NRS 213.126 – Overview of the Requirements for Restitution as a Condition of Parole and the Restitution Trust Fund

If someone is convicted of a criminal offense where the funds of another individual or entity is stolen or lost, it is likely that the convicted individual will have to provide restitution. Basically, restitution is a fancy term of restoration. It may apply to a prisoner who has been released via parole. This provision is established the Nevada Revised Statutes, specifically NRS 213.126. The requirement of restitution is included as a condition by the State Board of Pardons Commissioners and is the responsibility of the Restitution Trust Fund for coordination.

What is Restitution under Nevada law?

Restitution is not required in all cases. It can be made a requirement for specific types of cases as a condition for a parolee to make to the person or people mentioned in the statement of parole conditions. This may include a refund to a government entity for expenses associated with arrest, as specified in the statement. Restitution may be lifted by the Board if the Board finds it impossible.

According to NRS 176.033, the court sets the restitution amount. The Board shall in appropriate cases add as a condition of parole that the person completes an assignment of the wages earned while on parole to the Division for restitution.

Restitution Trust Fund

According to NRS 213.126, all money that the Division receives for restitution shall be deposited with the State Treasurer for credit to the Restitution Trust fund. The Restitution Trust Fund is hereby created under the revised Nevada Statute and mandated to receive restitution.

Payments to persons to whom restitution is ordered

  1. Upon receiving restitution money, the Division shall make well-advised payments to each person to whom restitution was ordered under NRS 176.033. These payments must be made not less than one time every fiscal year. Money received from the parolee that remains at the close of each financial year must at that time be paid timely to persons ordered for restitution. Complete restitution must be made to the persons ordered once the parolee completes the restitution amount owed.
  2. According to NRS 176.033, persons to whom restitution is ordered may at any given time file application with the Division requesting proportional payment from the restitution money received from the parolee. The Board then decides to make proportional payment to the applicant if the person is found to be having serious financial hardship.
  3. If the Division cannot locate the person to whom the restitution is ordered within 3 years of the release of the parolee, the money paid as restitution must be deposited with the State Treasurer. The money may then be used to compensate victims of crime.

All payments from the Restitution Trust Fund shall be issued as other claims against the State

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When Restitution is Not Required

In the case where restitution is not required as a condition for parole, the Board shall clearly state the conditions they find restitution impracticable.

Failure to Comply with Restitution

Failing to comply with a restitution condition imposed by the Board is a violation of condition for parole, in accordance with NRS 213.126. The failure to comply may be excused not as a violation of condition for parole if the parolee’s failure to comply was due to the economic incapacity of him or her to pay the required amount.

In the case where failure to abide by the restitution condition was due to financial hardship, the Board is mandated to allow the parolee a hearing to prove the existence of the hardship.

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If you or your loved one is required to pay restitution as a condition for parole and need legal assistance, contact our law firm to schedule a free case review.

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