[Rev. 11/21/2013 10:08:26 AM--2013]

CHAPTER 213 - PARDONS AND PAROLES; REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS

PARDONS, REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS; STATE BOARD OF PARDONS COMMISSIONERS

NRS 213.005           Definitions.

NRS 213.010           State Board of Pardons Commissioners: Members; meetings; notice of meetings to victim.

NRS 213.015           Salaries of certain Board members who are justices of Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 213.015           Salaries of certain Board members who are justices of Supreme Court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 213.017           Secretary of Board: Appointment; qualifications; duties.

NRS 213.020           Notice of application for remission, commutation, pardon or restoration of civil rights: Contents; service.

NRS 213.030           When notice of application not required.

NRS 213.035           Restoration of civil rights expedited by Board under certain conditions.

NRS 213.040           District attorneys to furnish Board with statement upon receipt of notice of application for remission, commutation or pardon; notice of application to victim.

NRS 213.050           Board members may administer oaths; certification of affidavits and depositions by judges, county clerks and notaries public.

NRS 213.055           Person with communications disability entitled to services of interpreter at hearing.

NRS 213.060           Procedure when judgment of fine or forfeiture is remitted.

NRS 213.070           Fines and forfeitures do not include discharge from liability on bail bond.

NRS 213.080           Procedure when death penalty is commuted.

NRS 213.085           Board prohibited from commuting sentence of death or imprisonment for life without possibility of parole to sentence that would allow parole.

NRS 213.090           Pardon: Restoration of civil rights; relieved of disabilities; limitations.

NRS 213.095           Notice by Board to victim if clemency granted.

NRS 213.100           Order of discharge when clemency granted.

PAROLE

General Provisions

NRS 213.107           Definitions.

NRS 213.10705       Legislative declaration concerning parole, probation and residential confinement.

 

Division of Parole and Probation of the Department of Public Safety

NRS 213.1071         Division: Creation; composition; Chief.

NRS 213.1072         Chief: Duties.

NRS 213.1073         Chief: Powers.

NRS 213.1075         Information obtained by employees of Division or Board privileged; nondisclosure.

NRS 213.1076         Fee to defray costs of supervision; regulations; waiver.

NRS 213.1077         Contracts and agreements with Federal Government.

NRS 213.1078         Level of supervision of probationer or parolee; review; notice to probationer or parolee of change in level.

 

State Board of Parole Commissioners

NRS 213.108           Creation; members; Chair; qualifications; decisions.

NRS 213.1085         Executive Secretary: Appointment; unclassified service; qualifications; duties. [Effective through June 30, 2014.]

NRS 213.1085         Executive Secretary: Appointment; unclassified service; qualifications; duties. [Effective July 1, 2014.]

NRS 213.1086         Method of payment of compensation, salaries and expenses of Executive Secretary and employees.

NRS 213.1087         Terms of members; vacancies; other employment prohibited; administration of oaths; certification of affidavits and depositions.

NRS 213.1088         Program of orientation for new members and case hearing representatives; continuing education of members and case hearing representatives.

NRS 213.10885       Board to adopt standards for granting or revocation of parole; sample form regarding probability of success on parole to be made available to public; review of effectiveness of standards; report to Legislature.

NRS 213.10887       Board to compile, maintain, organize and tabulate information concerning decisions regarding parole.

NRS 213.1089         Subpoenas.

NRS 213.10915       Automated victim notification of eligibility of prisoner for residential confinement and consideration for parole; requirements; exceptions.

 

Parole and Probation Officers

NRS 213.1092         Chief: Appointment; qualifications.

NRS 213.1094         Chief: Other employment prohibited.

NRS 213.1095         Chief: Powers and duties.

NRS 213.1096         Powers and duties of assistant parole and probation officers.

NRS 213.10983       Seizure, custody, use and sale of property other than dangerous instrument or weapon.

NRS 213.10985       Seizure, custody, use and sale of dangerous instrument or weapon.

NRS 213.10988       Chief to adopt standards for recommendations regarding parole or probation.

 

Release of Prisoner on Parole

NRS 213.1099         Limitations on Board’s power to release prisoners on parole. [Effective through June 30, 2014.]

NRS 213.1099         Limitations on Board’s power to release prisoners on parole. [Effective July 1, 2014.]

NRS 213.110           Regulations regarding parole; suspension of parole to permit induction into military service.

NRS 213.115           Release of certain prisoners on parole at request of authorities of other jurisdictions for prosecution.

NRS 213.120           When prisoner becomes eligible for parole. [Effective through June 30, 2014.]

NRS 213.120           When prisoner becomes eligible for parole. [Effective July 1, 2014.]

NRS 213.1212         Eligibility for parole of prisoner whose sentences have been aggregated; written request to aggregate sentences. [Effective July 1, 2014.]

NRS 213.1213         Eligibility for parole of prisoner sentenced to serve two or more concurrent sentences; eligibility for parole of prisoner sentenced to serve two or more consecutive sentences of life imprisonment with the possibility of parole. [Effective through June 30, 2014.]

NRS 213.1213         Eligibility for parole of prisoner sentenced to serve two or more concurrent sentences; eligibility for parole of prisoner sentenced to serve two or more consecutive sentences of life imprisonment with the possibility of parole. [Effective July 1, 2014.]

NRS 213.1214         Evaluation of certain prisoners by Department of Corrections before parole hearing; Director of Department to establish procedure for assessment of prisoners; immunity; regulations.

NRS 213.1215         Mandatory release of certain prisoners. [Effective through June 30, 2014.]

NRS 213.1215         Mandatory release of certain prisoners. [Effective July 1, 2014.]

NRS 213.1216         Release of prisoner whose conduct during commission of crime satisfies requirements for enhancement for certain crimes against older persons.

NRS 213.12175       Board may impose any reasonable conditions on parolee to protect health, safety and welfare of community.

NRS 213.1218         Person to submit signed document before being released on parole; Division to contact person released on parole within 5 days unless waived by Chief.

NRS 213.12185       Chief to notify Department of Motor Vehicles when prisoner who has had license, permit or privilege to drive revoked is placed on parole or residential confinement.

NRS 213.122           Chief to develop statewide plan for strict supervision of parolees.

NRS 213.123           Imposition of tests to determine use of controlled substance as condition of parole.

NRS 213.1235         Program of aftercare following assignment to therapeutic community as condition of parole.

NRS 213.124           Imposition of program of intensive supervision as condition of parole; Chief to develop program; program to include electronic supervision of parolee.

NRS 213.1243         Release of sex offender: Program of lifetime supervision; required conditions of lifetime supervision; penalties for violation of conditions; exception to conditions.

NRS 213.1245         Prisoner convicted of sexual offense: Mandatory conditions of parole.

NRS 213.1255         Prisoner who is Tier 3 offender convicted of sexual offense against child under 14: Additional conditions of parole required.

NRS 213.1258         Conditions relating to computers and use of Internet and other electronic means of communication; powers and duties of Board; exceptions.

NRS 213.126           Requirement of restitution as condition of parole; Restitution Trust Fund.

NRS 213.1263         Board may prohibit association with members of criminal gang as condition of parole.

NRS 213.128           Person with communications disability entitled to services of interpreter at hearing of case.

NRS 213.131           Consideration for parole: Duties of Department of Corrections; use of photographs related to offense during meeting of the State Board of Parole Commissioners; conduct of meeting; notice of meeting to victim; prisoner’s rights; notice to prisoner of decision of Board.

NRS 213.133           Delegation of Board’s authority to hear and act upon parole of prisoner and issues before Board; recommendations for prisoner’s release on parole without meeting of Board under certain circumstances.

NRS 213.135           Case hearing representatives: Board may maintain list of eligible persons; qualifications; designation.

NRS 213.140           Board to consider parole of eligible prisoner; release may be authorized whether or not prisoner accepts parole; duties of Division when parole is authorized; adoption of regulations.

NRS 213.142           Rehearing to be scheduled if parole denied.

 

Parole Violators

NRS 213.150           Board’s authority to adopt regulations covering conduct of parolees; Board’s authority to retake parolees.

NRS 213.151           Arrest of alleged violator of parole: Powers and duties of peace officers.

NRS 213.15103       Incarceration and custody of parolee who violates condition of parole; duty of Division.

NRS 213.15105       Placement of alleged parole violator in residential confinement pending inquiry.

NRS 213.1511         Inquiry to determine probable cause to believe violation occurred: Inquiring officer; place and time of inquiry; oaths.

NRS 213.1513         Inquiry to determine probable cause to believe violation occurred: Notice to parolee; rights of parolee.

NRS 213.1515         Inquiry to determine probable cause to believe violation occurred: Findings and determinations of inquiring officer; continued detention of parolee.

NRS 213.1517         Actions by Chief and Board after determination of existence of probable cause to continue detention of paroled prisoner.

NRS 213.1518         Effect of violation of condition of parole, forfeiture and restoration of credits for good behavior.

