SUPERSEDES           EFFECTIVE DATE

                                                                        October 12, 2001        October 24, 2003        

NEVADA BOARD OF PAROLE COMMISSIONERS

OPERATION OF THE BOARD

REVISED

October 24, 2003

TABLE OF CONTENTS

Nevada Board of

Parole Commissioners

Code of Ethics

In recognition and acceptance of the responsibilities inherent in the profession of corrections and as a Parole Board member, I acknowledge these to be my guiding precepts:

●       I shall conduct my personal life with decorum, neither accepting nor granting favors in connection with my office.

●       I shall be professional and respectful to all those involved in the parole hearing process, including the offender, victims and those who support or oppose an offender’s release.

●       I shall prepare my cases with integrity and accuracy and share all matters of a confidential nature with only those who have a need to know.

●       I shall respect the individual needs and characteristics of my fellow Board members and shall value, appreciate and respect the decisions and views of my colleagues.

●       I shall cooperate with my co-workers and will continually strive to enhance mutual cooperation with representatives of the criminal justice agencies with whom I interact.

●       I recognize my office as a symbol of public trust and shall constantly strive to achieve the objectives and ideals of the Parole Board while dedicating myself to my chosen profession.

DISCLAIMER

Information contained in this publication may become outdated due to opinions by the attorney general, changes in the law, opinions or rulings by the court, or other changes that may occur after the publication of this document that may not be immediately incorporated into a revised document.

LEGISLATIVE DECLARATION CONCERNING PAROLE:

NRS 213.10705 states:

“The legislature finds and declares that the release or continuation of a person on parole or probation is an act of grace of the state. No person has a right to parole or probation, or to be placed in residential confinement, and it is not intended that the establishment of standards relating thereto create any such right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.”

MISSION:

In an effort to ensure public safety, the Board of Parole Commissioners (Board) renders fair and just decisions on parole matters based on the law, the impact on victims and the community, and the goal of successfully reintegrating offenders back into society.

VISION:

The Board is committed to the improvement of the quality of the criminal justice system on behalf of all the citizens of Nevada. It seeks this through a deep concern for public safety, consideration of the victims of crime and the rehabilitation of offenders.

The Board strongly believes in the parole process and is committed to the ethical, unbiased and professional performance of its duties, and will continually strive for excellence and consistent fairness.

The members of the Board value each Commissioner and fellow employee and respect the contribution each makes toward the successful completion of our mission. The Board strives for collegiality in its internal operations and full cooperation with external organizations with which it interacts.

The Board recognizes its responsibility, not only to the citizens of Nevada and the victims of crime, but also to the offenders who appear before it. With this in mind, the Board will render objective, just and informed decisions that are free of improper external influences, while being mindful of the needs of the offender and the community.

PAROLE HEARINGS:

1. The Board does not determine who is eligible for parole, nor does it calculate sentence expiration dates. These are functions of the Nevada Department of Corrections (NDOC) which also records statutory good time and other credits earned by prisoners. Inquires regarding credits earned, parole eligibility and expirations of prison and parole terms, shall be directed to the NDOC records office, which is responsible for maintaining accurate timekeeping records.

2. All parole hearings conducted by the Board are open to the public in accordance with NRS 213.130(3). Persons attending parole hearings may do so as observers only, with the exception of victims and direct family members of victims, who are allowed by Nevada Law to speak at these hearings. The Board may ask questions of anyone in attendance.

3. Individual votes of all Commissioners and recommendations of hearing representatives on all decisions shall be recorded on each order of the Board.

4. Parole hearings may be conducted by panels in accordance with NRS 213.133.

5. The results of the Board’s deliberations will not be announced until four members are in agreement, and the applicable institutions, facilities and the inmates are notified of the decision. This ratification process will take place as soon as is practical, with notification taking place within 14 days from the end of each month’s agendas or as soon as practicable thereafter.

6. Under the provisions of Section 4, NRS 213.130, the Board may deliberate in private following a public hearing held to consider an applicant for parole. The Board often considers information which must, by law, be classified as confidential, including information obtained by parole and probation officers and employees of the Board (NRS 213.1075).

