NRS 213.151 – Overview of the Powers and Duties of Peace Officers When Arresting an Alleged Parole Violator

If you violate a condition of your release while out on parole, there is a good chance that your parole officer will issue a warrant for your arrest. This could ultimately lead to you serving additional time behind bars.

What Can Be the Basis for Arresting Someone Who Is Out on Parole under Nevada Law?

According to NRS 213.151, any parolee who violates the rules and regulations associated with their release could be arrested by their parole officer after receiving a written order from the board, which is certified to Chief Parole and probation officer. The order is a sufficient warrant that provides parole/probation Officer or peace Officer powers to arrest the parolee. Pursuant NRS 213.150, the Board has the authority to make and enforce regulations concerning the conduct of paroled prisoners.

What is the Arrest Process Like for a Parolee under Nevada Law?

According to NRS 213.151, when the Chief of Police, a peace officer, Sheriff or Constable is executing an arrest order for a parolee, it should be done just like any other normal arrest process.

Can Peace Officers Arrest a Parolee Without a Warrant under Nevada Law?

According to NRS 213.151, if a parole Officer, probation Officer or peace Officer have incriminating evidence that would lead to the arrest of a parolee, they can do so without a warrant.

What Peace Officers must do After Arresting a Parolee under Nevada Law?

According to NRS 213.151, Officers are supposed to present to the detaining authority statement they may have against the parolee. (Note: they must present only when they have one). Also, they are supposed to notify the Board of the arrest and show a written report in what manner did the parolee violate parole conditions. You can see the specific statute here:

  1. 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, pursuant to 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

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(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.

Can the Peace Officer Release a Parolee for lack of Evidence under Nevada Law?

According to NRS 213.151, if a parole Officer, probation Officer or peace Officer finds the parolee arrested with no warrant, or did not commit any parole violation, they can release the parolee without further proceeding.

What is Parole Violation under Nevada Law?

Meeting the parole requirements is not as easy as the conditions are very strict. A slight violation can lead to harsh penalties. So, you must adhere to terms given, such as informing the court when you change jobs, abiding by a curfew, not to abuse alcohol, or moving out. Failure to abide by the law is violating the parole conditions.

What are the penalties for Parole Violation?

According to NRS 213.152, if you are found to be guilty of parole violation, the court may impose various penalties on you depending on the conditions you did not follow and previous violations. Such penalties can comprise:

  • A warrant may be issued for your arrest
  • Your parole term may be increased, though it cannot exceed beyond the original sentence
  • You may be asked to pay fine in some circumstances
  • If you commit another crime you may be prosecuted for (the) additional crime
  • You may have your parole revoked and spend the remainder of your original sentence in prison

What Happens When Accused of Parole Violation?

If you are accused of parole violation, you are entitled to a hearing to affirm the action of parole revocation or suspension. The hearing is held to determine whether parole violation happened or not. In case the hearing is ruled in your favor, you proceed to remain free on parole. On the other hand, if you are found guilty of parole violation, all parole privileges are withdrawn and you are taken back to prison to complete your term or given residential confinement.

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Procedural Conditions of a Hearing

Whenever there is an alleged parole violation, there should be a preliminary hearing process. Here are the steps that are followed:

  1. The hearing must be set a parole board hearing officer within a reasonable time.
  2. If the parolee is out of custody, they are provided with a written notice about the preliminary hearing and are given ample time to prepare a defense
  3. Documentary evidence and witnesses may be offered, witness cross-examined, and have the parolee answer or make a statement but not necessary.
  4. After the hearing ends successfully, the hearing officer presents a written report to the parole board
  5. The board makes the final decision on whether to overrule the findings or to accept.

Having Issues with Parole? Contact an Experienced Las Vegas Criminal Defense Attorney

If you or your loved one is accused of a parole violation in Nevada, now is the time for action. Contact our law firm today to schedule a free, confidential consultation.