the Chief Parole and Probation Officer may require.
9. Coordinate their work with that of
other social agencies.
10. File identifying information regarding
their cases with any social service index or exchange operating in the area to
which they are assigned.
(Added to NRS by 1959, 799; A 1977, 288)
NRS 213.10983 Seizure, custody, use and sale of property other than dangerous
instrument or weapon.
1. A parole or probation officer shall
immediately deliver to the Division any seized, abandoned or unclaimed
property, other than an instrument or weapon described in NRS 202.350, which the parole or probation
officer obtains in the pursuance of his or her duty, unless the parole or
probation officer is required to retain the property as evidence pursuant to a
court order or directive of the Attorney General or a district attorney.
Property retained as evidence must be placed in a secured locker for evidence
at a law enforcement agency in this state and when released from evidence must
be immediately delivered to the Division.
2. The Division shall keep the property
for return to the owner and, unless it is contraband, return it to the owner if
the owner submits a claim to the Division and establishes his or her ownership
within 1 year after the Division comes into possession of it. Contraband
includes any property which, if possessed by a parolee or probationer, would
constitute a violation of the terms of his or her parole or probation or any
federal or state law. Contraband becomes the property of the Division.
3. Any contraband consisting of controlled
substances or dangerous drugs must be disposed of or destroyed as provided by
law.
4. If the Division is not able to
determine the owner of the property within the 1-year period, the Division
acquires title to it and the Chief Parole and Probation Officer shall:
(a) Sell the property at a public auction at the
same times and places that confiscated instruments and weapons are sold; or
(b) Retain the property for the official use of
the Division.
5. The Division shall keep accurate
records of all property governed by this section.
(Added to NRS by 1981, 370; A 1993, 1524)
NRS 213.10985 Seizure, custody, use and sale of dangerous instrument or
weapon.
1. A parole or probation officer shall
immediately deliver to the Division any seized, abandoned or unclaimed
instrument or weapon described in NRS
202.350 which the parole or probation officer obtains in the pursuance of
his or her duty, unless the parole or probation officer is required to retain
it as evidence pursuant to a court order or directive of the Attorney General
or a district attorney. Property retained as evidence must be placed in a
secured locker for evidence at a law enforcement agency in this state and when
released from evidence must be immediately delivered to the Division.
2. The Division shall:
(a) Destroy or direct to be destroyed the
instrument or weapon if it is determined to be dangerous to the safety of the
public.
(b) Return an instrument or weapon which has not
been destroyed pursuant to paragraph (a), upon demand, to any person other than
a parolee or probationer:
(1) From whom it was confiscated if that
person is acquitted of the public offense or crime of which that person was
charged; or
(2) Who otherwise claims and establishes
ownership of it. Any such instrument or weapon which is not destroyed, returned
or claimed within 1 year after the Division comes into possession of it becomes
the property of the Division.
3. The Chief Parole and Probation Officer
shall at least once a year order the officers who have custody of such
instruments and weapons that have become the property of the Division to:
(a) Retain the instrument or weapon for official
use by the Division.
(b) Deliver the instruments and weapons to
another custodial officer of the Division to be sold.
(c) Sell any such instrument or weapon to another
law enforcement agency at a price not less than its prevailing market value.
(d) Sell all unretained and unsold instruments
and weapons at a public auction to be held at least once in each year, after
notice of such public auction describing the instrument or weapons to be sold
is published once a week for 2 weeks immediately preceding the date of the
auction in a newspaper of general circulation in the county or city of the
sale.
4. All proceeds of the sales provided for
in subsection 3 must be deposited with the State Treasurer for credit to the
State General Fund.
5. Any officer receiving an order as
provided in subsection 3 shall comply with such order as soon as practicable.
6. The Division shall keep accurate
records of all instruments and weapons governed by this section.
(Added to NRS by 1981, 371; A 1993, 1525)
NRS 213.10988 Chief to adopt standards for recommendations regarding parole or
probation.
1. The Chief Parole and Probation Officer
shall adopt by regulation standards to assist him or her in formulating a
recommendation regarding the granting of probation or the revocation of parole
or probation to a convicted person who is otherwise eligible for or on
probation or parole. The standards must be based upon objective criteria for
determining the person’s probability of success on parole or probation.
2. In establishing standards, the Chief
Parole and Probation Officer shall first consider all factors which are
relevant in determining the probability that a convicted person will live and
remain at liberty without violating the law if parole is continued or probation
is granted or continued.
3. The Chief Parole and Probation Officer
shall adjust the standards to provide a recommendation of greater punishment
for a convicted person who has a history of repetitive criminal conduct or who
commits a serious crime, with a violent crime considered the most serious, than
for a convicted person who does not have a history of repetitive crimes and did
not commit a serious crime.
4. When adopting regulations pursuant to
this section, the Chief Parole and Probation Officer shall follow the procedure
set forth in chapter 233B of NRS for the
adoption of regulations.
5. The Chief Parole and Probation Officer
shall report to each regular session of the Legislature:
(a) The number and percentage of recommendations
made regarding parole and probation which conflicted with the standards; and
(b) Any recommendations regarding the standards.
(Added to NRS by 1989, 1885)
Release of Prisoner on Parole
NRS 213.1099 Limitations on Board’s power to release prisoners on parole.
1. Except as otherwise provided in this
section and NRS 213.1215, the Board may release on
parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157,
inclusive.
2. In determining whether to release a
prisoner on parole, the Board shall consider:
(a) Whether there is a reasonable probability
that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the
welfare of society;
(c) The seriousness of the offense and the
history of criminal conduct of the prisoner;
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the
Chief; and
(e) Any documents or testimony submitted by a
victim notified pursuant to NRS 213.131 or 213.10915.
3. When a person is convicted of a felony
and is punished by a sentence of imprisonment, the person remains subject to
the jurisdiction of the Board from the time the person is released on parole
under the provisions of this chapter until the expiration of the maximum term
or the maximum aggregate term of imprisonment imposed by the court, as
applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the Board may not release on parole a
prisoner whose sentence to death or to life without possibility of parole has
been commuted to a lesser penalty unless the Board finds that the prisoner has
served at least 20 consecutive years in the state prison, is not under an order
to be detained to answer for a crime or violation of parole or probation in
another jurisdiction, and does not have a history of:
(a) Recent misconduct in the institution, and has
been recommended for parole by the Director of the Department of Corrections;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of
alcohol or drugs;
(d) Repetitive sexual deviance, violence or
aggression; or
(e) Failure in parole, probation, work release or
similar programs.
5. In determining whether to release a
prisoner on parole pursuant to this section, the Board shall not consider
whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The Board shall not release on parole
an offender convicted of an offense listed in NRS 179D.097 until the Central
Repository for Nevada Records of Criminal History has been provided an
opportunity to give the notice required pursuant to NRS 179D.475.
(Added to NRS by 1967, 526; A 1973, 844; 1975, 85; 1977, 414; 1981, 871; 1987, 509, 946; 1989, 1886; 1993, 2777; 1995, 28, 417, 1259, 1331, 2067, 2070; 1997, 589, 590, 591, 1686, 2508; 2001
Special Session, 200; 2007, 2775; 2011, 67; 2013, 229, 248, 384)
NRS 213.110 Regulations regarding parole; suspension of parole to permit
induction into military service.
1. Subject to the provisions of NRS 213.120, the Board shall establish rules and
regulations under which any prisoner who is now or hereafter may be imprisoned
in the state prison, or in another jurisdiction as provided in NRS 176.045, may be allowed to go upon
parole outside of the buildings or enclosures, but to remain, while on parole,
in the legal custody and under the control of the Board and subject at any time
to be taken within the enclosure of the state prison.
2. The Board, for good cause and in order
to permit induction into the military service of the United States, may suspend
paroles during the period of the parolee’s active service after induction into
the military service.
[11:149:1933; A 1943, 55; 1943 NCL § 11579]—(NRS A
1957, 739; 1965, 434; 1967, 526; 1969, 598; 1971, 601; 1973, 181; 1995, 2292)
NRS 213.115 Release of certain prisoners on parole at request of authorities
of other jurisdictions for prosecution. Notwithstanding
the provisions of any other law, any prisoner may be released conditionally on
parole at the request of the appropriate authority of another jurisdiction for
prosecution for any crime of a magnitude equal to or greater than that for
which the prisoner was imprisoned, as determined by the severity of the
sentences for the two crimes. If after such conditional parole and prosecution
by another jurisdiction the prisoner is found not guilty of the crime as
charged, the prisoner must, pursuant to the Board’s written order, be returned
to the actual custody of the Department of Corrections and shall serve such
part of the unexpired term of his or her original sentence as may be determined
by the Board.
(Added to NRS by 1965, 435; A 1983, 726; 2001
Special Session, 201)
NRS 213.120 When prisoner becomes eligible for parole.
1. Except as otherwise provided in NRS 213.1213 and as limited by statute for certain
specified offenses, a prisoner who was sentenced to prison for a crime
committed before July 1, 1995, may be paroled when the prisoner has served
one-third of the definite period of time for which the prisoner has been
sentenced pursuant to NRS 176.033, less
any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
2. Except as otherwise provided in NRS 213.1213 and as limited by statute for certain
specified offenses, a prisoner who was sentenced to prison for a crime
committed on or after July 1, 1995, may be paroled when the prisoner has served
the minimum term or minimum aggregate term of imprisonment imposed by the
court. Except as otherwise provided in NRS
209.4465, any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS while the prisoner serves the
minimum term or minimum aggregate term of imprisonment may reduce only the
maximum term or the maximum aggregate term of imprisonment imposed, as
applicable, and must not reduce the minimum term or the minimum aggregate term
of imprisonment, as applicable.
[Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1957,
317; 1965, 434; 1967, 527; 1979, 1031; 1991, 1105; 1993, 137; 1995, 1259; 2007, 3182; 2013, 230)
NRS 213.1212 Eligibility for parole of prisoner whose sentences have been
aggregated; written request to aggregate sentences.
1. Notwithstanding any other provision of
law, if a prisoner is sentenced pursuant to NRS
176.035 to serve two or more consecutive sentences, the terms of which have
been aggregated:
(a) The prisoner shall be deemed to be eligible
for parole from all such sentences after serving the minimum aggregate term of
imprisonment; and
(b) The Board is not required to consider the
prisoner for parole until the prisoner has served the minimum aggregate term of
imprisonment.
2. For purposes of determining parole
eligibility, a prisoner whose sentences have been aggregated may earn credit
pursuant to NRS 209.433 to 209.449, inclusive, which must be deducted
from the minimum aggregate term of imprisonment or the maximum aggregate term
of imprisonment, as applicable. Such credits may be earned only to the extent
that the credits would otherwise be earned had the sentences not been
aggregated.
3. Except as otherwise provided in
subsection 3 of NRS 176.035, a prisoner
who is serving consecutive sentences which have not been aggregated may, by submitting
a written request to the Director of the Department of Corrections, make an
irrevocable election to have the sentences aggregated. If the prisoner makes
such an irrevocable election to have the sentences aggregated and:
(a) The prisoner has not been considered for
parole on any of the sentences, the Department of Corrections shall aggregate
the sentences in the manner set forth in NRS
176.035 and the Board is not required to consider the prisoner for parole
until the prisoner has served the minimum aggregate term of imprisonment.
(b) The prisoner has been considered for parole
on one or more of the sentences, the Department of Corrections shall aggregate
only the sentences for which parole has not been considered. The Board is not
required to consider the prisoner for parole on the aggregated sentences until
the prisoner has served the minimum aggregate term of imprisonment.
(Added to NRS by 2013, 228)
NRS 213.1213 Eligibility for parole of prisoner sentenced to serve two or
more concurrent sentences; eligibility for parole of prisoner sentenced to
serve two or more consecutive sentences of life imprisonment with the
possibility of parole.
1. If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more
concurrent sentences, whether or not the sentences are identical in length or
other characteristics, eligibility for parole from any of the concurrent
sentences must be based on the sentence which requires the longest period
before the prisoner is eligible for parole.
2. Notwithstanding any other provision of
law, if a prisoner is sentenced pursuant to NRS
176.035 to serve two or more consecutive sentences of life imprisonment
with the possibility of parole:
(a) For offenses committed on or after July 1,
2009, but before July 1, 2014:
(1) All minimum sentences for such
offenses must be aggregated;
(2) The prisoner shall be deemed to be
eligible for parole from all such sentences after serving the minimum aggregate
sentence; and
(3) The Board is not required to consider
the prisoner for parole until the prisoner has served the minimum aggregate
sentence.
(b) For offenses committed before July 1, 2009,
in cases in which the prisoner has not previously been considered for parole
for any such offenses:
(1) The prisoner may, by submitting a
written request to the Director of the Department of Corrections before July 1,
2014, make an irrevocable election to have the minimum sentences for such
offenses aggregated; and
(2) If the prisoner makes such an
irrevocable election to have the minimum sentences for such offenses
aggregated, the Board is not required to consider the prisoner for parole until
the prisoner has served the minimum aggregate sentence.
(Added to NRS by 1993, 137; A 2009, 1546;
2013, 230)
NRS 213.1214 Evaluation of certain prisoners by Department of Corrections
before parole hearing; Director of Department to establish procedure for
assessment of prisoners; immunity; regulations.
1. The Department of Corrections shall
assess each prisoner who has been convicted of a sexual offense to determine
the prisoner’s risk to reoffend in a sexual manner using a currently accepted
standard of assessment. The completed assessment must return a risk level of
low, moderate or high. The Director shall ensure a completed assessment is
provided to the Board before, but not sooner than 120 days before, a scheduled
parole hearing.
2. The Director shall:
(a) Ensure that any employee of the Department
who completes an assessment pursuant to subsection 1 is properly trained to
assess the risk of an offender to reoffend in a sexual manner.
(b) Establish a procedure to:
(1) Ensure the accuracy of each completed
assessment provided to the Board; and
(2) Correct any error occurring in a
completed assessment provided to the Board.
3. This section does not create a right in
any prisoner to be assessed or reassessed more frequently than the prisoner’s
regularly scheduled parole hearings or under a current or previous standard of
assessment and does not restrict the Department from conducting additional
assessments of a prisoner if such assessments may assist the Board in
determining whether parole should be granted or continued. No cause of action
may be brought against the State, its political subdivisions, or the agencies,
boards, commissions, departments, officers or employees of the State or its
political subdivisions for assessing, not assessing or considering or relying
on an assessment of a prisoner, if such decisions or actions are made or
conducted in compliance with the procedures set forth in this section.
4. The Board shall consider an assessment
prepared pursuant to this section before determining whether to grant or revoke
the parole of a person convicted of a sexual offense.
5. The Board may adopt by regulation the
manner in which the Board will consider an assessment prepared pursuant to this
section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.
6. As used in this section:
(a) “Director” means the Director of the
Department of Corrections.
(b) “Reoffend in a sexual manner” means to commit
a sexual offense.
(c) “Sex offender” means a person who, after July
1, 1956, is or has been:
(1) Convicted of a sexual offense; or
(2) Adjudicated delinquent or found guilty
by a court having jurisdiction over juveniles of a sexual offense listed in
subparagraph (18) of paragraph (d).