7. Parole is an act of grace by the State of Nevada and the release of a prisoner from confinement after serving a portion of his sentence is discretionary. While on parole the prisoner remains under the supervision of the Nevada Division of Parole and Probation (P&P) until he has completed his sentence or is granted early discharge.

8. In cooperation with NDOC, the Board has adopted a policy of considering paroles four months or more in advance of minimum parole eligibility dates. In the event a prisoner is not seen during the month in which his name appears on an eligibility list, the prisoner will be rescheduled once his name is re-submitted to the Board on an eligibility list prepared by the NDOC. The Board will not add the name of an prisoner onto an agenda unless his name appears elsewhere on that month’s published eligibility list. The Executive Secretary or Parole Board Chairman may exempt this requirement if proper public notice can be accomplished.

9. The Board may continue a parole hearing to a later date on an agenda or may conduct a hearing in absentia at the discretion of the panel. Hearings on prisoners who do not appear for their scheduled hearing for any reason (moved to another location, refused to attend, on a work detail etc.) may be conducted in absentia. There is no right afforded to any prisoner for a personal appearance at a parole hearing held by the Board.

10. All prisoners eligible for parole under Nevada Statutes shall be considered for parole.

11. The Board will not act or rule on claims of inaccuracies in pre-sentence investigations. Any claims of inaccuracies in a pre-sentence investigation report should be addressed to P&P who is responsible for the preparation of these reports.

12. Representation of prisoners being considered for parole is not permitted unless the prisoner suffers from mental, physical, or language disabilities that impede communications with the Board or panel. The disability must be clearly documented by the NDOC for the Board to consider allowing representation. The Board may take action in absentia at the discretion of the panel if the presence of an interpreter will not aid in the decision making process.

13. Prisoners who are made immediately eligible for parole by action of the State Pardons Board will not be considered by the Board until the 30 day notification required by law can be effected. This notification may be waived by action of the Pardons Board.

 HEARING REPRESENTATIVES:

1. The Board is authorized by law to designate Hearing Representatives to assist in meeting the required schedule of parole considerations.

2. Hearing Representatives are assigned to panels to make recommendations to the Board.

PANEL HEARINGS:

1. Panels may consist of one Commissioner and one hearing representative or two or more Commissioners.

2. Three or more Commissioners will conduct hearings for those prisoners incarcerated for crimes named in NRS 213.133 (6).

3. Parole violation panels will consist of two or more Commissioners.

4. As a consideration of delegating authority to a panel, Nevada Law requires that the recommendation of a panel be subject to ratification by a majority of the Board.

5. Panels will make recommendations to the Board for final action on all parole hearing actions as required by NRS 213.133.

PAROLE DECISIONS:

1. The Board has adopted standards as required by NRS 213.10885, which meet the requirement of providing greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a violent crime. A sample copy of the standards adopted by the Board is available at 2601 E. Sahara Avenue, Las Vegas, NV 89104 or 1445 Hot Springs Road, Suite 108-B, Carson City, NV 89711 or at the Board’s web site located at http://parole.state.nv.us.

2. The Board complies with NRS 213.1099, which limits the Board’s power to release prisoners on parole.

3. During the consideration of a prisoner by a panel consisting of two members, if the panel members are unable to concur in a recommendation to grant or deny parole, the hearing may be continued in absentia to a later time or date to allow a third Commissioner to participate in the deliberations. If it is not convenient to continue the hearing, the prisoner will be considered for parole by a panel consisting of two different panel members, or a panel consisting of three members. Hearings that are rescheduled shall be done so as to afford proper notification pursuant to NRS 213.1085(5).

4. If a split decision (tied vote during the ratification process) should occur, an order denying parole consideration shall be issued and the prisoner will be scheduled for a parole hearing six months after the split decision is rendered.

5. Paroles, under Nevada Law, may be denied for a maximum period of three years if less than ten years are remaining on the sentence. If ten years or more remain on the sentence, the denial period may be a maximum of five years.

