2005 Nevada Revised Statutes - Chapter 213 — Pardons and Paroles; Remissions of Fines and Commutations of Punishments

CHAPTER 213 - PARDONS AND PAROLES;REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS

PARDONS, REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS;STATE BOARD OF PARDONS COMMISSIONERS

NRS 213.005 Definitions.

NRS 213.010 StateBoard of Pardons Commissioners: Members; meetings; notice of meetings tovictim.

NRS 213.015 Salariesof certain Board members who are justices of Supreme Court.

NRS 213.017 Secretaryof Board: Appointment; qualifications; duties.

NRS 213.020 Noticeof application for remission, commutation, pardon or restoration of civilrights: Contents; service.

NRS 213.030 Whennotice of application not required.

NRS 213.040 Districtattorneys to furnish Board with statement upon receipt of notice of applicationfor remission, commutation or pardon; notice of application to victim.

NRS 213.050 Boardmembers may administer oaths; certification of affidavits and depositions byjudges, county clerks and notaries public.

NRS 213.055 Personwith disability entitled to services of interpreter at hearing.

NRS 213.060 Procedurewhen judgment of fine or forfeiture is remitted.

NRS 213.070 Finesand forfeitures do not include discharge from liability on bail bond.

NRS 213.080 Procedurewhen death penalty is commuted.

NRS 213.085 Boardprohibited from commuting sentence of death or imprisonment for life withoutpossibility of parole to sentence that would allow parole.

NRS 213.090 Pardon:Restoration of civil rights; relieved of disabilities; limitations.

NRS 213.095 Noticeby Board to victim if clemency granted.

NRS 213.100 Orderof discharge when clemency granted.

PAROLE

General Provisions

NRS 213.107 Definitions.

NRS 213.10705 Legislativedeclaration concerning parole, probation and residential confinement.

Division of Parole and Probation of the Department ofPublic Safety

NRS 213.1071 Division:Creation; composition; Chief.

NRS 213.1072 Chief:Duties.

NRS 213.1073 Chief:Powers.

NRS 213.1075 Informationobtained by employees of Division or Board privileged; nondisclosure.

NRS 213.1076 Feeto defray costs of supervision; regulations; waiver.

NRS 213.1077 Contractsand agreements with Federal Government.

NRS 213.1078 Levelof supervision of probationer or parolee; review; notice to probationer orparolee of change in level.

State Board of Parole Commissioners

NRS 213.108 Creation;members; Chairman; qualifications; decisions.

NRS 213.1085 ExecutiveSecretary: Appointment; unclassified service; qualifications; duties.

NRS 213.1086 Methodof payment of compensation, salaries and expenses of Executive Secretary andemployees.

NRS 213.1087 Termsof members; vacancies; other employment prohibited; administration of oaths;certification of affidavits and depositions.

NRS 213.1088 Programof orientation for new members and case hearing representatives; continuingeducation of members and case hearing representatives.

NRS 213.10885 Boardto adopt standards for granting or revocation of parole; sample form regardingprobability of success on parole to be made available to public; review ofeffectiveness of standards; report to Legislature.

NRS 213.10887 Boardto compile, maintain, organize and tabulate information concerning decisionsregarding parole.

NRS 213.1089 Subpoenas.

Parole and Probation Officers

NRS 213.1092 Chief:Appointment; qualifications.

NRS 213.1094 Chief:Other employment prohibited.

NRS 213.1095 Chief:Powers and duties.

NRS 213.1096 Powersand duties of assistant parole and probation officers.

NRS 213.10983 Seizure,custody, use and sale of property other than dangerous instrument or weapon.

NRS 213.10985 Seizure,custody, use and sale of dangerous instrument or weapon.

NRS 213.10988 Chiefto adopt standards for recommendations regarding parole or probation.

Release of Prisoner on Parole

NRS 213.1099 Limitationson Boards power to release prisoners on parole.

NRS 213.110 Regulationsregarding parole; suspension of parole to permit induction into militaryservice.

NRS 213.115 Releaseof certain prisoners on parole at request of authorities of other jurisdictionsfor prosecution.

NRS 213.120 Whenprisoner becomes eligible for parole.

NRS 213.1213 Eligibilityfor parole of prisoner sentenced to serve two or more concurrent sentences isbased on sentence with longest period.

NRS 213.1214 Prisonersrequired to be certified by panel before release on parole; recertificationrequired if prisoner returns to custody; revocation of certification; immunity.

NRS 213.1215 Mandatoryrelease of certain prisoners.

NRS 213.1216 Releaseof prisoner whose conduct during commission of crime satisfies requirements forenhancement for certain crimes against older persons.

NRS 213.12175 Boardmay impose any reasonable conditions on parolee to protect health, safety andwelfare of community.

NRS 213.1218 Personto submit signed document before being released on parole; Division to contactperson released on parole within 5 days unless waived by Chief.

NRS 213.122 Chiefto develop statewide plan for strict supervision of parolees.

NRS 213.123 Impositionof tests to determine use of controlled substance as condition of parole.

NRS 213.1235 Programof aftercare following assignment to therapeutic community as condition ofparole.

NRS 213.124 Impositionof program of intensive supervision as condition of parole; Chief to developprogram; program to include electronic supervision of parolee.

NRS 213.1243 Releaseof sex offender: Program of lifetime supervision; penalty.

NRS 213.1245 Prisonerconvicted of sexual offense: Mandatory conditions of parole.

NRS 213.1255 Prisonerconvicted of sexual offense against child under 14: Additional conditions ofparole required when appropriate.

NRS 213.1258 Conditionsrelating to computers and use of Internet and other electronic means ofcommunication; powers and duties of Board; exceptions.

NRS 213.126 Requirementof restitution as condition of parole; Restitution Trust Fund.

NRS 213.1263 Boardmay prohibit association with members of criminal gang as condition of parole.

NRS 213.128 Personwith disability entitled to services of interpreter at hearing of case.

NRS 213.130 Departmentof Corrections to determine eligibility for parole and provide data to Board;use of photographs related to offense when considering parole; meetings toconsider prisoner for parole; notice to victim.

NRS 213.133 Delegationof Boards authority to hear and act upon parole of prisoner and issues beforeBoard.

NRS 213.135 Casehearing representatives: Board may maintain list of eligible persons;qualifications; designation.

NRS 213.140 Boardto consider parole of eligible prisoner; release may be authorized whether ornot prisoner accepts parole; duties of Division when parole is authorized;adoption of regulations.

NRS 213.142 Rehearingto be scheduled if parole denied.

NRS 213.145 ParoleesRevolving Account: Creation; use; reversion of balances.

Parole Violators

NRS 213.150 Boardsauthority to adopt regulations covering conduct of parolees; Boards authorityto retake parolees.

NRS 213.151 Arrestof alleged violator of parole: Powers and duties of peace officers.

NRS 213.15103 Incarcerationand custody of parolee who violates condition of parole; duty of Division.

NRS 213.15105 Placementof alleged parole violator in residential confinement pending inquiry.

NRS 213.1511 Inquiryto determine probable cause to believe violation occurred: Inquiring officer;place and time of inquiry; oaths.

NRS 213.1513 Inquiryto determine probable cause to believe violation occurred: Notice to parolee;rights of parolee.

NRS 213.1515 Inquiryto determine probable cause to believe violation occurred: Findings anddeterminations of inquiring officer; continued detention of parolee.

NRS 213.1517 Actionsby Chief and Board after determination of existence of probable cause tocontinue detention of paroled prisoner.

NRS 213.1518 Effectof violation of condition of parole, forfeiture and restoration of credits.

NRS 213.15185 Whenparoled prisoner deemed escaped prisoner; loss of credits; service of unexpiredterm of imprisonment.

NRS 213.15187 Convictionand incarceration of paroled prisoner in other jurisdiction; revocation orcontinuation of parole.

NRS 213.1519 Effectof parole revocation.

NRS 213.15193 Residentialconfinement of alleged violator of parole: Requirements; electronicsupervision.

NRS 213.15195 Residentialconfinement of alleged violator of parole: Terms and conditions; notificationof parolee.

NRS 213.15198 Residentialconfinement of alleged violator of parole: Termination by Chief Parole andProbation Officer.

NRS 213.152 Residentialconfinement of violator of parole: Authority of Board; requirements; electronicsupervision.

NRS 213.1524 Residentialconfinement of violator of parole: Terms and conditions; notification ofparolee.

NRS 213.1526 Residentialconfinement of violator of parole: Violation of term or condition.

NRS 213.1528 Residentialconfinement of violator of parole: Program of supervision.

NRS 213.153 Paymentof expenses of returning person for violating parole; restitution for expensesincurred in return.

 

Discharge From Parole

NRS 213.154 Divisionto issue honorable or dishonorable discharge to parolee whose term of sentencehas expired; unpaid restitution constitutes civil liability.

 

Civil Rights of Paroled Prisoners

NRS 213.155 Restorationof civil rights; limitations.

NRS 213.157 Restorationof civil rights after sentence served; limitations.

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

NRS 213.215 Enactmentof Compact.

PROGRAM FOR WORK RELEASE

NRS 213.291 Definitions.

NRS 213.293 Departmentdefined.

NRS 213.294 Directordefined.

NRS 213.297 Programdefined.

NRS 213.300 Establishmentof program.

NRS 213.310 Selectionand referral of offenders for enrollment in program.

NRS 213.315 Eligibilityof illiterate offenders, offenders whose native language is not English andoffenders with developmental, learning and other disabilities.

NRS 213.320 Administrationof program; duties of Director.

NRS 213.330 Dispositionof salaries and wages of offender.

NRS 213.350 Enrolleesnot agents or employees of State; status.

NRS 213.360 Terminationof enrollment; unauthorized absence constitutes escape.

RESIDENTIAL CONFINEMENT OF OFFENDERS

NRS 213.371 Definitions.

NRS 213.375 Determinationof eligibility for residential confinement after determining that offender isabuser of alcohol or drugs.

NRS 213.380 Divisionto establish procedures for and conditions of residential confinement; use ofelectronic device.

NRS 213.390 Dutiesof Chief Parole and Probation Officer.

NRS 213.400 Effectof absence of offender from residence, employment, treatment or otherauthorized activity.

NRS 213.410 Divisionto conduct inquiry regarding escape of offender from residential confinement orother violation of term or condition of residential confinement; duties ofinquiring officer.

PROGRAMS OF REENTRY INTO COMMUNITY

NRS 213.600 Definitions.

NRS 213.605 Boarddefined.

NRS 213.607 Correctionalprogram defined.

NRS 213.609 Directordefined.

NRS 213.610 Divisiondefined.

NRS 213.615 Judicialprogram defined.

NRS 213.620 Reentrycourt defined.

NRS 213.625 Judicialprogram: Referral of offender to reentry court; requirement of participating inprogram as condition of parole; powers and duties of Board.

NRS 213.630 Effectof violation of term or condition of judicial program or parole; powers ofreentry court; duties of Board.

NRS 213.632 Referralof prisoner or parolee to be considered for participation in correctionalprogram; participation as condition of parole; considerations; regulations;limitations.

NRS 213.633 Violationof term or condition of correctional program or of parole to be reported toBoard.

NRS 213.635 Supervisionof participant in correctional or judicial program.

_________

PARDONS, REMISSIONS OF FINES AND COMMUTATIONS OFPUNISHMENTS; STATE BOARD OF PARDONS COMMISSIONERS

NRS 213.005 Definitions. As used in NRS 213.005to 213.100, inclusive, unless thecontext otherwise requires:

1. Board means the State Board of PardonsCommissioners.

2. Secretary means the Secretary of the Board.

3. Victim includes:

(a) A person, including a governmental entity, againstwhom a crime has been committed;

(b) A person who has been injured or killed as a directresult 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 adoptedchild;

(3) A grandchild, brother, sister, half brotheror half sister; or

(4) A parent of a spouse.

(Added to NRS by 1983, 1330; A 1995, 1258, 2388; 2005, 2906)

NRS 213.010 StateBoard of Pardons Commissioners: Members; meetings; notice of meetings tovictim.

1. The State Board of Pardons Commissioners consistsof the Governor, the justices of the Supreme Court and the Attorney General.

2. Meetings of the Board for the purpose ofconsidering applications for clemency may be held semiannually or oftener, onsuch dates as may be fixed by the Board.

3. The Board shall give written notice at least 15days before a meeting to each victim of the crimes committed by each personwhose application for clemency will be considered at the meeting, if the victimso requests in writing and provides his current address. If a current addressis not provided, the Board may not be held responsible if the notice is notreceived by the victim. The victim may submit a written response to the Boardat any time before the meeting. All personal information, including, but notlimited to, a current or former address, which pertains to a victim and whichis 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)

NRS 213.015 Salariesof certain Board members who are justices of Supreme Court.

1. A member of the Board who has served as a districtjudge or as a justice of the Supreme Court, or any combination thereof, for atleast 4 years, is entitled to compensation as a member of the Board in theamount of 2 percent of his annual salary as a justice of the Supreme Court foreach 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 hisservice on the Board must not exceed 22 percent of his annual salary as ajustice of the Supreme Court.

2. The salaries provided for in this section must bepaid out of money provided by direct legislative appropriation from the StateGeneral 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)

NRS 213.017 Secretaryof Board: Appointment; qualifications; duties.

1. The Chairman of the State Board of ParoleCommissioners shall appoint a person to serve as Secretary of the State Boardof Pardons Commissioners.

2. The Secretary must be selected on the basis of histraining, experience, capacity and interest in correctional services.

3. The Secretary shall perform such duties as arerequired 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 theBoard and the State Board of Parole Commissioners; and

(c) Establishing and facilitating the procedures bywhich a person may apply to have a fine or forfeiture remitted, a punishmentcommuted, a pardon granted or his civil rights restored by the Board.

(Added to NRS by 1973, 804; A 2003, 427)

NRS 213.020 Noticeof application for remission, commutation, pardon or restoration of civilrights: Contents; service.

1. Any person intending to apply to have a fine orforfeiture remitted, a punishment commuted, a pardon granted or his civilrights restored, or any person acting on his behalf, must submit an applicationto the Board, in accordance with the procedures established by the Secretarypursuant to NRS 213.017, specifyingtherein:

(a) The court in which the judgment was rendered;

(b) The amount of the fine or forfeiture, or the kindor character of punishment;

(c) The name of the person in whose favor theapplication is to be made;

(d) The particular grounds upon which the applicationwill be based; and

(e) Any other information deemed relevant by theSecretary.

2. A person must not be required to pay a fee to havea fine or forfeiture remitted, a punishment commuted, a pardon granted or hiscivil rights restored pursuant to this section.

3. The Secretary shall submit notice of the date, timeand location of the meeting to consider the application and one copy of theapplication to the district attorney and to the district judge of the countywherein the person was convicted. In cases of fines and forfeitures, notice ofthe date, time and location of the meeting to consider the application mustalso be served on the chairman of the board of county commissioners of thecounty wherein the person was convicted.

4. Notice of the date, time and location of a meetingto consider an application pursuant to this section must be served upon theappropriate persons as required in this section at least 30 days before thepresentation 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)

NRS 213.030 Whennotice of application not required. No noticeshall be required of an application for:

1. A restoration to citizenship to take effect at theexpiration of a term of imprisonment; or

2. The commutation of the death penalty.

[9:149:1933; 1931 NCL 11577]

NRS 213.040 Districtattorneys to furnish Board with statement upon receipt of notice of applicationfor remission, commutation or pardon; notice of application to victim. All district attorneys receiving notice of an applicationfor a pardon, or commutation of punishment, or remission of fine or forfeiture,shall transmit forthwith to:

1. The Board a statement in writing of factssurrounding the commission of the offense for which the applicant isincarcerated or subject to penalty and any information affecting the merits ofthe application.

2. Each victim of the person applying for clemency acopy of the notice of the application, if the victim so requests in writing andprovides his current address. If a current address is not provided, thedistrict attorney may not be held responsible if a copy of the notice is notreceived by the victim. All personal information, including, but not limited to,a current or former address, which pertains to a victim and which is receivedby the district attorney pursuant to this subsection is confidential.

[6:149:1933; 1931 NCL 11574](NRS A 1957, 333;1983, 1331; 1997, 3244)

NRS 213.050 Boardmembers may administer oaths; certification of affidavits and depositions byjudges, county clerks and notaries public.

1. Any member of the Board shall have authority toadminister an oath or affirmation to any person offering to testify upon thehearing of an application for a pardon, or the commutation of a punishment, orthe remission of a fine or forfeiture.

2. Any district judge, county clerk or notary publicmay take and certify affidavits and depositions to be used upon such applications,either for or against the same.

[7:149:1933; 1931 NCL 11575](NRS A 1957, 738)

NRS 213.055 Personwith disability entitled to services of interpreter at hearing. An applicant or a witness at a hearing upon an applicationfor clemency who is a person with a disability as defined in NRS 50.050 is entitled to the services ofan 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 interpretingin this State pursuant to subsection 2 of NRS656A.100; and

2. Appointed by the Governor or a member of the Boarddesignated by him.

(Added to NRS by 1979, 657; A 2001, 1776)

NRS 213.060 Procedurewhen judgment of fine or forfeiture is remitted. Wheneveracting as the Board, the Governor, justices of the Supreme Court and theAttorney General, or the major part of them, the Governor being one, shallremit any judgment of fine or forfeiture, a certificate reciting the fine orforfeiture remitted, duly signed and attested with the Great Seal of the State,shall be filed in the clerks office of the court wherein the judgment of fineor forfeiture was entered, and the clerk shall make an entry in the judgmentdocket or other proper place, showing that the fine or forfeiture is remitted,which filing and entry shall be evidence of the satisfaction thereof.

