USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 213 - PARDONS AND PAROLES; REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS
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 )
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. 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 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)
1. A member of the Board who has served as a district judge or as
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 annual salary as a justice of the Supreme
Court for each year of service as a district judge or as a justice of the
Supreme Court, or any combination thereof. The compensation received by a
justice for his service on the Board must not exceed 22 percent of his
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 )
1. The Chairman 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 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 civil rights restored by the Board.
(Added to NRS by 1973, 804; A 2003, 427 )
1. Any person intending to apply to have a fine or forfeiture
remitted, a punishment commuted, a pardon granted or his civil rights
restored, or any person acting on his 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 civil
rights restored pursuant to this section.
3. 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 chairman of the board
of county commissioners of the county wherein the person was convicted.
4. 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 )
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]
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 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)
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)
An applicant or a witness at a hearing upon an
application for clemency who is a person with a disability as defined in
NRS 50.050 is entitled to the services
of an interpreter at public expense, subject to the provisions of NRS
50.052 and 50.053 . The interpreter must be:
1. Qualified to engage in the practice of interpreting in this
State pursuant to subsection 2 of NRS 656A.100 ; and
2. Appointed by the Governor or a member of the Board designated
by him.
(Added to NRS by 1979, 657; A 2001, 1776 )
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]
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]
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 him as directed.
[3:149:1933; 1931 NCL § 11571]
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)
1. A person who is granted a full, unconditional pardon by the
Board is restored to all civil rights 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 he has been
granted a pardon. 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 pardon is lost, damaged
or destroyed may file a written request with a court of competent
jurisdiction to restore his civil rights pursuant to this section. Upon
verification that the person has been granted a pardon and is eligible to
be restored to his civil rights, the court shall issue an order restoring
the person to his 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 pardon; or
(b) A court order restoring his civil rights,
Ê as proof that he has been restored to his civil rights.
[Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1973, 1845; 1977, 665;
2001, 1696 ; 2003, 2692 ; 2005, 2907 )
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 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)
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 him 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
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 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 , paragraph (a) or subparagraph (2) of
paragraph (b) of subsection 1 of NRS 201.195 , NRS 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 )
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
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
)
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)
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)
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 )
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 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 he 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 parole, probation or residential confinement.
(Added to NRS by 1983, 204; A 1987, 24; 1993, 1524; 1997, 1561,
3362; 1999, 669 )
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)
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
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 Chairman of the Board must be appointed by the Governor. The
Chairman 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
)
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
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 he was convicted;
(c) The county in which he was sentenced;
(d) The date of the sentence;
(e) The length of the sentence, including the minimum term and
maximum term 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 his sentence 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 he 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)
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)
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 )
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 Chairman 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 mental retardation.
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 )
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 himself; and
(f) The length of his incarceration.
3. 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.
4. 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.
5. 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.
6. 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 5; 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)
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)
1. For the purposes of NRS 213.107 to 213.157 ,
inclusive:
(a) The Chairman 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 Chairman 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 Chairman 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 him,
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 he 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)
Parole and Probation Officers
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 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 )
The Chief Parole
and Probation Officer shall devote his entire time and attention to the
business of his 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)
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.
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 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 work.
(Added to NRS by 1959, 798; A 1969, 597; 1973, 1565; 1977, 120,
288; 1983, 322; 1985, 396; 1993, 1523)
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
him 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)
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 he obtains in the pursuance of his
duty, unless he 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 him if he submits a claim to
the Division and establishes his 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 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)
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 he
obtains in the pursuance of his duty, unless he 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 he 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)
1. The Chief Parole and Probation Officer shall adopt by
regulation standards to assist him 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
1. Except as otherwise provided in this section and NRS 213.1214
and 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 213.130 .
3. When a person is convicted of a felony and is punished by a
sentence of imprisonment, he remains subject to the jurisdiction of the
Board from the time he is released on parole under the provisions of this
chapter until the expiration of the maximum term of imprisonment imposed
by the court less any credits earned to reduce his 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 it 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 that he does not have a
history of:
(a) Recent misconduct in the institution, and that he 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.410
until the law enforcement agency in whose jurisdiction the offender will
be released on parole has been provided an opportunity to give the notice
required by the Attorney General pursuant to NRS 179D.600 to 179D.800 , inclusive.