6. A prisoner who has escaped shall not be considered for parole until returned to the custody of the NDOC.

7. Prisoners housed in other states under compact terms will be considered for parole in absentia when eligible. The Board will require a current progress report from the NDOC or the institution where the prisoner is currently incarcerated.

8. As part of the parole decision making process, the Board receives and welcomes evaluations from health care professionals and prison personnel.

9. The Board has requested the NDOC to inform it of infractions of the Code of Penal Discipline by prisoners eligible for parole consideration.

10. Prisoners who commit violations of the Code of Penal Discipline may be subject to an adverse parole decision.

11. The Board may take action to rescind the parole of a prisoner who has received a positive decision from the Board and prior to his release date becomes involved in violations of the Code of Penal Discipline. The Board may schedule a personal hearing to reconsider a previous order (RPO) or take action in absentia. The Board requests that the NDOC inform the Board of serious infractions that occur after a prisoner has been granted parole.

12. The Board may take action to rescind the parole of a prisoner if adverse information absent at the time the panel considered the prisoner for parole is brought to the attention of the Board, and a majority of the Board concurs that the new information is serious enough to warrant a parole rescission.

13. The Board may reconsider any parole action as a continuation of prior deliberations held to consider a prisoner for parole in accordance with NRS 213.133 (3).

CHAIRMAN’S VETO OF RECOMMENDATION TO DEVIATE FROM GUIDELINES

1. Pursuant to NRS 213.133 (7), if a recommendation made by a panel deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division of Parole and Probation, the Chairman must concur in the recommendation.

2. In the event the Chairman does not concur in the recommendation, the case will be referred back to the panel that made the recommendation.

A) Veto of Paroles Granted Under Standards

1. The panel will consider the Chairman’s reasons for denying, the length of time needed to be served for the prisoner to reach the minimum guideline recommended months to serve, the impact on applicable victims and any other relevant information regarding the case to assist in determining the parole denial length.

2. In the event a majority of the Board cannot agree on the denial length, the prisoner will be rescheduled for a hearing one year from the date of the current parole eligibility date.

B) Veto of Paroles Denied Over Standards

1. The panel will consider the Chairman’s reasons from not wanting to deny parole, or the reasons for a denial period to be less than the panel recommendation to assist them in determining an appropriate period of denial.

2. In the event the Chairman does not concur in the panel recommendation after further review, the prisoner will be rescheduled for a hearing one year from the date of the current parole eligibility date.

PAROLE APPLICATIONS:

1. A prisoner does not need to prepare a formal application for parole. The NDOC will determine when each prisoner is eligible to be considered for parole, notify the Board, and compile and provide to the Board data that will assist it in determining whether parole should be granted.

2. Parole progress reports provided by prison staff shall include, but not be limited to, time served on each case; The applicant’s disciplinary history while imprisoned; Program participation; The parole plan if known, including residence and employment opportunities; A summary of pertinent facts of the crime for which the convicted offender is imprisoned; A summary of prior criminal history, and any recommendations of the NDOC staff.

3. Prisoners convicted of capital offenses in which the death penalty, or life without the possibility of parole have been imposed, but whose sentences have been commuted and have served 20 consecutive years in NDOC will be considered by a panel of three or more Commissioners.

INMATE CONDUCT:

1. When granted an expected parole date, the prisoner must continue to comply with the Code of Penal Discipline. Violations of the code may be cause to rescind the previous decision to grant parole.

2. The Board may, at the hearing, set a tentative future date for parole which is contingent on continued programming and the prisoner remaining disciplinary free. (If either of these requirements are not met, a hearing may be scheduled for reconsideration of the decision, or the Board may take action in absentia.)

SPECIAL CONDITIONS:

1. The Board has set the standard conditions of parole which are reflected on the parole agreement issued by P&P. In addition to those conditions, the Board may require other special conditions to assure a successful parole such as house arrest, special programming, use of the polygraph, off limit areas, or any other reasonable conditions.

2. All special conditions imposed on parole to the community shall also apply to earlier granted paroles on sentences that remain on active status.