[2:149:1933; 1931 NCL 11570]

NRS 213.070 Finesand forfeitures do not include discharge from liability on bail bond. The fines and forfeitures mentioned in this chapter shallnot be so construed as to include the remittance or discharge from liability onany bail bond.

[10:149:1933; 1931 NCL 11578]

NRS 213.080 Procedurewhen death penalty is commuted.

1. Whenever any punishment involving the death penaltyis commuted, a statement in writing shall be made out and signed reciting:

(a) The name of the person whose punishment iscommuted.

(b) The time and place where convicted.

(c) The amount, kind and character of punishmentsubstituted instead of the death penalty.

(d) The place where the substituted punishment is to beserved out or suffered.

2. The statement shall be directed to the properofficer or authority charged by law with the safekeeping and execution of thepunishment. The statement, attested with the Great Seal of this state, shall besufficient authority for such officer or authority to receive and retain theperson named in the statement as therein directed, and the officer or authoritynamed in the statement must receive the person whose punishment has beencommuted, and retain him as directed.

[3:149:1933; 1931 NCL 11571]

NRS 213.085 Boardprohibited from commuting sentence of death or imprisonment for life withoutpossibility of parole to sentence that would allow parole.

1. If a person is convicted of murder of the firstdegree 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 forlife without the possibility of parole,

to asentence that would allow parole.

2. If a person is convicted of any crime other thanmurder of the first degree on or after July 1, 1995, the board shall notcommute:

(a) A sentence of death; or

(b) A sentence of imprisonment in the state prison forlife without the possibility of parole,

to asentence that would allow parole.

(Added to NRS by 1995, 1258)

NRS 213.090 Pardon:Restoration of civil rights; relieved of disabilities; limitations.

1. A person who is granted a full, unconditionalpardon by the Board is restored to all civil rights and is relieved of alldisabilities incurred upon conviction.

2. A pardon granted by the Board shall be deemed to bea full, unconditional pardon unless the official document issued pursuant tosubsection 3 explicitly limits the restoration of the civil rights of theperson or does not relieve the person of all disabilities incurred uponconviction.

3. Upon being granted a pardon by the Board, a personso pardoned must be given an official document which provides that he has beengranted a pardon. If the person has not been granted a full, unconditionalpardon, the official document must explicitly state all limitations on therestoration of the civil rights of the person and all disabilities incurredupon conviction from which the person is not relieved.

4. A person who has been granted a pardon in this Stateor elsewhere and whose official documentation of his pardon is lost, damaged ordestroyed may file a written request with a court of competent jurisdiction torestore his civil rights pursuant to this section. Upon verification that theperson has been granted a pardon and is eligible to be restored to his civilrights, the court shall issue an order restoring the person to his civilrights. 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 thisState or elsewhere may present:

(a) Official documentation of his pardon; or

(b) A court order restoring his civil rights,

as proofthat 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)

NRS 213.095 Noticeby Board to victim if clemency granted. If theBoard remits a fine or forfeiture, commutes a sentence or grants a pardon, itshall give written notice of its action to the victim of the person grantedclemency, if the victim so requests in writing and provides his currentaddress. If a current address is not provided, the Board may not be heldresponsible if the notice is not received by the victim. All personalinformation, including, but not limited to, a current or former address, whichpertains to a victim and which is received by the Board pursuant to thissection is confidential.

(Added to NRS by 1983, 1330; A 1997, 3245)

NRS 213.100 Orderof discharge when clemency granted. Wheneverclemency is granted by the Board, there shall be served upon the Director ofthe Department of Corrections or other officer having the person in custody, anorder to discharge him therefrom upon a day to be named in the order, upon theconditions, limitations or restrictions named therein.

[Part 5:149:1933; 1931 NCL 11573](NRS A 1977, 870;2001 SpecialSession, 199)

PAROLE

General Provisions

NRS 213.107 Definitions.As used in NRS 213.107 to 213.157, inclusive, unless the contextotherwise requires:

1. Board means the State Board of ParoleCommissioners.

2. Chief means the Chief Parole and ProbationOfficer.

3. Division means the Division of Parole andProbation of the Department of Public Safety.

4. Residential confinement means the confinement ofa person convicted of a crime to his place of residence under the terms andconditions established by the Board.

5. Sex offender means any person who has been or isconvicted of a sexual offense.

6. Sexual offense means:

(a) A violation of NRS200.366, 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 NRS201.195, NRS 201.230 or 201.450, or paragraph (a) or (b) ofsubsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

(b) An attempt to commit any offense listed inparagraph (a); or

(c) An act of murder in the first or second degree,kidnapping in the first or second degree, false imprisonment, burglary orinvasion of the home if the act is determined to be sexually motivated at ahearing conducted pursuant to NRS 175.547.

7. Standards means the objective standards forgranting or revoking parole or probation which are adopted by the Board or theChief.

(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)

NRS 213.10705 Legislativedeclaration concerning parole, probation and residential confinement. The Legislature finds and declares that the release orcontinuation of a person on parole or probation is an act of grace of theState. No person has a right to parole or probation, or to be placed inresidential confinement, and it is not intended that the establishment ofstandards relating thereto create any such right or interest in liberty orproperty or establish a basis for any cause of action against the State, itspolitical subdivisions, agencies, boards, commissions, departments, officers oremployees.

(Added to NRS by 1989, 1885; A 1991,316)(Substituted in revision for NRS 213.10989)

Division of Parole and Probation of the Department ofPublic Safety

NRS 213.1071 Division:Creation; composition; Chief.

1. There is hereby created the Division of Parole andProbation of the Department of Public Safety.

2. The Division consists of the Chief and suchsections as the Chief may create with the approval of the Director of theDepartment of Public Safety.

3. The Chief of the Division is the Chief Parole andProbation Officer.

(Added to NRS by 1969, 596; A 1977, 285; 1993, 1522; 2001, 2589)

NRS 213.1072 Chief:Duties. The Chief shall:

1. Administer all activities and services of theDivision.

2. Be responsible for the management of the Division.

(Added to NRS by 1969, 596; A 1977, 286; 1993, 1522)

NRS 213.1073 Chief:Powers. The Chief may:

1. Organize the Division to provide maximum efficiencyin carrying out its duties.

2. Appoint the heads of sections as established.

3. Appoint such assistants and other employees as maybe required to administer the duties imposed by law upon the Board and theDivision within the limits of appropriations.

4. Set standards of service.

(Added to NRS by 1969, 596; A 1977, 286; 1993, 1522)

NRS 213.1075 Informationobtained by employees of Division or Board privileged; nondisclosure. Except as otherwise provided by specific statute, allinformation obtained in the discharge of official duty by an employee of theDivision or the Board is privileged and may not be disclosed directly orindirectly to anyone other than the Board, the judge, district attorney orothers entitled to receive such information, unless otherwise ordered by theBoard or judge or necessary to perform the duties of the Division.

(Added to NRS by 1959, 799; A 1975, 179; 1993, 1524;1995, 2066; 1997, 837; 2005,83)

NRS 213.1076 Feeto defray costs of supervision; regulations; waiver.

1. The Division shall:

(a) Except as otherwise provided in this section,charge each parolee, probationer or person supervised by the Division throughresidential confinement a fee to defray the cost of his supervision.

(b) Adopt by regulation a schedule of fees to defraythe costs of supervision of a parolee, probationer or person supervised by theDivision through residential confinement. The regulation must provide for amonthly fee of at least $30.

2. The Chief may waive the fee to defray the cost ofsupervision, in whole or in part, if he determines that payment of the feewould create an economic hardship on the parolee, probationer or personsupervised by the Division through residential confinement.

3. Unless waived pursuant to subsection 2, the paymentby a parolee, probationer or person supervised by the Division throughresidential confinement of a fee charged pursuant to subsection 1 is acondition of his parole, probation or residential confinement.

(Added to NRS by 1983, 204; A 1987, 24; 1993, 1524;1997, 1561, 3362; 1999,669)

NRS 213.1077 Contractsand agreements with Federal Government. TheDivision may enter into such contracts and agreements with the FederalGovernment or any of its agencies as may be necessary, proper and convenient.

(Added to NRS by 1959, 799; A 1975, 41; 1977, 287;1979, 612; 1993, 1523)(Substituted in revision for NRS 213.1091)

NRS 213.1078 Levelof supervision of probationer or parolee; review; notice to probationer orparolee of change in level.

1. Except as otherwise provided in subsection 2, theDivision shall set a level of supervision for each probationer. At least onceevery 6 months, or more often if necessary, the Division shall review theprobationers level of supervision to determine whether a change in the levelof supervision is necessary. The Division shall specify in each review thereasons for maintaining or changing the level of supervision. If the Divisionchanges the level of supervision, the Division shall notify the probationer ofthe change.

2. The provisions of subsection 1 are not applicableif:

(a) The level of supervision for the probationer is setby the court or by law; or

(b) The probationer is ordered to participate in aprogram of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.

3. Except as otherwise provided in subsection 4, atleast once every 6 months, or more often if necessary, the Division shallreview a parolees level of supervision to determine whether a change in thelevel of supervision is necessary. The Division shall specify in each reviewthe reasons for maintaining or changing the level of supervision. If theDivision changes the level of supervision, the Division shall notify theparolee of the change.

4. The provisions of subsection 3 are not applicableif the level of supervision for the parolee is set by the Board or by law.

(Added to NRS by 1997, 1560)

State Board of Parole Commissioners

NRS 213.108 Creation;members; Chairman; qualifications; decisions.

1. The State Board of Parole Commissioners is herebycreated within the Department of Public Safety.

2. The Board consists of seven members appointed bythe Governor.

3. A Chairman of the Board must be appointed by theGovernor. The Chairman is the Executive Officer of the Board and shalladminister its activities and services and is responsible for its managementexcept as otherwise provided in NRS213.1085.

4. Each member of the Board must have at least:

(a) A bachelors degree in criminal justice, lawenforcement, sociology, psychology, social work, law or the administration ofcorrectional or rehabilitative facilities and programs and not less than 3years of experience working in one or several of these fields; or

(b) Four years of experience in one or several of thefields specified in paragraph (a).

5. Except as otherwise provided in subsection 6, whenmaking an appointment to the Board, the Governor shall, to the extentpracticable:

(a) Appoint a person who has experience in the fieldof:

(1) Prisons;

(2) Parole and probation;

(3) Law enforcement, including investigation;

(4) Criminal law as the Attorney General, adeputy attorney general, a district attorney or a deputy district attorney;

(5) Social work or therapy with emphasis onfamily 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 inthe field.

6. No more than two members of the Board may representone of the fields listed in paragraph (a) of subsection 5.

7. Except as otherwise provided in NRS 213.133, a decision on any issue beforethe Board, concurred in by four or more members, is the decision of the Board.

(Added to NRS by 1957, 738; A 1959, 797; 1977, 286;1979, 1116; 1987, 317; 1991, 1354; 1993, 1523; 1995, 2290; 1997, 3339; 2001, 2589)

NRS 213.1085 ExecutiveSecretary: Appointment; unclassified service; qualifications; duties.

1. The Board shall appoint an Executive Secretary, whois in the unclassified service of the State.

2. The Executive Secretary must be selected on thebasis of his training, experience, capacity and interest in correctionalservices.

3. The Board shall supervise the activities of theExecutive Secretary.

4. The Executive Secretary is the Secretary of theBoard and shall perform such duties in connection therewith as the Board mayrequire, including, but not limited to, preparing the agenda for board meetingsand answering correspondence from prisoners in the state prison.

5. The Executive Secretary shall prepare a list atleast 30 days before any scheduled action by the Board showing each person theneligible 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 minimumterm and maximum term of imprisonment or the definite term of imprisonment, ifone is imposed;

(f) The amount of time actually served in the stateprison;

(g) The amount of credit for time previously served ina county jail; and

(h) The amount of credit allowed to reduce his sentencepursuant to chapter 209 of NRS.

TheExecutive Secretary shall send copies to all law enforcement agencies in thisstate and to other persons whom he deems appropriate, at least 30 days beforeany scheduled action by the Board. Each law enforcement agency that receivesthe list shall make the list available for public inspection during normalbusiness hours.

(Added to NRS by 1973, 804; A 1979, 349; 1995, 1258,2066; 1997, 521)

NRS 213.1086 Methodof payment of compensation, salaries and expenses of Executive Secretary andemployees. The compensation, salaries andexpenses 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 thoseof other state officers and employees.

(Added to NRS by 1959, 798; A 1961, 656; 1963, 1330;1965, 701; 1967, 1487; 1971, 1423; 1973, 804; 1977, 287; 1981, 1270; 1985,396)(Substituted in revision for part of NRS 213.1094)

NRS 213.1087 Termsof members; vacancies; other employment prohibited; administration of oaths;certification of affidavits and depositions.

1. The term of office of each member of the Board is 4years.

2. Appointments to the Board must be made by the Governorwithin 60 days from the time any vacancy occurs.

3. Members of the Board are in the unclassifiedservice of the State. They shall devote their entire time and attention to thebusiness of the Board and shall not pursue any other business or occupation orhold any other office of profit which detracts from the full and timelyperformance of their duties.

4. Any member of the Board may administer an oath oraffirmation to any person offering to testify at a meeting to consider aprisoner for parole or in a parole revocation hearing, and any district judge,county clerk or notary public may take and certify an affidavit or depositionto be used at a meeting to consider a prisoner for parole or in a parolerevocation hearing.

(Added to NRS by 1957, 738; A 1959, 797; 1973, 179;1975, 295; 1977, 286; 1985, 396; 1995, 2291; 1997, 27; 1999, 131)

NRS 213.1088 Programof orientation for new members and case hearing representatives; continuingeducation of members and case hearing representatives.

1. The Department of Public Safety in conjunction withthe Department of Corrections shall establish a program of orientation that:

(a) Each member of the Board shall attend uponappointment to a first term; and

(b) Each person named by the Board to the list ofpersons eligible to serve as a case hearing representative pursuant to NRS 213.135 shall attend upon being namedto the list. A person named to the list may not serve as a case hearingrepresentative until the person completes the program of orientation.

2. The program of orientation must include a minimumof 40 hours of training. The information presented during the program oforientation must include, but is not limited to:

(a) A historical perspective of parole, including theobjectives of and reasons for using parole within the criminal justice system;

(b) The role and function of the Board within thecriminal justice system;

(c) The responsibilities of members of the Board andcase 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 writtenplan for the continuing education of members of the Board and case hearingrepresentatives. The plan must require that:

(a) Each member of the Board shall attend not less than16 hours of courses for continuing education during each year of the membersterm.

(b) Each case hearing representative shall attend notless than 16 hours of courses for continuing education during each year thatthe representative is on the list of persons eligible to serve as a casehearing representative.

4. A member of the Board or a case hearingrepresentative may meet the requirement for continuing education bysuccessfully completing courses in any combination of the following subjects:

(a) The role and function of the Board within thecriminal justice system;

(b) Changes in the law, including judicial decisionsaffecting parole;

(c) Developing skills in communicating, makingdecisions and solving problems;

(d) The interpretation and use of research, data andreports;

(e) Correctional policies and programs, includingprograms 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 orprofessional 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 legislativeappropriations, pay the expenses of members of the Board and case hearingrepresentatives attending courses for continuing education.

(Added to NRS by 1995, 2289; A 1997, 3340; 2001, 2590; 2001 Special Session,199)

NRS 213.10885 Boardto adopt standards for granting or revocation of parole; sample form regardingprobability of success on parole to be made available to public; review ofeffectiveness of standards; report to Legislature.

1. The Board shall adopt by regulation specificstandards for each type of convicted person to assist the Board in determiningwhether to grant or revoke parole. The regulations must include standards fordetermining 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 imprisonmentfor life.

(c) Who was convicted of a sexual offense involving theuse 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.

Thestandards must be based upon objective criteria for determining the personsprobability of success on parole.

2. In establishing the standards, the Board shallconsider the information on decisions regarding parole that is compiled andmaintained pursuant to NRS 213.10887and all other factors which are relevant in determining the probability that aconvicted person will live and remain at liberty without violating the law ifparole is granted or continued. The other factors the Board considers mustinclude, 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 personwhile 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 fora greater punishment for a convicted person who has a history of repetitivecriminal conduct or who commits a serious crime, with a violent crimeconsidered the most serious, than for a convicted person who does not have ahistory of repetitive crimes and did not commit a serious crime.

4. The Board shall make available to the public asample of the form the Board uses in determining the probability that a convictedperson will live and remain at liberty without violating the law if parole isgranted or continued.

5. On or before January 1 of each even-numbered year,the Board shall review comprehensively the standards adopted by the Board. Thereview must include a determination of whether the standards are effective inpredicting the probability that a convicted person will live and remain atliberty without violating the law if parole is granted or continued. If astandard is found to be ineffective, the Board shall not use that standard inits decisions regarding parole and shall adopt revised standards as soon aspracticable after the review.

6. The Board shall report to each regular session ofthe Legislature:

(a) The number and percentage of the Boards decisionsthat conflicted with the standards;

(b) The results and conclusions from the Boards reviewpursuant to subsection 5; and

(c) Any changes in the Boards standards, policies,procedures, programs or forms that have been or will be made as a result of thereview.

(Added to NRS by 1989, 1884; A 1995, 2291; 1997,3341)

NRS 213.10887 Boardto compile, maintain, organize and tabulate information concerning decisionsregarding parole.

