Release of Prisoners on Parole

NRS 213.1099 to 213.142 – Overview of How the Nevada Department of Corrections Manages the Release of Prisoners on Parole

Release of Prisoners on ParoleWhen a prisoner is out on parole and meeting all of the requirements of their parole, they will eventually be eligible to be “released” from oversight by the state. In determining whether to release a prisoner on parole, the Board of Parole Commissioners shall consider the following factors set forth in NRS 213.1099:

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

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

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

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

(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131 or 213.10915.

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Felony Offenders Must Serve Full Sentence

According to sub-section 3 of NRS 213.1099, when a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole until the expiration of the maximum term or the maximum aggregate term of imprisonment imposed by the court.

Stricter Rules for Prisoners Serving a Life Sentence or Sentenced to Death

The Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless the Board finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and does not have a history of:

(a) Recent misconduct in the institution, and has been recommended for parole by the Director of the Department of Corrections;

(b) Repetitive criminal conduct;

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

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

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

Prohibition Against Releasing on Parole Specific Criminal Offenders

The Board of Parole Commissioners shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.

What does the Law say Regarding the Release of Certain Prisoners on Parole in Nevada?

According to NRS 213.115, prisoners on parole can be released conditionally under orders or requests of authorities in other jurisdictions of prosecution. The inmates being released may have committed crimes of magnitude greater or equal to that which the prisoner was serving based on the aggregated prison sentence of the two crimes.

Overview of the State Board of Parole

According to NRS 213.005, the term Board refers to the State Board of Pardons Commissioners. The Board consists of the Governor, seven Supreme Court Justices of Nevada and the Attorney General.

According to section 14 of Article five of the Nevada constitution, the Board has powers to commute punishment, remit fines and forfeit, and grant pardons. However, they are not allowed to interfere with treason sentences, impeachments, and death or life sentences.

Eligibility for Parole

According to NRS 213.12, the following considerations must apply to those who would like their prison terms to be reviewed for parole:

  1. Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed before July 1, 1995, maybe paroled when the prisoner has served one-third of the definite period of time for which the prisoner has been sentenced pursuant to NRS 176.033, less any credits earned to reduce his or her sentence in accordance with chapter 209 of NRS.
  2. Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed on or after July 1, 1995, maybe paroled when the prisoner has served the minimum term or minimum aggregate term of imprisonment imposed by the court. Except as otherwise provided in NRS 209.4465, any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term or minimum aggregate term of imprisonment may reduce only the maximum term or the maximum aggregate term of imprisonment imposed, as applicable, and must not reduce the minimum term or the minimum aggregate term of imprisonment, as applicable.

When can the Board order Mandatory Parole, According to Nevada Laws?

According to NRS 213.1215, a prisoner sentenced to more than three years in confinement or more, and has never been released on parole before and meets the qualifications for parole, must be released on parole 12 months before the end of the maximum prison term. Besides, prisoners who were sensed to life imprisonment when they were less than 16 years old when being convicted must be released on parole if they have no consecutive prison term to serve. However, they must have served the minimum aggregated time of their sentence.

When a Person Fail to be Released Despite Qualifying for Mandatory Parole Release

Pursuant to NRS 213.1215, the Board should not release a person on parole if they have reasons to believe that they will be a risk to the public if they are released on parole.

According to NRS 213.12175, the Board can also impose a condition on the parolee if they have reasons to believe that they pose a threat to the welfare of the community.

Having Issues with Your Parole? Take Action Today by Contacting an Experienced Las Vegas Attorney

If you or a loved one is facing allegations that you violated the terms of your parole, now is the time for action. You owe it yourself, after all you have gone through, to have a top-notch defense attorney who will fight for you. Contact our law firm today.

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