NRS 213.130 – Overview of the Considerations for an Inmate Eligible for Parole: Duties of the Nevada Department of Corrections
When an individual is convicted of a crime and ordered to serve time in prison, the sentence typically includes a date when the defendant will become eligible for parole. This is generally a date prior to the end of their full prison sentence. For example, if someone is sentenced to serve five years in prison, they could be eligible for parole in three years. The Nevada Department of Corrections plays a key role in assessing an inmate’s eligibility for parole.
The Authority Vested in the Department of Corrections Regarding Parole
According to NRS 213.130, the Department of Corrections shall:
- Determine when a prisoner serving a term in the state prison is eligible for parole.
- Inform the State Board of Parole Commissioners of the fitness of the prisoner to be considered for parole.
- Put all data together and submit to the Board before the meeting with the prisoner for consideration of parole. The data is gathered to assist the Board in deciding whether to give parole or decline.
Data for Parole
If a prisoner is eligible for parole from a sentence imposed for a crime that entailed the use of violence against the victim resulting in bodily harm, this information shall be included as data by the Department of Corrections and presented before the Board. The data, in this case, shall include original or duplicate images that show the victim’s injuries or crime scene as used during the trial.
The Board may hold parole meetings semi-annually or more times as deliberated and agreed upon by the Board. All meetings have judicial character and representation and are also open to the public. Any person in attendance enjoys rights protected under this section according to laws of meetings for parole.
Responsibilities Vested with the Board of Parole Commissioners
- Notification of parole to the victims of the prisoner:
- Not more than 5 days after the Board fixes a date for parole meeting, victims of the crime committed by the prisoner are notified of the parole eligibility and application by the prisoner according to section 4. The Board also notifies the victims of their rights. If the victim’s address is not provided, the Board shall not be held responsible for notification not being received.
- Upon completion of the meeting for consideration of a prisoner’s parole, the Board may meet privately and deliberate on the position of parole.
- Space for use by the State Board of Parole Commissioners shall be provided by the Board of State Prison Commissioners.
- Except otherwise provided, The Board shall notify the victim of its final decision.
- The victim’s address, personal information and other details are to be kept confidential by the Board.
- According to NRS 213.133, the Board may decide to grant parole to a prisoner without holding a meeting. The Board must not deny the prisoner parole without having issued notification of the meeting to the prisoner. If the Board denies parole to the prisoner, having failed to issue a notice of the meeting or provide the prisoner with the opportunity to be present, then the meeting may at this stage be scheduled by the Board.
- During the meeting to consider parole, the prisoner shall speak for themselves or have a representative speak on his or her behalf.
Charged with a Crime or an Alleged Violation of Your Parole? Speak to an Attorney
If you or a loved one has been charged with a crime or were previously convicted of a crime and are now facing allegations of a parole violation, take action by speaking to an experienced Las Vegas criminal defense lawyer with our firm.
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