NRS 213.15185       When paroled prisoner deemed escaped prisoner; loss of credits for good behavior; service of unexpired term of imprisonment. [Effective through June 30, 2014.]

NRS 213.15185       When paroled prisoner deemed escaped prisoner; loss of credits for good behavior; service of unexpired term of imprisonment. [Effective July 1, 2014.]

NRS 213.15187       Conviction and incarceration of paroled prisoner in other jurisdiction; revocation or continuation of parole.

NRS 213.1519         Effect of parole revocation. [Effective through June 30, 2014.]

NRS 213.1519         Effect of parole revocation. [Effective July 1, 2014.]

NRS 213.15193       Residential confinement of alleged violator of parole: Requirements; electronic supervision.

NRS 213.15195       Residential confinement of alleged violator of parole: Terms and conditions; notification of parolee.

NRS 213.15198       Residential confinement of alleged violator of parole: Termination by Chief Parole and Probation Officer.

NRS 213.152           Residential confinement of violator of parole: Authority of Board; confinement to residence, facility or institution of Department of Corrections; requirements; electronic supervision.

NRS 213.1524         Residential confinement of violator of parole: Terms and conditions; notification of parolee.

NRS 213.1526         Residential confinement of violator of parole: Violation of term or condition.

NRS 213.1528         Residential confinement of violator of parole: Program of supervision.

NRS 213.153           Payment of expenses of returning person for violating parole; restitution for expenses incurred in return.

 

Discharge From Parole

NRS 213.154           Division to issue honorable or dishonorable discharge to parolee whose term of sentence has expired; unpaid restitution constitutes civil liability.

 

Civil Rights of Paroled Prisoners

NRS 213.155           Restoration of civil rights after honorable discharge from parole; limitations.

NRS 213.157           Restoration of civil rights after sentence served; limitations.

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

NRS 213.215           Enactment of Compact.

PROGRAM FOR WORK RELEASE

NRS 213.291           Definitions.

NRS 213.293           “Department” defined.

NRS 213.294           “Director” defined.

NRS 213.297           “Program” defined.

NRS 213.300           Establishment of program.

NRS 213.310           Selection and referral of offenders for enrollment in program.

NRS 213.315           Eligibility of illiterate offenders, offenders whose native language is not English and offenders with developmental, learning and other disabilities.

NRS 213.320           Administration of program; duties of Director.

NRS 213.330           Disposition of salaries and wages of offender.

NRS 213.350           Enrollees not agents or employees of State; status.

NRS 213.360           Termination of enrollment; unauthorized absence constitutes escape.

RESIDENTIAL CONFINEMENT OF OFFENDERS

NRS 213.371           Definitions.

NRS 213.375           Determination of eligibility for residential confinement after determining that offender is abuser of alcohol or drugs.

NRS 213.380           Division to establish procedures for and conditions of residential confinement; use of electronic device.

NRS 213.390           Duties of Chief Parole and Probation Officer.

NRS 213.400           Effect of absence of offender from residence, employment, treatment or other authorized activity.

NRS 213.410           Division to conduct inquiry regarding escape of offender from residential confinement or other violation of term or condition of residential confinement; duties of inquiring officer.

PROGRAMS OF REENTRY INTO COMMUNITY

NRS 213.600           Definitions.

NRS 213.605           “Board” defined.

NRS 213.607           “Correctional program” defined.

NRS 213.609           “Director” defined.

NRS 213.610           “Division” defined.

NRS 213.615           “Judicial program” defined.

NRS 213.620           “Reentry court” defined.

NRS 213.625           Judicial program: Referral of offender to reentry court; requirement of participating in program as condition of parole; powers and duties of Board. [Effective through June 30, 2014.]

NRS 213.625           Judicial program: Referral of offender to reentry court; requirement of participating in program as condition of parole; powers and duties of Board. [Effective July 1, 2014.]

NRS 213.630           Effect of violation of term or condition of judicial program or parole; powers of reentry court; duties of Board.

NRS 213.632           Referral of prisoner or parolee to be considered for participation in correctional program; participation as condition of parole; considerations; regulations; limitations. [Effective through June 30, 2014.]

NRS 213.632           Referral of prisoner or parolee to be considered for participation in correctional program; participation as condition of parole; considerations; regulations; limitations. [Effective July 1, 2014.]

NRS 213.633           Violation of term or condition of correctional program or of parole to be reported to Board.

NRS 213.635           Supervision of participant in correctional or judicial program.

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PARDONS, REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS; STATE BOARD OF PARDONS COMMISSIONERS

      NRS 213.005  Definitions.  As used in NRS 213.005 to 213.100, inclusive, unless the context otherwise requires:

      1.  “Board” means the State Board of Pardons Commissioners.

      2.  “Secretary” means the Secretary of the Board.

      3.  “Victim” includes:

      (a) A person, including a governmental entity, against whom a crime has been committed;

      (b) A person who has been injured or killed as a direct result of the commission of a crime; or

      (c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a “relative” of a person includes:

             (1) A spouse, parent, grandparent or stepparent;

             (2) A natural born child, stepchild or adopted child;

             (3) A grandchild, brother, sister, half brother or half sister; or

             (4) A parent of a spouse.

      (Added to NRS by 1983, 1330; A 1995, 1258, 2388; 2005, 2906; 2009, 775)

      NRS 213.010  State Board of Pardons Commissioners: Members; meetings; notice of meetings to victim.

      1.  The State Board of Pardons Commissioners consists of the Governor, the justices of the Supreme Court and the Attorney General.

      2.  Meetings of the Board for the purpose of considering applications for clemency may be held semiannually or oftener, on such dates as may be fixed by the Board.

      3.  Except as otherwise provided in a policy adopted pursuant to NRS 213.035, the Board shall give written notice at least 15 days before a meeting to each victim of the crimes committed by each person whose application for clemency will be considered at the meeting, if the victim so requests in writing and provides his or her current address. If a current address is not provided, the Board may not be held responsible if the notice is not received by the victim. The victim may submit a written response to the Board at any time before the meeting. 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 pursuant to this subsection is confidential.

      [1:149:1933; 1931 NCL § 11569]—(NRS A 1957, 738; 1973, 803; 1979, 657; 1983, 1330, 1438, 1658; 1997, 3244; 2009, 775)

      NRS 213.015  Salaries of certain Board members who are justices of Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  A member of the Board who has served as a district judge or as a justice of the Supreme Court, or any combination thereof, for at least 4 years, is entitled to compensation as a member of the Board in the amount of 2 percent of his or her annual salary as a justice of the Supreme Court for each year of service as a district judge or as a justice of the Supreme Court, or any combination thereof. The compensation received by a justice for service on the Board must not exceed 22 percent of his or her annual salary as a justice of the Supreme Court.

      2.  The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the State General Fund.

      (Added to NRS by 1963, 1314; A 1965, 1154; 1969, 790; 1971, 2205; 1977, 1014; 1981, 1372; 1985, 1608; 1989, 1896, 2119; 1995, 2515; 1999, 3196)

      NRS 213.015  Salaries of certain Board members who are justices of Supreme Court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  A member of the Board who has served as a district judge, a judge of the Court of Appeals or a justice of the Supreme Court, or any combination thereof, for at least 4 years, is entitled to compensation as a member of the Board in the amount of 2 percent of his or her annual salary as a justice of the Supreme Court for each year of service as a district judge, a judge of the Court of Appeals or a justice of the Supreme Court, or any combination thereof. The compensation received by a justice for service on the Board must not exceed 22 percent of his or her annual salary as a justice of the Supreme Court.

      2.  The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the State General Fund.

      (Added to NRS by 1963, 1314; A 1965, 1154; 1969, 790; 1971, 2205; 1977, 1014; 1981, 1372; 1985, 1608; 1989, 1896, 2119; 1995, 2515; 1999, 3196; 2013, 1767, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 213.017  Secretary of Board: Appointment; qualifications; duties.

      1.  The Chair of the State Board of Parole Commissioners shall appoint a person to serve as Secretary of the State Board of Pardons Commissioners.

      2.  The Secretary must be selected on the basis of his or her training, experience, capacity and interest in correctional services.

      3.  The Secretary shall perform such duties as are required by the Board, including, but not limited to:

      (a) Preparing the agenda for meetings of the Board;

      (b) Providing notification to victims on behalf of the Board and the State Board of Parole Commissioners; and

      (c) Establishing and facilitating the procedures by which a person may apply to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his or her civil rights restored by the Board.

      (Added to NRS by 1973, 804; A 2003, 427)

      NRS 213.020  Notice of application for remission, commutation, pardon or restoration of civil rights: Contents; service.

      1.  Any person intending to apply to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his or her civil rights restored, or any person acting on his or her behalf, must submit an application to the Board, in accordance with the procedures established by the Secretary pursuant to NRS 213.017, specifying therein:

      (a) The court in which the judgment was rendered;

      (b) The amount of the fine or forfeiture, or the kind or character of punishment;

      (c) The name of the person in whose favor the application is to be made;

      (d) The particular grounds upon which the application will be based; and

      (e) Any other information deemed relevant by the Secretary.