3. Because parolees are very often requested by law enforcement officials to act as informants and undercover agents, and in such capacities are exposed to the environment and associates which had been detrimental to their welfare in the past, the Board urges that parole officers be instructed to prohibit parolees under their supervision from becoming informants or undercover agents for law enforcement agencies, unless the Chief of P&P directs otherwise.

PAROLE GRANT:

1. Board actions are effective from the minimum parole eligibility date, or at such other future date the Board may set.

2. Prisoners cannot be released on parole prior to attaining minimum parole eligibility.

3. Parole denial periods date from the minimum parole eligibility date, or to other dates as set by the Board.

4. Release under approved parole plan (RUAPP) requires an investigation by P&P of the release plan prior to the grant of parole. If the parole plan is determined to be significantly unacceptable the Board may review the previous order (RPO) at a personal hearing or in absentia.

 5. A parole is not considered granted until all release documents and the parole agreement have been signed by the prisoner and release is imminent. The Board encourages final signing immediately prior to release.

6. The Board sets the start time of the parole and the conditions of parole, and the parolee remains subject to the jurisdiction of the Board from the time he is released on parole under the provisions of NRS 213 until the expiration of the maximum term of imprisonment. The Board does not administer paroles. P&P supervises all persons on parole. Parolees that request changes or modifications to the special conditions of parole should do so through their supervising Parole Officer.

PAROLE GRANTS TO SEX OFFENDERS:

1. The Board shall not release on parole a prisoner convicted of an offense listed in NRS 213.1214 (5) unless a panel created pursuant to NRS 213.1214 certifies that the prisoner was under observation while confined in an institution of the NDOC and does not represent a high risk to re-offend based upon a currently accepted standard of assessment.

2. If a parolee serving a sentence for an offense listed in NRS 213.1214 (5) is returned to the custody of the NDOC for any reason, the prisoner may not be released again on parole unless a psych panel re-certifies that the prisoner does not represent a high risk to re-offend based upon a currently accepted standard of assessment.

PAROLE GRANTS TO CONSECUTIVE SENTENCES:

1. A prisoner who has been granted parole to a consecutive sentence and is expiring a subsequent sentence with time remaining on the sentence previously granted parole may not be released from the NDOC until P&P:

a. Receives a viable parole plan from the prisoner;

            b. Conducts a pre-release investigation, and;

            c. Approves the plan.

2. The failure to provide a viable release plan is grounds for revoking/rescinding the previous parole since it was originally granted solely to a consecutive sentence.

3. If the prisoner’s release plans are not approved by P&P, the Board may reconsider the parole of the prisoner in person or in absentia.

4. The NDOC is authorized to re-activate the paroled sentence upon expiration of a subsequent sentence until such time as P&P coordinates the release of the prisoner, or the Board revokes/rescinds the previous parole.

RECONSIDERATION OF UNFAVORABLE DECISION:

1. The Board may grant reconsideration to prisoners who have been denied parole, when there has been significant change in status since the last Board action.

2. Reconsideration must be approved by a majority of the Board. Consideration of such requests shall be performed as a continuation of deliberations previously conducted pursuant to NRS 213.130(5).

3. The Board is sensitive to the problems of members of the family of those convicted of crime, but must deal primarily with the offender and the offense. Family circumstances, business affairs, hardship, need, and other problems shared almost universally by prisoners, are not usually considered adequate reasons for advancements.

4. Participation in self-help programs offered by the prison is expected of all prisoners in normal course, and such participation is not viewed as sufficient basis for advancement.

PRE-RELEASE RESCISSION:

1. P&P is authorized to place in effect a moratorium on parole release for an offender who has been charged or found guilty of a major violation of the rules of the Code of Penal Discipline.

2. If the violation will result in detaining the offender beyond the release date specified in the parole order, P&P must notify the Board within three working days of being notified that the prisoner has been charged or found guilty of a major violation. Upon notice of the violation and request for action, the Board may:

            a. Take no action and allow the prisoner to be released on parole.

            b. Rescind the parole of the offender.

c. Delay parole release until the disposition of the disciplinary charges is known at which time the Board will take appropriate action to rescind or reinstate the Board order.

d. Delay parole release and schedule a personal hearing to determine the appropriate action.

