NRS 213.120 – Summary of the Laws Establishing When a Prisoner Becomes Eligible for Parole in Nevada
How Does a Prisoner Become Eligible for Parole in Nevada?
According to NRS 213.120, a convicted person sentenced and convicted before July 1 the year 1995, is eligible for parole when the prisoner has already served a third of the given sentence. Good behavior is stated as credit earned while serving the sentence. This good credit does not apply as to help reduce the one-third of the term, according to NRS 176.033, except directed otherwise.
According to NRS 213.120, a convicted person sentenced and convicted before July 1 the year 1995, is eligible for parole when the prisoner has already served the period directed as a minimum sentence by the convicting court or judge. Good behavior which the Nevada jurisdiction states as credit earned while serving the sentence may help to reduce the maximum imprisonment period imposed but not the minimum term required unless otherwise provided.
State Board of Pardons and Commissioners on Parole
- According to NRS 176.033, the board is mandated to give parole to convicted persons. The board is also mandated to issue conditions for parole in cases where restitution is not made. Restitution is the amount set by the legal court.
- In other cases, the board may serve a condition to have the person to be paroled to execute a wage assignment to the legal Division. This serves as restitution.
- The Division receives the money and deposits all restitution money with the State Treasurer for credit, to the Restitution Trust Fund constituted by the law. Pro-rata payments are made by the Division to every person to whom the restitution was ordered. This is funded by the money received from the parolee. This can be made in installments as the parolee has the same right to pay the restitution money in installments, under NRS 176.033.
- A prison sentence may also be reviewed in the case of new evidence. This has to be evidence that was never presented in court during the previous trial that led to the present sentence. If the prisoner’s defense team or the prosecutor present in a legal court new evidence that proves the prisoner’s innocence, the court may grant freedom to the person. The new evidence may be presented by any other person.
Substance Abuse for an Inmate Under Consideration for Parole
According to NRS 213.120, prior or current substance abuse can be used as a factor when analysing whether to grant an inmate parole.
- One may portray good behavior when in the influence of substances such as drugs. The law directs that a prisoner on parole may be subjected to tests that help determine if the person is free of any substance abuse. The tests are financially catered for by the Division.
- Upon testing positive for substance abuse, the person may be disqualified from parole. Under chapter 453A of NRS, marijuana does not count as an illegal substance under the Nevada jurisdiction.
A parolee who fails to submit to the required test would also risk parole revocation.
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