Nrs: Chapter 213 - Pardons And Paroles; Remissions Of Fines And Commutations Of Punishments

Link to law: https://www.leg.state.nv.us/NRS/NRS-213.html
Published: 2015

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[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.

_________

_________

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)