1. The Board shall compile and maintain detailedinformation concerning all decisions regarding parole. The information mustinclude, but is not limited to:

(a) The Boards reasons for each decision to grant,deny, revoke or continue parole.

(b) The number of decisions made by the Board grantingparole, denying parole, revoking parole and continuing parole.

2. The Board shall organize and tabulate theinformation compiled pursuant to this section at regular intervals, which mustnot exceed 3 months.

(Added to NRS by 1997, 3338)

NRS 213.1089 Subpoenas.

1. For the purposes of NRS 213.107 to 213.157, inclusive:

(a) The Chairman of the Board; and

(b) The inquiring officer conducting an inquirypursuant to NRS 213.1511,

may issuesubpoenas to compel the attendance of witnesses and the production of books andpapers.

2. If any witness refuses to attend or testify orproduce any books and papers as required by the subpoena, the Chairman of theBoard 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 ofattendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Chairman ofthe Board or inquiring officer pursuant to this section; and

(c) The witness has failed or refused to attend orproduce the books and papers required by the subpoena before the Board or atthe inquiry which is named in the subpoena, or has refused to answer questionspropounded to him,

and asking foran order of the court compelling the witness to attend and testify or producethe books and papers.

3. Upon such petition, the court shall enter an orderdirecting the witness to appear before the court at a time and place to befixed by the court in its order, the time to be not more than 10 days from thedate of the order, and then and there show cause why he has not attended ortestified or produced the books or papers. A certified copy of the order mustbe served upon the witness.

4. If it appears to the court that the subpoena wasregularly issued, the court shall enter an order that the witness appear beforethe Board or at the inquiry at the time and place fixed in the order andtestify or produce the required books or papers, and upon failure to obey theorder the witness must be dealt with as for contempt of court.

(Added to NRS by 1979, 169; A 1995, 28)

Parole and Probation Officers

NRS 213.1092 Chief:Appointment; qualifications.

1. The Director of the Department of Public Safetyshall appoint the Chief Parole and Probation Officer, who is in theunclassified 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 incorrectional programs, of which at least 3 years were in a responsibleadministrative position.

(Added to NRS by 1959, 797; A 1969, 597; 1977, 287;1993, 1523; 2001,2591; 2005, 548)

NRS 213.1094 Chief:Other employment prohibited. The Chief Paroleand Probation Officer shall devote his entire time and attention to thebusiness of his office and shall not pursue any other business or occupation orhold any other office of profit.

(Added to NRS by 1959, 798; A 1961, 656; 1963, 1330;1965, 701; 1967, 1487; 1971, 1423; 1973, 804; 1977, 287; 1981, 1270; 1985, 396;1995, 2310)(Part substituted in revision by NRS 213.1086)

NRS 213.1095 Chief:Powers and duties. The Chief Parole andProbation Officer:

1. Is responsible for and shall supervise the fiscalaffairs and responsibilities of the Division.

2. May establish, consolidate and abolish sectionswithin the Division.

3. May establish, consolidate and abolish districtswithin the State to which assistant parole and probation officers are assigned.

4. Shall appoint the necessary supervisory personneland other assistants and employees as may be necessary for the efficientdischarge of the responsibilities of the Division.

5. Is responsible for such reports of investigationand supervision and other reports as may be requested by the Board or courts.

6. Shall direct the work of all assistants andemployees assigned to him.

7. Shall formulate methods of investigation,supervision, recordkeeping and reporting.

8. Shall develop policies of parole and probationafter considering other acceptable and recognized correctional programs andconduct training courses for the staff.

9. Shall furnish to each person released under hissupervision a written statement of the conditions of parole or probation,instruct any parolee or probationer regarding those conditions, and advise theBoard or the court of any violation of the conditions of parole and probation.

10. At the close of each biennium, shall submit to theGovernor 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)

NRS 213.1096 Powersand duties of assistant parole and probation officers.Assistant parole and probation officers shall:

1. Investigate all cases referred to them forinvestigation by the Board or by the Chief Parole and Probation Officer, or byany court in which they are authorized to serve.

2. Supervise all persons released on probation by anysuch court or released to them for supervision by the Board or by the ChiefParole and Probation Officer.

3. Furnish to each person released under theirsupervision a written statement of the conditions of parole or probation andinstruct him regarding those conditions.

4. Keep informed concerning the conduct and conditionof all persons under their supervision and use all suitable methods to aid andencourage 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 withthe orders of the Chief Parole and Probation Officer or the court.

7. Keep accurate and complete accounts of all moneyreceived and disbursed in accordance with such orders and give receiptstherefor.

8. Make such reports in writing as the court or theChief Parole and Probation Officer may require.

9. Coordinate their work with that of other socialagencies.

10. File identifying information regarding their caseswith any social service index or exchange operating in the area to which theyare assigned.

(Added to NRS by 1959, 799; A 1977, 288)

NRS 213.10983 Seizure,custody, use and sale of property other than dangerous instrument or weapon.

1. A parole or probation officer shall immediatelydeliver to the Division any seized, abandoned or unclaimed property, other thanan instrument or weapon described in NRS202.350, which he obtains in the pursuance of his duty, unless he isrequired to retain the property as evidence pursuant to a court order ordirective of the Attorney General or a district attorney. Property retained asevidence must be placed in a secured locker for evidence at a law enforcementagency in this state and when released from evidence must be immediatelydelivered to the Division.

2. The Division shall keep the property for return tothe owner and, unless it is contraband, return it to him if he submits a claimto the Division and establishes his ownership within 1 year after the Divisioncomes into possession of it. Contraband includes any property which, ifpossessed by a parolee or probationer, would constitute a violation of theterms of his parole or probation or any federal or state law. Contrabandbecomes the property of the Division.

3. Any contraband consisting of controlled substancesor dangerous drugs must be disposed of or destroyed as provided by law.

4. If the Division is not able to determine the ownerof the property within the 1-year period, the Division acquires title to it andthe Chief Parole and Probation Officer shall:

(a) Sell the property at a public auction at the sametimes and places that confiscated instruments and weapons are sold; or

(b) Retain the property for the official use of theDivision.

5. The Division shall keep accurate records of all propertygoverned by this section.

(Added to NRS by 1981, 370; A 1993, 1524)

NRS 213.10985 Seizure,custody, use and sale of dangerous instrument or weapon.

1. A parole or probation officer shall immediatelydeliver to the Division any seized, abandoned or unclaimed instrument or weapondescribed in NRS 202.350 which heobtains in the pursuance of his duty, unless he is required to retain it asevidence pursuant to a court order or directive of the Attorney General or adistrict attorney. Property retained as evidence must be placed in a securedlocker for evidence at a law enforcement agency in this state and when releasedfrom evidence must be immediately delivered to the Division.

2. The Division shall:

(a) Destroy or direct to be destroyed the instrument orweapon if it is determined to be dangerous to the safety of the public.

(b) Return an instrument or weapon which has not beendestroyed pursuant to paragraph (a), upon demand, to any person other than aparolee or probationer:

(1) From whom it was confiscated if that personis acquitted of the public offense or crime of which he was charged; or

(2) Who otherwise claims and establishesownership of it. Any such instrument or weapon which is not destroyed, returnedor claimed within 1 year after the Division comes into possession of it becomesthe property of the Division.

3. The Chief Parole and Probation Officer shall atleast once a year order the officers who have custody of such instruments andweapons that have become the property of the Division to:

(a) Retain the instrument or weapon for official use bythe Division.

(b) Deliver the instruments and weapons to anothercustodial officer of the Division to be sold.

(c) Sell any such instrument or weapon to another lawenforcement agency at a price not less than its prevailing market value.

(d) Sell all unretained and unsold instruments andweapons at a public auction to be held at least once in each year, after noticeof such public auction describing the instrument or weapons to be sold ispublished once a week for 2 weeks immediately preceding the date of the auctionin a newspaper of general circulation in the county or city of the sale.

4. All proceeds of the sales provided for insubsection 3 must be deposited with the State Treasurer for credit to the StateGeneral Fund.

5. Any officer receiving an order as provided insubsection 3 shall comply with such order as soon as practicable.

6. The Division shall keep accurate records of allinstruments and weapons governed by this section.

(Added to NRS by 1981, 371; A 1993, 1525)

NRS 213.10988 Chiefto adopt standards for recommendations regarding parole or probation.

1. The Chief Parole and Probation Officer shall adoptby regulation standards to assist him in formulating a recommendation regardingthe granting of probation or the revocation of parole or probation to aconvicted person who is otherwise eligible for or on probation or parole. Thestandards must be based upon objective criteria for determining the personsprobability of success on parole or probation.

2. In establishing standards, the Chief Parole andProbation Officer shall first consider all factors which are relevant indetermining the probability that a convicted person will live and remain atliberty without violating the law if parole is continued or probation isgranted or continued.

3. The Chief Parole and Probation Officer shall adjustthe standards to provide a recommendation of greater punishment for a convictedperson who has a history of repetitive criminal conduct or who commits aserious crime, with a violent crime considered the most serious, than for aconvicted person who does not have a history of repetitive crimes and did notcommit 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 ofregulations.

5. The Chief Parole and Probation Officer shall reportto each regular session of the Legislature:

(a) The number and percentage of recommendations maderegarding parole and probation which conflicted with the standards; and

(b) Any recommendations regarding the standards.

(Added to NRS by 1989, 1885)

Release of Prisoner on Parole

NRS 213.1099 Limitationson Boards power to release prisoners on parole.

1. Except as otherwise provided in this section and NRS 213.1214 and 213.1215, the Board may release on parolea prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

2. In determining whether to release a prisoner onparole, the Board shall consider:

(a) Whether there is a reasonable probability that theprisoner will live and remain at liberty without violating the laws;

(b) Whether the release is incompatible with thewelfare of society;

(c) The seriousness of the offense and the history ofcriminal conduct of the prisoner;

(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, ifany, of the Chief; and

(e) Any documents or testimony submitted by a victimnotified pursuant to NRS 213.130.

3. When a person is convicted of a felony and ispunished by a sentence of imprisonment, he remains subject to the jurisdictionof the Board from the time he is released on parole under the provisions ofthis chapter until the expiration of the maximum term of imprisonment imposedby 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 onparole a prisoner whose sentence to death or to life without possibility ofparole has been commuted to a lesser penalty unless it finds that the prisonerhas served at least 20 consecutive years in the state prison, is not under anorder to be detained to answer for a crime or violation of parole or probationin another jurisdiction, and that he does not have a history of:

(a) Recent misconduct in the institution, and that hehas been recommended for parole by the Director of the Department ofCorrections;

(b) Repetitive criminal conduct;

(c) Criminal conduct related to the use of alcohol ordrugs;

(d) Repetitive sexual deviance, violence or aggression;or

(e) Failure in parole, probation, work release orsimilar programs.

5. In determining whether to release a prisoner onparole pursuant to this section, the Board shall not consider whether theprisoner will soon be eligible for release pursuant to NRS 213.1215.

6. The Board shall not release on parole an offenderconvicted of an offense listed in NRS179D.410 until the law enforcement agency in whose jurisdiction theoffender will be released on parole has been provided an opportunity to givethe 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)

NRS 213.110 Regulationsregarding parole; suspension of parole to permit induction into militaryservice.

1. Subject to the provisions of NRS 213.120, the Board shall establishrules and regulations under which any prisoner who is now or hereafter may beimprisoned in the state prison, or in another jurisdiction as provided in NRS 176.045, may be allowed to go uponparole 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 timeto be taken within the enclosure of the state prison.

2. The Board, for good cause and in order to permitinduction into the military service of the United States, may suspend parolesduring the period of the parolees active service after induction into themilitary service.

[11:149:1933; A 1943, 55; 1943 NCL 11579](NRS A1957, 739; 1965, 434; 1967, 526; 1969, 598; 1971, 601; 1973, 181; 1995, 2292)

NRS 213.115 Releaseof certain prisoners on parole at request of authorities of other jurisdictionsfor prosecution. Notwithstanding theprovisions of any other law, any prisoner may be released conditionally onparole at the request of the appropriate authority of another jurisdiction forprosecution for any crime of a magnitude equal to or greater than that forwhich he was imprisoned, as determined by the severity of the sentences for thetwo crimes. If after such conditional parole and prosecution by anotherjurisdiction the prisoner is found not guilty of the crime as charged he must,pursuant to the Boards written order, be returned to the actual custody of theDepartment of Corrections and shall serve such part of the unexpired term ofhis original sentence as may be determined by the Board.

(Added to NRS by 1965, 435; A 1983, 726; 2001 Special Session,201)

NRS 213.120When prisoner becomes eligible for parole.

1. Except as otherwise provided in NRS 213.1213 and as limited by statute forcertain specified offenses, a prisoner who was sentenced to prison for a crimecommitted before July 1, 1995, may be paroled when he has served one-third ofthe definite period of time for which he has been sentenced pursuant to NRS 176.033, less any credits earned toreduce his sentence pursuant to chapter 209 ofNRS.

2. Except as otherwise provided in NRS 213.1213 and as limited by statute forcertain specified offenses, a prisoner who was sentenced to prison for a crimecommitted on or after July 1, 1995, may be paroled when he has served theminimum term of imprisonment imposed by the court. Any credits earned to reducehis sentence pursuant to chapter 209 of NRSwhile the prisoner serves the minimum term of imprisonment may reduce only themaximum term of imprisonment imposed and must not reduce the minimum term ofimprisonment.

[Part 13:149:1933; 1931 NCL 11581](NRS A 1957,317; 1965, 434; 1967, 527; 1979, 1031; 1991, 1105; 1993, 137; 1995, 1259)

NRS 213.1213 Eligibilityfor parole of prisoner sentenced to serve two or more concurrent sentences isbased on sentence with longest period. If aprisoner is sentenced pursuant to NRS176.035 to serve two or more concurrent sentences, whether or not thesentences are identical in length or other characteristics, eligibility forparole from any of the concurrent sentences must be based on the sentence whichrequires the longest period before the prisoner is eligible for parole.

(Added to NRS by 1993, 137)

NRS 213.1214 Prisonersrequired to be certified by panel before release on parole; recertificationrequired if prisoner returns to custody; revocation of certification; immunity.

1. The Board shall not release on parole a prisonerconvicted of an offense listed in subsection 5 unless a panel consisting of:

(a) The Administrator of the Division of Mental Healthand Developmental Services of the Department of Health and Human Services orhis designee;

(b) The Director of the Department of Corrections orhis designee; and

(c) A psychologist licensed to practice in this Stateor a psychiatrist licensed to practice medicine in this State,

certifiesthat the prisoner was under observation while confined in an institution of theDepartment of Corrections and does not represent a high risk to reoffend basedupon a currently accepted standard of assessment.

2. A prisoner who has been certified pursuant tosubsection 1 and who returns for any reason to the custody of the Department ofCorrections may not be paroled unless a panel recertifies him in the manner setforth in subsection 1.

3. The panel may revoke the certification of aprisoner certified pursuant to subsection 1 at any time.

4. This section does not create a right in anyprisoner to be certified or to continue to be certified. No prisoner may bringa cause of action against the State, its political subdivisions, or theagencies, boards, commissions, departments, officers or employees of the Stateor its political subdivisions for not certifying a prisoner pursuant to thissection or for refusing to place a prisoner before a panel for certificationpursuant to this section.

5. The provisions of this section apply to a prisonerconvicted 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 assaultpursuant to NRS 200.400.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minorpursuant to NRS 200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in actsconstituting 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 toNRS 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 inparagraphs (a) to (l), inclusive.

(n) An offense that is determined to be sexuallymotivated pursuant to NRS 175.547.

(o) Coercion or attempted coercion that is determinedto be sexually motivated pursuant to NRS207.193.

(Added to NRS by 1997, 2506; A 1999, 108; 2001, 1640, 2799; 2001 Special Session,201; 2003, 289,306, 1392; 2005, 2878)

NRS 213.1215 Mandatoryrelease of certain prisoners.

1. Except as otherwise provided in subsections 3, 4and 5 and in cases where a consecutive sentence is still to be served, if aprisoner sentenced to imprisonment for a term of 3 years or more:

(a) Has not been released on parole previously for thatsentence; and

(b) Is not otherwise ineligible for parole,

he must bereleased on parole 12 months before the end of his maximum term, as reduced byany credits he has earned to reduce his sentence pursuant to chapter 209 of NRS. The Board shall prescribe anyconditions necessary for the orderly conduct of the parolee upon his release.

2. Each parolee so released must be supervised closelyby the Division, in accordance with the plan for supervision developed by theChief pursuant to NRS 213.122.

3. If the Board finds, at least 2 months before aprisoner would otherwise be paroled pursuant to subsection 1, that there is areasonable probability that the prisoner will be a danger to public safetywhile on parole, the Board may require the prisoner to serve the balance of hissentence and not grant the parole provided for in subsection 1.

4. If the prisoner is the subject of a lawful requestfrom another law enforcement agency that he be held or detained for release tothat agency, the prisoner must not be released on parole, but released to thatagency.

5. If the Division has not completed its establishmentof a program for the prisoners activities during his parole pursuant to thissection, the prisoner must be released on parole as soon as practicable afterthe prisoners program is established.

6. For the purposes of this section, the determinationof the 12-month period before the end of a prisoners term must be calculatedwithout consideration of any credits he may have earned to reduce his sentencehad he not been paroled.

(Added to NRS by 1987, 945; A 1991, 702; 1993, 1526;1995, 1260)

NRS 213.1216 Releaseof prisoner whose conduct during commission of crime satisfies requirements forenhancement for certain crimes against older persons.