BOARD COMMUNICATIONS:

1. The Parole Board sits as an arm of the sentencing court. Parole Board members derive their authority from their function as a Board and do not have individual power to grant or deny parole. Just as it is never proper for someone to contact a sentencing judge outside the context of a hearing, it is inappropriate for inmate family or supporters to meet with individual Board members in an attempt to persuade specific action. Parole Commissioners will make themselves available to discuss general parole matters with interested parties but not to discuss specific cases or accept input from persons who are not the victims of a specific inmate.

2. Parole Commissioners will make themselves available by appointment to personally accept confidential personal information from victims of crime pursuant to NRS 213.130.

3. All information submitted by a victim to the Board shall remain strictly confidential and may not be disclosed to any person other than the Board, employees of the Board and counsel to the Board when required. The Board and its employees shall not acknowledge the presence or absence of any input by a victim nor shall it discuss any input from a victim during a public meeting unless the victim is present during the hearing and authorizes such discussion.

4. The Board welcomes all available information on prisoners being considered for parole, favorable and unfavorable. Recommendations for or against parole should be made in writing, so they may be filed in the prisoners folder.

5. The views of Nevada judges, district attorneys, and law enforcement are solicited by the Board, and are duly considered when the decision whether parole is to be granted is made.

6. The victim of any person being considered for parole may submit documents to the Board and may testify at the meeting held to consider the application. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received

by the Board is confidential. The Board may meet with a victim in private immediately prior to a parole hearing to allow for the input of confidential personal information.

7. Any victim who advises the Board in writing of their desire to be notified of specific parole hearings and results, and keeps the Board advised of their current mailing address will be notified pursuant to NRS 213.130.

8. The Board may ask questions of any person in attendance during a parole hearing.

EARLY DISCHARGE FROM PAROLE:

1. The Board, upon recommendation of P&P and in accordance with NRS 176.033(2), may petition the sentencing court for early discharge from parole for those demonstrating exemplary conduct on parole and who have completed the required amount of time served in prison and on parole.

2. Requests for early discharge are initiated by the Chief Parole and Probation Officer or his agent.

NOTIFICATION OF PAROLE APPLICATION HEARINGS:

1. As required by NRS 213.1085, the Board will send notice of pending parole consideration to all Nevada judges, district attorneys, law enforcement agencies and victims of record 30 days in advance of such action.

MANDATORY PAROLE RELEASE:

1. The Board does not determine who is eligible for a mandatory release hearing, but will take the appropriate action based on the eligibility list and other information provided each month by the NDOC.

2. Prisoners with sentences of three or more years, excluding life sentences, may be subject to the mandatory release, which mandates the release of certain prisoners.

3. Prisoners excluded from the law are:

a. Prisoners who have consecutive sentences.

b. Prisoners who have violated earlier parole on sentences currently being served.

c. Prisoners the Board feels will be a danger to the public while on parole.

4. Prisoners who have holds from other jurisdictions may be released to the hold only.

5. In determining whether to release a prisoner on parole pursuant to NRS 213.1099, the Board shall not consider whether the prisoner will soon be eligible for release pursuant NRS 213.1215 (mandatory parole). If the panel determines at a hearing to consider a prisoner pursuant to NRS 213.1099 that the recommended denial length will exceed the projected eligibility for mandatory parole, the panel may conduct a mandatory parole release hearing pursuant to NRS 213.1215.

PAROLE VIOLATION HEARINGS:

1. Violation of any of the rules or special conditions of parole can bring about revocation of parole and re-imprisonment.

2. P&P is responsible for the supervision in the community of all parolees. P&P also files charges of parole violation and places holds on accused violators. They are also responsible for conducting preliminary hearings when necessary.

3. The Board sits as an impartial hearing body at the final violation hearing and determines whether paroles previously granted will be revoked.

4. At the violation hearing the Board makes the final decision to reinstate all or part of the statutory good time which is lost upon revocation.

5. Violation hearings will be held in northern and southern locations in Nevada, depending upon the location of the alleged parole violator.