NRS 213.291 to 213.360 – Overview of Laws Governing Work Release Programs in Nevada

Delinquent minorWhen someone is convicted of a criminal offense in Nevada, it does not necessarily mean they will have to serve the entirety of their sentence in prison. For example, it may be possible to be placed into a work release program. The Nevada legislature enacted a series of statutes governing work release programs. Those statutes can be found in the Nevada Revised Statutes 213.291 through 213.360.

Work Release Program Eligibility

To be eligible for a work release program, a prisoner must meet the following requirements:

  • Only reside at a location that has been approved by the officer assigned to him or her by the Division.
  • Only reside at a location that is not situated within 1000 feet of a place or a structure.
  • Be placed under an active electronic monitoring system as directed by the Chief.
  • The probation officer must at all times be informed of the parolee’s location.
  • Consult his or her probation officer concerning any employment or volunteer position. Such positions must be approved by the assigned probation officer before the parolee can embark on the work.
  • The paroled person must also abide by any curfew imposed by his or her assigned probation officer during the period of parole.

Requirements for Work Release

A person released by the board is required to show proof of the documented pardon and civil rights.  Correction facilities and officers should process the release of a pardoned accused or imprisoned immediately the order of discharge is received. No fee is charged upon serving the order of discharge. Furthermore, the discharged can enjoy his or her civil rights immediately after discharge, in line with NRS 231.100.

According to NRS 213.090, the released person can have his or her citizenship restored without the need for any application to have citizenship restored.

A prisoner may be released on parole if:

  1. They have no other consecutive sentence awaiting them, other than the sentence on review for parole.
  2. The prisoner has not been released on parole before, having been sentenced for a jail term of 3 years or more.
  3. The prisoner is suitable and eligible for parole.

A prisoner released on parole, therefore, may be subjected to supervision upon his or her release. This majorly applies to parolees serving a prison sentenced for a sexual offense.

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Before the release of a person jailed for a sexual offense, the prisoner must so absolute assurance that they pose no threat to the public. It is with that that the Board proceeds to issue parole, in some cases adding to the parole a code of conduct and behavior upon the parolee’s release under NRS 213.142.

The Chief is mandated to establish a program of activities as well as supervision of the parolee. Once the program of activities is established, then the Board immediately releases the person.

According to NRS 213.1215, the mandatory release of prisoners calls for a critical review of the prisoner’s behavior especially 24 months before consideration for release or parole.

During the preceding 24 months, the prisoner must not have:

  1. Committed a major offense of the corrections department or broken prison rules and regulations.
  2. Been forced into disciplinary isolation.
  3. Prisoner must not be identified as a high-risk re-offender under NRS 123.1214. A sexual offender, in this case, must show commitment to not offend sexually again.

Consideration for Work Release

In the case where the prisoner is not granted parole, they are given a hearing date by the Board according to NRS 213. 142. The board is mandated to issue the parolee with a code of conduct upon his or her release.

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According to NRS 213.122, the release of sexual offenders on parole calls for the Division to closely supervise the prisoner’s conduct and behavior as directed by the Board.

When the Board finds a reasonable possibility that the parolee is a threat to the public, according to subsection 1, the board may decline to give the parole to the prisoner. The Board, in this case, shall issue an official written statement to the prisoner on the reasons for declining to give the parole. The Board could also schedule a hearing following NRS 213.142, except if otherwise provided by the law.

The prisoner may also not be released on parole in case he or she is noted as a focus in a lawful request by another legal agency, requesting that the prisoner scheduled for parole be held or released for detainment by the legal agency.

The Board is mandated to immediately release the prisoner on parole when the prisoner’s program of activities while on parole is identified and established.

According to NRS 213.1215, if the prisoner has not been paroled, calculation of the one year before the ending of a prisoner’s term is to be done without putting into consideration any credits earned by the prisoner in the bid to reduce his or her prison sentence.

Charged with Allegedly Violating Your Work Release Program? Speak to a Las Vegas Lawyer Today

If you or a loved one is being charged with violating the terms of your work release, now is the time to speak to an experienced Las Vegas criminal defense lawyer. Contact our firm today.