1. Except as otherwise provided in subsection 2, theBoard shall not release on parole a prisoner whose conduct during thecommission of the crime for which he was imprisoned satisfies the requirementsfor imposing an additional term of imprisonment pursuant to paragraph (h) or(i) of subsection 1 of NRS 193.167 orsubsection 2 of NRS 193.167, until theprisoner has paid to the victim of the offense at least 80 percent of theamount of restitution set by a court pursuant to NRS 176.033.

2. The Board shall not refuse to release a prisoner onparole as provided in subsection 1 unless the Board determines that theprisoner has willfully failed to make restitution to the victim of the crimeand the prisoner has the ability to make restitution.

(Added to NRS by 1997, 1030; A 1999, 43)

NRS 213.12175 Boardmay impose any reasonable conditions on parolee to protect health, safety andwelfare of community. The Board may, as a conditionof releasing a prisoner on parole, impose any reasonable conditions on the paroleeto protect the health, safety and welfare of the community, including, withoutlimitation:

1. Requiring the parolee to remain in this state or acertain county within this state;

2. Prohibiting the parolee from contacting orattempting to contact a specific person or from causing or attempting to causeanother person to contact that person on his behalf;

3. Prohibiting the parolee from entering a certaingeographic area; and

4. Prohibiting the parolee from engaging in specificconduct that may be harmful to his own health, safety or welfare, or thehealth, safety or welfare of another person.

(Added to NRS by 1997, 3361)

NRS 213.1218 Personto submit signed document before being released on parole; Division to contactperson released on parole within 5 days unless waived by Chief.

1. Before a person may be released on parole, he mustsubmit 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 hisparole and is taken into custody outside of this state, he waives all hisrights relating to extradition proceedings.

2. The Division shall contact each parolee in personor by telephone within 5 days after the parolees release from prison. TheChief may waive this requirement if he determines that such contact is not necessary.

(Added to NRS by 1995, 27; A 1997, 1561)

NRS 213.122 Chiefto develop statewide plan for strict supervision of parolees. The Chief shall develop a statewide plan for the strictsupervision of parolees released pursuant to NRS213.1215. In addition to such other provisions as the Chief deemsappropriate, the plan must provide for the supervision of such parolees byassistant parole and probation officers whose caseload allows for enhanced supervisionof the parolees under their charge unless, because of the remoteness of thecommunity to which the parolee is released, enhanced supervision isimpractical.

(Added to NRS by 1987, 946; A 1993, 1526)

NRS 213.123 Impositionof tests to determine use of controlled substance as condition of parole.

1. Upon the granting of parole to a prisoner, theBoard may, when the circumstances warrant, require as a condition of parolethat the parolee submit to periodic tests to determine whether the parolee isusing any controlled substance. Any such use, except the use of marijuana inaccordance with the provisions of chapter 453Aof NRS or any failure or refusal to submit to a test is a ground for revocationof parole.

2. Any expense incurred as a result of any test is acharge against the Division.

(Added to NRS by 1969, 181; A 1971, 2026; 1973, 178;1977, 263; 1983, 245; 1993, 1527; 2001, 3072)

NRS 213.1235 Programof aftercare following assignment to therapeutic community as condition ofparole. If a prisoner is granted parole and adetermination has been made pursuant to NRS209.4238 that the prisoner must continue in a program of aftercare, theBoard shall, in addition to any other condition of parole, require as acondition of parole that the parolee participate in the program of aftercare towhich he has been assigned pursuant to NRS209.4238.

(Added to NRS by 1997, 2657)

NRS 213.124 Impositionof program of intensive supervision as condition of parole; Chief to developprogram; program to include electronic supervision of parolee.

1. Upon the granting of parole to a prisoner, theBoard may require the parolee to submit to a program of intensive supervisionas a condition of his parole.

2. The Chief shall develop a program for the intensivesupervision of parolees required to submit to such a program pursuant tosubsection 1. The program must include an initial period of electronicsupervision of the parolee with an electronic device approved by the Division.The device must be minimally intrusive and limited in capability to recordingor transmitting information concerning the parolees presence at his residence,including, but not limited to, the transmission of still visual images which donot concern the parolees activities while inside his residence. A device whichis capable of recording or transmitting:

(a) Oral or wire communications or any auditory sound;or

(b) Information concerning the parolees activitieswhile inside his residence,

must not beused.

(Added to NRS by 1991, 2044; A 1993, 1527)

NRS 213.1243 Releaseof sex offender: Program of lifetime supervision; penalty.

1. The Board shall establish by regulation a programof lifetime supervision of sex offenders to commence after any period ofprobation or any term of imprisonment and any period of release on parole. Theprogram must provide for the lifetime supervision of sex offenders by paroleand probation officers.

2. Lifetime supervision shall be deemed a form ofparole for:

(a) The limited purposes of the applicability of theprovisions of NRS 213.1076, subsection9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

(b) The purposes of the Interstate Compact for AdultOffender Supervision ratified, enacted and entered into by the State of Nevadapursuant to NRS 213.215.

3. A person who commits a violation of a conditionimposed on him pursuant to the program of lifetime supervision is guilty of:

(a) If the violation constitutes a minor violation, amisdemeanor.

(b) If the violation constitutes a major violation, acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 1 year and a maximum term of not more than 6years, and may be further punished by a fine of not more than $5,000.

4. For the purposes of prosecution of a violation by aperson of a condition imposed upon him pursuant to the program of lifetimesupervision, the violation shall be deemed to have occurred in, and may only beprosecuted in, the county in which the court that imposed the sentence oflifetime supervision pursuant to NRS176.0931 is located, regardless of whether the acts or conduct constitutingthe violation took place, in whole or in part, within or outside that county orwithin or outside this State.

5. As used in this section:

(a) Major violation means a violation which poses athreat to the safety or well-being of others and which involves:

(1) The commission of any crime that ispunishable as a gross misdemeanor or felony or any crime that involves a victimwho is less than 18 years of age;

(2) The use of a deadly weapon, explosives or afirearm;

(3) The use or threatened use of force orviolence 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 notconstitute a major violation.

(Added to NRS by 1995, 415; A 1997, 512, 1189; 2005, 2879)

NRS 213.1245 Prisonerconvicted of sexual offense: Mandatory conditions of parole.

1. Except as otherwise provided in subsection 3, ifthe Board releases on parole a prisoner convicted of an offense listed in NRS 179D.620, the Board shall, in additionto any other condition of parole, require as a condition of parole that theparolee:

(a) Reside at a location only if it has been approvedby the parole and probation officer assigned to the parolee and keep the paroleand probation officer informed of his current address;

(b) Accept a position of employment or a position as avolunteer only if it has been approved by the parole and probation officerassigned to the parolee and keep the parole and probation officer informed ofthe location of his position of employment or position as a volunteer;

(c) Abide by any curfew imposed by the parole andprobation officer assigned to the parolee;

(d) Participate in and complete a program ofprofessional counseling approved by the Division;

(e) Submit to periodic tests, as requested by theparole and probation officer assigned to the parolee, to determine whether theparolee is using a controlled substance;

(f) Submit to periodic polygraph examinations, asrequested by the parole and probation officer assigned to the parolee;

(g) Abstain from consuming, possessing or having underhis control any alcohol;

(h) Not have contact or communicate with a victim ofthe offense or a witness who testified against the parolee or solicit anotherperson 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 insubsection 2;

(i) Not use aliases or fictitious names;

(j) Not obtain a post office box unless the paroleereceives permission from the parole and probation officer assigned to theparolee;

(k) Not have contact with a person less than 18 yearsof age in a secluded environment unless another adult who has never beenconvicted of an offense listed in NRS179D.410 is present and permission has been obtained from the parole and probationofficer assigned to the parolee in advance of each such contact;

(l) Unless approved by the parole and probation officerassigned to the parolee and by a psychiatrist, psychologist or counselortreating the parolee, if any, not be in or near:

(1) A playground, park, school or schoolgrounds;

(2) A motion picture theater; or

(3) A business that primarily has children ascustomers or conducts events that primarily children attend;

(m) Comply with any protocol concerning the use ofprescription medication prescribed by a treating physician, including, withoutlimitation, any protocol concerning the use of psychotropic medication;

(n) Not possess any sexually explicit material that isdeemed inappropriate by the parole and probation officer assigned to theparolee;

(o) Not patronize a business which offers a sexuallyrelated form of entertainment and which is deemed inappropriate by the parole andprobation officer assigned to the parolee;

(p) Not possess any electronic device capable ofaccessing the Internet and not access the Internet through any such device orany other means, unless possession of such a device or such access is approvedby the parole and probation officer assigned to the parolee; and

(q) Inform the parole and probation officer assigned tothe parolee if the parolee expects to be or becomes enrolled as a student at aninstitution of higher education or changes the date of commencement ortermination of his enrollment at an institution of higher education. As used inthis paragraph, institution of higher education has the meaning ascribed toit in NRS 179D.045.

2. A written agreement entered into pursuant toparagraph (h) of subsection 1 must state that the contact or communication isin the best interest of the victim or witness, and specify the type of contactor communication authorized. The written agreement must be signed and agreed toby:

(a) The victim or the witness;

(b) The parolee;

(c) The parole and probation officer assigned to theparolee;

(d) The psychiatrist, psychologist or counselortreating the parolee, victim or witness, if any; and

(e) If the victim or witness is a child under 18 yearsof age, each parent, guardian or custodian of the child.

3. The Board is not required to impose a condition ofparole listed in subsection 1 if the Board finds that extraordinarycircumstances are present and the Board states those extraordinarycircumstances in writing.

(Added to NRS by 1997, 1685; A 2001, 2068; 2003, 578)

NRS 213.1255 Prisonerconvicted of sexual offense against child under 14: Additional conditions ofparole required when appropriate.

1. In addition to any conditions of parole required tobe imposed pursuant to NRS 213.1245, asa condition of releasing on parole a prisoner who was convicted of committingan 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 psychologicalcounseling;

(b) Prohibit the parolee from being alone with a childunless another adult who has never been convicted of a sexual offense ispresent; and

(c) Prohibit the parolee from being on or near thegrounds of any place that is primarily designed for use by or for children,including, without limitation, a public or private school, a center or facilitythat provides day care services, a video arcade and an amusement park.

2. The provisions of subsection 1 apply to a prisonerwho was convicted of:

(a) Sexual assault pursuant to paragraph (c) ofsubsection 3 of NRS 200.366;

(b) Abuse or neglect of a child pursuant tosubparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) ofparagraph (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 actsconstituting the infamous crime against nature pursuant to subparagraph (1) ofparagraph (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)

NRS 213.1258 Conditionsrelating to computers and use of Internet and other electronic means ofcommunication; powers and duties of Board; exceptions.

1. Except as otherwise provided in subsection 2, ifthe Board releases on parole a prisoner convicted of stalking with the use ofan Internet or network site or electronic mail or any other similar means ofcommunication pursuant to subsection 3 of NRS200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child ormentally ill person through the use of a computer, system or network pursuantto paragraph (a) or (b) of subsection 4 of NRS201.560, 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 theInternet.

2. The Board is not required to impose a condition ofparole set forth in subsection 1 if the Board finds that:

(a) The use of a computer by the parolee will assist alaw enforcement agency or officer in a criminal investigation;

(b) The parolee will use the computer to providetechnological training concerning technology of which the defendant has aunique knowledge; or

(c) The use of the computer by the parolee will assistcompanies that require the use of the specific technological knowledge of theparolee that is unique and is otherwise unavailable to the company.

3. Except as otherwise provided in subsection 1, ifthe Board releases on parole a prisoner convicted of an offense that involvedthe use of a computer, system or network, the Board may, in addition to anyother condition of parole, require as a condition of parole that the paroleenot 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)

NRS 213.126 Requirementof restitution as condition of parole; Restitution Trust Fund.

1. Unless complete restitution was made while theparolee was incarcerated, the Board shall impose as a condition of parole, inappropriate circumstances, a requirement that the parolee make restitution tothe person or persons named in the statement of parole conditions, includingrestitution to a governmental entity for expenses related to extradition, atthe times specified in the statement unless the Board finds that restitution isimpracticable. The amount of restitution must be the amount set by the courtpursuant to NRS 176.033. In appropriatecircumstances, the Board shall include as a condition of parole that theparolee execute an assignment of wages earned by him while on parole to theDivision for restitution.

2. All money received by the Division for restitutionfor:

(a) One victim may; and

(b) More than one victim must,

be depositedin the State Treasury for credit to the Restitution Trust Fund which is herebycreated.

3. The Division shall make pro rata payments from themoney received from the parolee to each person to whom the restitution wasordered pursuant to NRS 176.033. Such apayment must be made:

(a) If the money received from the parolee in a singlepayment is $200 or more or if the total accumulated amount received from theparolee is $200 or more, whenever money is received from the parolee.

(b) If the money received from the parolee in a singlepayment is less than $200 or if the total accumulated amount received from theparolee is less than $200, at the end of each year until the parolee has paidthe entire restitution owed.

Any moneyreceived from the parolee that is remaining at the end of each year must bepaid at that time in pro rata payments to each person to whom the restitutionwas ordered. A final pro rata payment must be made to such persons when the paroleepays the entire restitution owed.

4. A person to whom restitution was ordered pursuantto NRS 176.033 may at any time file anapplication with the Division requesting the Division to make a pro ratapayment from the money received from the parolee. If the Division finds thatthe applicant is suffering a serious financial hardship and is in need offinancial assistance, the Division shall pay to the applicant his pro ratashare of the money received from the parolee.

5. All payments from the Fund must be paid as otherclaims against the State are paid.

6. If restitution is not required, the Board shall setforth the circumstances upon which it finds restitution impracticable in itsstatement of parole conditions.

7. Failure to comply with a restitution requirementimposed by the Board is a violation of a condition of parole unless theparolees failure was caused by economic hardship resulting in his inability topay the amount due. The defendant is entitled to a hearing to show theexistence of that hardship.

8. If, within 3 years after the parolee is dischargedfrom parole, the Division has not located the person to whom the restitutionwas ordered, the money paid to the Division by the parolee must be deposited inthe 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)

NRS 213.1263 Boardmay prohibit association with members of criminal gang as condition of parole.

1. The Board may, as a condition of releasing aprisoner on parole, prohibit the prisoner from associating with the members ofa criminal gang.

2. As used in this section, criminal gang means anycombination of persons, organized formally or informally, so constructed thatthe organization will continue its operation even if individual members enteror leave the organization, which:

(a) Has a common name or identifying symbol;

(b) Has particular conduct, status and customsindicative of it; and

(c) Has as one of its common activities engaging incriminal activity punishable as a felony.

(Added to NRS by 1995, 1425)

NRS 213.128 Personwith disability entitled to services of interpreter at hearing of case. A prisoner, parolee or a witness at the hearing of a casewho is a person with a disability as defined in NRS 50.050 is entitled to the services ofan 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 interpretingin this State pursuant to subsection 2 of NRS656A.100; and

2. Appointed by the Chairman of the Board or otherperson who presides at the hearing.

(Added to NRS by 1979, 657; A 2001, 1777)

NRS 213.130 Departmentof Corrections to determine eligibility for parole and provide data to Board;use of photographs related to offense when considering parole; meetings toconsider prisoner for parole; notice to victim.

1. The Department of Corrections shall:

(a) Determine when a prisoner sentenced to imprisonmentin the state prison is eligible to be considered for parole;

(b) Notify the State Board of Parole Commissioners ofthe eligibility of the prisoner to be considered for parole; and

(c) Before a meeting to consider the prisoner forparole, compile and provide to the Board data that will assist the Board indetermining whether parole should be granted.

2. If a prisoner is being considered for parole from asentence imposed for conviction of a crime which involved the use of force orviolence against a victim and which resulted in bodily harm to a victim and iforiginal or duplicate photographs that depict the injuries of the victim or thescene of the crime were admitted at the trial of the prisoner or were part ofthe report of the presentence investigation and are reasonably available, arepresentative sample of such photographs must be included with the informationsubmitted to the Board at the meeting. A prisoner may not bring a cause ofaction against the State of Nevada, its political subdivisions, agencies,boards, commissions, departments, officers or employees for any action that istaken pursuant to this subsection or for failing to take any action pursuant tothis subsection, including, without limitation, failing to include photographsor including only certain photographs. As used in this subsection, photographincludes any video, digital or other photographic image.

3. Meetings to consider prisoners for parole may beheld 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 theBoard fixes the date of the meeting to consider a prisoner for parole, theBoard shall notify the victim of the prisoner who is being considered forparole of the date of the meeting and of his rights pursuant to thissubsection, if the victim has requested notification in writing and hasprovided his current address or if the victims current address is otherwiseknown by the Board. The victim of a prisoner being considered for parole may submitdocuments to the Board and may testify at the meeting held to consider the prisonerfor parole. A prisoner must not be considered for parole until the Board hasnotified any victim of his rights pursuant to this subsection and he is giventhe opportunity to exercise those rights. If a current address is not providedto or otherwise known by the Board, the Board must not be held responsible ifsuch notification is not received by the victim.

5. The Board may deliberate in private after a publicmeeting held to consider a prisoner for parole.

6. The Board of State Prison Commissioners shallprovide suitable and convenient rooms or space for use of the Board.

7. If a victim is notified of a meeting to consider aprisoner for parole pursuant to subsection 4, the Board shall, upon making afinal decision concerning the parole of the prisoner, notify the victim of itsfinal decision.