Ê The term
includes, but is not limited to, a sexually violent predator or a nonresident
sex offender who is a student or worker within this State.
(d) “Sexual offense” means any of the following
offenses:
(1) Murder of the first degree committed
in the perpetration or attempted perpetration of sexual assault or of sexual
abuse or sexual molestation of a child less than 14 years of age pursuant to
paragraph (b) of subsection 1 of NRS
200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to
NRS 200.368.
(4) Battery with intent to commit sexual
assault pursuant to NRS 200.400.
(5) An offense involving the
administration of a drug to another person with the intent to enable or assist
the commission of a felony pursuant to NRS
200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration
of a controlled substance to another person with the intent to enable or assist
the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is
an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual
abuse or sexual exploitation.
(8) An offense involving pornography and a
minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210.
(11) Indecent or obscene exposure pursuant
to NRS 201.220.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human
body pursuant to NRS 201.450.
(14) Luring a child or a person with
mental illness pursuant to NRS 201.560,
if punished as a felony.
(15) An attempt or conspiracy to commit an
offense listed in subparagraphs (1) to (14), inclusive.
(16) An offense that is determined to be
sexually motivated pursuant to NRS 175.547
or 207.193.
(17) An offense committed in another
jurisdiction that, if committed in this State, would be an offense listed in
this paragraph. This subparagraph includes, but is not limited to, an offense
prosecuted in:
(I) A tribal court.
(II) A court of the United States or
the Armed Forces of the United States.
(18) An offense of a sexual nature
committed in another jurisdiction, whether or not the offense would be an
offense listed in this paragraph, if the person who committed the offense
resides or has resided or is or has been a student or worker in any
jurisdiction in which the person is or has been required by the laws of that
jurisdiction to register as a sex offender because of the offense. This
subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or
the Armed Forces of the United States.
(III) A court having jurisdiction
over juveniles.
Ê The term
does not include an offense involving consensual sexual conduct if the victim
was an adult, unless the adult was under the custodial authority of the
offender at the time of the offense, or if the victim was at least 13 years of
age and the offender was not more than 4 years older than the victim at the
time of the commission of the offense.
(Added to NRS by 1997, 2506; A 1999, 108; 2001, 1640, 2799; 2001
Special Session, 201; 2003, 289, 306, 1392; 2005, 2878; 2011, 2132;
2013, 249,
1170)
NRS 213.1215 Mandatory release of certain prisoners.
1. Except as otherwise provided in this
section and in cases where a consecutive sentence is still to be served, if a
prisoner sentenced to imprisonment for a term of 3 years or more:
(a) Has not been released on parole previously
for that sentence; and
(b) Is not otherwise ineligible for parole,
Ê the prisoner
must be released on parole 12 months before the end of his or her maximum term
or maximum aggregate term, as applicable, as reduced by any credits the
prisoner has earned to reduce his or her sentence pursuant to chapter 209 of NRS.
2. Except as otherwise provided in this
section, a prisoner who was sentenced to life imprisonment with the possibility
of parole and who was less than 16 years of age at the time that the prisoner
committed the offense for which the prisoner was imprisoned must, if the
prisoner still has a consecutive sentence to be served, be granted parole from
his or her current term of imprisonment to his or her subsequent term of
imprisonment or must, if the prisoner does not still have a consecutive
sentence to be served, be released on parole, if:
(a) The prisoner has served the minimum term or
the minimum aggregate term of imprisonment imposed by the court, as applicable;
(b) The prisoner has completed a program of
general education or an industrial or vocational training program;
(c) The prisoner has not been identified as a
member of a group that poses a security threat pursuant to the procedures for
identifying security threats established by the Department of Corrections; and
(d) The prisoner has not, within the immediately
preceding 24 months:
(1) Committed a major violation of the
regulations of the Department of Corrections; or
(2) Been housed in disciplinary
segregation.
3. If a prisoner who meets the criteria
set forth in subsection 2 is determined to be a high risk to reoffend in a
sexual manner pursuant to NRS 213.1214, the Board
is not required to release the prisoner on parole pursuant to this section. If
the prisoner is not granted parole, a rehearing date must be scheduled pursuant
to NRS 213.142.
4. The Board shall prescribe any
conditions necessary for the orderly conduct of the parolee upon his or her
release.
5. Each parolee so released must be
supervised closely by the Division, in accordance with the plan for supervision
developed by the Chief pursuant to NRS 213.122.
6. If the Board finds that there is a
reasonable probability that a prisoner considered for release on parole
pursuant to subsection 1 will be a danger to public safety while on parole, the
Board may require the prisoner to serve the balance of his or her sentence and
not grant the parole. If, pursuant to this subsection, the Board does not grant
the parole provided for in subsection 1, the Board shall provide to the
prisoner a written statement of its reasons for denying parole.
7. If the Board finds that there is a
reasonable probability that a prisoner considered for release on parole
pursuant to subsection 2 will be a danger to public safety while on parole, the
Board is not required to grant the parole and shall schedule a rehearing
pursuant to NRS 213.142. Except as otherwise
provided in subsection 3 of NRS 213.1519, if a
prisoner is not granted parole pursuant to this subsection, the criteria set
forth in subsection 2 must be applied at each subsequent hearing until the
prisoner is granted parole or expires his or her sentence. If, pursuant to this
subsection, the Board does not grant the parole provided for in subsection 2,
the Board shall provide to the prisoner a written statement of its reasons for
denying parole, along with specific recommendations of the Board, if any, to
improve the possibility of granting parole the next time the prisoner may be
considered for parole.
8. If the prisoner is the subject of a
lawful request from another law enforcement agency that the prisoner be held or
detained for release to that agency, the prisoner must not be released on
parole, but released to that agency.
9. If the Division has not completed its
establishment of a program for the prisoner’s activities during his or her
parole pursuant to this section, the prisoner must be released on parole as
soon as practicable after the prisoner’s program is established.
10. For the purposes of this section, the
determination of the 12-month period before the end of a prisoner’s term must
be calculated without consideration of any credits the prisoner may have earned
to reduce his or her sentence had the prisoner not been paroled.
(Added to NRS by 1987, 945; A 1991, 702; 1993, 1526; 1995, 1260; 2007, 3183; 2009, 1547;
2013, 231)
NRS 213.1216 Release of prisoner whose conduct during commission of crime
satisfies requirements for enhancement for certain crimes against older
persons.
1. Except as otherwise provided in
subsection 2, the Board shall not release on parole a prisoner whose conduct
during the commission of the crime for which the prisoner was imprisoned
satisfies the requirements for imposing an additional term of imprisonment
pursuant to paragraph (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the prisoner has paid
to the victim of the offense at least 80 percent of the amount of restitution
set by a court pursuant to NRS 176.033.
2. The Board shall not refuse to release a
prisoner on parole as provided in subsection 1 unless the Board determines that
the prisoner has willfully failed to make restitution to the victim of the
crime and the prisoner has the ability to make restitution.
(Added to NRS by 1997, 1030; A 1999, 43)
NRS 213.12175 Board may impose any reasonable conditions on parolee to protect
health, safety and welfare of community. The
Board may, as a condition of releasing a prisoner on parole, impose any
reasonable conditions on the parolee to protect the health, safety and welfare
of the community, including, without limitation:
1. Requiring the parolee to remain in this
state or a certain county within this state;
2. Prohibiting the parolee from contacting
or attempting to contact a specific person or from causing or attempting to
cause another person to contact that person on the parolee’s behalf;
3. Prohibiting the parolee from entering a
certain geographic area; and
4. Prohibiting the parolee from engaging
in specific conduct that may be harmful to his or her own health, safety or
welfare, or the health, safety or welfare of another person.
(Added to NRS by 1997, 3361)
NRS 213.1218 Person to submit signed document before being released on
parole; Division to contact person released on parole within 5 days unless
waived by Chief.
1. Before a person may be released on
parole, the person must submit to the Division a signed document stating that:
(a) The person will comply with the conditions of
his or her parole; and
(b) If the person fails to comply with the
conditions of his or her parole and is taken into custody outside of this
state, the person waives all rights relating to extradition proceedings.
2. The Division shall contact each parolee
in person or by telephone within 5 days after the parolee’s release from
prison. The Chief may waive this requirement if the Chief determines that such
contact is not necessary.
(Added to NRS by 1995, 27; A 1997, 1561)
NRS 213.12185 Chief to notify Department of Motor Vehicles when prisoner who
has had license, permit or privilege to drive revoked is placed on parole or
residential confinement. The Chief
shall notify the Department of Motor Vehicles when a prisoner who has had his
or her license, permit or privilege to drive revoked pursuant to NRS 483.460 is placed on parole. The
notification process must conform to the guidelines provided in regulation by
the Department of Motor Vehicles pursuant to NRS
483.460.
(Added to NRS by 2007, 2051; A 2009, 1861)
NRS 213.122 Chief to develop statewide plan for strict supervision of
parolees. The Chief shall develop
a statewide plan for the strict supervision of parolees released pursuant to NRS 213.1215. In addition to such other provisions as
the Chief deems appropriate, the plan must provide for the supervision of such
parolees by assistant parole and probation officers whose caseload allows for
enhanced supervision of the parolees under their charge unless, because of the
remoteness of the community to which the parolee is released, enhanced
supervision is impractical.
(Added to NRS by 1987, 946; A 1993, 1526)
NRS 213.123 Imposition of tests to determine use of controlled substance as
condition of parole.
1. Upon the granting of parole to a prisoner,
the Board may, when the circumstances warrant, require as a condition of parole
that the parolee submit to periodic tests to determine whether the parolee is
using any controlled substance. Any such use, except the use of marijuana in
accordance with the provisions of chapter 453A
of NRS or any failure or refusal to submit to a test is a ground for revocation
of parole.
2. Any expense incurred as a result of any
test is a charge against the Division.
(Added to NRS by 1969, 181; A 1971, 2026; 1973, 178; 1977, 263; 1983, 245; 1993, 1527; 2001, 3072)
NRS 213.1235 Program of aftercare following assignment to therapeutic
community as condition of parole. If
a prisoner is granted parole and a determination has been made pursuant to NRS 209.4238 that the prisoner must
continue in a program of aftercare, the Board shall, in addition to any other
condition of parole, require as a condition of parole that the parolee
participate in the program of aftercare to which the parolee has been assigned pursuant
to NRS 209.4238.
(Added to NRS by 1997, 2657)
NRS 213.124 Imposition of program of intensive supervision as condition of
parole; Chief to develop program; program to include electronic supervision of
parolee.
1. Upon the granting of parole to a
prisoner, the Board may require the parolee to submit to a program of intensive
supervision as a condition of his or her parole.
2. The Chief shall develop a program for
the intensive supervision of parolees required to submit to such a program
pursuant to subsection 1. The program must include an initial period of
electronic supervision of the parolee with an electronic device approved by the
Division. The device must be minimally intrusive and limited in capability to
recording or transmitting information concerning the parolee’s presence at his
or her residence, including, but not limited to, the transmission of still
visual images which do not concern the parolee’s activities while inside his or
her residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the parolee’s
activities while inside his or her residence,
Ê must not be
used.
(Added to NRS by 1991, 2044; A 1993, 1527)
NRS 213.1243 Release of sex offender: Program of lifetime supervision;
required conditions of lifetime supervision; penalties for violation of
conditions; exception to conditions.
1. The Board shall establish by regulation
a program of lifetime supervision of sex offenders to commence after any period
of probation or any term of imprisonment and any period of release on parole.
The program must provide for the lifetime supervision of sex offenders by
parole and probation officers.
2. Lifetime supervision shall be deemed a
form of parole for:
(a) The limited purposes of the applicability of
the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096
and subsection 2 of NRS 213.110; and
(b) The purposes of the Interstate Compact for
Adult Offender Supervision ratified, enacted and entered into by the State of
Nevada pursuant to NRS 213.215.
3. Except as otherwise provided in
subsection 9, the Board shall require as a condition of lifetime supervision
that the sex offender reside at a location only if:
(a) The residence has been approved by the parole
and probation officer assigned to the person.
(b) If the residence is a facility that houses
more than three persons who have been released from prison, the facility is a
facility for transitional living for released offenders that is licensed
pursuant to chapter 449 of NRS.
(c) The person keeps the parole and probation
officer informed of his or her current address.
4. Except as otherwise provided in
subsection 9, the Board shall require as a condition of lifetime supervision
that the sex offender, unless approved by the parole and probation officer
assigned to the sex offender and by a psychiatrist, psychologist or counselor
treating the sex offender, if any, not knowingly be within 500 feet of any
place, or if the place is a structure, within 500 feet of the actual structure,
that is designed primarily for use by or for children, including, without
limitation, a public or private school, a school bus stop, a center or facility
that provides day care services, a video arcade, an amusement park, a
playground, a park, an athletic field or a facility for youth sports, or a
motion picture theater. The provisions of this subsection apply only to a sex
offender who is a Tier 3 offender.
5. Except as otherwise provided in
subsection 9, if a sex offender is convicted of a sexual offense listed in
subsection 6 of NRS 213.1255 against a child under
the age of 14 years, the sex offender is a Tier 3 offender and the sex offender
is sentenced to lifetime supervision, the Board shall require as a condition of
lifetime supervision that the sex offender:
(a) Reside at a location only if the residence is
not located within 1,000 feet of any place, or if the place is a structure,
within 1,000 feet of the actual structure, that is designed primarily for use
by or for children, including, without limitation, a public or private school,
a school bus stop, a center or facility that provides day care services, a
video arcade, an amusement park, a playground, a park, an athletic field or a
facility for youth sports, or a motion picture theater.
(b) As deemed appropriate by the Chief, be placed
under a system of active electronic monitoring that is capable of identifying
his or her location and producing, upon request, reports or records of his or
her presence near or within a crime scene or prohibited area or his or her
departure from a specified geographic location.
(c) Pay any costs associated with his or her
participation under the system of active electronic monitoring, to the extent
of his or her ability to pay.
6. A sex offender placed under the system
of active electronic monitoring pursuant to subsection 4 shall:
(a) Follow the instructions provided by the
Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of
the electronic monitoring device to the Division within 2 hours after the
occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by
the Division with regard to his or her participation under the system of active
electronic monitoring.
7. Except as otherwise provided in this
subsection, a person who intentionally removes or disables or attempts to
remove or disable an electronic monitoring device placed on a sex offender
pursuant to this section is guilty of a gross misdemeanor. The provisions of
this subsection do not prohibit a person authorized by the Division from
performing maintenance or repairs to an electronic monitoring device.
8. Except as otherwise provided in
subsection 7, a sex offender who commits a violation of a condition imposed on
him or her pursuant to the program of lifetime supervision is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $5,000.
9. The Board is not required to impose a
condition pursuant to the program of lifetime supervision listed in subsections
3, 4 and 5 if the Board finds that extraordinary circumstances are present and
the Board states those extraordinary circumstances in writing.
10. The Board shall require as a condition
of lifetime supervision that the sex offender not have contact or communicate
with a victim of the sexual offense or a witness who testified against the sex
offender or solicit another person to engage in such contact or communication
on behalf of the sex offender, unless approved by the Chief or his or her
designee and a written agreement is entered into and signed.
