PAROLE STANDARDS  

Offenders will appear before or be considered in absentia by a panel of the Parole Board for parole consideration when they have served the minimum time required to attain parole eligibility as provided by Nevada law.  If the offender is serving concurrent sentences for multiple offenses, the most severe offense will determine the crime severity level.

Pursuant to NRS 213.10885, the Board has adopted by regulation standards for release on or revocation of parole.  The regulations are set forth in Chapter 213 of the Nevada Administrative Code (NAC) at sections 213.510 through 213.560.  The Guideline Recommended Months (GRM) to serve calculated under the Board=s parole standards is a suggested range of months to be served and is based on a combination of offense and offender characteristics. 

Pursuant to NRS 213.10705, the release or continuation on parole is an act of grace of the State.  In addition, pursuant to NRS 213.10705 and NAC 213.560, the Parole Board is not required to grant or deny parole based on the guideline-recommended time to serve, and the establishment of parole standards does not create any right or interest in liberty or property, does not give rise to any reasonable expectation of parole, and does not establish any basis for a cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.  See Greenholtz v. Inmates of Nebraska Penal & Cor., 442 U.S. 1, 99 S.CT 2100, 60 L.Ed2d 668 (1979).

These parole standards are designed to aid the Board in making consistent decisions.  The Board will also consider any  recommendations from the Court, law enforcement agencies, prosecutors, prison personnel, and victims as provided in NRS 213.130.  Further, the Board will take into account the considerations set forth in NRS 213.1099.  In exercising its unlimited discretion to deviate from the time periods recommended under its guidelines, the Board will consider the factors set forth in NAC 213.560, and any other mitigating or aggravating factors which the Board deems relevant.   The Board is not required to provide an offender with any reasons concerning a decision to deny parole, Weakland v. Board of Parole Comm=rs, 100 Nev. 218, 678 P.2d 1158 (1984), but may elect to do so in those cases where its decision deviates from the guideline-recommended time to serve.

The Board=s current standards were adopted effective August 11, 1998.  All offenders being considered for parole release, except those being considered pursuant to the provisions of NRS 213.1215, will be evaluated under the Board=s current guidelines, regardless of offense date, date of conviction, or any standards previously utilized in considering the offender for parole release.  These standards serve as guidelines only, the Board is not required to adhere to the guidelines, and they are not laws for purposes of ex post facto analysis.  Offenders do not have a right to be considered for parole under any previously existing set of parole standards.  Smith v. U.S. Parole Com=n, 875 F.2d 1361 (9th Cir. 1989); Vermouth v. Corrothers, 827 F.2d 599 (9th Cir. 1987); Wallace v. Christensen, 802 F.2d 1539 (9th Cir. 1986). 

The Board has adopted crime severity levels A, B, C, D & E based on the statutory definitions set forth in NRS 193.130, 193.330 and as provided by specific criminal statute.  The Board has expanded levels A and B to A1, A2, A3, A4, B1, B2, B3 & B4 to reflect the diverse minimum and maximum sentencing ranges provided for by statute for level A and B felonies.

The Board will review an offender=s disciplinary  and programming scores at the time of each hearing.  Any change from a previous score will be noted and may result in a change to the offender=s net parole success likelihood score and guideline-recommended time to serve.

 

SCORE

 

0-10

 

11-20

 

21-30

 

 31-40

 

41-UP

 

LEVEL

 

SENTENCE STRUCTURE BY STATUTE

 

A1

 

240-276

 

276-312

 

312-348

 

348-384

 

384-420

 

AA@   CRIME

 

20 YEAR OR MORE MINIMUM

 

A2

 

180-216

 

216-252

 

252-288

 

288-324

 

324-360

 

AA@   CRIME

 

15 YEAR MINIMUM

 

A3

 

120-150

 

150-180

 

180-210

 

210-240

 

240-270

 

AA@   CRIME

 

10 YEAR MINIMUM

 

A4

 

60-84

 

84-108

 

108-132

 

132-156

 

156-180

 

AA@   CRIME

 

5 YEAR MINIMUM

 

B1

 

24-48

 

48-72

 

72-108

 

108-144

 

EXPIRE

 

AB@   CRIME

 

20 YEAR MAXIMUM

 

B2

 

18-30

 

30-48

 

48-66

 

66-84

 

EXPIRE

 

AB@   CRIME

 

15 YEAR MAXIMUM

 

B3

 

12-24

 

24-36

 

36-48

 

48-60

 