8. All personal information, including, but notlimited to, a current or former address, which pertains to a victim and whichis received by the Board pursuant to this section is confidential.

9. For the purposes of this section, victim has themeaning 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)

NRS 213.133 Delegationof Boards authority to hear and act upon parole of prisoner and issues beforeBoard.

1. Except as otherwise provided in subsections 6 and7, the Board may delegate its authority to hear, consider and act upon theparole of a prisoner and on any issue before the Board to a panel consistingof:

(a) Two or more members of the Board, two of whomconstitute a quorum; or

(b) One member of the Board who is assisted by a casehearing representative.

2. No action taken by any panel created pursuant toparagraph (a) of subsection 1 is valid unless concurred in by a majority voteof those sitting on the panel.

3. The decision of a panel is subject to finalapproval by the affirmative action of a majority of the members appointed tothe Board. Such action may be taken at a meeting of the Board, or without ameeting by the delivery of written approval to the Secretary of the Board.

4. The degree of complexity of issues presented mustbe taken into account before the Board makes any delegation of its authorityand before it determines the extent of a delegation.

5. The Board shall adopt regulations which establishthe basic types of delegable cases and the size of the panel required for eachtype of case.

6. A hearing concerning the parole of a prisoner orany 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 offenseinvolving 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 Boardof Pardons Commissioners,

must beconducted by at least three members of the Board, and action may be taken onlywith the concurrence of at least four members.

7. If a recommendation made by a panel deviates fromthe standards adopted by the Board pursuant to NRS 213.10885 or the recommendation ofthe Division, the Chairman must concur in the recommendation.

(Added to NRS by 1965, 1142; A 1981, 75; 1995, 2292; 1999, 133)

NRS 213.135 Casehearing representatives: Board may maintain list of eligible persons;qualifications; designation.

1. The Board may establish and maintain a list ofpersons eligible to serve as case hearing representatives in the mannerprovided by NRS 213.133.

2. Each member on the list of persons eligible toserve as a case hearing representative must have at least:

(a) A bachelors degree in criminal justice, lawenforcement, sociology, psychology, social work, law or the administration ofcorrectional or rehabilitative facilities and programs and not less than 3years of experience in one or several of those fields; or

(b) Six years of experience in one or several of thefields specified in paragraph (a).

3. The Chairman of the Board may, as the necessitiesof the caseload demand, designate a person from the list to serve as a casehearing representative in the manner provided by NRS 213.133.

(Added to NRS by 1965, 1142; A 1995, 2293)

NRS 213.140 Boardto consider parole of eligible prisoner; release may be authorized whether ornot prisoner accepts parole; duties of Division when parole is authorized;adoption of regulations.

1. When a prisoner becomes eligible for parolepursuant to this chapter or the regulations adopted pursuant to this chapter,the Board shall consider and may authorize his release on parole as provided inthis chapter. The Board may authorize the release of a prisoner on parolewhether or not parole is accepted by the prisoner.

2. If the release of a prisoner on parole isauthorized by the Board, the Division shall:

(a) Review and, if appropriate, approve each prisonersproposed plan for placement upon release; or

(b) If his plan is not approved by the Division, assistthe prisoner to develop a plan for his placement upon release,

before he isreleased on parole. The prisoners proposed plan must identify the county inwhich the prisoner will reside if the prisoner will be paroled in Nevada.

3. The Board may adopt any regulations necessary orconvenient to carry out this section.

[11.5:149:1933; added 1949, 151; 1943 NCL 11579.01](NRS A 1991, 665; 1993, 242; 1995, 512, 2068; 1999, 133)

NRS 213.142 Rehearingto be scheduled if parole denied.

1. Upon denying the parole of a prisoner, the Boardshall schedule a rehearing. The date on which the rehearing is to be held iswithin the discretion of the Board, but, except as otherwise provided in subsection2, the elapsed time between hearings must not exceed 3 years.

2. If the prisoner who is being considered for parolehas more than 10 years remaining on the term of his sentence, not including anycredits which may be allowed against his sentence, when the Board denies hisparole, the elapsed time between hearings must not exceed 5 years.

(Added to NRS by 1973, 190; A 1995, 1360; 1999, 134)

NRS 213.145 ParoleesRevolving Account: Creation; use; reversion of balances.

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 ChiefParole and Probation Officer, who shall use the account to provide loans toindividual parolees in an amount not to exceed $300 to assist in purchasing jobtools or equipment, transportation to home or job or for food and rent until asteady income can be obtained. These loans may be made at a rate of interestnot to exceed 4 percent.

3. Terms of repayment must be established at the timeof making the loan but the Chief Parole and Probation Officer may alter theterms if the best interests of the parolee and the State would be served bydoing so. Willful failure to make payments on the loan is a ground, in thediscretion of the Board, for revocation of parole.

4. The account is nonreverting, except to the extentthat the cash balance of the account exceeds $4,500 at the end of each fiscalyear, the excess cash must be credited to the State General Fund.

(Added to NRS by 1967, 872; A 1979, 101; 1991, 1355)

Parole Violators

NRS 213.150 Boardsauthority to adopt regulations covering conduct of parolees; Boards authorityto retake parolees. The Board may:

1. Make and enforce regulations covering the conductof paroled prisoners.

2. Retake or cause to be retaken and imprisoned anyprisoner so upon parole, subject to the procedures prescribed in NRS 213.151 to 213.1519, inclusive.

[Part 13:149:1933; 1931 NCL 11581](NRS A 1967,1257; 1969, 599; 1973, 65, 354; 1975, 195)

NRS 213.151 Arrestof alleged violator of parole: Powers and duties of peace officers.

1. The Boards written order, certified to by theChief Parole and Probation Officer, is sufficient warrant for any parole andprobation officer or other peace officer to arrest any conditionally releasedor paroled prisoner.

2. Every sheriff, constable, chief of police, prisonofficer or other peace officer shall execute any such order in like manner asordinary criminal process.

3. Any parole and probation officer or any peaceofficer with power to arrest may arrest a parolee without a warrant if there isprobable cause to believe that he has committed acts that would constitute aviolation of his parole.

4. Except as otherwise provided in subsection 5, afterarresting a paroled prisoner for violation of a condition of his parole andplacing him in detention or, pursuant to NRS213.15105, in residential confinement, the arresting officer shall:

(a) Present to the detaining authorities, if any, astatement of the charges against the parolee; and

(b) Notify the Board of the arrest and detention orresidential confinement of the parolee and submit a written report showing inwhat manner the parolee violated a condition of his parole.

5. A parole and probation officer or a peace officermay immediately release from custody without any further proceedings any personhe arrests without a warrant for violating a condition of parole if the paroleand probation officer or peace officer determines that there is no probablecause to believe that the person violated the condition of parole.

(Added to NRS by 1975, 196; A 1979, 324; 1991, 312)

NRS 213.15103 Incarcerationand custody of parolee who violates condition of parole; duty of Division.

1. If a parolee is incarcerated in a county jail for aviolation of a condition of his parole or because his residential confinementis terminated pursuant to NRS 213.15198,the sheriff of that county shall notify the Chief. If there are no othercriminal charges pending or warrants outstanding for the parolee, the Divisionshall take custody of the parolee within:

(a) Five working days after the inquiry held pursuantto NRS 213.1511 is conducted.

(b) Five working days after receiving notice from thesheriff if the parolee was paroled by another state and is under supervision inthis State pursuant to NRS 213.215.

2. If the Division fails to take custody of a paroleewithin the time required by subsection 1, the Division shall reimburse thecounty in which the jail is situated, at a daily rate to be determined by theboard of county commissioners for that county, for the cost of housing theparolee each day the parolee is incarcerated in the jail. If the Division doesnot certify in writing within:

(a) Five working days after the inquiry held pursuantto NRS 213.1511 is conducted; or

(b) Five working days after receiving notice from thesheriff if the parolee was paroled by another state and is under supervision inthis State pursuant to NRS 213.215,

thatcontinued incarceration of the parolee is necessary, the sheriff may, if thereare 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 theDivision has entered into an agreement with a county that provides otherwise.

(Added to NRS by 1993, 2884; A 1995, 730, 2554; 2001, 2369)

NRS 213.15105 Placementof alleged parole violator in residential confinement pending inquiry. The Chief Parole and Probation Officer may, in accordancewith the provisions of NRS 213.15193, 213.15195 and 213.15198, order any parolee who isarrested pursuant to NRS 213.151 to beplaced in residential confinement in lieu of detention in a county jail pendingan inquiry to determine whether there is probable cause to believe that theparolee has committed any act which would constitute a violation of his parole.

(Added to NRS by 1991, 311)

NRS 213.1511 Inquiryto determine probable cause to believe violation occurred: Inquiring officer;place and time of inquiry; oaths.

1. Before a parolee who has been arrested and is incustody for a violation of his parole may be returned to the custody of theDepartment of Corrections for that violation, an inquiry must be conducted todetermine whether there is probable cause to believe that he has committed actsthat would constitute such a violation.

2. The inquiry must be conducted before an inquiringofficer 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,

but he neednot 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 allegedviolation or the arrest and within 15 working days after the arrest.

4. Any conviction for violating a federal or state lawor a local ordinance, except a minor traffic offense, which is committed whilethe prisoner is on parole constitutes probable cause for the purposes ofsubsection 1 and the inquiry required therein need not be held.

5. For the purposes of this section, the inquiringofficer may administer oaths.

(Added to NRS by 1975, 196; A 1979, 169; 1983, 269,726; 1993, 2885; 2001Special Session, 203)

NRS 213.1513 Inquiryto determine probable cause to believe violation occurred: Notice to parolee;rights of parolee.

1. The Board or detaining authority shall give thearrested 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 parolehave 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 andany person who can give relevant information.

(d) Confront and question any person who appearsagainst him unless, in the opinion of the inquiring officer, the informantwould be subjected to a risk of harm by the disclosure of his identity.

(Added to NRS by 1975, 196; A 1983, 269)

NRS 213.1515 Inquiryto determine probable cause to believe violation occurred: Findings anddeterminations of inquiring officer; continued detention of parolee.

1. Upon completion of the inquiry, the inquiringofficer shall:

(a) Make a written summary of what occurred at theinquiry, noting the substance of the evidence given in support of parolerevocation and the parolees position and responses.

(b) Determine whether there is probable cause to holdthe parolee for a Board hearing on parole revocation.

2. If the inquiring officer determines that there isprobable cause, his determination is sufficient to warrant the paroleescontinued detention and return to prison pending the Boards hearing.

(Added to NRS by 1975, 197; A 1983, 727)

NRS 213.1517 Actionsby Chief and Board after determination of existence of probable cause tocontinue detention of paroled prisoner.

1. Where the inquiring officer has determined thatthere is probable cause for a hearing by the Board, the Chief may, afterconsideration 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 residentialconfinement 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 undersubsection 1 he deems appropriate within:

(a) Fifteen days if the prisoner was paroled by theBoard.

(b) Thirty days if the prisoner was paroled by theauthority of another state and is under supervision in this state pursuant to NRS 213.215. This paragraph does not applyto a parolee who is retaken by an officer of the sending state.

3. Except as otherwise provided in subsection 4, if adetermination has been made that probable cause exists for the continueddetention of a paroled prisoner, the Board shall consider the prisoners casewithin 60 days after his return to the custody of the Department of Correctionsor his placement in residential confinement pursuant to subsection 1.

4. If probable cause for continued detention of aparoled prisoner is based on conduct which is the subject of a new criminalcharge, the Board may consider the prisoners case under the provisions ofsubsection 3 or defer consideration until not more than 60 days after hisreturn to the custody of the Department of Corrections following the finaladjudication of the new criminal charge.

(Added to NRS by 1975, 197; A 1981, 480; 1983, 270;1991, 313; 1993, 50; 1995, 640; 2001, 2370; 2001 Special Session,204; 2003, 427)

NRS 213.1518 Effectof violation of condition of parole, forfeiture and restoration of credits.

1. If a parolee violates a condition of his parole, heforfeits all or part of the credits earned by him pursuant to NRS 209.447 and 209.4475 after his release on parole, inthe discretion of the Board.

2. A forfeiture may be made only by the Board afterproof of the violation and notice to the parolee.

3. The Board may restore credits forfeited for suchreasons as it considers proper.

4. The Chief Parole and Probation Officer shall reportto the Director of the Department of Corrections any forfeiture or restorationof credits pursuant to this section.

(Added to NRS by 1991, 1411; A 2001 Special Session,204; 2003, 408)

NRS 213.15185 Whenparoled prisoner deemed escaped prisoner; loss of credits; service of unexpiredterm of imprisonment.

1. A prisoner who is paroled and leaves the Statewithout permission from the Board or who does not keep the Board informed as tohis location as required by the conditions of his parole shall be deemed anescaped prisoner and arrested as such.

2. Except as otherwise provided in subsection 2 of NRS 213.1519, if his parole is lawfullyrevoked and he is thereafter returned to prison, he forfeits all previouslyearned credits earned to reduce his sentence pursuant to chapter 209 of NRS and shall serve any part ofthe unexpired maximum term of his original sentence as may be determined by theBoard.

3. Except as otherwise provided in subsection 2 of NRS 213.1519, the Board may restore anycredits forfeited pursuant to subsection 2.

4. Except as otherwise provided in NRS 213.15187, the time a person is anescaped 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)

NRS 213.15187 Convictionand incarceration of paroled prisoner in other jurisdiction; revocation orcontinuation of parole.

1. Except as otherwise provided in subsection 2, if aprisoner who is paroled by this state is convicted of and incarcerated for anew crime in a jurisdiction outside of this state, the time during which theprisoner is incarcerated in the other jurisdiction is not time served on histerm of imprisonment in this state.

2. The Board may:

(a) Revoke the parole of a prisoner described insubsection 1 immediately and allow the time during which the prisoner isincarcerated in the other jurisdiction to be time served on his term ofimprisonment in this state;

(b) Revoke the parole of a prisoner described insubsection 1 at a later date that the Board specifies and allow the time duringwhich the prisoner is incarcerated in the other jurisdiction after the date onwhich the parole is revoked to be time served on his term of imprisonment inthis state;

(c) Continue the parole of a prisoner described insubsection 1 immediately and allow the parole of the prisoner to runconcurrently with the time served in the other jurisdiction; or

(d) Continue the parole of a prisoner described insubsection 1 at a later date that the Board specifies and allow the parole ofthe prisoner to run concurrently with the time served in the other jurisdictionafter the date on which the parole is continued.

(Added to NRS by 1999, 23)

NRS 213.1519 Effectof parole revocation.

1. Except as otherwise provided in subsection 2, aparolee whose parole is revoked by decision of the Board for a violation of anyrule or regulation governing his conduct:

(a) Forfeits all credits previously earned to reducehis sentence pursuant to chapter 209 of NRS;and

(b) Must serve such part of the unexpired maximum termof his original sentence as may be determined by the Board. The Board mayrestore any credits forfeited under this subsection.

2. A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked forhaving been convicted of a new felony:

(a) Forfeits all credits previously earned to reducehis sentence pursuant to chapter 209 of NRS;

(b) Must serve the entire unexpired maximum term of hisoriginal sentence; and

(c) May not again be released on parole during his termof imprisonment.

(Added to NRS by 1975, 197; A 1987, 947; 1991, 1411;1995, 1260; 2003, 428)

NRS 213.15193 Residentialconfinement of alleged violator of parole: Requirements; electronicsupervision.

1. Except as otherwise provided in subsection 6, theChief may order the residential confinement of a parolee if he believes thatthe parolee does not pose a danger to the community and will appear at ascheduled inquiry or hearing.

2. In ordering the residential confinement of aparolee, the Chief shall:

(a) Require the parolee to be confined to his residenceduring the time he is away from his employment, community service or otheractivity authorized by the Division; and

(b) Require intensive supervision of the parolee,including, without limitation, unannounced visits to his residence or otherlocations where he is expected to be to determine whether he is complying withthe terms of his confinement.

3. An electronic device approved by the Division maybe used to supervise a parolee who is ordered to be placed in residentialconfinement. The device must be minimally intrusive and limited in capabilityto recording or transmitting information concerning the presence of the paroleeat his residence, including, without limitation, the transmission of stillvisual images which do not concern the activities of the parolee while insidehis 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 theparolee while inside his residence,

must not beused.

4. The Chief shall not order a parolee to be placed inresidential confinement unless the parolee agrees to the order.

5. Any residential confinement must not extend beyondthe unexpired maximum term of the original sentence of the parolee.

6. The Chief shall not order a parolee who is servinga sentence for committing a battery which constitutes domestic violencepursuant to NRS 33.018 to be placed inresidential confinement unless the chief makes a finding that the parolee isnot 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; 2001Special Session, 139)

NRS 213.15195 Residentialconfinement of alleged violator of parole: Terms and conditions; notificationof parolee.

1. In ordering a parolee to be placed in residentialconfinement, the Chief Parole and Probation Officer may establish the terms andconditions of that confinement.

2. The Chief Parole and Probation Officer may, at anytime, modify the terms and conditions of the residential confinement.

3. The Chief Parole and Probation Officer shall causea copy of his order to be delivered to the parolee.

(Added to NRS by 1991, 312)

NRS 213.15198 Residentialconfinement of alleged violator of parole: Termination by Chief Parole andProbation Officer.

1. The Chief Parole and Probation Officer mayterminate the residential confinement of a parolee and order the detention ofthe parolee in a county jail pending an inquiry or hearing if:

(a) The parolee violates the terms or conditions of hisresidential confinement; or

(b) The Chief Parole and Probation Officer, in hisdiscretion, determines that the parolee poses a danger to the community or thatthere is a reasonable doubt that the parolee will appear at the inquiry orhearing.