11. If a court issues a warrant for arrest
for a violation of this section, the court shall cause to be transmitted, in
the manner prescribed by the Central Repository for Nevada Records of Criminal
History, notice of the issuance of the warrant for arrest in a manner which
ensures that such notice is received by the Central Repository within 3
business days.
12. For the purposes of prosecution of a
violation by a sex offender of a condition imposed upon him or her pursuant to
the program of lifetime supervision, the violation shall be deemed to have
occurred in, and may only be prosecuted in, the county in which the court that
imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of
whether the acts or conduct constituting the violation took place, in whole or
in part, within or outside that county or within or outside this State.
(Added to NRS by 1995, 415; A 1997, 512, 1189; 2005, 2879; 2007, 1918, 3256; 2009, 1299)
NRS 213.1245 Prisoner convicted of sexual offense: Mandatory conditions of
parole.
1. Except as otherwise provided in
subsection 3, if the Board releases on parole a prisoner convicted of an
offense listed in NRS 179D.097, the
Board shall, in addition to any other condition of parole, require as a
condition of parole that the parolee:
(a) Reside at a location only if:
(1) The residence has been approved by the
parole and probation officer assigned to the parolee.
(2) If the residence is a facility that
houses more than three persons who have been released from prison, the facility
is a facility for transitional living for released offenders that is licensed
pursuant to chapter 449 of NRS.
(3) The parolee keeps the parole and
probation officer informed of his or her current address.
(b) Accept a position of employment or a position
as a volunteer only if it has been approved by the parole and probation officer
assigned to the parolee and keep the parole and probation officer informed of
the location of his or her position of employment or position as a volunteer.
(c) Abide by any curfew imposed by the parole and
probation officer assigned to the parolee.
(d) Participate in and complete a program of
professional counseling approved by the Division.
(e) Submit to periodic tests, as requested by the
parole and probation officer assigned to the parolee, to determine whether the
parolee is using a controlled substance.
(f) Submit to periodic polygraph examinations, as
requested by the parole and probation officer assigned to the parolee.
(g) Abstain from consuming, possessing or having
under his or her control any alcohol.
(h) Not have contact or communicate with a victim
of the offense or a witness who testified against the parolee or solicit
another person to engage in such contact or communication on behalf of the
parolee, unless approved by the Chief or his or her designee and a written
agreement is entered into and signed in the manner set forth in subsection 2.
(i) Not use aliases or fictitious names.
(j) Not obtain a post office box unless the
parolee receives permission from the parole and probation officer assigned to
the parolee.
(k) Not have contact with a person less than 18
years of age in a secluded environment unless another adult who has never been
convicted of an offense listed in NRS
179D.097 is present and permission has been obtained from the parole and
probation officer assigned to the parolee in advance of each such contact.
(l) Unless approved by the parole and probation
officer assigned to the parolee and by a psychiatrist, psychologist or
counselor treating the parolee, if any, not knowingly be within 500 feet of any
place, or if the place is a structure, within 500 feet of the actual structure,
that is designed primarily for use by or for children, including, without
limitation, a public or private school, a school bus stop, a center or facility
that provides day care services, a video arcade, an amusement park, a
playground, a park, an athletic field or a facility for youth sports, or a
motion picture theater. The provisions of this paragraph apply only to a
parolee who is a Tier 3 offender.
(m) Comply with any protocol concerning the use
of prescription medication prescribed by a treating physician, including,
without limitation, any protocol concerning the use of psychotropic medication.
(n) Not possess any sexually explicit material
that is deemed inappropriate by the parole and probation officer assigned to
the parolee.
(o) Not patronize a business which offers a
sexually related form of entertainment and which is deemed inappropriate by the
parole and probation officer assigned to the parolee.
(p) Not possess any electronic device capable of
accessing the Internet and not access the Internet through any such device or
any other means, unless possession of such a device or such access is approved
by the parole and probation officer assigned to the parolee.
(q) Inform the parole and probation officer
assigned to the parolee if the parolee expects to be or becomes enrolled as a
student at an institution of higher education or changes the date of
commencement or termination of his or her enrollment at an institution of
higher education. As used in this paragraph, “institution of higher education”
has the meaning ascribed to it in NRS
179D.045.
2. A written agreement entered into
pursuant to paragraph (h) of subsection 1 must state that the contact or
communication is in the best interest of the victim or witness, and specify the
type of contact or communication authorized. The written agreement must be
signed and agreed to by:
(a) The victim or the witness;
(b) The parolee;
(c) The parole and probation officer assigned to
the parolee;
(d) The psychiatrist, psychologist or counselor
treating the parolee, victim or witness, if any;
(e) If the victim or witness is a child under 18
years of age, each parent, guardian or custodian of the child; and
(f) The Chief or his or her designee.
3. The Board is not required to impose a
condition of parole listed in subsection 1 if the Board finds that
extraordinary circumstances are present and the Board states those
extraordinary circumstances in writing.
(Added to NRS by 1997, 1685; A 2001, 2068; 2003, 578; 2007, 1919, 2775, 3258; 2009, 1301)
NRS 213.1255 Prisoner who is Tier 3 offender convicted of sexual offense
against child under 14: Additional conditions of parole required.
1. Except as otherwise provided in
subsection 4, in addition to any conditions of parole required to be imposed
pursuant to NRS 213.1245, as a condition of
releasing on parole a prisoner who was convicted of committing an offense
listed in subsection 6 against a child under the age of 14 years and who is a
Tier 3 offender, the Board shall require that the parolee:
(a) Reside at a location only if the residence is
not located within 1,000 feet of any place, or if the place is a structure,
within 1,000 feet of the actual structure, that is designed primarily for use
by or for children, including, without limitation, a public or private school,
a school bus stop, a center or facility that provides day care services, a
video arcade, an amusement park, a playground, a park, an athletic field or a
facility for youth sports, or a motion picture theater.
(b) As deemed appropriate by the Chief, be placed
under a system of active electronic monitoring that is capable of identifying
his or her location and producing, upon request, reports or records of his or
her presence near or within a crime scene or prohibited area or his or her
departure from a specified geographic location.
(c) Pay any costs associated with his or her
participation under the system of active electronic monitoring, to the extent
of his or her ability to pay.
2. A parolee placed under the system of
active electronic monitoring pursuant to subsection 1 shall:
(a) Follow the instructions provided by the
Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of
the electronic monitoring device to the Division within 2 hours after the
occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by
the Division with regard to his or her participation under the system of active
electronic monitoring.
3. Except as otherwise provided in this
subsection, a person who intentionally removes or disables or attempts to
remove or disable an electronic monitoring device placed on a parolee pursuant
to this section is guilty of a gross misdemeanor. The provisions of this
subsection do not prohibit a person authorized by the Division from performing
maintenance or repairs to an electronic monitoring device.
4. The Board is not required to impose a
condition of parole listed in subsection 1 if the Board finds that
extraordinary circumstances are present and the Board states those
extraordinary circumstances in writing.
5. In addition to any conditions of parole
required to be imposed pursuant to subsection 1 and NRS
213.1245, as a condition of releasing on parole a prisoner who was
convicted of committing an offense listed in subsection 6 against a child under
the age of 14 years, the Board shall, when appropriate:
(a) Require the parolee to participate in
psychological counseling.
(b) Prohibit the parolee from being alone with a
child unless another adult who has never been convicted of a sexual offense is
present.
6. The provisions of subsections 1 and 5
apply to a prisoner who was convicted of:
(a) Sexual assault pursuant to paragraph (c) of
subsection 3 of NRS 200.366;
(b) Abuse or neglect of a child pursuant to
subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of
paragraph (a) of subsection 2 of NRS
200.508;
(c) An offense punishable pursuant to subsection
2 of NRS 200.750;
(d) Lewdness with a child pursuant to NRS 201.230;
(e) Luring a child or a person with mental
illness pursuant to NRS 201.560, if
punished as a felony; or
(f) Any combination of the crimes listed in this
subsection.
(Added to NRS by 1997, 1722; A 1999, 470; 2001, 1142, 2800; 2003, 22, 1393; 2007, 3260; 2013, 1173)
NRS 213.1258 Conditions relating to computers and use of Internet and other
electronic means of communication; powers and duties of Board; exceptions.
1. Except as otherwise provided in
subsection 2, if the Board releases on parole a prisoner convicted of stalking
with the use of an Internet or network site, electronic mail, text messaging or
any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving
pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive, or
luring a child or a person with mental illness through the use of a computer,
system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560, the Board shall, in addition
to any other condition of parole, require as a condition of parole that the
parolee not own or use a computer, including, without limitation, use
electronic mail, a chat room or the Internet.
2. The Board is not required to impose a
condition of parole set forth in subsection 1 if the Board finds that:
(a) The use of a computer by the parolee will
assist a law enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide
technological training concerning technology of which the defendant has a
unique knowledge; or
(c) The use of the computer by the parolee will
assist companies that require the use of the specific technological knowledge
of the parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in
subsection 1, if the Board releases on parole a prisoner convicted of an
offense that involved the use of a computer, system or network, the Board may,
in addition to any other condition of parole, require as a condition of parole
that the parolee not own or use a computer, including, without limitation, use
electronic mail, a chat room or the Internet.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Network” has the meaning ascribed to it in NRS 205.4745.
(c) “System” has the meaning ascribed to it in NRS 205.476.
(d) “Text messaging” has the meaning ascribed to
it in NRS 200.575.
(Added to NRS by 2001, 2798; A 2003, 1393; 2009, 3011)
NRS 213.126 Requirement of restitution as condition of parole; Restitution
Trust Fund.
1. Unless complete restitution was made
while the parolee was incarcerated, the Board shall impose as a condition of
parole, in appropriate circumstances, a requirement that the parolee make
restitution to the person or persons named in the statement of parole
conditions, including restitution to a governmental entity for expenses related
to extradition, at the times specified in the statement unless the Board finds
that restitution is impracticable. The amount of restitution must be the amount
set by the court pursuant to NRS 176.033.
In appropriate circumstances, the Board shall include as a condition of parole
that the parolee execute an assignment of wages earned by the parolee while on
parole to the Division for restitution.
2. All money received by the Division for
restitution must be deposited with the State Treasurer for credit to the
Restitution Trust Fund which is hereby created.
3. The Division shall make pro rata
payments from the money received from the parolee to each person to whom the
restitution was ordered pursuant to NRS 176.033.
Such a payment must be made not less than once each fiscal year. Any money
received from the parolee that is remaining at the end of each fiscal year must
be paid at that time in pro rata payments to each person to whom the
restitution was ordered. A final pro rata payment must be made to such persons
when the parolee pays the entire restitution owed.
4. A person to whom restitution was
ordered pursuant to NRS 176.033 may at
any time file an application with the Division requesting the Division to make
a pro rata payment from the money received from the parolee. If the Division
finds that the applicant is suffering a serious financial hardship and is in
need of financial assistance, the Division shall pay to the applicant his or
her pro rata share of the money received from the parolee.
5. All payments from the Fund must be paid
as other claims against the State are paid.
6. If restitution is not required, the
Board shall set forth the circumstances upon which it finds restitution
impracticable in its statement of parole conditions.
7. Failure to comply with a restitution
requirement imposed by the Board is a violation of a condition of parole unless
the parolee’s failure was caused by economic hardship resulting in his or her
inability to pay the amount due. The parolee is entitled to a hearing to show
the existence of that hardship.
8. If, within 3 years after the parolee is
discharged from parole, the Division has not located the person to whom the
restitution was ordered, the money paid to the Division by the parolee must be
deposited with the State Treasurer for credit to the Fund for the Compensation
of Victims of Crime.
(Added to NRS by 1975, 84; A 1979, 100; 1981, 1341; 1989, 679; 1991, 377; 1993, 936, 1527; 1995, 409, 551; 2013, 193)
NRS 213.1263 Board may prohibit association with members of criminal gang as
condition of parole.
1. The Board may, as a condition of
releasing a prisoner on parole, prohibit the prisoner from associating with the
members of a criminal gang.
2. As used in this section, “criminal
gang” means any combination of persons, organized formally or informally, so
constructed that the organization will continue its operation even if
individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs
indicative of it; and
(c) Has as one of its common activities engaging
in criminal activity punishable as a felony.
(Added to NRS by 1995, 1425)
NRS 213.128 Person with communications disability entitled to services of
interpreter at hearing of case. A
prisoner, parolee or a witness at the hearing of a case who is a person with a
communications disability as defined in NRS
50.050 is entitled to the services of an interpreter at public expense in
accordance with the provisions of NRS
50.050 to 50.053, inclusive. The
interpreter must be appointed by the Chair of the Board or other person who
presides at the hearing.
(Added to NRS by 1979, 657; A 2001, 1777; 2007, 170)
NRS 213.131 Consideration for parole: Duties of Department of Corrections;
use of photographs related to offense during meeting of the State Board of
Parole Commissioners; conduct of meeting; notice of meeting to victim;
prisoner’s rights; notice to prisoner of decision of Board.
1. The Department of Corrections shall:
(a) Determine when a prisoner sentenced to
imprisonment in the state prison is eligible to be considered for parole;
(b) Notify the Board of the eligibility of the
prisoner to be considered for parole; and
(c) Before a meeting to consider the prisoner for
parole, compile and provide to the Board data that will assist the Board in
determining whether parole should be granted.
2. If a prisoner is being considered for
parole from a sentence imposed for conviction of a crime which involved the use
of force or violence against a victim and which resulted in bodily harm to a
victim and if original or duplicate photographs that depict the injuries of the
victim or the scene of the crime were admitted at the trial of the prisoner or
were part of the report of the presentence investigation and are reasonably
available, a representative sample of such photographs must be included with
the information submitted to the Board at the meeting. A prisoner may not bring
a cause of action against the State of Nevada, its political subdivisions,
agencies, boards, commissions, departments, officers or employees for any
action that is taken pursuant to this subsection or for failing to take any
action pursuant to this subsection, including, without limitation, failing to
include photographs or including only certain photographs. As used in this
subsection, “photograph” includes any video, digital or other photographic
image.
3. Meetings to consider prisoners for
parole may be held semiannually or more often, on such dates as may be fixed by
the Board. All meetings are quasi-judicial and must be open to the public. No
rights other than those conferred pursuant to this section or pursuant to
specific statute concerning meetings to consider prisoners for parole are
available to any person with respect to such meetings.
4. Except as otherwise provided in NRS 213.10915, not later than 5 days after the date
on which the Board fixes the date of the meeting to consider a prisoner for
parole, the Board shall notify the victim of the prisoner who is being
considered for parole of the date of the meeting and of the victim’s rights
pursuant to this subsection, if the victim has requested notification in
writing and has provided his or her current address or if the victim’s current
address is otherwise known by the Board. The victim of a prisoner being
considered for parole may submit documents to the Board and may testify at the
meeting held to consider the prisoner for parole. A prisoner must not be
considered for parole until the Board has notified any victim of his or her
rights pursuant to this subsection and the victim is given the opportunity to
exercise those rights. If a current address is not provided to or otherwise
known by the Board, the Board must not be held responsible if such notification
is not received by the victim.
5. The Board may deliberate in private
after a public meeting held to consider a prisoner for parole.
6. The Board of State Prison Commissioners
shall provide suitable and convenient rooms or space for use of the State Board
of Parole Commissioners.