(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
)
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)
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 he 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 he 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 original sentence
as may be determined by the Board.
(Added to NRS by 1965, 435; A 1983, 726; 2001 Special Session, 201
)
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 he has served
one-third of the definite period of time for which he has been sentenced
pursuant to NRS 176.033 , less any
credits earned to reduce his 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 he has served the
minimum term of imprisonment imposed by the court. Any credits earned to
reduce his sentence pursuant to chapter 209
of NRS while the prisoner serves the minimum term of imprisonment may
reduce only the maximum term of imprisonment imposed and must not reduce
the minimum term of imprisonment.
[Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1957, 317; 1965, 434;
1967, 527; 1979, 1031; 1991, 1105; 1993, 137; 1995, 1259)
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.
(Added to NRS by 1993, 137)
1. The Board shall not release on parole a prisoner convicted of
an offense listed in subsection 5 unless a panel consisting of:
(a) The Administrator of the Division of Mental Health and
Developmental Services of the Department of Health and Human Services or
his designee;
(b) The Director of the Department of Corrections or his designee;
and
(c) A psychologist licensed to practice in this State or a
psychiatrist licensed to practice medicine in this State,
Ê certifies that the prisoner was under observation while confined in an
institution of the Department of Corrections and does not represent a
high risk to reoffend based upon a currently accepted standard of
assessment.
2. A prisoner who has been certified pursuant to subsection 1 and
who returns for any reason to the custody of the Department of
Corrections may not be paroled unless a panel recertifies him in the
manner set forth in subsection 1.
3. The panel may revoke the certification of a prisoner certified
pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be
certified or to continue to be certified. No prisoner may bring a cause
of action against the State, its political subdivisions, or the agencies,
boards, commissions, departments, officers or employees of the State or
its political subdivisions for not certifying a prisoner pursuant to this
section or for refusing to place a prisoner before a panel for
certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of
any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366 .
(b) Statutory sexual seduction pursuant to NRS 200.368 .
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400 .
(d) Abuse or neglect of a child pursuant to NRS 200.508 .
(e) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730 , inclusive.
(f) Incest pursuant to NRS 201.180 .
(g) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195 .
(h) Open or gross lewdness pursuant to NRS 201.210 .
(i) Indecent or obscene exposure pursuant to NRS 201.220 .
(j) Lewdness with a child pursuant to NRS 201.230 .
(k) Sexual penetration of a dead human body pursuant to NRS 201.450
.
(l) Luring a child or mentally ill person pursuant to NRS 201.560
, if punished as a felony.
(m) An attempt to commit an offense listed in paragraphs (a) to
(l), inclusive.
(n) An offense that is determined to be sexually motivated pursuant
to NRS 175.547 .
(o) Coercion or attempted coercion that is determined to be
sexually motivated pursuant to NRS 207.193 .
(Added to NRS by 1997, 2506; A 1999, 108 ; 2001, 1640 , 2799 ; 2001 Special Session, 201 ; 2003, 289 , 306 , 1392 ; 2005, 2878 )
1. Except as otherwise provided in subsections 3, 4 and 5 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 he must be released on parole 12 months before the end of his maximum
term, as reduced by any credits he has earned to reduce his sentence
pursuant to chapter 209 of NRS. The Board
shall prescribe any conditions necessary for the orderly conduct of the
parolee upon his release.
2. 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 .
3. If the Board finds, at least 2 months before a prisoner would
otherwise be paroled pursuant to subsection 1, that there is a reasonable
probability that the prisoner will be a danger to public safety while on
parole, the Board may require the prisoner to serve the balance of his
sentence and not grant the parole provided for in subsection 1.
4. If the prisoner is the subject of a lawful request from another
law enforcement agency that he be held or detained for release to that
agency, the prisoner must not be released on parole, but released to that
agency.