2. A parolee has no right to dispute a decision toterminate his residential confinement.

(Added to NRS by 1991, 312)

NRS 213.152 Residentialconfinement of violator of parole: Authority of Board; requirements; electronicsupervision.

1. Except as otherwise provided in subsection 6, if aparolee violates a condition of his parole, the Board may order him to a termof residential confinement in lieu of suspending his parole and returning himto confinement. In making this determination, the Board shall consider thecriminal record of the parolee and the seriousness of the crime committed.

2. In ordering the parolee to a term of residentialconfinement, the Board shall:

(a) Require the parolee to be confined to his residenceduring the time he is away from his employment, community service or otheractivity authorized by the Division; and

(b) Require intensive supervision of the parolee,including, without limitation, unannounced visits to his residence or otherlocations where he is expected to be in order to determine whether he iscomplying with the terms of his confinement.

3. An electronic device approved by the Division maybe used to supervise a parolee ordered to a term of residential confinement.The device must be minimally intrusive and limited in capability to recordingor transmitting information concerning the presence of the parolee at hisresidence, including, but not limited to, the transmission of still visualimages which do not concern the activities of the person while inside hisresidence. 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 theparolee while inside his residence,

must not beused.

4. The Board shall not order a parolee to a term ofresidential confinement unless he agrees to the order.

5. A term of residential confinement may not be longerthan the unexpired maximum term of the original sentence of the parolee.

6. The Board shall not order a parolee who is servinga sentence for committing a battery which constitutes domestic violencepursuant to NRS 33.018 to a term ofresidential confinement unless the Board makes a finding that the parolee isnot 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)

NRS 213.1524 Residentialconfinement of violator of parole: Terms and conditions; notification ofparolee.

1. In ordering a parolee to a term of residentialconfinement, the Board may establish the terms and conditions of thatconfinement.

2. The Board may, at any time, modify the terms andconditions of the residential confinement.

3. The Board shall cause a copy of its order to bedelivered to the parolee.

(Added to NRS by 1987, 2232)

NRS 213.1526 Residentialconfinement of violator of parole: Violation of term or condition. If it is determined that the parolee violated any term orcondition of his residential confinement, the order may be rescinded, modifiedor continued, and his parole may be revoked.

(Added to NRS by 1987, 2233)

NRS 213.1528 Residentialconfinement of violator of parole: Program of supervision. The Board shall establish procedures to administer aprogram of supervision for parolees who are ordered to a term of residentialconfinement pursuant to NRS 213.152.

(Added to NRS by 1987, 2233)

NRS 213.153 Paymentof expenses of returning person for violating parole; restitution for expensesincurred in return.

1. The necessary expenses of returning to the StateBoard of Parole Commissioners a person arrested for violation of parole are acharge against the State and must be paid from money appropriated to thedivision. After the appropriation for this purpose is exhausted, money must beallocated to the Division out of the Reserve for Statutory Contingency Account,upon approval by the State Board of Examiners, for the payment of theseexpenses.

2. Upon determining that a parolee has violated acondition of his parole, the Board shall, if practicable, order the parolee tomake restitution for any necessary expenses incurred by a governmental entityin 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

NRS 213.154 Divisionto issue honorable or dishonorable discharge to parolee whose term of sentencehas expired; unpaid restitution constitutes civil liability.

1. The Division shall issue an honorable discharge toa parolee whose term of sentence has expired if the parolee has:

(a) Fulfilled the conditions of his parole for theentire period of his parole; or

(b) Demonstrated his fitness for honorable dischargebut 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 dischargeto 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 asordered by the court, without a verified showing of economic hardship; or

(c) The parolee has otherwise failed to qualify for anhonorable discharge pursuant to subsection 1.

3. Any amount of restitution that remains unpaid by aperson after he has been discharged from parole constitutes a civil liabilityas of the date of discharge.

(Added to NRS by 1999, 68)

Civil Rights of Paroled Prisoners

NRS 213.155 Restorationof civil rights; limitations.

1. Except as otherwise provided in subsection 2, aperson who receives an honorable discharge from parole pursuant to NRS 213.154:

(a) Isimmediately restored to the following civil rights:

(1) Theright to vote; and

(2) Theright to serve as a juror in a civil action.

(b) Four yearsafter the date of his honorable discharge from parole, is restored to the rightto hold office.

(c) Six yearsafter the date of his honorable discharge from parole, is restored to the rightto serve as a juror in a criminal action.

2. Except asotherwise provided in this subsection, the civil rights set forth in subsection1 are not restored to a person who has received an honorable discharge fromparole if the person has previously been convicted in this State:

(a) Of acategory A felony.

(b) Of anoffense that would constitute a category A felony if committed as of the dateof his honorable discharge from parole.

(c) Of acategory B felony involving the use of force or violence that resulted insubstantial bodily harm to the victim.

(d) Of anoffense involving the use of force or violence that resulted in substantialbodily harm to the victim and that would constitute a category B felony if committedas of the date of his honorable discharge from parole.

(e) Two or moretimes of a felony, unless a felony for which the person has been convictedarose out of the same act, transaction or occurrence as another felony, inwhich case the convictions for those felonies shall be deemed to constitute asingle conviction for the purposes of this paragraph.

A person described in thissubsection may petition a court of competent jurisdiction for an order grantingthe restoration of his civil rights as set forth in subsection 1.

3. Except fora person subject to the limitations set forth in subsection 2, upon hishonorable discharge from parole, a person so discharged must be given an officialdocument which provides:

(a) That he hasreceived an honorable discharge from parole;

(b) That he hasbeen restored to his civil rights to vote and to serve as a juror in a civilaction as of the date of his honorable discharge from parole;

(c) The date onwhich his civil right to hold office will be restored to him pursuant toparagraph (b) of subsection 1; and

(d) The date onwhich his civil right to serve as a juror in a criminal action will be restoredto him pursuant to paragraph (c) of subsection 1.

4. Subject tothe limitations set forth in subsection 2, a person who has been honorablydischarged from parole in this State or elsewhere and whose officialdocumentation of his honorable discharge from parole is lost, damaged ordestroyed may file a written request with a court of competent jurisdiction torestore his civil rights pursuant to this section. Upon verification that theperson has been honorably discharged from parole and is eligible to be restoredto the civil rights set forth in subsection 1, the court shall issue an orderrestoring the person to the civil rights set forth in subsection 1. A personmust not be required to pay a fee to receive such an order.

5. A personwho has been honorably discharged from parole in this State or elsewhere maypresent:

(a) Officialdocumentation of his honorable discharge from parole, if it contains theprovisions set forth in subsection 3; or

(b) A courtorder restoring his civil rights,

as proof that he has been restoredto the civil rights set forth in subsection 1.

6. The Board may adopt regulations necessary orconvenient for the purposes of this section.

(Added to NRS by 1959, 799; A 1973, 1845; 1977, 665;1993, 39; 1999, 69;2001, 1696; 2003, 2693; 2005, 2358)

NRS 213.157 Restorationof civil rights after sentence served; limitations.

1. Except as otherwise provided in subsection 2, aperson convicted of a felony in the State of Nevada who has served his sentenceand has been released from prison:

(a) Isimmediately restored to the following civil rights:

(1) Theright to vote; and

(2) Theright to serve as a juror in a civil action.

(b) Four yearsafter the date of his release from prison, is restored to the right to holdoffice.

(c) Six yearsafter the date of his release from prison, is restored to the right to serve asa juror in a criminal action.

2. Except asotherwise provided in this subsection, the civil rights set forth in subsection1 are not restored to a person who has been released from prison if the personhas previously been convicted in this State:

(a) Of acategory A felony.

(b) Of anoffense that would constitute a category A felony if committed as of the dateof his release from prison.

(c) Of acategory B felony involving the use of force or violence that resulted insubstantial bodily harm to the victim.

(d) Of anoffense involving the use of force or violence that resulted in substantialbodily harm to the victim and that would constitute a category B felony if committedas of the date of his release from prison.

(e) Two or moretimes of a felony, unless a felony for which the person has been convictedarose out of the same act, transaction or occurrence as another felony, inwhich case the convictions for those felonies shall be deemed to constitute asingle conviction for the purposes of this paragraph.

A person described in thissubsection may petition a court of competent jurisdiction for an order grantingthe restoration of his civil rights as set forth in subsection 1.

3. Except fora person subject to the limitations set forth in subsection 2, upon his releasefrom prison, a person so released must be given an official document whichprovides:

(a) That he hasbeen released from prison;

(b) That he hasbeen restored to his civil rights to vote and to serve as a juror in a civilaction as of the date of his release from prison;

(c) The date onwhich his civil right to hold office will be restored to him pursuant toparagraph (b) of subsection 1; and

(d) The date onwhich his civil right to serve as a juror in a criminal action will be restoredto him pursuant to paragraph (c) of subsection 1.

4. Subject tothe limitations set forth in subsection 2, a person who has been released fromprison in this State or elsewhere and whose official documentation of hisrelease from prison is lost, damaged or destroyed may file a written requestwith a court of competent jurisdiction to restore his civil rights pursuant tothis section. Upon verification that the person has been released from prisonand 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 setforth in subsection 1. A person must not be required to pay a fee to receivesuch an order.

5. A personwho has been released from prison in this State or elsewhere may present:

(a) Officialdocumentation of his release from prison, if it contains the provisions set forthin subsection 3; or

(b) A courtorder restoring his civil rights,

as proofthat 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

NRS 213.215 Enactmentof Compact. The Interstate Compact for AdultOffender Supervision is hereby ratified, enacted into law and entered into withall jurisdictions legally joining in the Compact, in substantially the form setforth in this section:

 

ARTICLE I. PURPOSE

 

(1) The compacting states to this Interstate Compactrecognize that each state is responsible for the supervision of adult offendersin the community who are authorized pursuant to the bylaws and rules of thiscompact to travel across state lines both to and from each compacting state insuch a manner as to track the location of offenders, transfer supervisionauthority in an orderly and efficient manner, and when necessary returnoffenders 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 authorizedand encouraged compacts for cooperative efforts and mutual assistance in theprevention of crime.

(3) It is the purpose of this compact and theInterstate Commission created hereunder, through means of joint and cooperativeaction among the compacting states to provide the framework for the promotionof public safety and protect the rights of victims through the control andregulation of the interstate movement of offenders in the community, to providefor the effective tracking, supervision and rehabilitation of these offendersby 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 InterstateCommission which will establish uniform procedures to manage the movementbetween states of adults placed under community supervision and released to thecommunity under the jurisdiction of courts, paroling authorities, correctionsor other criminal justice agencies which will promulgate rules to achieve thepurpose of this compact, ensure an opportunity for input and timely notice tovictims and to jurisdictions where defined offenders are authorized to travelor to relocate across state lines, establish a system of uniform datacollection, access to information on active cases by authorized criminaljustice officials and regular reporting of compact activities to heads of statecouncils, state executive, judicial and legislative branches and criminaljustice administrators, monitor compliance with rules governing interstatemovement of offenders and initiate interventions to address and correctnoncompliance, and coordinate training and education regarding regulation ofinterstate movement of offenders for officials involved in such activity.

(5) The compacting states recognize that there is noright of any offender to live in another state and that duly accreditedofficers of a sending state may at all times enter a receiving state and thereapprehend and retake any offender under supervision subject to the provisionsof this compact and bylaws and rules promulgated hereunder.

(6) It is the policy of the compacting states that theactivities conducted by the Interstate Commission created herein are theformation of public policies and are therefore public business.

 

ARTICLE II. DEFINITIONS

 

As used in this compact, unless the context clearlyrequires a different construction:

(1) Adult means both individuals legally classifiedas adults and juveniles treated as adults by court order, statute or operationof law.

(2) Bylaws means those bylaws established by the InterstateCommission for its governance or for directing or controlling the InterstateCommissions actions or conduct.

(3) Compact administrator means the individual ineach compacting state appointed pursuant to the terms of this compactresponsible for the administration and management of the states supervisionand transfer of offenders subject to the terms of this compact, the rulesadopted by the Interstate Commission and policies adopted by the State Councilunder this compact.

(4) Compacting state means any state which hasenacted the enabling legislation for this compact.

(5) Commissioner means the voting representative ofeach compacting state appointed pursuant to Article IV of this compact.

(6) Interstate Commission means the Interstate Commissionfor Adult Offender Supervision established by this compact.

(7) Member means the commissioner of a compactingstate or designee, who shall be a person officially connected with thecommissioner.

(8) Noncompacting state means any state which has notenacted the enabling legislation for this compact.

(9) Offender means an adult placed under, or subjectto, supervision as the result of the commission of a criminal offense andreleased to the community under the jurisdiction of courts, parolingauthorities, 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, substantiallyaffecting interested parties in addition to the Interstate Commission, whichshall have the force and effect of law in the compacting states.

(12) State means a state of the United States, theDistrict of Columbia and any other territorial possession of the United States.

(13) State Council means the resident members of theState Council for Interstate Adult Offender Supervision created by each stateunder Article IV of this compact.

 

ARTICLE III. THECOMPACT COMMISSION

 

(1) The compacting states hereby create the InterstateCommission for Adult Offender Supervision. The Interstate Commission shall bea body corporate and joint agency of the compacting states. The InterstateCommission shall have all the responsibilities, powers and duties set forthherein, including the power to sue and be sued, and such additional powers asmay be conferred upon it by subsequent action of the respective legislatures ofthe compacting states in accordance with the terms of this compact.

(2) The Interstate Commission shall consist ofcommissioners selected and appointed by resident members of a State Council forInterstate Adult Offender Supervision for each state. In addition to thecommissioners who are the voting representatives of each state, the InterstateCommission shall include individuals who are not commissioners but who aremembers of interested organizations. Such noncommissioner members must includea member of the national organizations of governors, legislators, state chiefjustices, attorneys general and crime victims. All noncommissioner members ofthe Interstate Commission shall be ex officio, nonvoting members. TheInterstate Commission may provide in its bylaws for such additional, exofficio, nonvoting members as it deems necessary.

(3) Each compacting state represented at any meeting ofthe Interstate Commission is entitled to one vote. A majority of the compactingstates shall constitute a quorum for the transaction of business, unless a largerquorum is required by the bylaws of the Interstate Commission.

(4) The Interstate Commission shall meet at least onceeach calendar year. The chairperson may call additional meetings and, upon therequest of 27 or more compacting states, shall call additional meetings. Publicnotice shall be given of all meetings, and meetings shall be open to thepublic.

(5) The Interstate Commission shall establish anexecutive committee which shall include commission officers, members and othersas shall be determined by the bylaws. The executive committee shall have thepower to act on behalf of the Interstate Commission during periods when theInterstate Commission is not in session, with the exception of rulemakingand/or amendment to the compact. The executive committee oversees theday-to-day activities managed by the executive director and InterstateCommission staff, administers enforcement and compliance with the provisions ofthe compact, its bylaws and as directed by the Interstate Commission andperforms other duties as directed by the Interstate Commission or set forth inthe bylaws.

 

ARTICLE IV. THE STATECOUNCIL

 

(1) The Nevada State Council for Interstate AdultOffender Supervision is hereby created. The Nevada State Council for InterstateAdult Offender Supervision consists of the following seven members:

(a) The compact administrator, appointed by thegovernor, who shall serve as chairman and as commissioner to the InterstateCommission for this state;

(b) Three members appointed by the governor, one ofwhom must be a representative of an organization supporting the rights ofvictims of crime;

(c) One member of the senate, appointed by the majorityleader of the senate;

(d) One member of the assembly, appointed by thespeaker of the assembly; and

(e) One member who is a district judge, appointed bythe chief justice of the supreme court of Nevada.

(2) The members of the Nevada State Council forInterstate Adult Offender Supervision serve at the pleasure of the persons whoappointed them.

(3) The legislators who are members of the Nevada StateCouncil for Interstate Adult Offender Supervision are entitled to receive thesalary provided for a majority of the members of the legislature during thefirst 60 days of the preceding session for each days attendance at a meetingof 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 OffenderSupervision is entitled to receive the per diem allowance and travel expensesprovided for state officers and employees generally.

(5) The Nevada State Council for Interstate AdultOffender Supervision shall develop policies concerning the operation of thecompact within this state and shall exercise oversight and advocacy concerningits participation in activities of the Interstate Commission.

 

ARTICLE V. POWERS ANDDUTIES OF THE INTERSTATE COMMISSION

 

The Interstate Commission shall have the followingpowers:

(1) To adopt a seal and suitable bylaws governing themanagement and operation of the Interstate Commission.

(2) To promulgate rules which shall have the force andeffect of statutory law and shall be binding in the compacting states to theextent and in the manner provided in this compact.

(3) To oversee, supervise and coordinate the interstatemovement of offenders subject to the terms of this compact and any bylawsadopted 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 ofpersonnel, including, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staffwhich it deems necessary for the carrying out of its functions, including, butnot limited to, an executive committee as required by Article III which shallhave the power to act on behalf of the Interstate Commission in carrying outits powers and duties hereunder.

(9) To elect or appoint such officers, attorneys,employees, agents or consultants, and to fix their compensation, define theirduties and determine their qualifications, and to establish the InterstateCommissions 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 ofmoney, equipment, supplies, materials and services, and to receive, utilize anddispose of same.

(11) To lease, purchase, accept contributions ordonations 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 ormixed.

(13) To establish a budget and make expenditures andlevy dues as provided in Article X of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compactingstates.