      2.  A person must not be required to pay a fee to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his or her civil rights restored pursuant to this section.

      3.  Except as otherwise provided in a policy adopted pursuant to NRS 213.035, the Secretary shall submit notice of the date, time and location of the meeting to consider the application and one copy of the application to the district attorney and to the district judge of the county wherein the person was convicted. In cases of fines and forfeitures, notice of the date, time and location of the meeting to consider the application must also be served on the chair of the board of county commissioners of the county wherein the person was convicted.

      4.  Except as otherwise provided in a policy adopted pursuant to NRS 213.035, notice of the date, time and location of a meeting to consider an application pursuant to this section must be served upon the appropriate persons as required in this section at least 30 days before the presentation of the application, unless a member of the Board, for good cause, prescribes a shorter time.

      [4:149:1933; 1931 NCL § 11572] + [Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1977, 869; 1983, 1331; 2001 Special Session, 199; 2005, 2907; 2009, 775)

      NRS 213.030  When notice of application not required.  No notice shall be required of an application for:

      1.  A restoration to citizenship to take effect at the expiration of a term of imprisonment; or

      2.  The commutation of the death penalty.

      [9:149:1933; 1931 NCL § 11577]

      NRS 213.035  Restoration of civil rights expedited by Board under certain conditions.  The Board may adopt a policy to provide an expedited process to take action, without holding a meeting, to restore the civil rights, in whole or in part, of a person who submits an application to the Board to have his or her civil rights restored if certain conditions are met, including, without limitation, that:

      1.  There is no objection from the court in which the judgment was rendered;

      2.  There is no objection from the district attorney of the county wherein the person was convicted; and

      3.  The Board has not received a written request for notice concerning a meeting to consider an application for clemency from a victim of a crime committed by the person.

      (Added to NRS by 2009, 774)

      NRS 213.040  District attorneys to furnish Board with statement upon receipt of notice of application for remission, commutation or pardon; notice of application to victim.  All district attorneys receiving notice of an application for a pardon, or commutation of punishment, or remission of fine or forfeiture, shall transmit forthwith to:

      1.  The Board a statement in writing of facts surrounding the commission of the offense for which the applicant is incarcerated or subject to penalty and any information affecting the merits of the application.

      2.  Each victim of the person applying for clemency a copy of the notice of the application, if the victim so requests in writing and provides his or her current address. If a current address is not provided, the district attorney may not be held responsible if a copy of the notice is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the district attorney pursuant to this subsection is confidential.

      [6:149:1933; 1931 NCL § 11574]—(NRS A 1957, 333; 1983, 1331; 1997, 3244)

      NRS 213.050  Board members may administer oaths; certification of affidavits and depositions by judges, county clerks and notaries public.

      1.  Any member of the Board shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for a pardon, or the commutation of a punishment, or the remission of a fine or forfeiture.

      2.  Any district judge, county clerk or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same.

      [7:149:1933; 1931 NCL § 11575]—(NRS A 1957, 738)

      NRS 213.055  Person with communications disability entitled to services of interpreter at hearing.  An applicant or a witness at a hearing upon an application for clemency who is a person with a communications disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the Governor or a member of the Board designated by the Governor.

      (Added to NRS by 1979, 657; A 2001, 1776; 2007, 170)

      NRS 213.060  Procedure when judgment of fine or forfeiture is remitted.  Whenever acting as the Board, the Governor, justices of the Supreme Court and the Attorney General, or the major part of them, the Governor being one, shall remit any judgment of fine or forfeiture, a certificate reciting the fine or forfeiture remitted, duly signed and attested with the Great Seal of the State, shall be filed in the clerk’s office of the court wherein the judgment of fine or forfeiture was entered, and the clerk shall make an entry in the judgment docket or other proper place, showing that the fine or forfeiture is remitted, which filing and entry shall be evidence of the satisfaction thereof.

      [2:149:1933; 1931 NCL § 11570]

      NRS 213.070  Fines and forfeitures do not include discharge from liability on bail bond.  The fines and forfeitures mentioned in this chapter shall not be so construed as to include the remittance or discharge from liability on any bail bond.

      [10:149:1933; 1931 NCL § 11578]

      NRS 213.080  Procedure when death penalty is commuted.

      1.  Whenever any punishment involving the death penalty is commuted, a statement in writing shall be made out and signed reciting:

      (a) The name of the person whose punishment is commuted.

      (b) The time and place where convicted.

      (c) The amount, kind and character of punishment substituted instead of the death penalty.

      (d) The place where the substituted punishment is to be served out or suffered.

      2.  The statement shall be directed to the proper officer or authority charged by law with the safekeeping and execution of the punishment. The statement, attested with the Great Seal of this state, shall be sufficient authority for such officer or authority to receive and retain the person named in the statement as therein directed, and the officer or authority named in the statement must receive the person whose punishment has been commuted, and retain the person as directed.

      [3:149:1933; 1931 NCL § 11571]

      NRS 213.085  Board prohibited from commuting sentence of death or imprisonment for life without possibility of parole to sentence that would allow parole.

      1.  If a person is convicted of murder of the first degree before, on or after July 1, 1995, the Board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

Ê to a sentence that would allow parole.

      2.  If a person is convicted of any crime other than murder of the first degree on or after July 1, 1995, the Board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

Ê to a sentence that would allow parole.

      (Added to NRS by 1995, 1258)

      NRS 213.090  Pardon: Restoration of civil rights; relieved of disabilities; limitations.

      1.  A person who is granted a full, unconditional pardon by the Board is restored to all civil rights, including, without limitation, the right to bear arms, and is relieved of all disabilities incurred upon conviction.

      2.  A pardon granted by the Board shall be deemed to be a full, unconditional pardon unless the official document issued pursuant to subsection 3 explicitly limits the restoration of the civil rights of the person or does not relieve the person of all disabilities incurred upon conviction.

      3.  Upon being granted a pardon by the Board, a person so pardoned must be given an official document which provides that the person has been granted a pardon. If the person is restored to the right to bear arms, the official document must explicitly state that the person is restored to the right to bear arms. If the person has not been granted a full, unconditional pardon, the official document must explicitly state all limitations on the restoration of the civil rights of the person and all disabilities incurred upon conviction from which the person is not relieved.

      4.  A person who has been granted a pardon in this State or elsewhere and whose official documentation of his or her pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to his or her civil rights, the court shall issue an order restoring the person to his or her civil rights. A person must not be required to pay a fee to receive such an order.

      5.  A person who has been granted a pardon in this State or elsewhere may present:

      (a) Official documentation of his or her pardon; or

      (b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to his or her civil rights.

      [Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1973, 1845; 1977, 665; 2001, 1696; 2003, 2692; 2005, 2907; 2011, 24)

      NRS 213.095  Notice by Board to victim if clemency granted.  If the Board remits a fine or forfeiture, commutes a sentence or grants a pardon, it shall give written notice of its action to the victim of the person granted clemency, if the victim so requests in writing and provides his or her current address. If a current address is not provided, the Board may not be held responsible if the notice is not received by the victim. 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 pursuant to this section is confidential.

      (Added to NRS by 1983, 1330; A 1997, 3245)

      NRS 213.100  Order of discharge when clemency granted.  Whenever clemency is granted by the Board, there shall be served upon the Director of the Department of Corrections or other officer having the person in custody, an order to discharge the person therefrom upon a day to be named in the order, upon the conditions, limitations or restrictions named therein.

      [Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1977, 870; 2001 Special Session, 199)

PAROLE

General Provisions

      NRS 213.107  Definitions.  As used in NRS 213.107 to 213.157, inclusive, unless the context otherwise requires:

      1.  “Board” means the State Board of Parole Commissioners.

      2.  “Chief” means the Chief Parole and Probation Officer.

      3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230 or 201.450, or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

      (Added to NRS by 1957, 738; A 1969, 181, 596; 1973, 190, 803; 1975, 84; 1977, 285; 1979, 657; 1987, 946, 2233; 1989, 1885, 1895; 1991, 1411, 2045; 1993, 1552, 2885; 1995, 28, 416, 730, 731, 1425, 2290, 2294; 1997, 526, 1030, 1560, 1686, 1691, 1723, 2507, 2511, 2512, 2513, 2657, 3338, 3362; 1999, 23, 69; 2001, 2589, 2798; 2003, 180, 1391; 2011, 67; 2013, 228, 384, 1170)

      NRS 213.10705  Legislative declaration concerning parole, probation and residential confinement.  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.

      (Added to NRS by 1989, 1885; A 1991, 316)—(Substituted in revision for NRS 213.10989)

Division of Parole and Probation of the Department of Public Safety

      NRS 213.1071  Division: Creation; composition; Chief.

      1.  There is hereby created the Division of Parole and Probation of the Department of Public Safety.

      2.  The Division consists of the Chief and such sections as the Chief may create with the approval of the Director of the Department of Public Safety.