7. Except as otherwise provided in NRS 213.10915, if a victim is notified of a meeting
to consider a prisoner for parole pursuant to subsection 4, the Board shall,
upon making a final decision concerning the parole of the prisoner, notify the
victim of its final decision.
8. All personal information, including,
but not limited to, a current or former address, which pertains to a victim and
which is received by the Board pursuant to this section is confidential.
9. The Board may grant parole without a
meeting, pursuant to NRS 213.133, but the Board
must not deny parole to a prisoner unless the prisoner has been given
reasonable notice of the meeting and the opportunity to be present at the
meeting. If the Board fails to provide notice of the meeting to the prisoner or
to provide the prisoner with an opportunity to be present and determines that
it may deny parole, the Board may reschedule the meeting.
10. During a meeting to consider a
prisoner for parole, the Board shall allow the prisoner:
(a) At his or her own expense, to have a
representative present with whom the prisoner may confer; and
(b) To speak on his or her own behalf or to have
his or her representative speak on his or her behalf.
11. Upon making a final decision
concerning the parole of the prisoner, the Board shall provide written notice
to the prisoner of its decision not later than 10 working days after the
meeting and, if parole is denied, specific recommendations of the Board to
improve the possibility of granting parole the next time the prisoner is
considered for parole, if any.
12. For the purposes of this section,
“victim” has the meaning ascribed to it in NRS 213.005.
(Added to NRS by 2011, 65; A 2013, 385)
NRS 213.133 Delegation of Board’s authority to hear and act upon parole of
prisoner and issues before Board; recommendations for prisoner’s release on
parole without meeting of Board under certain circumstances.
1. Except as otherwise provided in
subsections 6, 7 and 8, the Board may delegate its authority to hear, consider
and act upon the parole of a prisoner and on any issue before the Board to a
panel consisting of:
(a) Two or more members of the Board, two of whom
constitute a quorum; or
(b) One member of the Board who is assisted by a
case hearing representative.
2. No action taken by any panel created
pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a
majority vote of those sitting on the panel.
3. The decision of a panel is subject to
final approval by the affirmative action of a majority of the members appointed
to the Board. Such action may be taken at a meeting of the Board or without a
meeting by the delivery of written approval to the Executive Secretary of the
Board.
4. The degree of complexity of issues
presented must be taken into account before the Board makes any delegation of
its authority and before it determines the extent of a delegation.
5. The Board shall adopt regulations which
establish the basic types of delegable cases and the size of the panel required
for each type of case.
6. A hearing concerning the parole of a
prisoner or any decision on an issue involving a person:
(a) Who committed a capital offense;
(b) Who is serving a sentence of imprisonment for
life;
(c) Who has been convicted of a sexual offense
involving the use or threat of use of force or violence;
(d) Who is a habitual criminal; or
(e) Whose sentence has been commuted by the State
Board of Pardons Commissioners,
Ê must be
conducted by at least three members of the Board, and action may be taken only
with the concurrence of at least four members.
7. If a recommendation made by a panel
deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division,
the Chair must concur in the recommendation.
8. A member of the Board or a person who
has been designated as a case hearing representative in accordance with NRS 213.135 may recommend to the Board that a prisoner
be released on parole without a meeting if:
(a) The prisoner is not serving a sentence for a
crime described in subsection 6;
(b) The parole standards created pursuant to NRS 213.10885 suggest that parole should be granted;
(c) There are no current requests for
notification of hearings made in accordance with subsection 4 of NRS 213.131 or, if the Board is not required to
provide notification of hearings pursuant to NRS
213.10915, the Board has not been notified by the automated victim
notification system that a victim of the prisoner has registered with the
system to receive notification of hearings; and
(d) Notice to law enforcement of the eligibility
for parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and no person objected to granting
parole without a meeting during the 30-day notice period.
9. A recommendation made in accordance
with subsection 8 is subject to final approval by the affirmative action of a
majority of the members appointed to the Board. The final approval by
affirmative action must not take place until the expiration of the 30-day
notice period to law enforcement of the eligibility for parole of the prisoner
in accordance with subsection 5 of NRS 213.1085.
Such action may be taken at a meeting of the Board or without a meeting of the
Board by delivery of written approval to the Executive Secretary of the Board
by a majority of the members.
(Added to NRS by 1965, 1142; A 1981, 75; 1995, 2292; 1999, 133; 2009, 525; 2011, 68; 2013, 387)
NRS 213.135 Case hearing representatives: Board may maintain list of
eligible persons; qualifications; designation.
1. The Board may establish and maintain a
list of persons eligible to serve as case hearing representatives in the manner
provided by NRS 213.133.
2. Each member on the list of persons
eligible to serve as a case hearing representative must have at least:
(a) A bachelor’s degree in criminal justice, law
enforcement, sociology, psychology, social work, law or the administration of
correctional or rehabilitative facilities and programs and not less than 3
years of experience in one or several of those fields; or
(b) Six years of experience in one or several of
the fields specified in paragraph (a).
3. The Chair of the Board may, as the
necessities of the caseload demand, designate a person from the list to serve
as a case hearing representative in the manner provided by NRS 213.133.
(Added to NRS by 1965, 1142; A 1995, 2293)
NRS 213.140 Board to consider parole of eligible prisoner; release may be
authorized whether or not prisoner accepts parole; duties of Division when
parole is authorized; adoption of regulations.
1. When a prisoner becomes eligible for
parole pursuant to this chapter or the regulations adopted pursuant to this
chapter, the Board shall consider and may authorize the release of the prisoner
on parole as provided in this chapter. The Board may authorize the release of a
prisoner on parole whether or not parole is accepted by the prisoner.
2. If the release of a prisoner on parole
is authorized by the Board, the Division shall:
(a) Review and, if appropriate, approve each
prisoner’s proposed plan for placement upon release; or
(b) If the prisoner’s plan is not approved by the
Division, assist the prisoner to develop a plan for his or her placement upon
release,
Ê before the
prisoner is released on parole. The prisoner’s proposed plan must identify the
county in which the prisoner will reside if the prisoner will be paroled in
Nevada.
3. The Board may adopt any regulations
necessary or convenient to carry out this section.
[11.5:149:1933; added 1949, 151; 1943 NCL §
11579.01]—(NRS A 1991,
665; 1993,
242; 1995,
512, 2068;
1999, 133)
NRS 213.142 Rehearing to be scheduled if parole denied.
1. Upon denying the parole of a prisoner,
the Board shall schedule a rehearing. The date on which the rehearing is to be
held is within the discretion of the Board, but, except as otherwise provided in
subsection 2, the elapsed time between hearings must not exceed 3 years.
2. If the prisoner who is being considered
for parole has more than 10 years remaining on the term of his or her sentence,
not including any credits which may be allowed against his or her sentence,
when the Board denies his or her parole, the elapsed time between hearings must
not exceed 5 years.
(Added to NRS by 1973, 190; A 1995, 1360; 1999, 134)
Parole Violators
NRS 213.150 Board’s authority to adopt regulations covering conduct of
parolees; Board’s authority to retake parolees. The
Board may:
1. Make and enforce regulations covering
the conduct of paroled prisoners.
2. Retake or cause to be retaken and
imprisoned any prisoner so upon parole, subject to the procedures prescribed in
NRS 213.151 to 213.1519,
inclusive.
[Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1967,
1257; 1969, 599; 1973, 65, 354; 1975, 195)
NRS 213.151 Arrest of alleged violator of parole: Powers and duties of peace
officers.
1. The Board’s written order, certified to
by the Chief Parole and Probation Officer, is sufficient warrant for any parole
and probation officer or other peace officer to arrest any conditionally
released or paroled prisoner.
2. Every sheriff, constable, chief of
police, prison officer or other peace officer shall execute any such order in
like manner as ordinary criminal process.
3. Any parole and probation officer or any
peace officer with power to arrest may arrest a parolee without a warrant if
there is probable cause to believe that the parolee has committed acts that
would constitute a violation of his or her parole.
4. Except as otherwise provided in
subsection 5, after arresting a paroled prisoner for violation of a condition
of his or her parole and placing the parolee in detention or, pursuant to NRS 213.15105, in residential confinement, the
arresting officer shall:
(a) Present to the detaining authorities, if any,
a statement of the charges against the parolee; and
(b) Notify the Board of the arrest and detention
or residential confinement of the parolee and submit a written report showing
in what manner the parolee violated a condition of his or her parole.
5. A parole and probation officer or a
peace officer may immediately release from custody without any further
proceedings any person he or she arrests without a warrant for violating a
condition of parole if the parole and probation officer or peace officer
determines that there is no probable cause to believe that the person violated
the condition of parole.
(Added to NRS by 1975, 196; A 1979, 324; 1991, 312)
NRS 213.15103 Incarceration and custody of parolee who violates condition of
parole; duty of Division.
1. If a parolee is incarcerated in a
county jail for a violation of a condition of his or her parole or because his
or her residential confinement is terminated pursuant to NRS 213.15198, the sheriff of that county shall
notify the Chief. If there are no other criminal charges pending or warrants
outstanding for the parolee, the Division shall take custody of the parolee
within:
(a) Five working days after the inquiry held
pursuant to NRS 213.1511 is conducted.
(b) Five working days after receiving notice from
the sheriff if the parolee was paroled by another state and is under
supervision in this State pursuant to NRS 213.215.
2. If the Division fails to take custody
of a parolee within the time required by subsection 1, the Division shall
reimburse the county in which the jail is situated, at a daily rate to be
determined by the board of county commissioners for that county, for the cost
of housing the parolee each day the parolee is incarcerated in the jail. If the
Division does not certify in writing within:
(a) Five working days after the inquiry held
pursuant to NRS 213.1511 is conducted; or
(b) Five working days after receiving notice from
the sheriff if the parolee was paroled by another state and is under
supervision in this State pursuant to NRS 213.215,
Ê that
continued incarceration of the parolee is necessary, the sheriff may, if there
are no other criminal charges pending or warrants outstanding for the parolee,
release the parolee from custody.
3. The provisions of this section do not apply
if the Division has entered into an agreement with a county that provides
otherwise.
(Added to NRS by 1993, 2884; A 1995, 730, 2554; 2001, 2369)
NRS 213.15105 Placement of alleged parole violator in residential confinement
pending inquiry. The Chief Parole
and Probation Officer may, in accordance with the provisions of NRS 213.15193, 213.15195
and 213.15198, order any parolee who is arrested
pursuant to NRS 213.151 to be placed in residential
confinement in lieu of detention in a county jail pending an inquiry to
determine whether there is probable cause to believe that the parolee has
committed any act which would constitute a violation of his or her parole.
(Added to NRS by 1991, 311)
NRS 213.1511 Inquiry to determine probable cause to believe violation
occurred: Inquiring officer; place and time of inquiry; oaths.
1. Before a parolee who has been arrested
and is in custody for a violation of his or her parole may be returned to the
custody of the Department of Corrections for that violation, an inquiry must be
conducted to determine whether there is probable cause to believe that the
parolee has committed acts that would constitute such a violation.
2. The inquiry must be conducted before an
inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of the violation; and
(c) Has not recommended revocation of the parole,
Ê but the
inquiring officer need not be a judicial officer.
3. Except in a case where the parolee is a
fugitive, the inquiry must be held at or reasonably near the place of the
alleged violation or the arrest and within 15 working days after the arrest.
4. Any conviction for violating a federal
or state law or a local ordinance, except a minor traffic offense, which is
committed while the prisoner is on parole constitutes probable cause for the
purposes of subsection 1 and the inquiry required therein need not be held.
5. For the purposes of this section, the
inquiring officer may administer oaths.
(Added to NRS by 1975, 196; A 1979, 169; 1983, 269, 726; 1993, 2885; 2001
Special Session, 203)
NRS 213.1513 Inquiry to determine probable cause to believe violation
occurred: Notice to parolee; rights of parolee.
1. The Board or detaining authority shall
give the arrested parolee advance notice of:
(a) The place and time of the inquiry.
(b) The purpose of the inquiry.
(c) What violations of the conditions of his or
her parole have been alleged.
2. The inquiring officer shall allow the
parolee to:
(a) Appear and speak on his or her own behalf.
(b) Obtain counsel.
(c) Present any relevant letters or other
documents and any person who can give relevant information.
(d) Confront and question any person who appears
against the parolee unless, in the opinion of the inquiring officer, the
informant would be subjected to a risk of harm by the disclosure of his or her
identity.
(Added to NRS by 1975, 196; A 1983, 269)
NRS 213.1515 Inquiry to determine probable cause to believe violation
occurred: Findings and determinations of inquiring officer; continued detention
of parolee.
1. Upon completion of the inquiry, the
inquiring officer shall:
(a) Make a written summary of what occurred at
the inquiry, noting the substance of the evidence given in support of parole
revocation and the parolee’s position and responses.
(b) Determine whether there is probable cause to
hold the parolee for a Board hearing on parole revocation.
2. If the inquiring officer determines
that there is probable cause, his or her determination is sufficient to warrant
the parolee’s continued detention and return to prison pending the Board’s
hearing.
(Added to NRS by 1975, 197; A 1983, 727)
NRS 213.1517 Actions by Chief and Board after determination of existence of
probable cause to continue detention of paroled prisoner.
1. Where the inquiring officer has
determined that there is probable cause for a hearing by the Board, the Chief
may, after consideration of the case and pending the next meeting of the Board:
(a) Release the arrested parolee again upon
parole;
(b) Order the parolee to be placed in residential
confinement in accordance with the provisions of NRS
213.15193, 213.15195 and 213.15198; or
(c) Suspend his or her parole and return the
parolee to confinement.
2. The Chief shall take whichever action
under subsection 1 the Chief deems appropriate within:
(a) Fifteen days if the prisoner was paroled by
the Board.
(b) Thirty days if the prisoner was paroled by
the authority of another state and is under supervision in this state pursuant
to NRS 213.215. This paragraph does not apply to a
parolee who is retaken by an officer of the sending state.
3. Except as otherwise provided in
subsection 4, if a determination has been made that probable cause exists for
the continued detention of a paroled prisoner, the Board shall consider the
prisoner’s case within 60 days after his or her return to the custody of the
Department of Corrections or his or her placement in residential confinement
pursuant to subsection 1.
4. If probable cause for continued
detention of a paroled prisoner is based on conduct which is the subject of a
new criminal charge, the Board may consider the prisoner’s case under the
provisions of subsection 3 or defer consideration until not more than 60 days
after his or her return to the custody of the Department of Corrections
following the final adjudication of the new criminal charge.
(Added to NRS by 1975, 197; A 1981, 480; 1983, 270; 1991, 313; 1993, 50; 1995, 640; 2001, 2370; 2001
Special Session, 204; 2003, 427)
NRS 213.1518 Effect of violation of condition of parole, forfeiture and
restoration of credits for good behavior.
1. If a parolee violates a condition of
his or her parole, the parolee forfeits all or part of the credits for good
behavior earned by the parolee pursuant to chapter
209 of NRS after his or her release on parole, in the discretion of the
Board.
2. A forfeiture may be made only by the
Board after proof of the violation and notice to the parolee.
3. The Board may restore credits forfeited
for such reasons as it considers proper.
