Coles v. BisbeeAnnotate this Case
The Supreme Court held that the Parole Board’s use of the Static-99R recidivism risk assessment comports with Nev. Rev. Stat. 213.1214’s assessment requirements, that changes to parole procedures do not constitute an ex post facto violation, and that the use of the Static-99R assessment does not violate an inmate’s due process rights.
As part of Appellant’s parole review, his recidivism risk was assessed with the Static-99R risk assessment. The assessment classified Appellant as a high risk to recidivate, and the Parole Board denied parole. Appellant filed a petition for declaratory judgment challenging the Static-99R assessment. The district court granted the State’s motion to dismiss for failure to state a claim. The Supreme Court affirmed, holding (1) the district court did not err in denying Appellant’s claim that the Static-99R assessment was not formally adopted as or determined to be a “currently accepted standard of assessment” for use in Appellant’s parole hearing; (2) because Appellant failed to show that changes to the parole statute enacted after his conviction created a risk of prolonged imprisonment, they did not constitute impermissible ex post facto punishment; and (3) the district court did not err in denying Appellant’s claim that the use of the Static-99R violated his due process rights.