NRS 213.310 – Overview of the Selection and Referral of Criminal Offenders for Enrollment in a Work Release Program

The Department of Corrections in Nevada has the discretionary authority to create a work release program under which a person sentenced to a term of imprisonment in an institution of the Department may be granted the privilege of leaving secure custody during necessary and reasonable hours, according to NRS 213.300.

Consideration of Offenders for Enrollment in a Work Release Program

If a work release program is identified and well laid out by the department, under NRS 213.300, the Director shall select and determine the offenders eligible for enrollment pursuant to NRS 213.310. Prisoners eligible are those sentenced the last 6 months before the program, not including those sentenced to life imprisonment and those imprisoned for violations under chapter 201 of NRS and has not been certified by the relevant board to be eligible for parole

The Director is then mandated to select offenders who are eligible as per the Director for the specific program. After selecting the names of the prisoners, the Director shall forward the names to the Chairperson of the State Board of Parole Commissioners for the prisoners to be released into the program. The Board shall also determine if the prisoners shall be placed under residential confinement or any supervision as per the guiding law.

Condition for Residential Confinement and Parole

According to NRS 213.1215, a prisoner may be released on parole if:

  1. He or she has no other consecutive sentence awaiting them, other than the sentence on review for parole.
  2. The prisoner has not been released on parole before, having been sentenced for a jail term of 3 years or more.
  3. The prisoner is suitable and eligible for parole.

According to NRS 213.142, a prisoner released on parole, therefore, may be subjected to supervision upon his or her release.

This applies to parolees serving a prison sentenced for a sexual offense. Before the release of a person jailed for a sexual offense, the prisoner must absolutely assure that they pose no threat to the public. It is with this reasoning that the Board proceeds to issue parole, in some cases adding to the parole a code of conduct and behavior, upon the parolee’s release according to NRS 213.142. The Chief is mandated to establish a program of activities as well as supervision of the parolee. Once the program of activities is established, then the Board immediately releases the person.

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Condition for Electronic Supervision

Under subsection 1 of NRS 213.124, the Chief shall develop the program which must include a stated period of digital or electronic supervision. Electronic supervision, in this case, is conducted with an electronic device directed by the Division. This electronic device is closely monitored by an assigned agent from Division. This device is limited to recording and transmission of the parolee’s presence at his or her home as stipulated in the following ways:

  1. The device should be capable of recording and transmitting oral communications as well as any other audio sound in and within the parolee’s residence
  2. The device should also record and transmit clear information as to the parolee’s actions while inside his or her place of stay

Charged with a Crime or for Allegedly Violating Your Work Release Program? Speak to a Lawyer

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