4. The Chief shall report to the Director
of the Department of Corrections any forfeiture or restoration of credits
pursuant to this section.
(Added to NRS by 1991, 1411; A 2001
Special Session, 204; 2003, 408; 2007, 69)
NRS 213.15185 When paroled prisoner deemed escaped prisoner; loss of credits
for good behavior; service of unexpired term of imprisonment.
1. A prisoner who is paroled and leaves
the State without permission from the Board or who does not keep the Board
informed as to his or her location as required by the conditions of his or her
parole shall be deemed an escaped prisoner and arrested as such.
2. Except as otherwise provided in
subsection 2 of NRS 213.1519, if parole is
lawfully revoked and the parolee is thereafter returned to prison, the parolee
forfeits all previously earned credits for good behavior earned to reduce his
or her sentence pursuant to chapter 209 of
NRS and shall serve any part of the unexpired maximum term or the maximum
aggregate term, as applicable, of his or her original sentence as may be
determined by the Board.
3. Except as otherwise provided in
subsection 2 of NRS 213.1519, the Board may
restore any credits forfeited pursuant to subsection 2.
4. Except as otherwise provided in NRS 213.15187, the time a person is an escaped
prisoner is not time served on his or her term of imprisonment.
[Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1973, 66;
1977, 263; 1979, 170; 1983, 727; 1987, 947; 1995, 1262; 1999, 24; 2007, 70; 2013, 232)
NRS 213.15187 Conviction and incarceration of paroled prisoner in other
jurisdiction; revocation or continuation of parole.
1. Except as otherwise provided in subsection
2, if a prisoner who is paroled by this state is convicted of and incarcerated
for a new crime in a jurisdiction outside of this state, the time during which
the prisoner is incarcerated in the other jurisdiction is not time served on
his or her term of imprisonment in this state.
2. The Board may:
(a) Revoke the parole of a prisoner described in
subsection 1 immediately and allow the time during which the prisoner is
incarcerated in the other jurisdiction to be time served on his or her term of
imprisonment in this state;
(b) Revoke the parole of a prisoner described in
subsection 1 at a later date that the Board specifies and allow the time during
which the prisoner is incarcerated in the other jurisdiction after the date on
which the parole is revoked to be time served on his or her term of
imprisonment in this state;
(c) Continue the parole of a prisoner described
in subsection 1 immediately and allow the parole of the prisoner to run
concurrently with the time served in the other jurisdiction; or
(d) Continue the parole of a prisoner described
in subsection 1 at a later date that the Board specifies and allow the parole
of the prisoner to run concurrently with the time served in the other
jurisdiction after the date on which the parole is continued.
(Added to NRS by 1999, 23)
NRS 213.1519 Effect of parole revocation.
1. Except as otherwise provided in subsections
2 and 3, a parolee whose parole is revoked by decision of the Board for a
violation of any rule or regulation governing his or her conduct:
(a) Forfeits all credits for good behavior
previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and
(b) Must serve such part of the unexpired maximum
term or the maximum aggregate term, as applicable, of his or her original
sentence as may be determined by the Board with rehearing dates scheduled
pursuant to NRS 213.142.
Ê The Board
may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant
to subsection 1 of NRS 213.1215 whose parole is
revoked for having been convicted of a new felony:
(a) Forfeits all credits for good behavior
previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term
or the maximum aggregate term, as applicable, of his or her original sentence;
and
(c) May not again be released on parole during
his or her term of imprisonment.
3. A parolee released on parole pursuant
to subsection 2 of NRS 213.1215 whose parole is
revoked by decision of the Board for a violation of any rule or regulation governing
his or her conduct:
(a) Forfeits all credits for good behavior
previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve such part of the unexpired maximum
term or maximum aggregate term, as applicable, of his or her original sentence
as may be determined by the Board; and
(c) Must not be considered again for release on
parole pursuant to subsection 2 of NRS 213.1215
but may be considered for release on parole pursuant to NRS
213.1099, with rehearing dates scheduled pursuant to NRS
213.142.
Ê The Board
may restore any credits forfeited under this subsection.
(Added to NRS by 1975, 197; A 1987, 947; 1991, 1411; 1995, 1260; 2003, 428; 2007, 70; 2013, 233)
NRS 213.15193 Residential confinement of alleged violator of parole:
Requirements; electronic supervision.
1. Except as otherwise provided in
subsection 6, the Chief may order the residential confinement of a parolee if
the Chief believes that the parolee does not pose a danger to the community and
will appear at a scheduled inquiry or hearing.
2. In ordering the residential confinement
of a parolee, the Chief shall:
(a) Require the parolee to be confined to his or
her residence during the time the parolee is away from his or her employment,
community service or other activity authorized by the Division; and
(b) Require intensive supervision of the parolee,
including, without limitation, unannounced visits to his or her residence or
other locations where the parolee is expected to be to determine whether the
parolee is complying with the terms of his or her confinement.
3. An electronic device approved by the
Division may be used to supervise a parolee who is ordered to be placed in
residential confinement. The device must be minimally intrusive and limited in
capability to recording or transmitting information concerning the presence of
the parolee at his or her residence, including, without limitation, the
transmission of still visual images which do not concern the activities of the
parolee while inside his or her residence. A device which is capable of
recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the activities of the
parolee while inside his or her residence,
Ê must not be
used.
4. The Chief shall not order a parolee to
be placed in residential confinement unless the parolee agrees to the order.
5. Any residential confinement must not
extend beyond the unexpired maximum term of the original sentence of the
parolee.
6. The Chief shall not order a parolee who
is serving a sentence for committing a battery which constitutes domestic
violence pursuant to NRS 33.018 to be placed
in residential confinement unless the Chief makes a finding that the parolee is
not likely to pose a threat to the victim of the battery.
(Added to NRS by 1991, 311; A 1993, 1528; 1995, 579, 1261; 1997, 1816; 2001
Special Session, 139)
NRS 213.15195 Residential confinement of alleged violator of parole: Terms and
conditions; notification of parolee.
1. In ordering a parolee to be placed in
residential confinement, the Chief Parole and Probation Officer may establish
the terms and conditions of that confinement.
2. The Chief Parole and Probation Officer
may, at any time, modify the terms and conditions of the residential
confinement.
3. The Chief Parole and Probation Officer
shall cause a copy of his or her order to be delivered to the parolee.
(Added to NRS by 1991, 312)
NRS 213.15198 Residential confinement of alleged violator of parole:
Termination by Chief Parole and Probation Officer.
1. The Chief Parole and Probation Officer
may terminate the residential confinement of a parolee and order the detention
of the parolee in a county jail pending an inquiry or hearing if:
(a) The parolee violates the terms or conditions
of his or her residential confinement; or
(b) The Chief Parole and Probation Officer, in
his or her discretion, determines that the parolee poses a danger to the
community or that there is a reasonable doubt that the parolee will appear at
the inquiry or hearing.
2. A parolee has no right to dispute a
decision to terminate his or her residential confinement.
(Added to NRS by 1991, 312)
NRS 213.152 Residential confinement of violator of parole: Authority of
Board; confinement to residence, facility or institution of Department of
Corrections; requirements; electronic supervision.
1. Except as otherwise provided in
subsection 7, if a parolee violates a condition of his or her parole, the Board
may order the parolee to a term of residential confinement in lieu of
suspending his or her parole and returning the parolee to confinement. In
making this determination, the Board shall consider the criminal record of the
parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of
residential confinement, the Board shall:
(a) Require:
(1) The parolee to be confined to his or
her residence during the time the parolee is away from his or her employment,
community service or other activity authorized by the Division; and
(2) Intensive supervision of the parolee,
including, without limitation, unannounced visits to his or her residence or
other locations where the parolee is expected to be in order to determine
whether the parolee is complying with the terms of his or her confinement; or
(b) Require the parolee to be confined to a
facility or institution of the Department of Corrections for a period not to
exceed 6 months. The Department may select the facility or institution in which
to place the parolee.
3. An electronic device approved by the
Division may be used to supervise a parolee ordered to a term of residential
confinement. The device must be minimally intrusive and limited in capability
to recording or transmitting information concerning the presence of the parolee
at his or her residence, including, but not limited to, the transmission of
still visual images which do not concern the activities of the person while
inside his or her residence. A device which is capable of recording or
transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the activities of the
parolee while inside his or her residence,
Ê must not be
used.
4. A parolee who is confined to a facility
or institution of the Department of Corrections pursuant to paragraph (b) of
subsection 2:
(a) May earn credits to reduce his or her
sentence pursuant to chapter 209 of NRS; and
(b) Shall not be deemed to be released on parole
for purposes of NRS 209.447 or 209.4475 during the period of that
confinement.
5. The Board shall not order a parolee to
a term of residential confinement unless the parolee agrees to the order.
6. A term of residential confinement may
not be longer than the unexpired maximum term of the original sentence of the
parolee.
7. The Board shall not order a parolee who
is serving a sentence for committing a battery which constitutes domestic
violence pursuant to NRS 33.018 to a
term of residential confinement unless the Board makes a finding that the
parolee is not likely to pose a threat to the victim of the battery.
8. As used in this section:
(a) “Facility” has the meaning ascribed to it in NRS 209.065.
(b) “Institution” has the meaning ascribed to it
in NRS 209.071.
(Added to NRS by 1987, 2232; A 1991, 58; 1993, 1529; 1995, 1261; 1997, 1817; 2001
Special Session, 139; 2007, 3183; 2009, 2511)
NRS 213.1524 Residential confinement of violator of parole: Terms and
conditions; notification of parolee.
1. In ordering a parolee to a term of
residential confinement, the Board may establish the terms and conditions of
that confinement.
2. The Board may, at any time, modify the
terms and conditions of the residential confinement.
3. The Board shall cause a copy of its
order to be delivered to the parolee.
(Added to NRS by 1987, 2232)
NRS 213.1526 Residential confinement of violator of parole: Violation of term
or condition. If it is determined
that the parolee violated any term or condition of his or her residential
confinement, the order may be rescinded, modified or continued, and his or her
parole may be revoked.
(Added to NRS by 1987, 2233)
NRS 213.1528 Residential confinement of violator of parole: Program of
supervision. The Board shall
establish procedures to administer a program of supervision for parolees who
are ordered to a term of residential confinement pursuant to NRS 213.152.
(Added to NRS by 1987, 2233)
NRS 213.153 Payment of expenses of returning person for violating parole;
restitution for expenses incurred in return.
1. The necessary expenses of returning to
the State Board of Parole Commissioners a person arrested for violation of
parole are a charge against the State and must be paid from money appropriated
to the Division. After the appropriation for this purpose is exhausted, money
must be allocated to the Division out of the Reserve for Statutory Contingency
Account, upon approval by the State Board of Examiners, for the payment of
these expenses.
2. Upon determining that a parolee has
violated a condition of his or her parole, the Board shall, if practicable,
order the parolee to make restitution for any necessary expenses incurred by a
governmental entity in returning the parolee to the Board for violation of his
or her parole.
(Added to NRS by 1959, 799; A 1969, 640; 1973, 170; 1983, 237; 1991, 1755; 1993, 937, 1529; 1995, 551)
Discharge From Parole
NRS 213.154 Division to issue honorable or dishonorable discharge to parolee
whose term of sentence has expired; unpaid restitution constitutes civil
liability.
1. The Division shall issue an honorable
discharge to a parolee whose term of sentence has expired if the parolee has:
(a) Fulfilled the conditions of his or her parole
for the entire period of his or her parole; or
(b) Demonstrated his or her fitness for honorable
discharge but because of economic hardship, verified by a parole and probation
officer, has been unable to make restitution as ordered by the court.
2. The Division shall issue a dishonorable
discharge to a parolee whose term of sentence has expired if:
(a) The whereabouts of the parolee are unknown;
(b) The parolee has failed to make full
restitution as ordered by the court, without a verified showing of economic
hardship; or
(c) The parolee has otherwise failed to qualify
for an honorable discharge pursuant to subsection 1.
3. Any amount of restitution that remains
unpaid by a person after the person has been discharged from parole constitutes
a civil liability as of the date of discharge.
(Added to NRS by 1999, 68)
Civil Rights of Paroled Prisoners
NRS 213.155 Restoration of civil rights after honorable discharge from
parole; limitations.
1. Except as otherwise provided in subsection
2, a person who receives an honorable discharge from parole pursuant to NRS 213.154:
(a) Is immediately restored to the following
civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a
civil action.
(b) Four years after the date of his or her
honorable discharge from parole, is restored to the right to hold office.
(c) Six years after the date of his or her
honorable discharge from parole, is restored to the right to serve as a juror
in a criminal action.
2. Except as otherwise provided in this
subsection, the civil rights set forth in subsection 1 are not restored to a
person who has received an honorable discharge from parole if the person has
previously been convicted in this State:
(a) Of a category A felony.
(b) Of an offense that would constitute a
category A felony if committed as of the date of his or her honorable discharge
from parole.
(c) Of a category B felony involving the use of
force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or
violence that resulted in substantial bodily harm to the victim and that would
constitute a category B felony if committed as of the date of his or her
honorable discharge from parole.
(e) Two or more times of a felony, unless a
felony for which the person has been convicted arose out of the same act,
transaction or occurrence as another felony, in which case the convictions for
those felonies shall be deemed to constitute a single conviction for the
purposes of this paragraph.
Ê A person
described in this subsection may petition a court of competent jurisdiction for
an order granting the restoration of his or her civil rights as set forth in
subsection 1.
3. Except for a person subject to the
limitations set forth in subsection 2, upon his or her honorable discharge from
parole, a person so discharged must be given an official document which
provides:
(a) That the person has received an honorable
discharge from parole;
(b) That the person has been restored to his or
her civil rights to vote and to serve as a juror in a civil action as of the
date of his or her honorable discharge from parole;
(c) The date on which his or her civil right to
hold office will be restored to the person pursuant to paragraph (b) of
subsection 1; and
(d) The date on which his or her civil right to
serve as a juror in a criminal action will be restored to the person pursuant
to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in
subsection 2, a person who has been honorably discharged from parole in this
State or elsewhere and whose official documentation of his or her honorable
discharge from parole is lost, damaged or destroyed may file a written request
with a court of competent jurisdiction to restore his or her civil rights
pursuant to this section. Upon verification that the person has been honorably
discharged from parole and is eligible to be restored to the civil rights set
forth in subsection 1, the court shall issue an order restoring the person to
the civil rights set forth in subsection 1. A person must not be required to
pay a fee to receive such an order.
5. A person who has been honorably
discharged from parole in this State or elsewhere may present:
(a) Official documentation of his or her
honorable discharge from parole, if it contains the provisions set forth in
subsection 3; or
(b) A court order restoring his or her civil
rights,
Ê as proof
that the person has been restored to the civil rights set forth in subsection
1.
6. The Board may adopt regulations
necessary or convenient for the purposes of this section.
(Added to NRS by 1959, 799; A 1973, 1845; 1977, 665; 1993, 39; 1999, 69; 2001, 1696; 2003, 2693; 2005, 2358)
NRS 213.157 Restoration of civil rights after sentence served; limitations.
1. Except as otherwise provided in
subsection 2, a person convicted of a felony in the State of Nevada who has
served his or her sentence and has been released from prison:
(a) Is immediately restored to the following
civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a
civil action.