      3.  The Chief of the Division is the Chief Parole and Probation Officer.

      (Added to NRS by 1969, 596; A 1977, 285; 1993, 1522; 2001, 2589)

      NRS 213.1072  Chief: Duties.  The Chief shall:

      1.  Administer all activities and services of the Division.

      2.  Be responsible for the management of the Division.

      (Added to NRS by 1969, 596; A 1977, 286; 1993, 1522)

      NRS 213.1073  Chief: Powers.  The Chief may:

      1.  Organize the Division to provide maximum efficiency in carrying out its duties.

      2.  Appoint the heads of sections as established.

      3.  Appoint such assistants and other employees as may be required to administer the duties imposed by law upon the Board and the Division within the limits of appropriations.

      4.  Set standards of service.

      (Added to NRS by 1969, 596; A 1977, 286; 1993, 1522)

      NRS 213.1075  Information obtained by employees of Division or Board privileged; nondisclosure.  Except as otherwise provided by specific statute, all information obtained in the discharge of official duty by an employee of the Division or the Board is privileged and may not be disclosed directly or indirectly to anyone other than the Board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the Board or judge or necessary to perform the duties of the Division.

      (Added to NRS by 1959, 799; A 1975, 179; 1993, 1524; 1995, 2066; 1997, 837; 2005, 83)

      NRS 213.1076  Fee to defray costs of supervision; regulations; waiver.

      1.  The Division shall:

      (a) Except as otherwise provided in this section, charge each parolee, probationer or person supervised by the Division through residential confinement a fee to defray the cost of his or her supervision.

      (b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee, probationer or person supervised by the Division through residential confinement. The regulation must provide for a monthly fee of at least $30.

      2.  The Chief may waive the fee to defray the cost of supervision, in whole or in part, if the Chief determines that payment of the fee would create an economic hardship on the parolee, probationer or person supervised by the Division through residential confinement.

      3.  Unless waived pursuant to subsection 2, the payment by a parolee, probationer or person supervised by the Division through residential confinement of a fee charged pursuant to subsection 1 is a condition of his or her parole, probation or residential confinement.

      (Added to NRS by 1983, 204; A 1987, 24; 1993, 1524; 1997, 1561, 3362; 1999, 669)

      NRS 213.1077  Contracts and agreements with Federal Government.  The Division may enter into such contracts and agreements with the Federal Government or any of its agencies as may be necessary, proper and convenient.

      (Added to NRS by 1959, 799; A 1975, 41; 1977, 287; 1979, 612; 1993, 1523)—(Substituted in revision for NRS 213.1091)

      NRS 213.1078  Level of supervision of probationer or parolee; review; notice to probationer or parolee of change in level.

      1.  Except as otherwise provided in subsection 2, the Division shall set a level of supervision for each probationer. At least once every 6 months, or more often if necessary, the Division shall review the probationer’s level of supervision to determine whether a change in the level of supervision is necessary. The Division shall specify in each review the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.

      2.  The provisions of subsection 1 are not applicable if:

      (a) The level of supervision for the probationer is set by the court or by law; or

      (b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.

      3.  Except as otherwise provided in subsection 4, at least once every 6 months, or more often if necessary, the Division shall review a parolee’s level of supervision to determine whether a change in the level of supervision is necessary. The Division shall specify in each review the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the parolee of the change.

      4.  The provisions of subsection 3 are not applicable if the level of supervision for the parolee is set by the Board or by law.

      (Added to NRS by 1997, 1560)

State Board of Parole Commissioners

      NRS 213.108  Creation; members; Chair; qualifications; decisions.

      1.  The State Board of Parole Commissioners is hereby created within the Department of Public Safety.

      2.  The Board consists of seven members appointed by the Governor.

      3.  A Chair of the Board must be appointed by the Governor. The Chair is the Executive Officer of the Board and shall administer its activities and services and is responsible for its management except as otherwise provided in NRS 213.1085.

      4.  Each member of the Board must have at least:

      (a) A bachelor’s degree in criminal justice, law enforcement, sociology, psychology, social work, law or the administration of correctional or rehabilitative facilities and programs and not less than 3 years of experience working in one or several of these fields; or

      (b) Four years of experience in one or several of the fields specified in paragraph (a).

      5.  Except as otherwise provided in subsection 6, when making an appointment to the Board, the Governor shall, to the extent practicable:

      (a) Appoint a person who has experience in the field of:

             (1) Prisons;

             (2) Parole and probation;

             (3) Law enforcement, including investigation;

             (4) Criminal law as the Attorney General, a deputy attorney general, a district attorney or a deputy district attorney;

             (5) Social work or therapy with emphasis on family counseling, domestic violence and urban social problems; or

             (6) The advocacy of victims’ rights; and

      (b) Ensure that each of the fields listed in paragraph (a) is represented by at least one member of the Board who has experience in the field.

      6.  No more than two members of the Board may represent one of the fields listed in paragraph (a) of subsection 5.

      7.  Except as otherwise provided in NRS 213.133, a decision on any issue before the Board, concurred in by four or more members, is the decision of the Board.

      (Added to NRS by 1957, 738; A 1959, 797; 1977, 286; 1979, 1116; 1987, 317; 1991, 1354; 1993, 1523; 1995, 2290; 1997, 3339; 2001, 2589)

      NRS 213.1085  Executive Secretary: Appointment; unclassified service; qualifications; duties. [Effective through June 30, 2014.]

      1.  The Board shall appoint an Executive Secretary, who is in the unclassified service of the State.

      2.  The Executive Secretary must be selected on the basis of his or her training, experience, capacity and interest in correctional services.

      3.  The Board shall supervise the activities of the Executive Secretary.

      4.  The Executive Secretary is the Secretary of the Board and shall perform such duties in connection therewith as the Board may require, including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.

      5.  The Executive Secretary shall prepare a list at least 30 days before any scheduled action by the Board showing each person then eligible for parole indicating:

      (a) The name of the prisoner;

      (b) The crime for which the prisoner was convicted;

      (c) The county in which the prisoner was sentenced;

      (d) The date of the sentence;

      (e) The length of the sentence, including the minimum term and maximum term of imprisonment or the definite term of imprisonment, if one is imposed;

      (f) The amount of time actually served in the state prison;

      (g) The amount of credit for time previously served in a county jail; and

      (h) The amount of credit allowed to reduce the sentence of the prisoner pursuant to chapter 209 of NRS.

Ê The Executive Secretary shall send copies to all law enforcement agencies in this state and to other persons whom the Executive Secretary deems appropriate, at least 30 days before any scheduled action by the Board. Each law enforcement agency that receives the list shall make the list available for public inspection during normal business hours.

      (Added to NRS by 1973, 804; A 1979, 349; 1995, 1258, 2066; 1997, 521)

      NRS 213.1085  Executive Secretary: Appointment; unclassified service; qualifications; duties. [Effective July 1, 2014.]

      1.  The Board shall appoint an Executive Secretary, who is in the unclassified service of the State.

      2.  The Executive Secretary must be selected on the basis of his or her training, experience, capacity and interest in correctional services.

      3.  The Board shall supervise the activities of the Executive Secretary.

      4.  The Executive Secretary is the Secretary of the Board and shall perform such duties in connection therewith as the Board may require, including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.

      5.  The Executive Secretary shall prepare a list at least 30 days before any scheduled action by the Board showing each person then eligible for parole indicating:

      (a) The name of the prisoner;

      (b) The crime for which the prisoner was convicted;

      (c) The county in which the prisoner was sentenced;

      (d) The date of the sentence;

      (e) The length of the sentence, including the minimum term or the minimum aggregate term, as applicable, and the maximum term or the maximum aggregate term, as applicable, of imprisonment or the definite term of imprisonment, if one is imposed;

      (f) The amount of time actually served in the state prison;

      (g) The amount of credit for time previously served in a county jail; and

      (h) The amount of credit allowed to reduce the sentence of the prisoner pursuant to chapter 209 of NRS.

Ê The Executive Secretary shall send copies to all law enforcement agencies in this state and to other persons whom the Executive Secretary deems appropriate, at least 30 days before any scheduled action by the Board. Each law enforcement agency that receives the list shall make the list available for public inspection during normal business hours.

      (Added to NRS by 1973, 804; A 1979, 349; 1995, 1258, 2066; 1997, 521; 2013, 229, effective July 1, 2014)

      NRS 213.1086  Method of payment of compensation, salaries and expenses of Executive Secretary and employees.  The compensation, salaries and expenses of the Executive Secretary and employees of the Board must be paid, upon certification by the Secretary of the Board, in the same manner as those of other state officers and employees.

      (Added to NRS by 1959, 798; A 1961, 656; 1963, 1330; 1965, 701; 1967, 1487; 1971, 1423; 1973, 804; 1977, 287; 1981, 1270; 1985, 396)—(Substituted in revision for part of NRS 213.1094)

      NRS 213.1087  Terms of members; vacancies; other employment prohibited; administration of oaths; certification of affidavits and depositions.