(16) To perform such functions as may be necessary orappropriate 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 activitiesof the Interstate Commission during the preceding year. Such reports shall alsoinclude any recommendations that may have been adopted by the Interstate Commission.

(18) To coordinate education, training and publicawareness regarding the interstate movement of offenders for officials involvedin such activity.

(19) To establish uniform standards for the reporting,collecting and exchanging of data.

 

ARTICLE VI. ORGANIZATIONAND OPERATION OF THE INTERSTATE COMMISSION

 

Section A. Bylaws

 

(1) The Interstate Commission shall, by a majority ofthe members, within 12 months of the first Interstate Commission meeting, adoptbylaws to govern its conduct as may be necessary or appropriate to carry outthe purposes of the compact, including, but not limited to:

(a) Establishing the fiscal year of the InterstateCommission.

(b) Establishing an executive committee and such othercommittees as may be necessary.

(c) Providing reasonable standards and procedures for:

(i) The establishment of committees; and

(ii) Governing any general or specificdelegation of any authority or function of the Interstate Commission.

(d) Providing reasonable procedures for calling and conductingmeetings of the Interstate Commission and ensuring reasonable notice of eachsuch meeting.

(e) Establishing the titles and responsibilities of theofficers of the Interstate Commission.

(f) Providing reasonable standards and procedures forthe establishment of the personnel policies and programs of the InterstateCommission. Notwithstanding any civil service or other similar laws of anycompacting state, the bylaws shall exclusively govern the personnel policiesand programs of the Interstate Commission.

(g) Providing a mechanism for winding up the operationsof the Interstate Commission and the equitable return of any surplus funds thatmay exist upon the termination of the compact after the payment and/orreserving of all of its debts and obligations.

(h) Providing transition rules for start upadministration of the compact.

(i) Establishing standards and procedures forcompliance and technical assistance in carrying out the compact.

 

Section B. Officersand Staff

 

(2) The Interstate Commission shall, by a majority ofthe 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 thebylaws. The chairperson or, in his absence or disability, the vice chairpersonshall preside at all meetings of the Interstate Commission. The officers soelected shall serve without compensation or remuneration from the InterstateCommission; provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for any actual and necessary costs and expensesincurred by them in the performance of their duties and responsibilities asofficers of the Interstate Commission.

(3) The Interstate Commission shall, through itsexecutive committee, appoint or retain an executive director for such period,upon such terms and conditions and for such compensation as the InterstateCommission may deem appropriate. The executive director shall serve assecretary to the Interstate Commission, and hire and supervise such other staffas may be authorized by the Interstate Commission, but shall not be a member.

 

Section C. CorporateRecords of the Interstate Commission

 

(4) The Interstate Commission shall maintain itscorporate books and records in accordance with the bylaws.

 

Section D. QualifiedImmunity, Defense and Indemnification

 

(5) The members, officers, executive director andemployees of the Interstate Commission shall be immune from suit and liability,either personally or in their official capacity, for any claim for damage to orloss of property or personal injury or other civil liability caused or arisingout of any actual or alleged act, error or omission that occurred within thescope of Interstate Commission employment, duties or responsibilities; providedthat nothing in this paragraph shall be construed to protect any such personfrom suit and/or liability for any damage, loss, injury or liability caused bythe intentional or willful and wanton misconduct of any such person.

(6) The Interstate Commission shall defend thecommissioner of a compacting state, or his or her representatives or employees,or the Interstate Commissions representatives or employees, in any civilaction seeking to impose liability, arising out of any actual or alleged act,error or omission that occurred within the scope of Interstate Commissionemployment, duties or responsibilities, or that the defendant had a reasonablebasis for believing occurred within the scope of Interstate Commissionemployment, duties or responsibilities; provided that the actual or allegedact, error or omission did not result from intentional wrongdoing on the partof such person.

(7) The Interstate Commission shall indemnify and holdthe commissioner of a compacting state, the appointed designee or employees, orthe Interstate Commissions representatives or employees, harmless in theamount of any settlement or judgment obtained against such persons arising outof any actual or alleged act, error or omission that occurred within the scopeof Interstate Commission employment, duties or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided that theactual or alleged act, error or omission did not result from gross negligenceor intentional wrongdoing on the part of such person.

 

ARTICLE VII. ACTIVITIESOF THE INTERSTATE COMMISSION

 

(1) The Interstate Commission shall meet and take suchactions as are consistent with the provisions of this compact.

(2) Except as otherwise provided in this compact andunless a greater percentage is required by the bylaws, in order to constitutean act of the Interstate Commission, such act shall have been taken at ameeting of the Interstate Commission and shall have received an affirmativevote of a majority of the members present.

(3) Each member of the Interstate Commission shall havethe right and power to cast a vote to which that compacting state is entitledand to participate in the business and affairs of the Interstate Commission. Amember shall vote in person on behalf of the state and shall not delegate avote to another member state. However, a State Council shall appoint anotherauthorized 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 bylawsmay provide for members participation in meetings by telephone or other meansof telecommunication or electronic communication. Any voting conducted by telephoneor other means of telecommunication or electronic communication shall besubject to the same quorum requirements of meetings where members are presentin person.

(4) The Interstate Commission shall meet at least onceduring each calendar year. The chairperson of the Interstate Commission maycall additional meetings at any time and, upon the request of a majority of themembers, shall call additional meetings.

(5) The Interstate Commissions bylaws shall establishconditions and procedures under which the Interstate Commission shall make itsinformation and official records available to the public for inspection orcopying. The Interstate Commission may exempt from disclosure any informationor official records to the extent they would adversely affect personal privacyrights or proprietary interests. In promulgating such rules, the InterstateCommission may make available to law enforcement agencies records andinformation otherwise exempt from disclosure, and may enter into agreementswith law enforcement agencies to receive or exchange information or recordssubject to nondisclosure and confidentiality provisions.

(6) Public notice shall be given of all meetings andall meetings shall be open to the public, except as set forth in the rules oras otherwise provided in the compact. The Interstate Commission shallpromulgate rules consistent with the principles contained in the Government inSunshine Act, 5 U.S.C. Section 552(b), as may be amended. The InterstateCommission and any of its committees may close a meeting to the public where itdetermines by two-thirds vote that an open meeting would be likely to:

(a) Relate solely to the Interstate Commissionsinternal personnel practices and procedures.

(b) Disclose matters specifically exempted fromdisclosure by statute.

(c) Disclose trade secrets or commercial or financialinformation which is privileged or confidential.

(d) Involve accusing any person of a crime or formallycensuring any person.

(e) Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy.

(f) Disclose investigatory records compiled for lawenforcement purposes.

(g) Disclose information contained in or related toexamination, operating or condition reports prepared by, or on behalf of or forthe use of, the Interstate Commission with respect to a regulated entity forthe purpose of regulation or supervision of such entity.

(h) Disclose information, the premature disclosure ofwhich would significantly endanger the life of a person or the stability of aregulated entity.

(i) Specifically relate to the Interstate Commissionsissuance of a subpoena, or its participation in a civil action or proceeding.

For everymeeting closed pursuant to this provision, the Interstate Commissions chieflegal officer shall publicly certify that, in his or her opinion, the meetingmay be closed to the public, and shall reference each relevant exemptiveprovision.

(7) The Interstate Commission shall keep minutes whichshall fully and clearly describe all matters discussed in any meeting and shallprovide a full and accurate summary of any actions taken, and the reasonstherefor, including a description of each of the views expressed on any itemand the record of any roll call vote (reflected in the vote of each member onthe question). All documents considered in connection with any action shall beidentified in such minutes.

(8) The Interstate Commission shall collectstandardized data concerning the interstate movement of offenders as directedthrough its bylaws and rules which shall specify the data to be collected, themeans of collection and data exchange and reporting requirements.

 

ARTICLE VIII. RULEMAKINGFUNCTIONS OF THE INTERSTATE COMMISSION

 

(1) The Interstate Commission shall promulgate rules inorder to effectively and efficiently achieve the purposes of the compact,including transition rules governing administration of the compact during theperiod in which it is being considered and enacted by the states.

(2) Rulemaking shall occur pursuant to the criteria setforth in this article and the bylaws and rules adopted pursuant thereto. Suchrulemaking shall substantially conform to the principles of the federalAdministrative Procedure Act, 5 U.S.C. Section 551 et seq., and the FederalAdvisory 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 ofthe date specified in each rule or amendment.

(4) If a majority of the legislatures of the compactingstates rejects a rule, by enactment of a statute or resolution in the samemanner used to adopt the compact, then such rule shall have no further forceand effect in any compacting state.

(5) When promulgating a rule, the Interstate Commissionshall:

(a) Publish the proposed rule stating withparticularity the text of the rule which is proposed and the reason for theproposed 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, ifappropriate, 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 Courtfor the District of Columbia or in the federal district court where theInterstate Commissions principal office is located for judicial review of suchrule. If the court finds that the Interstate Commissions action is notsupported by substantial evidence, as defined in the APA, in the rulemakingrecord, the court shall hold the rule unlawful and set it aside.

(7) Subjects to be addressed within 12 months after thefirst 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 thereceiving state.

(i) Transition rules governing the operation of thecompact and the Interstate Commission during all or part of the period betweenthe effective date of the compact and the date on which the last eligible stateadopts the compact.

(j) Mediation, arbitration and dispute resolution.

(8) The existing rules governing the operation of theprevious compact superseded by this act shall be null and void 12 months afterthe first meeting of the Interstate Commission created hereunder.

(9) Upon determination by the Interstate Commissionthat an emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption; provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to said rule assoon as reasonably possible, in no event later than 90 days after the effectivedate of the rule.

 

ARTICLE IX. OVERSIGHT,ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

 

Section A. Oversight

 

(1) The Interstate Commission shall oversee theinterstate movement of adult offenders in the compacting states and shallmonitor such activities being administered in noncompacting states which maysignificantly affect compacting states.

(2) The courts and executive agencies in eachcompacting state shall enforce this compact and shall take all actionsnecessary and appropriate to effectuate the compacts purposes and intent. Inany judicial or administrative proceeding in a compacting state pertaining tothe subject matter of this compact which may affect the powers,responsibilities or actions of the Interstate Commission, the Interstate Commissionshall be entitled to receive all service of process in any such proceeding, andshall have standing to intervene in the proceeding for all purposes.

 

Section B. DisputeResolution

 

(3) The compacting states shall report to theInterstate Commission on issues or activities of concern to them, and cooperatewith and support the Interstate Commission in the discharge of its duties andresponsibilities.

(4) The Interstate Commission shall attempt to resolveany disputes or other issues which are subject to the compact and which mayarise among compacting states and noncompacting states.

(5) The Interstate Commission shall enact a bylaw orpromulgate a rule providing for both mediation and binding dispute resolutionfor disputes among the compacting states.

 

Section C. Enforcement

 

(6) The Interstate Commission, in the reasonableexercise of its discretion, shall enforce the provisions of this compact usingany or all means set forth in Article XII, Section B, of this compact.

 

ARTICLE X. FINANCE

 

(1) The Interstate Commission shall pay or provide forthe payment of the reasonable expenses of its establishment, organization andongoing activities.

(2) The Interstate Commission shall levy on and collectan annual assessment from each compacting state to cover the cost of theinternal operations and activities of the Interstate Commission and its staffwhich must be in a total amount sufficient to cover the Interstate Commissionsannual budget as approved each year. The aggregate annual assessment amountshall be allocated based upon a formula to be determined by the InterstateCommission, taking into consideration the population of the state and thevolume of interstate movement of offenders in each compacting state and shallpromulgate a rule binding upon all compacting states which governs saidassessment.

(3) The Interstate Commission shall not incur anyobligations 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 compactingstates, except by and with the authority of the compacting state.

(4) The Interstate Commission shall keep accurateaccounts of all receipts and disbursements. The receipts and disbursements ofthe Interstate Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall be auditedyearly by a certified or licensed public accountant and the report of the auditshall be included in and become part of the annual report of the Interstate Commission.

 

ARTICLE XI. COMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENT

 

(1) Any state, as defined in Article II of thiscompact, is eligible to become a compacting state.

(2) The compact shall become effective and binding uponlegislative 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 uponenactment into law by the 35th jurisdiction. Thereafter it shall becomeeffective and binding, as to any other compacting state, upon enactment of thecompact into law by that state. The governors of nonmember states or theirdesignees will be invited to participate in Interstate Commission activities ona nonvoting basis prior to adoption of the compact by all states andterritories of the United States.

(3) Amendments to the compact may be proposed by theInterstate Commission for enactment by the compacting states. No amendmentshall become effective and binding upon the Interstate Commission and thecompacting states unless and until it is enacted into law by unanimous consentof the compacting states.

 

ARTICLE XII. WITHDRAWAL,DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

 

Section A. Withdrawal

 

(1) Once effective, the compact shall continue in forceand remain binding upon each and every compacting state; provided that acompacting state may withdraw from the compact (withdrawing state) byenacting a statute specifically repealing the statute which enacted the compactinto law. The effective date of withdrawal is the effective date of the repeal.

(2) The withdrawing state shall immediately notify thechairperson of the Interstate Commission in writing upon the introduction oflegislation repealing this compact in the withdrawing state. The InterstateCommission shall notify the other compacting states of the withdrawing statesintent to withdraw within 60 days of its receipt thereof.

(3) The withdrawing state is responsible for allassessments, obligations and liabilities incurred through the effective date ofwithdrawal, including any obligations, the performance of which extends beyondthe effective date of withdrawal.

(4) Reinstatement following withdrawal of anycompacting state shall occur upon the withdrawing state reenacting the compactor upon such later date as determined by the Interstate Commission.

 

Section B. Default

 

(5) If the Interstate Commission determines that anycompacting state has at any time defaulted (defaulting state) in theperformance of any of its obligations or responsibilities under this compact,the bylaws or any duly promulgated rules, the Interstate Commission may imposeany or all of the following penalties:

(a) Fines, fees and costs in such amounts as are deemedto be reasonable as fixed by the Interstate Commission.

(b) Remedial training and technical assistance asdirected by the Interstate Commission.

(c) Suspension and termination of membership in thecompact. Suspension shall be imposed only after all other reasonable means ofsecuring compliance under the bylaws and rules have been exhausted. Immediatenotice of suspension shall be given by the Interstate Commission to thegovernor, the chief justice or chief judicial officer of the state, themajority and minority leaders of the defaulting states legislature, and theState Council.

(6) The grounds for default include, but are notlimited to, failure of a compacting state to perform such obligations orresponsibilities imposed upon it by this compact, Interstate Commission bylawsor duly promulgated rules. The Interstate Commission shall immediately notifythe defaulting state in writing of the penalty imposed by the InterstateCommission on the defaulting state pending a cure of the default. TheInterstate Commission shall stipulate the conditions and the time period withinwhich the defaulting state must cure its default. If the defaulting state failsto cure the default within the time period specified by the InterstateCommission, in addition to any other penalties imposed herein, the defaultingstate may be terminated from the compact upon an affirmative vote of a majorityof the compacting states and all rights, privileges and benefits conferred bythis compact shall be terminated from the effective date of suspension.

(7) Within 60 days of the effective date of terminationof a defaulting state, the Interstate Commission shall notify the governor, thechief justice or chief judicial officer and the majority and minority leadersof the defaulting states legislature and the State Council of suchtermination.

(8) The defaulting state is responsible for allassessments, obligations and liabilities incurred through the effective date oftermination, including any obligations, the performance of which extends beyondthe effective date of termination.

(9) The Interstate Commission shall not bear any costsrelating to the defaulting state unless otherwise mutually agreed upon betweenthe Interstate Commission and the defaulting state.

(10) Reinstatement following termination of anycompacting state requires both a reenactment of the compact by the defaultingstate and the approval of the Interstate Commission pursuant to the rules.

 

Section C. JudicialEnforcement

 

(11) The Interstate Commission may, by majority vote ofthe members, initiate legal action in the United States District Court for theDistrict of Columbia or, at the discretion of the Interstate Commission, in thefederal district where the Interstate Commission has its offices to enforcecompliance with the provisions of the compact, its duly promulgated rules andbylaws, against any compacting state in default. In the event judicialenforcement is necessary, the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorneys fees.

 

Section D. Dissolutionof Compact

 

(12) The compact dissolves effective upon the date ofthe withdrawal or default of the compacting state which reduces membership inthe compact to one compacting state. Upon the dissolution of this compact, thecompact becomes null and void and shall be of no further force or effect, andthe business and affairs of the Interstate Commission shall be wound up and anysurplus funds shall be distributed in accordance with the bylaws.

 

ARTICLE XIII. SEVERABILITYAND CONSTRUCTION

 

(1) The provisions of this compact shall be severable,and if any phrase, clause, sentence or provision is deemed unenforceable, theremaining provisions of the compact shall be enforceable.

(2) The provisions of this compact shall be liberallyconstrued to effectuate its purposes.

 

ARTICLE XIV. BINDINGEFFECT OF COMPACT AND OTHER LAWS

 

Section A. Other Laws

 

(1) Nothing herein prevents the enforcement of anyother law of a compacting state that is not inconsistent with this compact.

(2) The laws of this state, other than the constitutionof the State of Nevada, that conflict with this compact are superseded to theextent of the conflict.

 

Section B. BindingEffect of the Compact

 

(3) All lawful actions of the Interstate Commission,including all rules and bylaws promulgated by the Interstate Commission, arebinding upon the compacting states.

(4) All agreements between the Interstate Commissionand the compacting states are binding in accordance with their terms.