EXPIRE

 

AB@   CRIME:

 

10 YEAR MAXIMUM

 

B4

 

12-18

 

18-24

 

24-30

 

30-36

 

EXPIRE

 

AB@   CRIME:

 

6 YEAR MAXIMUM

 

C

 

12-16

 

16-20

 

20-24

 

24-28

 

EXPIRE

 

AC@   CRIME

 

5 YEAR MAXIMUM

 

D/E

 

12-15

 

15-18

 

18-21

 

21-24

 

EXPIRE

 

AD/E@ CRIME:

 

4 YEAR MAXIMUM

 

CONVICTIONS/ENHANCEMENTS: All adult including instant offense and consecutive sentences.

INCARCERATIONS: All adult including instant offense and previous CS terms.

WEAPONS:      Instant offense only, actual, highest level, even if plead out.

VICTIMS:        Instant offense only, actual, highest level, even if plead out.

EMPLOYMENT:   Any full time job, school, SIIS or SSI for 6 months during year prior to instant offense.

DISCIPLINARY:  Based on previous three years.  10 points maximum.  Credit limit is 3.  +2 points for each major violation. +1 points for each minor/general violation.  -1 for none at 1st hearing or none during the previous year.  -2 for none in the last two years.  -3 for none in the last three years.

DRUGS/ALCOHOL:       All convictions, including instant offense.

COURT ACTION: % of maximum sentence ordered.

PROGRAMMING: [10 is maximum] Inmate must provide case worker with original for verification and copies of each certificate and diploma to the Board. Programming counts only on current sentence (programming on prior sentences will not be counted on the guideline).

-3 points for either GED, high school diploma, or 12 college credits.

-2 points for long term substance abuse program, behavior modification, or literacy program.  -1 for short term counseling, street readiness, job workshop, parenting, weekly AA/NA=s, full time job (2 day or more), or other program deemed appropriate by the Board.

STATISTICAL RISK ASSESSMENT:   The risk assessment is based on a study of factors applied to inmates who were released on parole or discharged their prison sentence in 1999 and returned with a new felony conviction within 3 years. The risk assessment does not provide the risk of failure or probability of success on parole.  It does not take into consideration other factors the Board considers when evaluating inmates for release on parole.  The risk assessment is one component used to assist the Board in making decisions. The risk assessment is not compiled by the Board but is based on data existing in the Nevada Criminal Information System which is maintained by the Nevada Department of Corrections (NDOC).  The Board will not entertain claims of errors in the risk assessment.  Any errors must be corrected by the NDOC.  The Board will only consider a request for re-hearing based on an error in the computation of the risk assessment if the correction made by the NDOC results in a change to a lower risk category and the request is made in writing by a representative of the NDOC and routed to the Board through the  Chief of the Offender Management Division.  The factors used on the risk assessment are as follows:

STATIC FACTORS  

Age at First Arrest (juvenile or adult): 25 years or older = 0 points, 20-24 years = 1 point, 19 years or younger = 2 points.

Prior Probation/Parole Revocations: No parole or probation revocations = 0 points, One or more =2 points.

Employment History (prior to incarceration): Satisfactory full-time employment for 1-2 years = 0 points, Employed less than full time or full time employment for less than one year = 1 point, Unsatisfactory employment / unemployed / unemployable = 2 points.

Current or prior convictions: Property crime, forgery, robbery = 2 points, all others = 0 points.

History of drug alcohol abuse: None = 0 points, some use, not severe disruption of functioning = 1 points, frequent abuse, serious disruption of functioning = 2points.

Gender: Male = 1 point, female = 0 points.

DYNAMIC FACTORS

Current Age: 41 and above = -1 point, 31-40 = 0 points, 21-30 = 1 point, under 21 = 2 points.

Gang Membership: No = 0 points, Yes = 2 points.

Completed DOC certified education/vocational/treatment program:  Yes or has existing GED/high school/college degree = -1 point, No = 0 points.

Disciplinary Conduct - Past year: No violations or single minor violation = -1 points, Multiple minor violations = 0 points, Major violation = 1, multiple major violations = 2 points

Current custody level: Minimum = -1 point, Medium = 0 points, Maximum or Administrative Segregation = 2 points.

TOTAL POINTS SCORE:   0-4=Low Risk, 5-10=Moderate Risk, 11-15=High Risk, 16+ points total  or 8points on dynamic factors=Highest Risk.                    

 

 PBFORM-PS (REV. 12/10/04)