      1.  The term of office of each member of the Board is 4 years.

      2.  Appointments to the Board must be made by the Governor within 60 days from the time any vacancy occurs.

      3.  Members of the Board are in the unclassified service of the State. They shall devote their entire time and attention to the business of the Board and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of their duties.

      4.  Any member of the Board may administer an oath or affirmation to any person offering to testify at a meeting to consider a prisoner for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify an affidavit or deposition to be used at a meeting to consider a prisoner for parole or in a parole revocation hearing.

      (Added to NRS by 1957, 738; A 1959, 797; 1973, 179; 1975, 295; 1977, 286; 1985, 396; 1995, 2291; 1997, 27; 1999, 131)

      NRS 213.1088  Program of orientation for new members and case hearing representatives; continuing education of members and case hearing representatives.

      1.  The Department of Public Safety in conjunction with the Department of Corrections shall establish a program of orientation that:

      (a) Each member of the Board shall attend upon appointment to a first term; and

      (b) Each person named by the Board to the list of persons eligible to serve as a case hearing representative pursuant to NRS 213.135 shall attend upon being named to the list. A person named to the list may not serve as a case hearing representative until the person completes the program of orientation.

      2.  The program of orientation must include a minimum of 40 hours of training. The information presented during the program of orientation must include, but is not limited to:

      (a) A historical perspective of parole, including the objectives of and reasons for using parole within the criminal justice system;

      (b) The role and function of the Board within the criminal justice system;

      (c) The responsibilities of members of the Board and case hearing representatives;

      (d) The goals and objectives of the Board;

      (e) The programs administered by the Board;

      (f) The policies and procedures of the Board; and

      (g) The laws and regulations governing parole, including the standards for granting, denying, revoking and continuing parole.

      3.  The Chair of the Board shall develop a written plan for the continuing education of members of the Board and case hearing representatives. The plan must require that:

      (a) Each member of the Board shall attend not less than 16 hours of courses for continuing education during each year of the member’s term.

      (b) Each case hearing representative shall attend not less than 16 hours of courses for continuing education during each year that the representative is on the list of persons eligible to serve as a case hearing representative.

      4.  A member of the Board or a case hearing representative may meet the requirement for continuing education by successfully completing courses in any combination of the following subjects:

      (a) The role and function of the Board within the criminal justice system;

      (b) Changes in the law, including judicial decisions affecting parole;

      (c) Developing skills in communicating, making decisions and solving problems;

      (d) The interpretation and use of research, data and reports;

      (e) Correctional policies and programs, including programs for the treatment of prisoners and parolees;

      (f) Alternative punishments for disobedience;

      (g) The selection of prisoners for parole;

      (h) The supervision of parolees;

      (i) The designation of and programs for repeating or professional offenders;

      (j) Problems related to gangs;

      (k) The abuse of alcohol and drugs;

      (l) The acquired immune deficiency syndrome;

      (m) Domestic violence; and

      (n) Mental illness and intellectual disabilities.

      5.  The Board shall, within the limits of legislative appropriations, pay the expenses of members of the Board and case hearing representatives attending courses for continuing education.

      (Added to NRS by 1995, 2289; A 1997, 3340; 2001, 2590; 2001 Special Session, 199; 2013, 691)

      NRS 213.10885  Board to adopt standards for granting or revocation of parole; sample form regarding probability of success on parole to be made available to public; review of effectiveness of standards; report to Legislature.

      1.  The Board shall adopt by regulation specific standards for each type of convicted person to assist the Board in determining whether to grant or revoke parole. The regulations must include standards for determining whether to grant or revoke the parole of a convicted person:

      (a) Who committed a capital offense.

      (b) Who was sentenced to serve a term of imprisonment for life.

      (c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.

      (d) Who was convicted as a habitual criminal.

      (e) Who is a repeat offender.

      (f) Who was convicted of any other type of offense.

Ê The standards must be based upon objective criteria for determining the person’s probability of success on parole.

      2.  In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. The other factors the Board considers must include, but are not limited to:

      (a) The severity of the crime committed;

      (b) The criminal history of the person;

      (c) Any disciplinary action taken against the person while incarcerated;

      (d) Any previous parole violations or failures;

      (e) Any potential threat to society or to the convicted person; and

      (f) The length of his or her incarceration.

      3.  In determining whether to grant parole to a convicted person, the Board shall not consider whether the person has appealed the judgment of imprisonment for which the person is being considered for parole.

      4.  The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      5.  The Board shall make available to the public a sample of the form the Board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.

      6.  On or before January 1 of each even-numbered year, the Board shall review comprehensively the standards adopted by the Board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the Board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.

      7.  The Board shall report to each regular session of the Legislature:

      (a) The number and percentage of the Board’s decisions that conflicted with the standards;

      (b) The results and conclusions from the Board’s review pursuant to subsection 6; and

      (c) Any changes in the Board’s standards, policies, procedures, programs or forms that have been or will be made as a result of the review.

      (Added to NRS by 1989, 1884; A 1995, 2291; 1997, 3341; 2007, 3181)

      NRS 213.10887  Board to compile, maintain, organize and tabulate information concerning decisions regarding parole.

      1.  The Board shall compile and maintain detailed information concerning all decisions regarding parole. The information must include, but is not limited to:

      (a) The Board’s reasons for each decision to grant, deny, revoke or continue parole.

      (b) The number of decisions made by the Board granting parole, denying parole, revoking parole and continuing parole.

      2.  The Board shall organize and tabulate the information compiled pursuant to this section at regular intervals, which must not exceed 3 months.

      (Added to NRS by 1997, 3338)

      NRS 213.1089  Subpoenas.

      1.  For the purposes of NRS 213.107 to 213.157, inclusive:

      (a) The Chair of the Board; and

      (b) The inquiring officer conducting an inquiry pursuant to NRS 213.1511,

Ê may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Chair of the Board or inquiring officer may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Chair of the Board or inquiring officer pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Board or at the inquiry which is named in the subpoena, or has refused to answer questions propounded to the witness,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers.

      3.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Board or at the inquiry at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      (Added to NRS by 1979, 169; A 1995, 28)

      NRS 213.10915  Automated victim notification of eligibility of prisoner for residential confinement and consideration for parole; requirements; exceptions.

      1.  The Board, in consultation with the Division, may enter into an agreement with the manager of an automated victim notification system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 through the system if the system is capable of:

      (a) Automatically notifying by telephone or electronic means a victim registered with the system of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 with the timeliness required by NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131; and

      (b) Notifying victims registered with the system, using language provided by the Board, if the Board decides that it will discontinue the use of the system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131. The notice must:

             (1) Be provided to each victim registered with the system not less than 90 days before the date on which the Board will discontinue use of the system; and

             (2) Advise each victim to submit a written request for notification pursuant to subsection 4 of NRS 213.131 if the victim wishes to receive notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131.

      2.  The Division is not required to notify the victim of an offender of the information described in NRS 209.392 and 209.3925 and the Board is not required to notify the victim of a prisoner of the information described in subsections 4 and 7 of NRS 213.131 if:

      (a) The Board has entered into an agreement pursuant to subsection 1; and

      (b) Before discontinuing the notification of victims pursuant to NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131, the Board, not less than two times and not less than 60 days apart, has notified each victim who has requested notification pursuant to subsection 4 of NRS 213.131 and who has provided his or her current address or whose current address is otherwise known by the Board of the change in the manner in which a victim is notified of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131. The notice must:

             (1) Advise the victim that the Division will no longer notify the victim of the information described in NRS 209.392 and 209.3925, that the Board will no longer notify the victim of the information described in subsections 4 and 7 of NRS 213.131, and that the victim may register with the automated victim notification system if he or she wishes to be notified of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131; and

             (2) Include instructions for registering with the automated victim notification system to receive notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131.

      3.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      (Added to NRS by 2013, 383)

Parole and Probation Officers

      NRS 213.1092  Chief: Appointment; qualifications.

      1.  The Director of the Department of Public Safety shall appoint the Chief Parole and Probation Officer, who is in the unclassified service of the State.

      2.  The Chief Parole and Probation Officer must:

      (a) Be selected on the basis of his or her training, experience, capacity and interest in correctional services.

      (b) Have had at least 5 years’ experience in correctional programs, of which at least 3 years were in a responsible administrative position.

      (Added to NRS by 1959, 797; A 1969, 597; 1977, 287; 1993, 1523; 2001, 2591; 2005, 548)

      NRS 213.1094  Chief: Other employment prohibited.  The Chief Parole and Probation Officer shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      (Added to NRS by 1959, 798; A 1961, 656; 1963, 1330; 1965, 701; 1967, 1487; 1971, 1423; 1973, 804; 1977, 287; 1981, 1270; 1985, 396; 1995, 2310)—(Part substituted in revision by NRS 213.1086)

      NRS 213.1095  Chief: Powers and duties.  The Chief Parole and Probation Officer:

      1.  Is responsible for and shall supervise the fiscal affairs and responsibilities of the Division.

      2.  May establish, consolidate and abolish sections within the Division.

      3.  May establish, consolidate and abolish districts within the State to which assistant parole and probation officers are assigned.