(5) Upon the request of a party to a conflict overmeaning or interpretation of Interstate Commission actions, and upon a majorityvote of the compacting states, the Interstate Commission may issue advisoryopinions regarding such meaning or interpretation.

(6) In the event any provision of this compact exceedsthe constitutional limits imposed on the legislature of any compacting state,the obligations, duties, powers or jurisdiction sought to be conferred by suchprovision upon the Interstate Commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate 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 thiscompact becomes effective.

(7) This state is bound by the bylaws and rulespromulgated under this compact only to the extent that the operation of thebylaws and rules does not impose an obligation exceeding any limitation onstate power or authority contained in the constitution of the State of Nevadaas interpreted by the courts of this state.

(Added to NRS by 2001, 2356)

PROGRAM FOR WORK RELEASE

NRS 213.291 Definitions. As used in NRS 213.291to 213.360, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 213.293, 213.294 and 213.297 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 2581)

NRS 213.293 Departmentdefined. Department means the Department ofCorrections.

(Added to NRS by 2003, 2581)

NRS 213.294 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 2003, 2581)

NRS 213.297 Programdefined. Program means a program of work releasethat is established by the Department pursuant to NRS 213.300.

(Added to NRS by 2003, 2581)

NRS 213.300 Establishmentof program.

1. The Department of Corrections may establish andadminister a program of work release under which a person sentenced to a termof imprisonment in an institution of the Department may be granted theprivilege of leaving secure custody during necessary and reasonable hours to:

(a) Work in this state at gainful private employmentthat 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 forthe purpose of seeking employment in this state.

(Added to NRS by 1977, 291, 854; A 1983, 323; 2001 Special Session,204; 2003, 2582)

NRS 213.310 Selectionand referral of offenders for enrollment in program.

1. If a program is established by the Departmentpursuant to NRS 213.300, the Directorshall, by appropriate means of classification and selection, determine which ofthe offenders, during the last 6 months confinement, are suitable for theprogram, excluding those sentenced to life imprisonment who are not eligiblefor parole and those imprisoned for violations of chapter201 of NRS who have not been certified by the designated board as eligiblefor parole.

2. The Director shall then select the names of thoseoffenders he determines to be eligible for the program, and the Director shallrefer the names of those offenders to the Chairman of the State Board of ParoleCommissioners for release into the program and, if appropriate, for residentialconfinement or other appropriate supervision as determined by the Division ofParole and Probation of the Department of Public Safety.

(Added to NRS by 1977, 854; A 1983, 323; 2001 Special Session,205; 2003, 2583)

NRS 213.315 Eligibilityof illiterate offenders, offenders whose native language is not English andoffenders with developmental, learning and other disabilities.

1. Except as otherwise provided in this section, anoffender who is illiterate is not eligible to participate in a program unless:

(a) He is regularly attending and making satisfactoryprogress in a program for general education; or

(b) The Director, for good cause, determines that thelimitation on eligibility should be waived under the circumstances with respectto a particular offender.

2. An offender whose:

(a) Native language is not English;

(b) Ability to read and write in his native language isat or above the level of literacy designated by the Board of State PrisonCommissioners in its regulations; and

(c) Ability to read and write the English language isbelow the level of literacy designated by the Board of State PrisonCommissioners in its regulations,

may not beassigned to an industrial or a vocational program unless he is regularlyattending and making satisfactory progress in a course which teaches English asa second language or the Director, for good cause, determines that thelimitation on eligibility should be waived under the circumstances with respectto a particular offender.

3. Upon written documentation that an illiterateoffender has a developmental, learning or other similar disability whichaffects his ability to learn, the Director may:

(a) Adapt or create an educational program orguidelines for evaluating the educational progress of the offender to meet hisparticular needs; or

(b) Exempt the offender from the required participationin an educational program prescribed by this section.

4. The provisions of this section do not apply to anoffender who:

(a) Presents satisfactory evidence that he has a highschool diploma or a general educational development certificate; or

(b) Is admitted into a program for the purpose ofobtaining additional education in this state.

5. As used in this section, illiterate means havingan ability to read and write that is below the level of literacy designated bythe Board of State Prison Commissioners in its regulations.

(Added to NRS by 1993, 2519; A 2001 Special Session,205; 2003, 1370,2583)

NRS 213.320 Administrationof program; duties of Director.

1. If a program is established by the Departmentpursuant to NRS 213.300, the Directorshall administer the program and shall:

(a) Refer offenders to employers who offer employmentor to employment agencies that locate employment for qualified applicants;

(b) Effect placement of offenders under the program;and

(c) Generally promote public understanding andacceptance of the program.

2. All state agencies shall cooperate with theDirector in carrying out this section to such extent as is consistent withtheir other lawful duties.

3. The Director shall adopt rules for administeringthe program.

(Added to NRS by 1977, 291, 855; A 1983, 324; 2001 Special Session,205; 2003, 2584)

NRS 213.330 Dispositionof salaries and wages of offender.

1. The salaries or wages of an offender employedpursuant to the program must be disbursed in the following order:

(a) To pay any costs associated with the offendersparticipation in the program, to the extent of his ability to pay.

(b) To allow the offender necessary travel expense toand from work and his other incidental expenses.

(c) To support the offenders dependents.

(d) To pay, either in full or ratably, the offendersobligations which have been acknowledged by him in writing or which have beenreduced to judgment.

2. Any balance of an offenders wages remaining afterall disbursements have been made pursuant to subsection 1 must be paid to theoffender upon his release from custody.

(Added to NRS by 1977, 855; A 2003, 2584)

NRS 213.350 Enrolleesnot agents or employees of State; status.

1. An offender enrolled in the program is not anagent, 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 consideredto be an offender in an institution of the Department.

(Added to NRS by 1977, 855; A 1983, 324; 2001 Special Session,206; 2003, 2584)

NRS 213.360 Terminationof enrollment; unauthorized absence constitutes escape.

1. The Director may immediately terminate anyoffenders enrollment in the program and transfer him to an institution of theDepartment if, in his judgment, the best interests of the State or the offenderrequire such action.

2. If an offender enrolled in the program is absentfrom his place of employment without a reason acceptable to the Director, theoffenders absence:

(a) Immediately terminates his enrollment in theprogram.

(b) Constitutes an escape from prison, and the offendershall be punished as provided in NRS 212.090.

(Added to NRS by 1977, 855; A 1983, 325; 2001 Special Session,206; 2003, 2584)

RESIDENTIAL CONFINEMENT OF OFFENDERS

NRS 213.371 Definitions. As used in NRS 213.371to 213.410, inclusive, unless thecontext otherwise requires:

1. Division means the Division of Parole andProbation of the Department of Public Safety.

2. Offender means a prisoner assigned to the custodyof the Division pursuant to NRS 209.392,209.3925 or 209.429.

3. Residential confinement means the confinement of anoffender to his place of residence under the terms and conditions establishedby the Division.

(Added to NRS by 1991, 783; A 1993, 1530; 1995, 959,1361, 2388; 1997, 2413; 2001, 2591)

NRS 213.375 Determinationof eligibility for residential confinement after determining that offender isabuser of alcohol or drugs. Upon the determination,pursuant to NRS 484.3796, that anoffender is an abuser of alcohol or drugs and that he can be treatedsuccessfully for his condition, the Division shall determine, to the extentpossible:

1. If the offender is otherwise eligible forresidential confinement pursuant to NRS213.371 to 213.410, inclusive, uponthe successful completion of the initial period of rehabilitation requiredunder the program of treatment established pursuant to NRS 209.425; and

2. If the offender is eligible, the likelihood that hewill be able to:

(a) Comply with the terms and conditions of residentialconfinement established by the Division; and

(b) Complete successfully the program of treatmentestablished pursuant to NRS 209.425while in residential confinement.

(Added to NRS by 1995, 959)

NRS 213.380 Divisionto establish procedures for and conditions of residential confinement; use ofelectronic device.

1. The Division shall establish procedures for theresidential confinement of offenders.

2. The Division may establish, and at any time modify,the terms and conditions of the residential confinement, except that theDivision shall:

(a) Require the offender to participate in regularsessions of education, counseling and any other necessary or desirabletreatment in the community, unless the offender is assigned to the custody ofthe Division pursuant to NRS 209.3925;

(b) Require the offender to be confined to hisresidence during the time he is not:

(1) Engaged in employment or an activity listedin paragraph (a) that is authorized by the Division;

(2) Receiving medical treatment that isauthorized by the Division; or

(3) Engaged in any other activity that isauthorized by the Division; and

(c) Require intensive supervision of the offender,including unannounced visits to his residence or other locations where he isexpected to be in order to determine whether he is complying with the terms andconditions of his confinement.

3. An electronic device approved by the Division maybe used to supervise an offender if it is minimally intrusive and limited incapability to recording or transmitting information concerning the offenderspresence at his residence, including, but not limited to, the transmission ofstill visual images which do not concern the offenders activities while insidehis residence. A device which is capable of recording or transmitting:

(a) Oral or wire communications or any auditory sound;or

(b) Information concerning the offenders activitieswhile inside his residence,

must not beused.

(Added to NRS by 1991, 783; A 1993, 1530; 1997, 2413)

NRS 213.390 Dutiesof Chief Parole and Probation Officer. TheChief Parole and Probation Officer shall:

1. Furnish to an offender a written statement of theterms and conditions of his residential confinement;

2. Instruct the offender regarding those terms andconditions; and

3. Advise the Director of the Department ofCorrections of any violation of those terms and conditions and of the escape ofthe offender.

(Added to NRS by 1991, 783; A 2001 Special Session,206)

NRS 213.400 Effectof absence of offender from residence, employment, treatment or otherauthorized activity.

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 shallbe deemed an escaped prisoner and shall be punished as provided in NRS 212.090.

2. The Chief Parole and Probation Officer may issue awarrant for the arrest of the offender. The warrant must be executed by a peaceofficer in the same manner as ordinary criminal process.

(Added to NRS by 1991, 783; A 1993, 1530; 1997, 1225,2414; 1999, 434)

NRS 213.410 Divisionto conduct inquiry regarding escape of offender from residential confinement orother violation of term or condition of residential confinement; duties ofinquiring officer.

1. Whenever it is alleged that an offender has escapedor otherwise violated the terms or conditions of his residential confinement,the Division shall conduct an inquiry to determine whether the offender hascommitted acts that would constitute such an escape or violation.

2. An offender may be returned to the custody of theDepartment of Corrections pending the completion of the inquiry conducted bythe Division pursuant to the provisions of this section.

3. The inquiry must be conducted before an inquiringofficer 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 tothe custody of the Department of Corrections.

4. The inquiring officer shall:

(a) Provide the offender with notice of the inquiry andof the acts alleged to constitute his escape or violation of a term orcondition of his residential confinement, and with an opportunity to be heardon the matter.

(b) Upon completion of the inquiry, submit to the ChiefParole and Probation Officer his findings and recommendation regarding the dispositionof the custody of the offender.

5. After considering the findings and recommendationof the inquiring officer, the Chief Parole and Probation Officer shalldetermine the disposition of the custody of the offender. The decision of theChief Parole and Probation Officer is final.

6. Before a final determination is made to return anoffender to the custody of the Department of Corrections, the Division shallprovide 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 SpecialSession, 206)

PROGRAMS OF REENTRY INTO COMMUNITY

NRS 213.600 Definitions. As used in NRS 213.600to 213.635, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 213.605 to 213.620, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1165; A 2003, 2585)

NRS 213.605 Boarddefined. Board means the State Board ofParole Commissioners.

(Added to NRS by 2001, 1165)

NRS 213.607 Correctionalprogram defined. Correctional program meansa program for reentry of offenders and parolees into the community that isestablished by the Director pursuant to NRS209.4887.

(Added to NRS by 2003, 2581)

NRS 213.609 Directordefined. Director means the Director of theDepartment of Corrections.

(Added to NRS by 2003, 2581)

NRS 213.610 Divisiondefined. Division means the Division ofParole and Probation of the Department of Public Safety.

(Added to NRS by 2001, 1165)

NRS 213.615 Judicialprogram defined. Judicial program means aprogram for reentry of prisoners and parolees into the community that isestablished in a judicial district pursuant to NRS 209.4883.

(Added to NRS by 2001, 1165; A 2003, 2585)

NRS 213.620 Reentrycourt defined. Reentry court means thecourt in a judicial district that has established a judicial program.

(Added to NRS by 2001, 1165; A 2003, 2585)

NRS 213.625 Judicialprogram: Referral of offender to reentry court; requirement of participating inprogram as condition of parole; powers and duties of Board.

1. Except as otherwise provided in this section, if ajudicial program has been established in the judicial district in which aprisoner or parolee may be paroled, the Chairman of the Board may, afterconsulting with the Division, refer a prisoner who is being considered forparole or a parolee who has violated a term or condition of his parole to thereentry court if the Chairman believes that the person:

(a) Would participate successfully in and benefit froma judicial program; and

(b) Has demonstrated a willingness to:

(1) Engage in employment or participate invocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitutionto any victim of his crime.

2. Except as otherwise provided in this section, ifthe Chairman is notified by the reentry court pursuant to NRS 209.4883 that a person should be orderedto participate in a judicial program, the Board may, in accordance with theprovisions of this section:

(a) If the person is a prisoner who is being consideredfor parole, upon the granting of parole to the prisoner, require as a conditionof parole that the person participate in and complete the judicial program; or

(b) If the person is a parolee who has violated a termor condition of his parole, order him to participate in and complete thejudicial program as a condition of the continuation of his parole and in lieuof revoking his parole and returning him to confinement.

3. If a prisoner who has been assigned to the custodyof the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered forparole:

(a) The Board shall, if the Board grants parole to theprisoner, require as a condition of parole that the person continue toparticipate in and complete the judicial program.

(b) The Board is not required to refer the prisoner tothe reentry court pursuant to subsection 1 or to obtain prior approval of thereentry court pursuant to NRS 209.4883for the prisoner to continue participating in the judicial program while he ison parole.

4. In determining whether to order a person toparticipate in and complete a judicial program pursuant to this section, theBoard shall consider:

(a) The criminal history of the person; and

(b) The safety of the public.

5. The Board shall adopt regulations requiring personswho are ordered to participate in and complete a judicial program pursuant tothis section to reimburse the reentry court and the Division for the cost oftheir participation in a judicial program, to the extent of their ability topay.

6. The Board shall not order a person to participatein a judicial program if the time required to complete the judicial program islonger than the unexpired maximum term of the persons original sentence.

(Added to NRS by 2001, 1165; A 2003, 2585)

NRS 213.630 Effectof violation of term or condition of judicial program or parole; powers ofreentry court; duties of Board.

1. If the reentry court determines that a parolee hasviolated a term or condition of his participation in the judicial program or aterm or condition of his parole, the court may:

(a) Establish and impose any appropriate sanction forthe violation; and

(b) If necessary, report the violation to the Board.

2. If a violation of a term or condition of parole isreported to the Board pursuant to this section, the Board shall proceed in themanner provided in this chapter for any other violation of a term or conditionof parole.

(Added to NRS by 2001, 1166; A 2003, 2586)

NRS 213.632 Referralof prisoner or parolee to be considered for participation in correctionalprogram; participation as condition of parole; considerations; regulations;limitations.

1. Except as otherwise provided in this section, if acorrectional program has been established by the Director in the county inwhich an offender or parolee may be paroled, the Chairman of the Board may,after consulting with the Division, refer a prisoner who is being consideredfor parole or a parolee who has violated a term or condition of his parole tothe Director if the Chairman believes that the person:

(a) Would participate successfully in and benefit froma correctional program; and

(b) Has demonstrated a willingness to:

(1) Engage in employment or participate invocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitutionto any victim of his crime.

2. Except as otherwise provided in this section, if theChairman is notified by the Director pursuant to NRS 209.4887 that a person is suitable toparticipate in a correctional program, the Board may, in accordance with theprovisions of this section:

(a) If the person is an offender who is beingconsidered for parole, upon the granting of parole to the offender, require asa condition of parole that the offender participate in and complete thecorrectional program; or

(b) If the person is a parolee who has violated a termor condition of his parole, order him to participate in and complete thecorrectional program as a condition of the continuation of his parole and inlieu of revoking his parole and returning him to confinement.

3. If an offender who has been assigned to the custodyof the Division to participate in a correctional program pursuant to NRS 209.4888 is being considered forparole, the Board shall, if the Board grants parole to the offender, require asa condition of parole that he continue to participate in and complete thecorrectional program.

4. In determining whether to order a person toparticipate 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 personswho are ordered to participate in and complete a correctional program pursuantto this section to reimburse the Department of Corrections and the Division forthe cost of their participation in a correctional program, to the extent oftheir ability to pay.

6. The Board shall not order a person to participatein a correctional program if the time required to complete the correctionalprogram is longer than the unexpired maximum term of the persons originalsentence.

(Added to NRS by 2003, 2581)

NRS 213.633 Violationof term or condition of correctional program or of parole to be reported toBoard.

1. If the Director determines that a parolee hasviolated a term or condition of his participation in the correctional programor a term or condition of his parole, the Director shall report the violationto the Board.

2. If a violation of a term or condition of parole isreported to the Board pursuant to this section, the Board shall proceed in themanner provided in this chapter for any other violation of a term or conditionof parole.

(Added to NRS by 2003, 2582)

NRS 213.635 Supervisionof participant in correctional or judicial program. TheDivision shall supervise each person who is participating in a correctional orjudicial program pursuant to NRS 209.4886,209.4888, 213.625 or 213.632.

(Added to NRS by 2001, 1166; A 2003, 2586)

 

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