(b) Four years after the date of his or her
release from prison, is restored to the right to hold office.
(c) Six years after the date of his or her
release from prison, is restored to the right to serve as a juror in a criminal
action.
2. Except as otherwise provided in this
subsection, the civil rights set forth in subsection 1 are not restored to a
person who has been released from prison if the person has previously been
convicted in this State:
(a) Of a category A felony.
(b) Of an offense that would constitute a
category A felony if committed as of the date of his or her release from
prison.
(c) Of a category B felony involving the use of
force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or
violence that resulted in substantial bodily harm to the victim and that would
constitute a category B felony if committed as of the date of his or her
release from prison.
(e) Two or more times of a felony, unless a
felony for which the person has been convicted arose out of the same act,
transaction or occurrence as another felony, in which case the convictions for
those felonies shall be deemed to constitute a single conviction for the
purposes of this paragraph.
Ê A person
described in this subsection may petition a court of competent jurisdiction for
an order granting the restoration of his or her civil rights as set forth in
subsection 1.
3. Except for a person subject to the
limitations set forth in subsection 2, upon his or her release from prison, a
person so released must be given an official document which provides:
(a) That the person has been released from
prison;
(b) That the person has been restored to his or
her civil rights to vote and to serve as a juror in a civil action as of the
date of his or her release from prison;
(c) The date on which his or her civil right to
hold office will be restored to the person pursuant to paragraph (b) of
subsection 1; and
(d) The date on which his or her civil right to
serve as a juror in a criminal action will be restored to the person pursuant
to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in
subsection 2, a person who has been released from prison in this State or
elsewhere and whose official documentation of his or her release from prison is
lost, damaged or destroyed may file a written request with a court of competent
jurisdiction to restore his or her civil rights pursuant to this section. Upon
verification that the person has been released from prison and is eligible to
be restored to the civil rights set forth in subsection 1, the court shall
issue an order restoring the person to the civil rights set forth in subsection
1. A person must not be required to pay a fee to receive such an order.
5. A person who has been released from
prison in this State or elsewhere may present:
(a) Official documentation of his or her release
from prison, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his or her civil
rights,
Ê as proof
that the person has been restored to the civil rights set forth in subsection
1.
(Added to NRS by 1973, 1844; A 1977, 666; 1993, 39, 1529; 1995, 508; 2001, 1697; 2003, 2695; 2005, 2359)
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
NRS 213.215 Enactment of Compact. The
Interstate Compact for Adult Offender Supervision is hereby ratified, enacted
into law and entered into with all jurisdictions legally joining in the
Compact, in substantially the form set forth in this section:
ARTICLE I. PURPOSE
(1) The compacting states to this Interstate
Compact recognize that each state is responsible for the supervision of adult
offenders in the community who are authorized pursuant to the bylaws and rules
of this compact to travel across state lines both to and from each compacting
state in such a manner as to track the location of offenders, transfer
supervision authority in an orderly and efficient manner, and when necessary
return offenders to the originating jurisdictions.
(2) The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime.
(3) It is the purpose of this compact and the
Interstate Commission created hereunder, through means of joint and cooperative
action among the compacting states to provide the framework for the promotion
of public safety and protect the rights of victims through the control and
regulation of the interstate movement of offenders in the community, to provide
for the effective tracking, supervision and rehabilitation of these offenders
by the sending and receiving states, and to equitably distribute the costs,
benefits and obligations of the compact among the compacting states.
(4) In addition, this compact will create an
Interstate Commission which will establish uniform procedures to manage the
movement between states of adults placed under community supervision and
released to the community under the jurisdiction of courts, paroling
authorities, corrections or other criminal justice agencies which will
promulgate rules to achieve the purpose of this compact, ensure an opportunity
for input and timely notice to victims and to jurisdictions where defined
offenders are authorized to travel or to relocate across state lines, establish
a system of uniform data collection, access to information on active cases by
authorized criminal justice officials and regular reporting of compact
activities to heads of state councils, state executive, judicial and
legislative branches and criminal justice administrators, monitor compliance
with rules governing interstate movement of offenders and initiate
interventions to address and correct noncompliance, and coordinate training and
education regarding regulation of interstate movement of offenders for
officials involved in such activity.
(5) The compacting states recognize that there is
no right of any offender to live in another state and that duly accredited
officers of a sending state may at all times enter a receiving state and there
apprehend and retake any offender under supervision subject to the provisions of
this compact and bylaws and rules promulgated hereunder.
(6) It is the policy of the compacting states
that the activities conducted by the Interstate Commission created herein are
the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
(1) “Adult” means both individuals legally
classified as adults and juveniles treated as adults by court order, statute or
operation of law.
(2) “Bylaws” means those bylaws established by
the Interstate Commission for its governance or for directing or controlling
the Interstate Commission’s actions or conduct.
(3) “Compact administrator” means the individual
in each compacting state appointed pursuant to the terms of this compact
responsible for the administration and management of the state’s supervision
and transfer of offenders subject to the terms of this compact, the rules
adopted by the Interstate Commission and policies adopted by the State Council
under this compact.
(4) “Compacting state” means any state which has
enacted the enabling legislation for this compact.
(5) “Commissioner” means the voting
representative of each compacting state appointed pursuant to Article IV of
this compact.
(6) “Interstate Commission” means the Interstate
Commission for Adult Offender Supervision established by this compact.
(7) “Member” means the commissioner of a
compacting state or designee, who shall be a person officially connected with
the commissioner.
(8) “Noncompacting state” means any state which
has not enacted the enabling legislation for this compact.
(9) “Offender” means an adult placed under, or
subject to, supervision as the result of the commission of a criminal offense
and released to the community under the jurisdiction of courts, paroling
authorities, corrections or other criminal justice agencies.
(10) “Person” means any individual, corporation,
business enterprise, or other legal entity, either public or private.
(11) “Rules” means acts of the Interstate
Commission, duly promulgated pursuant to Article VIII of this compact,
substantially affecting interested parties in addition to the Interstate
Commission, which shall have the force and effect of law in the compacting
states.
(12) “State” means a state of the United States,
the District of Columbia and any other territorial possession of the United
States.
(13) “State Council” means the resident members
of the State Council for Interstate Adult Offender Supervision created by each
state under Article IV of this compact.
ARTICLE III. THE
COMPACT COMMISSION
(1) The compacting states hereby create the
“Interstate Commission for Adult Offender Supervision.” The Interstate
Commission shall be a body corporate and joint agency of the compacting states.
The Interstate Commission shall have all the responsibilities, powers and
duties set forth herein, including the power to sue and be sued, and such
additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance with the terms
of this compact.
(2) The Interstate Commission shall consist of
commissioners selected and appointed by resident members of a State Council for
Interstate Adult Offender Supervision for each state. In addition to the
commissioners who are the voting representatives of each state, the Interstate
Commission shall include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner members must include
a member of the national organizations of governors, legislators, state chief
justices, attorneys general and crime victims. All noncommissioner members of
the Interstate Commission shall be ex officio, nonvoting members. The
Interstate Commission may provide in its bylaws for such additional, ex
officio, nonvoting members as it deems necessary.
(3) Each compacting state represented at any
meeting of the Interstate Commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the bylaws of the Interstate Commission.
(4) The Interstate Commission shall meet at least
once each calendar year. The chairperson may call additional meetings and, upon
the request of 27 or more compacting states, shall call additional meetings.
Public notice shall be given of all meetings, and meetings shall be open to the
public.
(5) The Interstate Commission shall establish an
executive committee which shall include commission officers, members and others
as shall be determined by the bylaws. The executive committee shall have the
power to act on behalf of the Interstate Commission during periods when the
Interstate Commission is not in session, with the exception of rulemaking
and/or amendment to the compact. The executive committee oversees the
day-to-day activities managed by the executive director and Interstate
Commission staff, administers enforcement and compliance with the provisions of
the compact, its bylaws and as directed by the Interstate Commission and
performs other duties as directed by the Interstate Commission or set forth in
the bylaws.
ARTICLE IV. THE
STATE COUNCIL
(1) The Nevada State Council for Interstate Adult
Offender Supervision is hereby created. The Nevada State Council for Interstate
Adult Offender Supervision consists of the following seven members:
(a) The compact administrator, appointed by the
governor, who shall serve as chairperson and as commissioner to the Interstate
Commission for this state;
(b) Three members appointed by the governor, one
of whom must be a representative of an organization supporting the rights of
victims of crime;
(c) One member of the senate, appointed by the
majority leader of the senate;
(d) One member of the assembly, appointed by the
speaker of the assembly; and
(e) One member who is a district judge, appointed
by the chief justice of the supreme court of Nevada.
(2) The members of the Nevada State Council for
Interstate Adult Offender Supervision serve at the pleasure of the persons who
appointed them.
(3) The legislators who are members of the Nevada
State Council for Interstate Adult Offender Supervision are entitled to receive
the salary provided for a majority of the members of the legislature during the
first 60 days of the preceding session for each day’s attendance at a meeting
of the Nevada State Council for Interstate Adult Offender Supervision.
(4) While engaged in the business of the
commission, each member of the Nevada State Council for Interstate Adult
Offender Supervision is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
(5) The Nevada State Council for Interstate Adult
Offender Supervision shall develop policies concerning the operation of the
compact within this state and shall exercise oversight and advocacy concerning
its participation in activities of the Interstate Commission.
ARTICLE V. POWERS
AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following
powers:
(1) To adopt a seal and suitable bylaws governing
the management and operation of the Interstate Commission.
(2) To promulgate rules which shall have the
force and effect of statutory law and shall be binding in the compacting states
to the extent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the
interstate movement of offenders subject to the terms of this compact and any
bylaws adopted and rules promulgated by the compact commission.
(4) To enforce compliance with compact
provisions, Interstate Commission rules and bylaws, using all necessary and
proper means, including, but not limited to, the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept or contract for services of
personnel, including, but not limited to, members and their staffs.
(8) To establish and appoint committees and hire
staff which it deems necessary for the carrying out of its functions,
including, but not limited to, an executive committee as required by Article
III which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys,
employees, agents or consultants, and to fix their compensation, define their
duties and determine their qualifications, and to establish the Interstate
Commission’s personnel policies and programs relating to, among other things,
conflicts of interest, rates of compensation and qualifications of personnel.
(10) To accept any and all donations and grants
of money, equipment, supplies, materials and services, and to receive, utilize
and dispose of same.
(11) To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve or use any property, real,
personal or mixed.
(12) To sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, real, personal or
mixed.
(13) To establish a budget and make expenditures
and levy dues as provided in Article X of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among
compacting states.
(16) To perform such functions as may be
necessary or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures,
governors, judiciary and state councils of the compacting states concerning the
activities of the Interstate Commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted by the
Interstate Commission.
(18) To coordinate education, training and public
awareness regarding the interstate movement of offenders for officials involved
in such activity.
(19) To establish uniform standards for the reporting,
collecting and exchanging of data.
ARTICLE VI. ORGANIZATION
AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
(1) The Interstate Commission shall, by a
majority of the members, within 12 months of the first Interstate Commission meeting,
adopt bylaws to govern its conduct as may be necessary or appropriate to carry
out the purposes of the compact, including, but not limited to:
(a) Establishing the fiscal year of the
Interstate Commission.
(b) Establishing an executive committee and such
other committees as may be necessary.
(c) Providing reasonable standards and procedures
for:
(i) The establishment of committees; and
(ii) Governing any general or specific
delegation of any authority or function of the Interstate Commission.
(d) Providing reasonable procedures for calling
and conducting meetings of the Interstate Commission and ensuring reasonable
notice of each such meeting.
(e) Establishing the titles and responsibilities
of the officers of the Interstate Commission.
(f) Providing reasonable standards and procedures
for the establishment of the personnel policies and programs of the Interstate
Commission. Notwithstanding any civil service or other similar laws of any
compacting state, the bylaws shall exclusively govern the personnel policies
and programs of the Interstate Commission.
(g) Providing a mechanism for winding up the
operations of the Interstate Commission and the equitable return of any surplus
funds that may exist upon the termination of the compact after the payment
and/or reserving of all of its debts and obligations.
(h) Providing transition rules for “start up”
administration of the compact.
(i) Establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
Section B. Officers
and Staff
(2) The Interstate Commission shall, by a
majority of the members, elect from among its members a chairperson and a vice
chairperson, each of whom shall have such authority and duties as may be
specified in the bylaws. The chairperson or, in his or her absence or
disability, the vice chairperson shall preside at all meetings of the
Interstate Commission. The officers so elected shall serve without compensation
or remuneration from the Interstate Commission; provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed for any actual
and necessary costs and expenses incurred by them in the performance of their
duties and responsibilities as officers of the Interstate Commission.
(3) The Interstate Commission shall, through its
executive committee, appoint or retain an executive director for such period,
upon such terms and conditions and for such compensation as the Interstate
Commission may deem appropriate. The executive director shall serve as
secretary to the Interstate Commission, and hire and supervise such other staff
as may be authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate
Records of the Interstate Commission
(4) The Interstate Commission shall maintain its
corporate books and records in accordance with the bylaws.
Section D. Qualified
Immunity, Defense and Indemnification
(5) The members, officers, executive director and
employees of the Interstate Commission shall be immune from suit and liability,
either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising
out of any actual or alleged act, error or omission that occurred within the
scope of Interstate Commission employment, duties or responsibilities; provided
that nothing in this paragraph shall be construed to protect any such person
from suit and/or liability for any damage, loss, injury or liability caused by
the intentional or willful and wanton misconduct of any such person.
(6) The Interstate Commission shall defend the
commissioner of a compacting state, or his or her representatives or employees,
or the Interstate Commission’s representatives or employees, in any civil
action seeking to impose liability, arising out of any actual or alleged act,
error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties or responsibilities; provided that the actual or alleged
act, error or omission did not result from intentional wrongdoing on the part
of such person.
(7) The Interstate Commission shall indemnify and
hold the commissioner of a compacting state, the appointed designee or
employees, or the Interstate Commission’s representatives or employees,
harmless in the amount of any settlement or judgment obtained against such
persons arising out of any actual or alleged act, error or omission that
occurred within the scope of Interstate Commission employment, duties or
responsibilities, or that such persons had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties or responsibilities;
provided that the actual or alleged act, error or omission did not result from
gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES
OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall meet and take
such actions as are consistent with the provisions of this compact.
(2) Except as otherwise provided in this compact
and unless a greater percentage is required by the bylaws, in order to
constitute an act of the Interstate Commission, such act shall have been taken
at a meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
(3) Each member of the Interstate Commission
shall have the right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the Interstate
Commission. A member shall vote in person on behalf of the state and shall not
delegate a vote to another member state. However, a State Council shall appoint
another authorized representative, in the absence of the commissioner from that
state, to cast a vote on behalf of the member state at a specified meeting. The
bylaws may provide for members’ participation in meetings by telephone or other
means of telecommunication or electronic communication. Any voting conducted by
telephone or other means of telecommunication or electronic communication shall
be subject to the same quorum requirements of meetings where members are
present in person.