      4.  Shall appoint the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the Division.

      5.  Is responsible for such reports of investigation and supervision and other reports as may be requested by the Board or courts.

      6.  Shall direct the work of all assistants and employees assigned to him or her.

      7.  Shall formulate methods of investigation, supervision, recordkeeping and reporting.

      8.  Shall develop policies of parole and probation after considering other acceptable and recognized correctional programs and conduct training courses for the staff.

      9.  Shall furnish to each person released under his or her supervision a written statement of the conditions of parole or probation, instruct any parolee or probationer regarding those conditions, and advise the Board or the court of any violation of the conditions of parole and probation.

      10.  At the close of each biennium, shall submit to the Governor and the Board a report, with statistical and other data, of his or her work.

      (Added to NRS by 1959, 798; A 1969, 597; 1973, 1565; 1977, 120, 288; 1983, 322; 1985, 396; 1993, 1523)

      NRS 213.1096  Powers and duties of assistant parole and probation officers.  Assistant parole and probation officers shall:

      1.  Investigate all cases referred to them for investigation by the Board or by the Chief Parole and Probation Officer, or by any court in which they are authorized to serve.

      2.  Supervise all persons released on probation by any such court or released to them for supervision by the Board or by the Chief Parole and Probation Officer.

      3.  Furnish to each person released under their supervision a written statement of the conditions of parole or probation and instruct the person regarding those conditions.

      4.  Keep informed concerning the conduct and condition of all persons under their supervision and use all suitable methods to aid and encourage them and to bring about improvement in their conduct and conditions.

      5.  Keep detailed records of their work.

      6.  Collect and disburse all money in accordance with the orders of the Chief Parole and Probation Officer or the court.

      7.  Keep accurate and complete accounts of all money received and disbursed in accordance with such orders and give receipts therefor.

      8.  Make such reports in writing as the court or the Chief Parole and Probation Officer may require.

      9.  Coordinate their work with that of other social agencies.

      10.  File identifying information regarding their cases with any social service index or exchange operating in the area to which they are assigned.

      (Added to NRS by 1959, 799; A 1977, 288)

      NRS 213.10983  Seizure, custody, use and sale of property other than dangerous instrument or weapon.

      1.  A parole or probation officer shall immediately deliver to the Division any seized, abandoned or unclaimed property, other than an instrument or weapon described in NRS 202.350, which the parole or probation officer obtains in the pursuance of his or her duty, unless the parole or probation officer is required to retain the property as evidence pursuant to a court order or directive of the Attorney General or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the Division.

      2.  The Division shall keep the property for return to the owner and, unless it is contraband, return it to the owner if the owner submits a claim to the Division and establishes his or her ownership within 1 year after the Division comes into possession of it. Contraband includes any property which, if possessed by a parolee or probationer, would constitute a violation of the terms of his or her parole or probation or any federal or state law. Contraband becomes the property of the Division.

      3.  Any contraband consisting of controlled substances or dangerous drugs must be disposed of or destroyed as provided by law.

      4.  If the Division is not able to determine the owner of the property within the 1-year period, the Division acquires title to it and the Chief Parole and Probation Officer shall:

      (a) Sell the property at a public auction at the same times and places that confiscated instruments and weapons are sold; or

      (b) Retain the property for the official use of the Division.

      5.  The Division shall keep accurate records of all property governed by this section.

      (Added to NRS by 1981, 370; A 1993, 1524)

      NRS 213.10985  Seizure, custody, use and sale of dangerous instrument or weapon.

      1.  A parole or probation officer shall immediately deliver to the Division any seized, abandoned or unclaimed instrument or weapon described in NRS 202.350 which the parole or probation officer obtains in the pursuance of his or her duty, unless the parole or probation officer is required to retain it as evidence pursuant to a court order or directive of the Attorney General or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the Division.

      2.  The Division shall:

      (a) Destroy or direct to be destroyed the instrument or weapon if it is determined to be dangerous to the safety of the public.

      (b) Return an instrument or weapon which has not been destroyed pursuant to paragraph (a), upon demand, to any person other than a parolee or probationer:

             (1) From whom it was confiscated if that person is acquitted of the public offense or crime of which that person was charged; or

             (2) Who otherwise claims and establishes ownership of it. Any such instrument or weapon which is not destroyed, returned or claimed within 1 year after the Division comes into possession of it becomes the property of the Division.

      3.  The Chief Parole and Probation Officer shall at least once a year order the officers who have custody of such instruments and weapons that have become the property of the Division to:

      (a) Retain the instrument or weapon for official use by the Division.

      (b) Deliver the instruments and weapons to another custodial officer of the Division to be sold.

      (c) Sell any such instrument or weapon to another law enforcement agency at a price not less than its prevailing market value.

      (d) Sell all unretained and unsold instruments and weapons at a public auction to be held at least once in each year, after notice of such public auction describing the instrument or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city of the sale.

      4.  All proceeds of the sales provided for in subsection 3 must be deposited with the State Treasurer for credit to the State General Fund.

      5.  Any officer receiving an order as provided in subsection 3 shall comply with such order as soon as practicable.

      6.  The Division shall keep accurate records of all instruments and weapons governed by this section.

      (Added to NRS by 1981, 371; A 1993, 1525)

      NRS 213.10988  Chief to adopt standards for recommendations regarding parole or probation.

      1.  The Chief Parole and Probation Officer shall adopt by regulation standards to assist him or her in formulating a recommendation regarding the granting of probation or the revocation of parole or probation to a convicted person who is otherwise eligible for or on probation or parole. The standards must be based upon objective criteria for determining the person’s probability of success on parole or probation.

      2.  In establishing standards, the Chief Parole and Probation Officer shall first consider all factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is continued or probation is granted or continued.

      3.  The Chief Parole and Probation Officer shall adjust the standards to provide a recommendation of greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      4.  When adopting regulations pursuant to this section, the Chief Parole and Probation Officer shall follow the procedure set forth in chapter 233B of NRS for the adoption of regulations.

      5.  The Chief Parole and Probation Officer shall report to each regular session of the Legislature:

      (a) The number and percentage of recommendations made regarding parole and probation which conflicted with the standards; and

      (b) Any recommendations regarding the standards.

      (Added to NRS by 1989, 1885)

Release of Prisoner on Parole

      NRS 213.1099  Limitations on Board’s power to release prisoners on parole. [Effective through June 30, 2014.]

      1.  Except as otherwise provided in this section and NRS 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

      2.  In determining whether to release a prisoner on parole, the Board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;

      (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131 or 213.10915.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless the Board finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and does not have a history of:

      (a) Recent misconduct in the institution, and has been recommended for parole by the Director of the Department of Corrections;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The Board shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.

      (Added to NRS by 1967, 526; A 1973, 844; 1975, 85; 1977, 414; 1981, 871; 1987, 509, 946; 1989, 1886; 1993, 2777; 1995, 28, 417, 1259, 1331, 2067, 2070; 1997, 589, 590, 591, 1686, 2508; 2001 Special Session, 200; 2007, 2775; 2011, 67; 2013, 248, 384)

      NRS 213.1099  Limitations on Board’s power to release prisoners on parole. [Effective July 1, 2014.]

      1.  Except as otherwise provided in this section and NRS 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

      2.  In determining whether to release a prisoner on parole, the Board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;

      (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131 or 213.10915.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term or the maximum aggregate term of imprisonment imposed by the court, as applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless the Board finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and does not have a history of:

      (a) Recent misconduct in the institution, and has been recommended for parole by the Director of the Department of Corrections;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The Board shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.

      (Added to NRS by 1967, 526; A 1973, 844; 1975, 85; 1977, 414; 1981, 871; 1987, 509, 946; 1989, 1886; 1993, 2777; 1995, 28, 417, 1259, 1331, 2067, 2070; 1997, 589, 590, 591, 1686, 2508; 2001 Special Session, 200; 2007, 2775; 2011, 67; 2013, 229, 248, 384, effective July 1, 2014)

      NRS 213.110  Regulations regarding parole; suspension of parole to permit induction into military service.

      1.  Subject to the provisions of NRS 213.120, the Board shall establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison, or in another jurisdiction as provided in NRS 176.045, may be allowed to go upon parole outside of the buildings or enclosures, but to remain, while on parole, in the legal custody and under the control of the Board and subject at any time to be taken within the enclosure of the state prison.

      2.  The Board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolee’s active service after induction into the military service.

