Ramifications for Violating Parole in Nevada

NRS 213.150 to 213.153 – Overview of Ramifications for Violating Parole in Nevada

When someone is released on parole, it does not mean they are completely free and can return to their old life. Parolees must comply with stringent rules and restrictions. For example, many parolees are prohibited from consuming alcohol, maintaining gainful employment, etc. If a Parolee violates these rules, they could be charged with violating parole. The specific penalties and ramifications associated with violating parole are codified in the Nevada Revised Statutes, specifically NRS 213.150 to 213.153.

Who is a Parole Violator under Nevada Law?

According to NRS 213.1518, this is when a parolee violates a condition of his or her parole status. Disregarding any of your parole conditions exposes you to the risk of losing all the benefits granted by the parole division after release.

What happens to a Parolee who violates the condition of parole under Nevada Law?

The first violation of the condition of parole revokes all the benefits of a Parolee. The Parolee can also be arrested unconditionally and taken to detention or residential confinement. A warrant of arrest is not required so long as there is cause to believe that the parolee dishonored a parole condition.

Who carries out the Arrest of a Parolee under the Nevada Law?

According to NRS 213.151, any parole and probation officer has the authority to arrest an alleged violator so long as they have a written order from the board, which is also ascertained by the Chief Parole and Probation Officer.

A peace officer with powers to arrest may do so, so long as there is probable cause to believe that the parolee dishonored a parole condition.

What is the process of the Arresting a Parolee under Nevada Law?

According to NRS 213.151, a probation or peace officer carrying out an order of arrest of Parolee must do so in a manner as an ordinary criminal process. Under NRS 213.15105 having arrested a paroled prisoner and after placing them in detention, the arresting officer must immediately notify the Board of the arrest and detention.

In addition to this, they must also show a written explanation of how the Parolee violated parole conditions. Subsection 4 of NRS 213.151 says:

4. Except as otherwise provided in subsection 5, after arresting a paroled prisoner for violation of a condition of his or her parole and placing the parolee in detention or, under NRS 213.15105, in residential confinement, the arresting officer shall:

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

(b)Notify the Board of the arrest and detention or residential confinement of the parolee and submit a written report showing in what manner the parolee violated a condition of his or her parole.

What is the Determination of whether the Parolee Dishonored a Condition of his Parole?

According to NRS 213.1511, the board must carry out an inquiry, which determines probable cause to believe a violation occurred. The inquiry must be conducted before an inquiring officer who does not have any direct involvement in the case.

Upon completion of the inquiry, the inquiring officer shall make a written summary of what occurred at the inquiry, noting the substance of the evidence given in support of parole revocation. It remains at the discretion of the board to decide whether there is probable cause to hold the parolee for a Board hearing on parole revocation.

What is the Procedure for a Board hearing under Nevada Law?

Where the inquiring officer has determined that there is probable cause for a hearing by the Board. According to NRS 213.1513: –

1. The detaining authority shall give the arrested parolee advance notice of the hearing
2. The notice communicates the time, place and purpose of the hearing. It will also show the alleged violations of the conditions.
3. The Parolee shall appear in person to listen to the allegations and defend themselves. They have the opportunity of seeking direction from any appropriate person or documents.
4. The Parolee can question any person who appears against the parolee.

What happens to a Parole if they are found guilty of a violation under Nevada Law?

If there are reasons to believe that the Parolee violated their parole, the board according to NRS 213.1517 is at the discretion of:

1. Releasing the arrested parolee again upon parole
2. Ordering the placement of the parolee into residential confinement following the provisions of NRS 213.15193, 213.15195
3. Suspending his or her parole and return the parolee to confinement.

However, regardless of the action taken, an implementation must be within fifteen days if the Board paroled the prisoner. If the authority of another state paroled the prisoner and he or she is under supervision in this state under NRS 213.215, the implementation must take place within thirty days.

Does the Peace Office have the Authority to Release a Parolee?

Yes, they have. According to NRS 213.151, a parole and probation officer or a peace officer may immediately release from custody if he or she determines that there is no probable cause to believe that the person violated their parole.