(4) The Interstate Commission shall meet at least
once during each calendar year. The chairperson of the Interstate Commission
may call additional meetings at any time and, upon the request of a majority of
the members, shall call additional meetings.
(5) The Interstate Commission’s bylaws shall
establish conditions and procedures under which the Interstate Commission shall
make its information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests. In promulgating such rules,
the Interstate Commission may make available to law enforcement agencies
records and information otherwise exempt from disclosure, and may enter into
agreements with law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
(6) Public notice shall be given of all meetings
and all meetings shall be open to the public, except as set forth in the rules
or as otherwise provided in the compact. The Interstate Commission shall
promulgate rules consistent with the principles contained in the “Government in
Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. The Interstate
Commission and any of its committees may close a meeting to the public where it
determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the Interstate Commission’s
internal personnel practices and procedures.
(b) Disclose matters specifically exempted from
disclosure by statute.
(c) Disclose trade secrets or commercial or
financial information which is privileged or confidential.
(d) Involve accusing any person of a crime or
formally censuring any person.
(e) Disclose information of a personal nature
where disclosure would constitute a clearly unwarranted invasion of personal
privacy.
(f) Disclose investigatory records compiled for
law enforcement purposes.
(g) Disclose information contained in or related
to examination, operating or condition reports prepared by, or on behalf of or
for the use of, the Interstate Commission with respect to a regulated entity
for the purpose of regulation or supervision of such entity.
(h) Disclose information, the premature
disclosure of which would significantly endanger the life of a person or the
stability of a regulated entity.
(i) Specifically relate to the Interstate
Commission’s issuance of a subpoena, or its participation in a civil action or
proceeding.
Ê For every
meeting closed pursuant to this provision, the Interstate Commission’s chief
legal officer shall publicly certify that, in his or her opinion, the meeting
may be closed to the public, and shall reference each relevant exemptive
provision.
(7) The Interstate Commission shall keep minutes
which shall fully and clearly describe all matters discussed in any meeting and
shall provide a full and accurate summary of any actions taken, and the reasons
therefor, including a description of each of the views expressed on any item
and the record of any roll call vote (reflected in the vote of each member on
the question). All documents considered in connection with any action shall be
identified in such minutes.
(8) The Interstate Commission shall collect
standardized data concerning the interstate movement of offenders as directed
through its bylaws and rules which shall specify the data to be collected, the
means of collection and data exchange and reporting requirements.
ARTICLE VIII. RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall promulgate
rules in order to effectively and efficiently achieve the purposes of the
compact, including transition rules governing administration of the compact
during the period in which it is being considered and enacted by the states.
(2) Rulemaking shall occur pursuant to the
criteria set forth in this article and the bylaws and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, 5 U.S.C. Section 551 et seq., and the
Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as may be
amended (hereinafter “APA”).
(3) All rules and amendments shall become binding
as of the date specified in each rule or amendment.
(4) If a majority of the legislatures of the
compacting states rejects a rule, by enactment of a statute or resolution in
the same manner used to adopt the compact, then such rule shall have no further
force and effect in any compacting state.
(5) When promulgating a rule, the Interstate
Commission shall:
(a) Publish the proposed rule stating with
particularity the text of the rule which is proposed and the reason for the
proposed rule.
(b) Allow persons to submit written data, facts,
opinions and arguments, which information shall be publicly available.
(c) Provide an opportunity for an informal
hearing.
(d) Promulgate a final rule and its effective
date, if appropriate, based on the rulemaking record.
(6) Not later than 60 days after a rule is
promulgated, any interested person may file a petition in the United States
District Court for the District of Columbia or in the federal district court
where the Interstate Commission’s principal office is located for judicial review
of such rule. If the court finds that the Interstate Commission’s action is not
supported by substantial evidence, as defined in the APA, in the rulemaking
record, the court shall hold the rule unlawful and set it aside.
(7) Subjects to be addressed within 12 months
after the first meeting must at a minimum include:
(a) Notice to victims and opportunity to be
heard.
(b) Offender registration and compliance.
(c) Violations/returns.
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from
offenders.
(g) Data collection and reporting.
(h) The level of supervision to be provided by
the receiving state.
(i) Transition rules governing the operation of
the compact and the Interstate Commission during all or part of the period
between the effective date of the compact and the date on which the last
eligible state adopts the compact.
(j) Mediation, arbitration and dispute
resolution.
(8) The existing rules governing the operation of
the previous compact superseded by this act shall be null and void 12 months
after the first meeting of the Interstate Commission created hereunder.
(9) Upon determination by the Interstate
Commission that an emergency exists, it may promulgate an emergency rule which
shall become effective immediately upon adoption; provided that the usual
rulemaking procedures provided hereunder shall be retroactively applied to said
rule as soon as reasonably possible, in no event later than 90 days after the
effective date of the rule.
ARTICLE IX. OVERSIGHT,
ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight
(1) The Interstate Commission shall oversee the
interstate movement of adult offenders in the compacting states and shall
monitor such activities being administered in noncompacting states which may
significantly affect compacting states.
(2) The courts and executive agencies in each
compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact’s purposes and intent. In
any judicial or administrative proceeding in a compacting state pertaining to
the subject matter of this compact which may affect the powers,
responsibilities or actions of the Interstate Commission, the Interstate Commission
shall be entitled to receive all service of process in any such proceeding, and
shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute
Resolution
(3) The compacting states shall report to the
Interstate Commission on issues or activities of concern to them, and cooperate
with and support the Interstate Commission in the discharge of its duties and
responsibilities.
(4) The Interstate Commission shall attempt to
resolve any disputes or other issues which are subject to the compact and which
may arise among compacting states and noncompacting states.
(5) The Interstate Commission shall enact a bylaw
or promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
Section C. Enforcement
(6) The Interstate Commission, in the reasonable
exercise of its discretion, shall enforce the provisions of this compact using
any or all means set forth in Article XII, Section B, of this compact.
ARTICLE X. FINANCE
(1) The Interstate Commission shall pay or
provide for the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(2) The Interstate Commission shall levy on and
collect an annual assessment from each compacting state to cover the cost of
the internal operations and activities of the Interstate Commission and its
staff which must be in a total amount sufficient to cover the Interstate
Commission’s annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Interstate Commission, taking into consideration the population of the
state and the volume of interstate movement of offenders in each compacting
state and shall promulgate a rule binding upon all compacting states which
governs said assessment.
(3) The Interstate Commission shall not incur any
obligations of any kind prior to securing the funds adequate to meet the same,
nor shall the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
(4) The Interstate Commission shall keep accurate
accounts of all receipts and disbursements. The receipts and disbursements of
the Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit
shall be included in and become part of the annual report of the Interstate
Commission.
ARTICLE XI. COMPACTING
STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, as defined in Article II of this
compact, is eligible to become a compacting state.
(2) The compact shall become effective and
binding upon legislative enactment of the compact into law by no less than 35
of the states. The initial effective date shall be the later of July 1, 2001,
or upon enactment into law by the 35th jurisdiction. Thereafter it shall become
effective and binding, as to any other compacting state, upon enactment of the
compact into law by that state. The governors of nonmember states or their
designees will be invited to participate in Interstate Commission activities on
a nonvoting basis prior to adoption of the compact by all states and
territories of the United States.
(3) Amendments to the compact may be proposed by
the Interstate Commission for enactment by the compacting states. No amendment
shall become effective and binding upon the Interstate Commission and the
compacting states unless and until it is enacted into law by unanimous consent
of the compacting states.
ARTICLE XII. WITHDRAWAL,
DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(1) Once effective, the compact shall continue in
force and remain binding upon each and every compacting state; provided that a
compacting state may withdraw from the compact (“withdrawing state”) by
enacting a statute specifically repealing the statute which enacted the compact
into law. The effective date of withdrawal is the effective date of the repeal.
(2) The withdrawing state shall immediately
notify the chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the withdrawing state.
The Interstate Commission shall notify the other compacting states of the
withdrawing state’s intent to withdraw within 60 days of its receipt thereof.
(3) The withdrawing state is responsible for all
assessments, obligations and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which extends beyond
the effective date of withdrawal.
(4) Reinstatement following withdrawal of any
compacting state shall occur upon the withdrawing state reenacting the compact
or upon such later date as determined by the Interstate Commission.
Section B. Default
(5) If the Interstate Commission determines that
any compacting state has at any time defaulted (“defaulting state”) in the
performance of any of its obligations or responsibilities under this compact,
the bylaws or any duly promulgated rules, the Interstate Commission may impose
any or all of the following penalties:
(a) Fines, fees and costs in such amounts as are
deemed to be reasonable as fixed by the Interstate Commission.
(b) Remedial training and technical assistance as
directed by the Interstate Commission.
(c) Suspension and termination of membership in
the compact. Suspension shall be imposed only after all other reasonable means
of securing compliance under the bylaws and rules have been exhausted.
Immediate notice of suspension shall be given by the Interstate Commission to
the governor, the chief justice or chief judicial officer of the state, the
majority and minority leaders of the defaulting state’s legislature, and the
State Council.
(6) The grounds for default include, but are not
limited to, failure of a compacting state to perform such obligations or
responsibilities imposed upon it by this compact, Interstate Commission bylaws
or duly promulgated rules. The Interstate Commission shall immediately notify
the defaulting state in writing of the penalty imposed by the Interstate
Commission on the defaulting state pending a cure of the default. The
Interstate Commission shall stipulate the conditions and the time period within
which the defaulting state must cure its default. If the defaulting state fails
to cure the default within the time period specified by the Interstate
Commission, in addition to any other penalties imposed herein, the defaulting
state may be terminated from the compact upon an affirmative vote of a majority
of the compacting states and all rights, privileges and benefits conferred by
this compact shall be terminated from the effective date of suspension.
(7) Within 60 days of the effective date of
termination of a defaulting state, the Interstate Commission shall notify the
governor, the chief justice or chief judicial officer and the majority and
minority leaders of the defaulting state’s legislature and the State Council of
such termination.
(8) The defaulting state is responsible for all
assessments, obligations and liabilities incurred through the effective date of
termination, including any obligations, the performance of which extends beyond
the effective date of termination.
(9) The Interstate Commission shall not bear any
costs relating to the defaulting state unless otherwise mutually agreed upon
between the Interstate Commission and the defaulting state.
(10) Reinstatement following termination of any
compacting state requires both a reenactment of the compact by the defaulting
state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial
Enforcement
(11) The Interstate Commission may, by majority
vote of the members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission has its
offices to enforce compliance with the provisions of the compact, its duly
promulgated rules and bylaws, against any compacting state in default. In the
event judicial enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation including reasonable attorney’s fees.
Section D. Dissolution
of Compact
(12) The compact dissolves effective upon the
date of the withdrawal or default of the compacting state which reduces
membership in the compact to one compacting state. Upon the dissolution of this
compact, the compact becomes null and void and shall be of no further force or
effect, and the business and affairs of the Interstate Commission shall be
wound up and any surplus funds shall be distributed in accordance with the
bylaws.
ARTICLE XIII. SEVERABILITY
AND CONSTRUCTION
(1) The provisions of this compact shall be
severable, and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of this compact shall be
liberally construed to effectuate its purposes.
ARTICLE XIV. BINDING
EFFECT OF COMPACT AND OTHER LAWS
Section A. Other
Laws
(1) Nothing herein prevents the enforcement of
any other law of a compacting state that is not inconsistent with this compact.
(2) The laws of this state, other than the
constitution of the State of Nevada, that conflict with this compact are
superseded to the extent of the conflict.
Section B. Binding
Effect of the Compact
(3) All lawful actions of the Interstate
Commission, including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the compacting states.
(4) All agreements between the Interstate
Commission and the compacting states are binding in accordance with their
terms.
(5) Upon the request of a party to a conflict
over meaning or interpretation of Interstate Commission actions, and upon a
majority vote of the compacting states, the Interstate Commission may issue
advisory opinions regarding such meaning or interpretation.
(6) In the event any provision of this compact
exceeds the constitutional limits imposed on the legislature of any compacting
state, the obligations, duties, powers or jurisdiction sought to be conferred
by such provision upon the Interstate Commission shall be ineffective and such obligations,
duties, powers or jurisdiction shall remain in the compacting state and shall
be exercised by the agency thereof to which such obligations, duties, powers or
jurisdiction are delegated by law in effect at the time this compact becomes
effective.
(7) This state is bound by the bylaws and rules
promulgated under this compact only to the extent that the operation of the
bylaws and rules does not impose an obligation exceeding any limitation on
state power or authority contained in the constitution of the State of Nevada
as interpreted by the courts of this state.
(Added to NRS by 2001, 2356)
PROGRAM FOR WORK RELEASE
NRS 213.291 Definitions. As
used in NRS 213.291 to 213.360,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 213.293, 213.294
and 213.297 have the meanings ascribed to them in
those sections.
(Added to NRS by 2003, 2581)
NRS 213.293 “Department” defined. “Department”
means the Department of Corrections.
(Added to NRS by 2003, 2581)
NRS 213.294 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 2003, 2581)
NRS 213.297 “Program” defined. “Program”
means a program of work release that is established by the Department pursuant
to NRS 213.300.
(Added to NRS by 2003, 2581)
NRS 213.300 Establishment of program.
1. The Department of Corrections may
establish and administer a program of work release under which a person
sentenced to a term of imprisonment in an institution of the Department may be
granted the privilege of leaving secure custody during necessary and reasonable
hours to:
(a) Work in this state at gainful private
employment that has been approved by the Director for that purpose.
(b) Obtain in this state additional education,
including vocational, technical and general education.
2. The program may also include temporary
leave for the purpose of seeking employment in this state.
(Added to NRS by 1977, 291, 854; A 1983, 323; 2001
Special Session, 204; 2003, 2582)
NRS 213.310 Selection and referral of offenders for enrollment in program.
1. If a program is established by the
Department pursuant to NRS 213.300, the Director
shall, by appropriate means of classification and selection, determine which of
the offenders, during the last 6 months’ confinement, are suitable for the
program, excluding those sentenced to life imprisonment who are not eligible
for parole and those imprisoned for violations of chapter
201 of NRS who have not been certified by the designated board as eligible
for parole.
2. The Director shall then select the
names of those offenders the Director determines to be eligible for the
program, and the Director shall refer the names of those offenders to the Chair
of the State Board of Parole Commissioners for release into the program and, if
appropriate, for residential confinement or other appropriate supervision as
determined by the Division of Parole and Probation of the Department of Public
Safety.
(Added to NRS by 1977, 854; A 1983, 323; 2001
Special Session, 205; 2003, 2583)
NRS 213.315 Eligibility of illiterate offenders, offenders whose native
language is not English and offenders with developmental, learning and other
disabilities.
1. Except as otherwise provided in this
section, an offender who is illiterate is not eligible to participate in a
program unless:
(a) The offender is regularly attending and
making satisfactory progress in a program for general education; or
(b) The Director, for good cause, determines that
the limitation on eligibility should be waived under the circumstances with
respect to a particular offender.