5. If the Division has not completed its establishment of a
program for the prisoner’s activities during his parole pursuant to this
section, the prisoner must be released on parole as soon as practicable
after the prisoner’s program is established.
6. 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 he may have earned to reduce his
sentence had he not been paroled.
(Added to NRS by 1987, 945; A 1991, 702; 1993, 1526; 1995, 1260)
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 he 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 )
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 his 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 own health, safety or welfare, or the health,
safety or welfare of another person.
(Added to NRS by 1997, 3361)
1. Before a person may be released on parole, he must submit to
the Division a signed document stating that:
(a) He will comply with the conditions of his parole; and
(b) If he fails to comply with the conditions of his parole and is
taken into custody outside of this state, he waives all his 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 he determines that such contact is
not necessary.
(Added to NRS by 1995, 27; A 1997, 1561)
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)
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 )
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 he has been assigned pursuant to NRS
209.4238 .
(Added to NRS by 1997, 2657)
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 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
residence, including, but not limited to, the transmission of still
visual images which do not concern the parolee’s activities while inside
his 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 residence,
Ê must not be used.
(Added to NRS by 1991, 2044; A 1993, 1527)
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. A person who commits a violation of a condition imposed on him
pursuant to the program of lifetime supervision is guilty of:
(a) If the violation constitutes a minor violation, a misdemeanor.
(b) If the violation constitutes a major violation, 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.
4. For the purposes of prosecution of a violation by a person of a
condition imposed upon him 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.
5. As used in this section:
(a) “Major violation” means a violation which poses a threat to the
safety or well-being of others and which involves:
(1) The commission of any crime that is punishable as a
gross misdemeanor or felony or any crime that involves a victim who is
less than 18 years of age;
(2) The use of a deadly weapon, explosives or a firearm;
(3) The use or threatened use of force or violence against a
person;
(4) Death or bodily injury of a person;
(5) An act of domestic violence;
(6) Harassment, stalking or threats of any kind; or
(7) The forcible or unlawful entry of a home, building,
structure or vehicle in which a person is present.
(b) “Minor violation” means a violation that does not constitute a
major violation.
(Added to NRS by 1995, 415; A 1997, 512, 1189; 2005, 2879 )
1. Except as otherwise provided in subsection 3, if the Board
releases on parole a prisoner convicted of an offense listed in NRS
179D.620 , 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 it has been approved by the parole
and probation officer assigned to the parolee and keep the parole and
probation officer informed of his 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 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 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 parole and probation officer assigned to the parolee, 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.410 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 be in or near:
(1) A playground, park, school or school grounds;
(2) A motion picture theater; or
(3) A business that primarily has children as customers or
conducts events that primarily children attend;
(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; and
(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 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; and
(e) If the victim or witness is a child under 18 years of age, each
parent, guardian or custodian of the child.
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 )
1. 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 2 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; and
(c) Prohibit the parolee from being on or near the grounds of any
place that is primarily designed for use by or for children, including,
without limitation, a public or private school, a center or facility that
provides day care services, a video arcade and an amusement park.
2. The provisions of subsection 1 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) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to subparagraph (1) of paragraph
(a) of subsection 1 of NRS 201.195 ;
(e) Lewdness with a child pursuant to NRS 201.230 ;
(f) Luring a child or mentally ill person pursuant to NRS 201.560
, if punished as a felony; or
(g) Any combination of the crimes listed in paragraphs (a) to (f),
inclusive.
(Added to NRS by 1997, 1722; A 1999, 470 ; 2001, 1142 , 2800 ; 2003, 22 , 1393 )
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 or electronic mail 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
mentally ill person 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 .
(Added to NRS by 2001, 2798 ; A 2003, 1393 )
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 him while on parole to the Division for
restitution.
2. All money received by the Division for restitution for:
(a) One victim may; and
(b) More than one victim must,
Ê be deposited in the State Treasury 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:
(a) If the money received from the parolee in a single payment is
$200 or more or if the total accumulated amount received from the parolee
is $200 or more, whenever money is received from the parolee.