      [11:149:1933; A 1943, 55; 1943 NCL § 11579]—(NRS A 1957, 739; 1965, 434; 1967, 526; 1969, 598; 1971, 601; 1973, 181; 1995, 2292)

      NRS 213.115  Release of certain prisoners on parole at request of authorities of other jurisdictions for prosecution.  Notwithstanding the provisions of any other law, any prisoner may be released conditionally on parole at the request of the appropriate authority of another jurisdiction for prosecution for any crime of a magnitude equal to or greater than that for which the prisoner was imprisoned, as determined by the severity of the sentences for the two crimes. If after such conditional parole and prosecution by another jurisdiction the prisoner is found not guilty of the crime as charged, the prisoner must, pursuant to the Board’s written order, be returned to the actual custody of the Department of Corrections and shall serve such part of the unexpired term of his or her original sentence as may be determined by the Board.

      (Added to NRS by 1965, 435; A 1983, 726; 2001 Special Session, 201)

      NRS 213.120  When prisoner becomes eligible for parole. [Effective through June 30, 2014.]

      1.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed before July 1, 1995, may be paroled when the prisoner has served one-third of the definite period of time for which the prisoner has been sentenced pursuant to NRS 176.033, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      2.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed on or after July 1, 1995, may be paroled when the prisoner has served the minimum term of imprisonment imposed by the court. Except as otherwise provided in NRS 209.4465, any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term of imprisonment may reduce only the maximum term of imprisonment imposed and must not reduce the minimum term of imprisonment.

      [Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1957, 317; 1965, 434; 1967, 527; 1979, 1031; 1991, 1105; 1993, 137; 1995, 1259; 2007, 3182)

      NRS 213.120  When prisoner becomes eligible for parole. [Effective July 1, 2014.]

      1.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed before July 1, 1995, may be paroled when the prisoner has served one-third of the definite period of time for which the prisoner has been sentenced pursuant to NRS 176.033, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      2.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed on or after July 1, 1995, may be paroled when the prisoner has served the minimum term or minimum aggregate term of imprisonment imposed by the court. Except as otherwise provided in NRS 209.4465, any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term or minimum aggregate term of imprisonment may reduce only the maximum term or the maximum aggregate term of imprisonment imposed, as applicable, and must not reduce the minimum term or the minimum aggregate term of imprisonment, as applicable.

      [Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1957, 317; 1965, 434; 1967, 527; 1979, 1031; 1991, 1105; 1993, 137; 1995, 1259; 2007, 3182; 2013, 230, effective July 1, 2014)

      NRS 213.1212  Eligibility for parole of prisoner whose sentences have been aggregated; written request to aggregate sentences. [Effective July 1, 2014.]

      1.  Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences, the terms of which have been aggregated:

      (a) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate term of imprisonment; and

      (b) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.

      2.  For purposes of determining parole eligibility, a prisoner whose sentences have been aggregated may earn credit pursuant to NRS 209.433 to 209.449, inclusive, which must be deducted from the minimum aggregate term of imprisonment or the maximum aggregate term of imprisonment, as applicable. Such credits may be earned only to the extent that the credits would otherwise be earned had the sentences not been aggregated.

      3.  Except as otherwise provided in subsection 3 of NRS 176.035, a prisoner who is serving consecutive sentences which have not been aggregated may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the sentences aggregated. If the prisoner makes such an irrevocable election to have the sentences aggregated and:

      (a) The prisoner has not been considered for parole on any of the sentences, the Department of Corrections shall aggregate the sentences in the manner set forth in NRS 176.035 and the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.

      (b) The prisoner has been considered for parole on one or more of the sentences, the Department of Corrections shall aggregate only the sentences for which parole has not been considered. The Board is not required to consider the prisoner for parole on the aggregated sentences until the prisoner has served the minimum aggregate term of imprisonment.

      (Added to NRS by 2013, 228, effective July 1, 2014)

      NRS 213.1213  Eligibility for parole of prisoner sentenced to serve two or more concurrent sentences; eligibility for parole of prisoner sentenced to serve two or more consecutive sentences of life imprisonment with the possibility of parole. [Effective through June 30, 2014.]

      1.  If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more concurrent sentences, whether or not the sentences are identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.

      2.  Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences of life imprisonment with the possibility of parole:

      (a) For offenses committed on or after July 1, 2009:

             (1) All minimum sentences for such offenses must be aggregated;

             (2) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate sentence; and

             (3) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.

      (b) For offenses committed before July 1, 2009, in cases in which the prisoner has not previously been considered for parole for any such offenses:

             (1) The prisoner may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the minimum sentences for such offenses aggregated; and

             (2) If the prisoner makes such an irrevocable election to have the minimum sentences for such offenses aggregated, the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.

      (Added to NRS by 1993, 137; A 2009, 1546)

      NRS 213.1213  Eligibility for parole of prisoner sentenced to serve two or more concurrent sentences; eligibility for parole of prisoner sentenced to serve two or more consecutive sentences of life imprisonment with the possibility of parole. [Effective July 1, 2014.]

      1.  If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more concurrent sentences, whether or not the sentences are identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.

      2.  Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences of life imprisonment with the possibility of parole:

      (a) For offenses committed on or after July 1, 2009, but before July 1, 2014:

             (1) All minimum sentences for such offenses must be aggregated;

             (2) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate sentence; and

             (3) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.

      (b) For offenses committed before July 1, 2009, in cases in which the prisoner has not previously been considered for parole for any such offenses:

             (1) The prisoner may, by submitting a written request to the Director of the Department of Corrections before July 1, 2014, make an irrevocable election to have the minimum sentences for such offenses aggregated; and

             (2) If the prisoner makes such an irrevocable election to have the minimum sentences for such offenses aggregated, the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.

      (Added to NRS by 1993, 137; A 2009, 1546; 2013, 230, effective July 1, 2014)

      NRS 213.1214  Evaluation of certain prisoners by Department of Corrections before parole hearing; Director of Department to establish procedure for assessment of prisoners; immunity; regulations.

      1.  The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner using a currently accepted standard of assessment. The completed assessment must return a risk level of low, moderate or high. The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.

      2.  The Director shall:

      (a) Ensure that any employee of the Department who completes an assessment pursuant to subsection 1 is properly trained to assess the risk of an offender to reoffend in a sexual manner.

      (b) Establish a procedure to:

             (1) Ensure the accuracy of each completed assessment provided to the Board; and

             (2) Correct any error occurring in a completed assessment provided to the Board.

      3.  This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.

      4.  The Board shall consider an assessment prepared pursuant to this section before determining whether to grant or revoke the parole of a person convicted of a sexual offense.

      5.  The Board may adopt by regulation the manner in which the Board will consider an assessment prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.

      6.  As used in this section:

      (a) “Director” means the Director of the Department of Corrections.

      (b) “Reoffend in a sexual manner” means to commit a sexual offense.

      (c) “Sex offender” means a person who, after July 1, 1956, is or has been:

             (1) Convicted of a sexual offense; or

             (2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph (18) of paragraph (d).

Ê The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.

      (d) “Sexual offense” means any of the following offenses:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Open or gross lewdness pursuant to NRS 201.210.

             (11) Indecent or obscene exposure pursuant to NRS 201.220.

             (12) Lewdness with a child pursuant to NRS 201.230.

             (13) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (14) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

             (15) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to (14), inclusive.

             (16) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

             (17) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:

                   (I) A tribal court.

                   (II) A court of the United States or the Armed Forces of the United States.

             (18) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subparagraph includes, but is not limited to, an offense prosecuted in:

                   (I) A tribal court.

                   (II) A court of the United States or the Armed Forces of the United States.

                   (III) A court having jurisdiction over juveniles.

Ê The term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      (Added to NRS by 1997, 2506; A 1999, 108; 2001, 1640, 2799; 2001 Special Session, 201; 2003, 289, 306, 1392; 2005, 2878; 2011, 2132; 2013, 249, 1170)

      NRS 213.1215  Mandatory release of certain prisoners. [Effective through June 30, 2014.]

      1.  Except as otherwise provided in this section and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:

      (a) Has not been released on parole previously for that sentence; and

      (b) Is not otherwise ineligible for parole,

Ê the prisoner must be released on parole 12 months before the end of his or her maximum term, as reduced by any credits the prisoner has earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      2.  Except as otherwise provided in this section, a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time that the prisoner committed the offense for which the prisoner was imprisoned must, if the prisoner still has a consecutive sentence to be served, be granted parole from his or her current term of imprisonment to his or her subsequent term of imprisonment or must, if the prisoner does not still have a consecutive sentence to be served, be released on parole, if:

      (a) The prisoner has served the minimum term of imprisonment imposed by the court;

      (b) The prisoner has completed a program of general education or an industrial or vocational training program;

      (c) The prisoner has not been identified as a member of a group that poses a security threat pursuant to the procedures for identifying security threats established by the Department of Corrections; and

      (d) The prisoner has not, within the immediately preceding 24 months:

             (1) Committed a major violation of the regulations of the Department of Corrections; or

             (2) Been housed in disciplinary segregation.