2. An offender whose:
(a) Native language is not English;
(b) Ability to read and write in his or her
native language is at or above the level of literacy designated by the Board of
State Prison Commissioners in its regulations; and
(c) Ability to read and write the English
language is below the level of literacy designated by the Board of State Prison
Commissioners in its regulations,
Ê may not be
assigned to an industrial or a vocational program unless the offender is
regularly attending and making satisfactory progress in a course which teaches
English as a second language or the Director, for good cause, determines that
the limitation on eligibility should be waived under the circumstances with
respect to a particular offender.
3. Upon written documentation that an
illiterate offender has a developmental, learning or other similar disability
which affects his or her ability to learn, the Director may:
(a) Adapt or create an educational program or
guidelines for evaluating the educational progress of the offender to meet his
or her particular needs; or
(b) Exempt the offender from the required
participation in an educational program prescribed by this section.
4. The provisions of this section do not
apply to an offender who:
(a) Presents satisfactory evidence that the
offender has:
(1) A high school diploma; or
(2) A general educational development
certificate or an equivalent document; or
(b) Is admitted into a program for the purpose of
obtaining additional education in this state.
5. As used in this section, “illiterate”
means having an ability to read and write that is below the level of literacy
designated by the Board of State Prison Commissioners in its regulations.
(Added to NRS by 1993, 2519; A 2001
Special Session, 205; 2003, 1370, 2583; 2013, 3290)
NRS 213.320 Administration of program; duties of Director.
1. If a program is established by the
Department pursuant to NRS 213.300, the Director
shall administer the program and shall:
(a) Refer offenders to employers who offer
employment or to employment agencies that locate employment for qualified
applicants;
(b) Effect placement of offenders under the
program; and
(c) Generally promote public understanding and
acceptance of the program.
2. All state agencies shall cooperate with
the Director in carrying out this section to such extent as is consistent with
their other lawful duties.
3. The Director shall adopt rules for
administering the program.
(Added to NRS by 1977, 291, 855; A 1983, 324; 2001
Special Session, 205; 2003, 2584)
NRS 213.330 Disposition of salaries and wages of offender.
1. The salaries or wages of an offender
employed pursuant to the program must be disbursed in the following order:
(a) To pay any costs associated with the
offender’s participation in the program, to the extent of his or her ability to
pay.
(b) To allow the offender necessary travel
expense to and from work and his or her other incidental expenses.
(c) To support the offender’s dependents.
(d) To pay, either in full or ratably, the
offender’s obligations which have been acknowledged by the offender in writing
or which have been reduced to judgment.
2. Any balance of an offender’s wages
remaining after all disbursements have been made pursuant to subsection 1 must
be paid to the offender upon his or her release from custody.
(Added to NRS by 1977, 855; A 2003, 2584)
NRS 213.350 Enrollees not agents or employees of State; status.
1. An offender enrolled in the program is
not an agent, employee or servant of the Department while the offender is:
(a) Working in the program or seeking such
employment; or
(b) Going to such employment.
2. An offender enrolled in the program is
considered to be an offender in an institution of the Department.
(Added to NRS by 1977, 855; A 1983, 324; 2001
Special Session, 206; 2003, 2584)
NRS 213.360 Termination of enrollment; unauthorized absence constitutes
escape.
1. The Director may immediately terminate
any offender’s enrollment in the program and transfer the offender to an
institution of the Department if, in the Director’s judgment, the best interests
of the State or the offender require such action.
2. If an offender enrolled in the program
is absent from his or her place of employment without a reason acceptable to
the Director, the offender’s absence:
(a) Immediately terminates his or her enrollment
in the program.
(b) Constitutes an escape from prison, and the
offender shall be punished as provided in NRS
212.090.
(Added to NRS by 1977, 855; A 1983, 325; 2001
Special Session, 206; 2003, 2584)
RESIDENTIAL CONFINEMENT OF OFFENDERS
NRS 213.371 Definitions. As
used in NRS 213.371 to 213.410,
inclusive, unless the context otherwise requires:
1. “Division” means the Division of Parole
and Probation of the Department of Public Safety.
2. “Offender” means a prisoner assigned to
the custody of the Division pursuant to NRS
209.392, 209.3925 or 209.429.
3. “Residential confinement” means the
confinement of an offender to his or her place of residence under the terms and
conditions established by the Division.
(Added to NRS by 1991, 783; A 1993, 1530; 1995, 959, 1361, 2388; 1997, 2413; 2001, 2591)
NRS 213.375 Determination of eligibility for residential confinement after
determining that offender is abuser of alcohol or drugs. Upon the determination, pursuant to NRS 484C.300 or 488.430, that an offender is an abuser of
alcohol or drugs and that the offender can be treated successfully for his or
her condition, the Division shall determine, to the extent possible:
1. If the offender is otherwise eligible
for residential confinement pursuant to NRS 213.371
to 213.410, inclusive, upon the successful
completion of the initial period of rehabilitation required under the program
of treatment established pursuant to NRS
209.425; and
2. If the offender is eligible, the
likelihood that the offender will be able to:
(a) Comply with the terms and conditions of
residential confinement established by the Division; and
(b) Complete successfully the program of
treatment established pursuant to NRS
209.425 while in residential confinement.
(Added to NRS by 1995, 959; A 2013, 194)
NRS 213.380 Division to establish procedures for and conditions of
residential confinement; use of electronic device.
1. The Division shall establish procedures
for the residential confinement of offenders.
2. The Division may establish, and at any
time modify, the terms and conditions of the residential confinement, except
that the Division shall:
(a) Require the offender to participate in
regular sessions of education, counseling and any other necessary or desirable
treatment in the community, unless the offender is assigned to the custody of
the Division pursuant to NRS 209.3925;
(b) Require the offender to be confined to his or
her residence during the time the offender is not:
(1) Engaged in employment or an activity
listed in paragraph (a) that is authorized by the Division;
(2) Receiving medical treatment that is
authorized by the Division; or
(3) Engaged in any other activity that is
authorized by the Division; and
(c) Require intensive supervision of the
offender, including unannounced visits to his or her residence or other
locations where the offender is expected to be in order to determine whether
the offender is complying with the terms and conditions of his or her
confinement.
3. An electronic device approved by the
Division may be used to supervise an offender if it is minimally intrusive and
limited in capability to recording or transmitting information concerning the
offender’s presence at his or her residence, including, but not limited to, the
transmission of still visual images which do not concern the offender’s
activities while inside his or her residence. A device which is capable of
recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the offender’s
activities while inside his or her residence,
Ê must not be
used.
(Added to NRS by 1991, 783; A 1993, 1530; 1997, 2413)
NRS 213.390 Duties of Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall:
1. Furnish to an offender a written statement
of the terms and conditions of his or her residential confinement;
2. Instruct the offender regarding those
terms and conditions; and
3. Advise the Director of the Department
of Corrections of any violation of those terms and conditions and of the escape
of the offender.
(Added to NRS by 1991, 783; A 2001
Special Session, 206)
NRS 213.400 Effect of absence of offender from residence, employment,
treatment or other authorized activity.
1. If an offender is absent, without
authorization, from his or her residence, employment, treatment, including, but
not limited to, medical treatment, or any other activity authorized by the
Division, the offender shall be deemed an escaped prisoner and shall be
punished as provided in NRS 212.090.
2. The Chief Parole and Probation Officer
may issue a warrant for the arrest of the offender. The warrant must be
executed by a peace officer in the same manner as ordinary criminal process.
(Added to NRS by 1991, 783; A 1993, 1530; 1997, 1225, 2414; 1999, 434)
NRS 213.410 Division to conduct inquiry regarding escape of offender from
residential confinement or other violation of term or condition of residential
confinement; duties of inquiring officer.
1. Whenever it is alleged that an offender
has escaped or otherwise violated the terms or conditions of his or her
residential confinement, the Division shall conduct an inquiry to determine
whether the offender has committed acts that would constitute such an escape or
violation.
2. An offender may be returned to the
custody of the Department of Corrections pending the completion of the inquiry
conducted by the Division pursuant to the provisions of this section.
3. The inquiry must be conducted before an
inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of the escape or
violation; and
(c) Has not recommended the return of the
offender to the custody of the Department of Corrections.
4. The inquiring officer shall:
(a) Provide the offender with notice of the inquiry
and of the acts alleged to constitute his or her escape or violation of a term
or condition of his or her residential confinement, and with an opportunity to
be heard on the matter.
(b) Upon completion of the inquiry, submit to the
Chief Parole and Probation Officer his or her findings and recommendation
regarding the disposition of the custody of the offender.
5. After considering the findings and
recommendation of the inquiring officer, the Chief Parole and Probation Officer
shall determine the disposition of the custody of the offender. The decision of
the Chief Parole and Probation Officer is final.
6. Before a final determination is made to
return an offender to the custody of the Department of Corrections, the
Division shall provide the offender with a copy of the findings of the
inquiring officer.
(Added to NRS by 1991, 784; A 1993, 51, 1531; 1995, 585; 2001
Special Session, 206)
PROGRAMS OF REENTRY INTO COMMUNITY
NRS 213.600 Definitions. As
used in NRS 213.600 to 213.635,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 213.605 to 213.620,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1165; A 2003, 2585)
NRS 213.605 “Board” defined. “Board”
means the State Board of Parole Commissioners.
(Added to NRS by 2001, 1165)
NRS 213.607 “Correctional program” defined. “Correctional
program” means a program for reentry of offenders and parolees into the
community that is established by the Director pursuant to NRS 209.4887.
(Added to NRS by 2003, 2581)
NRS 213.609 “Director” defined. “Director”
means the Director of the Department of Corrections.
(Added to NRS by 2003, 2581)
NRS 213.610 “Division” defined. “Division”
means the Division of Parole and Probation of the Department of Public Safety.
(Added to NRS by 2001, 1165)
NRS 213.615 “Judicial program” defined. “Judicial
program” means a program for reentry of prisoners and parolees into the
community that is established in a judicial district pursuant to NRS 209.4883.
(Added to NRS by 2001, 1165; A 2003, 2585)
NRS 213.620 “Reentry court” defined. “Reentry
court” means the court in a judicial district that has established a judicial
program.
(Added to NRS by 2001, 1165; A 2003, 2585)
NRS 213.625 Judicial program: Referral of offender to reentry court;
requirement of participating in program as condition of parole; powers and
duties of Board.
1. Except as otherwise provided in this
section, if a judicial program has been established in the judicial district in
which a prisoner or parolee may be paroled, the Chair of the Board may, after
consulting with the Division, refer a prisoner who is being considered for
parole or a parolee who has violated a term or condition of his or her parole
to the reentry court if the Chair believes that the person:
(a) Would participate successfully in and benefit
from a judicial program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in
vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for
restitution to any victim of his or her crime.
2. Except as otherwise provided in this
section, if the Chair is notified by the reentry court pursuant to NRS 209.4883 that a person should be
ordered to participate in a judicial program, the Board may, in accordance with
the provisions of this section:
(a) If the person is a prisoner who is being
considered for parole, upon the granting of parole to the prisoner, require as
a condition of parole that the person participate in and complete the judicial
program; or
(b) If the person is a parolee who has violated a
term or condition of his or her parole, order the parolee to participate in and
complete the judicial program as a condition of the continuation of his or her
parole and in lieu of revoking his or her parole and returning the parolee to
confinement.
3. If a prisoner who has been assigned to
the custody of the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered for
parole:
(a) The Board shall, if the Board grants parole
to the prisoner, require as a condition of parole that the person continue to
participate in and complete the judicial program.
(b) The Board is not required to refer the
prisoner to the reentry court pursuant to subsection 1 or to obtain prior
approval of the reentry court pursuant to NRS
209.4883 for the prisoner to continue participating in the judicial program
while the prisoner is on parole.
4. In determining whether to order a
person to participate in and complete a judicial program pursuant to this
section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations
requiring persons who are ordered to participate in and complete a judicial
program pursuant to this section to reimburse the reentry court and the
Division for the cost of their participation in a judicial program, to the
extent of their ability to pay.
6. The Board shall not order a person to
participate in a judicial program if the time required to complete the judicial
program is longer than the unexpired maximum term or the unexpired maximum
aggregate term, as applicable, of the person’s original sentence.
(Added to NRS by 2001, 1165; A 2003, 2585; 2013, 233)
NRS 213.630 Effect of violation of term or condition of judicial program or
parole; powers of reentry court; duties of Board.
1. If the reentry court determines that a
parolee has violated a term or condition of his or her participation in the
judicial program or a term or condition of his or her parole, the court may:
(a) Establish and impose any appropriate sanction
for the violation; and
(b) If necessary, report the violation to the
Board.
2. If a violation of a term or condition
of parole is reported to the Board pursuant to this section, the Board shall
proceed in the manner provided in this chapter for any other violation of a
term or condition of parole.
(Added to NRS by 2001, 1166; A 2003, 2586)
NRS 213.632 Referral of prisoner or parolee to be considered for
participation in correctional program; participation as condition of parole;
considerations; regulations; limitations.
1. Except as otherwise provided in this
section, if a correctional program has been established by the Director in the
county in which an offender or parolee may be paroled, the Chair of the Board
may, after consulting with the Division, refer a prisoner who is being
considered for parole or a parolee who has violated a term or condition of his
or her parole to the Director if the Chair believes that the person:
(a) Would participate successfully in and benefit
from a correctional program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in
vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for
restitution to any victim of his or her crime.
2. Except as otherwise provided in this
section, if the Chair is notified by the Director pursuant to NRS 209.4887 that a person is suitable to
participate in a correctional program, the Board may, in accordance with the
provisions of this section:
(a) If the person is an offender who is being
considered for parole, upon the granting of parole to the offender, require as
a condition of parole that the offender participate in and complete the
correctional program; or
(b) If the person is a parolee who has violated a
term or condition of his or her parole, order the parolee to participate in and
complete the correctional program as a condition of the continuation of his or
her parole and in lieu of revoking his or her parole and returning the parolee
to confinement.
3. If an offender who has been assigned to
the custody of the Division to participate in a correctional program pursuant
to NRS 209.4888 is being considered
for parole, the Board shall, if the Board grants parole to the offender, require
as a condition of parole that the offender continue to participate in and
complete the correctional program.
4. In determining whether to order a
person to participate in and complete a correctional program pursuant to this
section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations
requiring persons who are ordered to participate in and complete a correctional
program pursuant to this section to reimburse the Department of Corrections and
the Division for the cost of their participation in a correctional program, to
the extent of their ability to pay.
6. The Board shall not order a person to
participate in a correctional program if the time required to complete the
correctional program is longer than the unexpired maximum term or the unexpired
maximum aggregate term, as applicable, of the person’s original sentence.
(Added to NRS by 2003, 2581; A 2013, 234)
NRS 213.633 Violation of term or condition of correctional program or of
parole to be reported to Board.
1. If the Director determines that a
parolee has violated a term or condition of his or her participation in the
correctional program or a term or condition of his or her parole, the Director
shall report the violation to the Board.
2. If a violation of a term or condition
of parole is reported to the Board pursuant to this section, the Board shall
proceed in the manner provided in this chapter for any other violation of a
term or condition of parole.
(Added to NRS by 2003, 2582)
NRS 213.635 Supervision of participant in correctional or judicial program. The Division shall supervise each person who
is participating in a correctional or judicial program pursuant to NRS 209.4886, 209.4888, 213.625
or 213.632.
(Added to NRS by 2001, 1166; A 2003, 2586)