(b) If the money received from the parolee in a single payment is
less than $200 or if the total accumulated amount received from the
parolee is less than $200, at the end of each year until the parolee has
paid the entire restitution owed.
Ê Any money received from the parolee that is remaining at the end of
each 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
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 inability to pay
the amount due. The defendant 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
in 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)
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)
A prisoner, parolee or a witness at the
hearing of a case who is a person with a disability as defined in NRS
50.050 is entitled to the services of
an interpreter at public expense, subject to the provisions of NRS 50.052
and 50.053 . The interpreter must be:
1. Qualified to engage in the practice of interpreting in this
State pursuant to subsection 2 of NRS 656A.100 ; and
2. Appointed by the Chairman of the Board or other person who
presides at the hearing.
(Added to NRS by 1979, 657; A 2001, 1777 )
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 State Board of Parole Commissioners 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 must be open to the public.
4. 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 his rights pursuant to this
subsection, if the victim has requested notification in writing and has
provided his 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
rights pursuant to this subsection and he 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 Board.
7. 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. For the purposes of this section, “victim” has the meaning
ascribed to it in NRS 213.005 .
[12:149:1933; 1931 NCL § 11580]—(NRS A 1957, 333, 740; 1973, 844;
1977, 263; 1983, 1332, 1439, 1658; 1995, 408, 2067, 2069; 1997, 3245;
1999, 132 , 1279 ; 2001 Special Session, 202 )
1. Except as otherwise provided in subsections 6 and 7, 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 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
Chairman must concur in the recommendation.
(Added to NRS by 1965, 1142; A 1981, 75; 1995, 2292; 1999, 133
)
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 Chairman 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)
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 his release 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 his plan is not approved by the Division, assist the
prisoner to develop a plan for his placement upon release,
Ê before he 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 )
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 sentence, not including any
credits which may be allowed against his sentence, when the Board denies
his parole, the elapsed time between hearings must not exceed 5 years.
(Added to NRS by 1973, 190; A 1995, 1360; 1999, 134 )
1. A parolees’ revolving loan account in the sum of $4,500 is
hereby created for the use of the Board.
2. The account must be under the control of the Chief Parole and
Probation Officer, who shall use the account to provide loans to
individual parolees in an amount not to exceed $300 to assist in
purchasing job tools or equipment, transportation to home or job or for
food and rent until a steady income can be obtained. These loans may be
made at a rate of interest not to exceed 4 percent.
3. Terms of repayment must be established at the time of making
the loan but the Chief Parole and Probation Officer may alter the terms
if the best interests of the parolee and the State would be served by
doing so. Willful failure to make payments on the loan is a ground, in
the discretion of the Board, for revocation of parole.
4. The account is nonreverting, except to the extent that the cash
balance of the account exceeds $4,500 at the end of each fiscal year, the
excess cash must be credited to the State General Fund.
(Added to NRS by 1967, 872; A 1979, 101; 1991, 1355)
Parole Violators
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)
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 he has committed acts that would
constitute a violation of his parole.
4. Except as otherwise provided in subsection 5, after arresting a
paroled prisoner for violation of a condition of his parole and placing
him 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 parole.
5. A parole and probation officer or a peace officer may
immediately release from custody without any further proceedings any
person he 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)
1. If a parolee is incarcerated in a county jail for a violation
of a condition of his parole or because his 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 him 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 )
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
parole.
(Added to NRS by 1991, 311)
1. Before a parolee who has been arrested and is in custody for a
violation of his 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 he 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 he 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 )
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 parole have been
alleged.
2. The inquiring officer shall allow the parolee to:
(a) Appear and speak on his 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 him
unless, in the opinion of the inquiring officer, the informant would be
subjected to a risk of harm by the disclosure of his identity.
(Added to NRS by 1975, 196; A 1983, 269)
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 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)
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 parole and return him to confinement.
2. The Chief shall take whichever action under subsection 1 he
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 return to the custody of the Department of
Corrections or his 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 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 )
1. If a parolee violates a condition of his parole, he forfeits
all or part of the credits earned by him pursuant to NRS 209.447 and 209.4475 after his 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 Parole and Probation Officer 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 )
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 location as required by the conditions of his parole shall be deemed
an escaped prisoner and arrested as such.
