2020 Nevada Revised Statutes
Chapter 213 - Pardons and Paroles; Remissions of Fines and Commutations of Punishments
NRS 213.1078 - Risk and needs assessment to be administered to each probationer and parolee to determine level of supervision and develop individualized case plans; subsequent assessments to determine whether to change level; exceptions to administration of assessment; modification of terms and conditions; periodic validation of assessment. [Effective July 1, 2020.]
1. Except as otherwise provided in subsections 3 and 5, the Division shall administer a risk and needs assessment to each probationer and parolee under the Division’s supervision. The results of the risk and needs assessment must be used to set a level of supervision for each probationer and parolee and to develop individualized case plans pursuant to subsection 6. The risk and needs assessment must be administered and scored by a person trained in the administration of the tool.
2. Except as otherwise provided in subsection 3, on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each probationer. The results of the risk and needs assessment conducted in accordance with this section must be used to determine whether a change in the level of supervision is necessary. The Division shall document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.
3. The provisions of subsections 1 and 2 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
4. Except as otherwise provided in subsection 5, on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each parolee. The results of the risk and needs assessment conducted in accordance with this subsection must be used to determine whether a change in the level of supervision is necessary. The Division shall document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the parolee of the change.
5. The provisions of subsections 1 and 4 are not applicable if the level of supervision for the parolee is set by the Board or by law.
6. The Division shall develop an individualized case plan for each probationer and parolee. The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that will need to be considered and addressed for each probationer or parolee.
7. Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2, the supervising officer shall seek a modification of the terms and conditions from the court pursuant to subsection 1 of NRS 176A.450.
8. Upon a finding that a condition of parole or the level of parole supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 4, the supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board. The Division shall provide written notification to the parolee of any modification.
9. The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment. The Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.
(Added to NRS by 1997, 1560; A 2019, 237, 4451, effective July 1, 2020)