2. Except as otherwise provided in subsection 2 of NRS 213.1519
, if his parole is lawfully revoked and
he is thereafter returned to prison, he forfeits all previously earned
credits earned to reduce his sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired
maximum term of his 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 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 )
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 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 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 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 )
1. Except as otherwise provided in subsection 2, a parolee whose
parole is revoked by decision of the Board for a violation of any rule or
regulation governing his conduct:
(a) Forfeits all credits previously earned to reduce his sentence
pursuant to chapter 209 of NRS; and
(b) Must serve such part of the unexpired maximum term of his
original sentence as may be determined by the Board. The Board may
restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for having been
convicted of a new felony:
(a) Forfeits all credits previously earned to reduce his sentence
pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term of his original
sentence; and
(c) May not again be released on parole during his term of
imprisonment.
(Added to NRS by 1975, 197; A 1987, 947; 1991, 1411; 1995, 1260;
2003, 428 )
1. Except as otherwise provided in subsection 6, the Chief may
order the residential confinement of a parolee if he 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 residence during the
time he is away from his 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 residence or other
locations where he is expected to be to determine whether he is complying
with the terms of his 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 residence, including, without limitation,
the transmission of still visual images which do not concern the
activities of the parolee while inside his 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 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 )
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 order to be delivered to the parolee.
(Added to NRS by 1991, 312)
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 residential
confinement; or
(b) The Chief Parole and Probation Officer, in his 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
residential confinement.
(Added to NRS by 1991, 312)
1. Except as otherwise provided in subsection 6, if a parolee
violates a condition of his parole, the Board may order him to a term of
residential confinement in lieu of suspending his parole and returning
him 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 the parolee to be confined to his residence during the
time he is away from his 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 residence or other
locations where he is expected to be in order to determine whether he is
complying with the terms of his confinement.
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
residence, including, but not limited to, the transmission of still
visual images which do not concern the activities of the person while
inside his 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 residence,
Ê must not be used.
4. The Board shall not order a parolee to a term of residential
confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the
unexpired maximum term of the original sentence of the parolee.
6. 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.
(Added to NRS by 1987, 2232; A 1991, 58; 1993, 1529; 1995, 1261;
1997, 1817; 2001 Special Session, 139 )
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)
If it is determined that the parolee
violated any term or condition of his residential confinement, the order
may be rescinded, modified or continued, and his parole may be revoked.
(Added to NRS by 1987, 2233)
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)
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
parole, the Board shall, if practicable, order the parolee to make
restitution for any necessary expenses incurred by a governmental entity
in returning him to the Board for violation of his parole.
(Added to NRS by 1959, 799; A 1969, 640; 1973, 170; 1983, 237;
1991, 1755; 1993, 937, 1529; 1995, 551)
Discharge From Parole
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 parole for the entire period of
his parole; or
(b) Demonstrated his 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
he 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
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 honorable discharge from
parole, is restored to the right to hold office.
(c) Six years after the date of his 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 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
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 civil rights as
set forth in subsection 1.
3. Except for a person subject to the limitations set forth in
subsection 2, upon his honorable discharge from parole, a person so
discharged must be given an official document which provides:
(a) That he has received an honorable discharge from parole;
(b) That he has been restored to his civil rights to vote and to
serve as a juror in a civil action as of the date of his honorable
discharge from parole;
(c) The date on which his civil right to hold office will be
restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a
criminal action will be restored to him 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 honorable discharge from parole
is lost, damaged or destroyed may file a written request with a court of
competent jurisdiction to restore his 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 honorable discharge from parole,
if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
Ê as proof that he 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 )
1. Except as otherwise provided in subsection 2, a person
convicted of a felony in the State of Nevada who has served his 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 release from prison, is
restored to the right to hold office.
(c) Six years after the date of his 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 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 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 civil rights as
set forth in subsection 1.
3. Except for a person subject to the limitations set forth in
subsection 2, upon his release from prison, a person so released must be
given an official document which provides:
(a) That he has been released from prison;
(b) That he has been restored to his civil rights to vote and to
serve as a juror in a civil action as of the date of his release from
prison;
(c) The date on which his civil right to hold office will be
restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a
criminal action will be restored to him 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 release from prison is lost, damaged or
destroyed may file a written request with a court of competent
jurisdiction to restore his 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 release from prison, if it
contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
Ê as proof that he 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
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 chairman 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 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
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 )
“Department” means the
Department of Corrections.
(Added to NRS by 2003, 2581 )
“Director” means the Director of
the Department.
(Added to NRS by 2003, 2581 )
“Program” means a program of work
release that is established by the Department pursuant to NRS 213.300
.
(Added to NRS by 2003, 2581 )
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 )
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 he
determines to be eligible for the program, and the Director shall refer
the names of those offenders to the Chairman 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 )
1. Except as otherwise provided in this section, an offender who
is illiterate is not eligible to participate in a program unless:
(a) He 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 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 he
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
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
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 he has a high school
diploma or a general educational development certificate; 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 )
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 )
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 ability to pay.
(b) To allow the offender necessary travel expense to and from work
and his 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 him 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 release from custody.
(Added to NRS by 1977, 855; A 2003, 2584 )
1. An offender enrolled in the program is not an agent, employee
or servant of the Department while he 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 )
1. The Director may immediately terminate any offender’s
enrollment in the program and transfer him to an institution of the
Department if, in his 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 place
of employment without a reason acceptable to the Director, the offender’s
absence:
(a) Immediately terminates his 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
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 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 )
Upon the determination, pursuant to NRS 484.3796 , that an offender is an abuser of alcohol or drugs and that
he can be treated successfully for his 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 he 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)
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 residence during the
time he 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 residence or other locations where he is
expected to be in order to determine whether he is complying with the
terms and conditions of his 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 residence, including, but not limited to, the
transmission of still visual images which do not concern the offender’s
activities while inside his 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 residence,
Ê must not be used.
(Added to NRS by 1991, 783; A 1993, 1530; 1997, 2413)
The
Chief Parole and Probation Officer shall:
1. Furnish to an offender a written statement of the terms and
conditions of his 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 )
1. If an offender is absent, without authorization, from his
residence, employment, treatment, including, but not limited to, medical
treatment, or any other activity authorized by the Division, he 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 )
1. Whenever it is alleged that an offender has escaped or
otherwise violated the terms or conditions of his 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 escape or violation of a term or condition of
his 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 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
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 )
“Board” means the State Board of
Parole Commissioners.
(Added to NRS by 2001, 1165 )
“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 )
“Director” means the Director of
the Department of Corrections.
(Added to NRS by 2003, 2581 )
“Division” means the Division of
Parole and Probation of the Department of Public Safety.
(Added to NRS by 2001, 1165 )
“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 )
“Reentry court” means the
court in a judicial district that has established a judicial program.
(Added to NRS by 2001, 1165 ; A 2003, 2585 )
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 Chairman 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
parole to the reentry court if the Chairman 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 crime.
2. Except as otherwise provided in this section, if the Chairman
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 parole, order him to participate in and complete the judicial
program as a condition of the continuation of his parole and in lieu of
revoking his parole and returning him 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 he 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 of the person’s original sentence.
(Added to NRS by 2001, 1165 ; A 2003, 2585 )
1. If the reentry court determines that a parolee has violated a
term or condition of his participation in the judicial program or a term
or condition of his 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 )
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 Chairman 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
parole to the Director if the Chairman 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 crime.
2. Except as otherwise provided in this section, if the Chairman
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 parole, order him to participate in and complete the correctional
program as a condition of the continuation of his parole and in lieu of
revoking his parole and returning him 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 he 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 of the person’s
original sentence.
(Added to NRS by 2003, 2581 )
1. If the Director determines that a parolee has violated a term
or condition of his participation in the correctional program or a term
or condition of his 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 )
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 )