      3.  The Board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his or her release.

      4.  Each parolee so released must be supervised closely by the Division, in accordance with the plan for supervision developed by the Chief pursuant to NRS 213.122.

      5.  If the Board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1 or 2 that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the Board may require the prisoner to serve the balance of his or her sentence and not grant the parole provided for in subsection 1 or 2. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 1 or 2, the Board shall provide to the prisoner a written statement of its reasons for denying parole.

      6.  If the prisoner is the subject of a lawful request from another law enforcement agency that the prisoner be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.

      7.  If the Division has not completed its establishment of a program for the prisoner’s activities during his or her parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoner’s program is established.

      8.  For the purposes of this section, the determination of the 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits the prisoner may have earned to reduce his or her sentence had the prisoner not been paroled.

      (Added to NRS by 1987, 945; A 1991, 702; 1993, 1526; 1995, 1260; 2007, 3183; 2009, 1547)

      NRS 213.1215  Mandatory release of certain prisoners. [Effective July 1, 2014.]

      1.  Except as otherwise provided in this section and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:

      (a) Has not been released on parole previously for that sentence; and

      (b) Is not otherwise ineligible for parole,

Ê the prisoner must be released on parole 12 months before the end of his or her maximum term or maximum aggregate term, as applicable, as reduced by any credits the prisoner has earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      2.  Except as otherwise provided in this section, a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time that the prisoner committed the offense for which the prisoner was imprisoned must, if the prisoner still has a consecutive sentence to be served, be granted parole from his or her current term of imprisonment to his or her subsequent term of imprisonment or must, if the prisoner does not still have a consecutive sentence to be served, be released on parole, if:

      (a) The prisoner has served the minimum term or the minimum aggregate term of imprisonment imposed by the court, as applicable;

      (b) The prisoner has completed a program of general education or an industrial or vocational training program;

      (c) The prisoner has not been identified as a member of a group that poses a security threat pursuant to the procedures for identifying security threats established by the Department of Corrections; and

      (d) The prisoner has not, within the immediately preceding 24 months:

             (1) Committed a major violation of the regulations of the Department of Corrections; or

             (2) Been housed in disciplinary segregation.

      3.  If a prisoner who meets the criteria set forth in subsection 2 is determined to be a high risk to reoffend in a sexual manner pursuant to NRS 213.1214, the Board is not required to release the prisoner on parole pursuant to this section. If the prisoner is not granted parole, a rehearing date must be scheduled pursuant to NRS 213.142.

      4.  The Board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his or her release.

      5.  Each parolee so released must be supervised closely by the Division, in accordance with the plan for supervision developed by the Chief pursuant to NRS 213.122.

      6.  If the Board finds that there is a reasonable probability that a prisoner considered for release on parole pursuant to subsection 1 will be a danger to public safety while on parole, the Board may require the prisoner to serve the balance of his or her sentence and not grant the parole. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 1, the Board shall provide to the prisoner a written statement of its reasons for denying parole.

      7.  If the Board finds that there is a reasonable probability that a prisoner considered for release on parole pursuant to subsection 2 will be a danger to public safety while on parole, the Board is not required to grant the parole and shall schedule a rehearing pursuant to NRS 213.142. Except as otherwise provided in subsection 3 of NRS 213.1519, if a prisoner is not granted parole pursuant to this subsection, the criteria set forth in subsection 2 must be applied at each subsequent hearing until the prisoner is granted parole or expires his or her sentence. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 2, the Board shall provide to the prisoner a written statement of its reasons for denying parole, along with specific recommendations of the Board, if any, to improve the possibility of granting parole the next time the prisoner may be considered for parole.

      8.  If the prisoner is the subject of a lawful request from another law enforcement agency that the prisoner be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.

      9.  If the Division has not completed its establishment of a program for the prisoner’s activities during his or her parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoner’s program is established.

      10.  For the purposes of this section, the determination of the 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits the prisoner may have earned to reduce his or her sentence had the prisoner not been paroled.

      (Added to NRS by 1987, 945; A 1991, 702; 1993, 1526; 1995, 1260; 2007, 3183; 2009, 1547; 2013, 231, effective July 1, 2014)

      NRS 213.1216  Release of prisoner whose conduct during commission of crime satisfies requirements for enhancement for certain crimes against older persons.

      1.  Except as otherwise provided in subsection 2, the Board shall not release on parole a prisoner whose conduct during the commission of the crime for which the prisoner was imprisoned satisfies the requirements for imposing an additional term of imprisonment pursuant to paragraph (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the prisoner has paid to the victim of the offense at least 80 percent of the amount of restitution set by a court pursuant to NRS 176.033.

      2.  The Board shall not refuse to release a prisoner on parole as provided in subsection 1 unless the Board determines that the prisoner has willfully failed to make restitution to the victim of the crime and the prisoner has the ability to make restitution.

      (Added to NRS by 1997, 1030; A 1999, 43)

      NRS 213.12175  Board may impose any reasonable conditions on parolee to protect health, safety and welfare of community.  The Board may, as a condition of releasing a prisoner on parole, impose any reasonable conditions on the parolee to protect the health, safety and welfare of the community, including, without limitation:

      1.  Requiring the parolee to remain in this state or a certain county within this state;

      2.  Prohibiting the parolee from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the parolee’s behalf;

      3.  Prohibiting the parolee from entering a certain geographic area; and

      4.  Prohibiting the parolee from engaging in specific conduct that may be harmful to his or her own health, safety or welfare, or the health, safety or welfare of another person.

      (Added to NRS by 1997, 3361)

      NRS 213.1218  Person to submit signed document before being released on parole; Division to contact person released on parole within 5 days unless waived by Chief.

      1.  Before a person may be released on parole, the person must submit to the Division a signed document stating that:

      (a) The person will comply with the conditions of his or her parole; and

      (b) If the person fails to comply with the conditions of his or her parole and is taken into custody outside of this state, the person waives all rights relating to extradition proceedings.

      2.  The Division shall contact each parolee in person or by telephone within 5 days after the parolee’s release from prison. The Chief may waive this requirement if the Chief determines that such contact is not necessary.

      (Added to NRS by 1995, 27; A 1997, 1561)

      NRS 213.12185  Chief to notify Department of Motor Vehicles when prisoner who has had license, permit or privilege to drive revoked is placed on parole or residential confinement.  The Chief shall notify the Department of Motor Vehicles when a prisoner who has had his or her license, permit or privilege to drive revoked pursuant to NRS 483.460 is placed on parole. The notification process must conform to the guidelines provided in regulation by the Department of Motor Vehicles pursuant to NRS 483.460.

      (Added to NRS by 2007, 2051; A 2009, 1861)

      NRS 213.122  Chief to develop statewide plan for strict supervision of parolees.  The Chief shall develop a statewide plan for the strict supervision of parolees released pursuant to NRS 213.1215. In addition to such other provisions as the Chief deems appropriate, the plan must provide for the supervision of such parolees by assistant parole and probation officers whose caseload allows for enhanced supervision of the parolees under their charge unless, because of the remoteness of the community to which the parolee is released, enhanced supervision is impractical.

      (Added to NRS by 1987, 946; A 1993, 1526)

      NRS 213.123  Imposition of tests to determine use of controlled substance as condition of parole.

      1.  Upon the granting of parole to a prisoner, the Board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests to determine whether the parolee is using any controlled substance. Any such use, except the use of marijuana in accordance with the provisions of chapter 453A of NRS or any failure or refusal to submit to a test is a ground for revocation of parole.

      2.  Any expense incurred as a result of any test is a charge against the Division.

      (Added to NRS by 1969, 181; A 1971, 2026; 1973, 178; 1977, 263; 1983, 245; 1993, 1527; 2001, 3072)

      NRS 213.1235  Program of aftercare following assignment to therapeutic community as condition of parole.  If a prisoner is granted parole and a determination has been made pursuant to NRS 209.4238 that the prisoner must continue in a program of aftercare, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee participate in the program of aftercare to which the parolee has been assigned pursuant to NRS 209.4238.

      (Added to NRS by 1997, 2657)

      NRS 213.124  Imposition of program of intensive supervision as condition of parole; Chief to develop program; program to include electronic supervision of parolee.

      1.  Upon the granting of parole to a prisoner, the Board may require the parolee to submit to a program of intensive supervision as a condition of his or her parole.

      2.  The Chief shall develop a program for the intensive supervision of parolees required to submit to such a program pursuant to subsection 1. The program must include an initial period of electronic supervision of the parolee with an electronic device approved by the Division. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolee’s presence at his or her residence, including, but not limited to, the transmission of still visual images which do not concern the parolee’s activities while inside his or her residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the parolee’s activities while inside his or her residence,

Ê must not be used.

      (Added to NRS by 1991, 2044; A 1993, 1527)

      NRS 213.1243  Release of sex offender: Program of lifetime supervision; required conditions of lifetime supervision; penalties for violation of conditions; exception to conditions.

      1.  The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

      2.  Lifetime supervision shall be deemed a form of parole for:

      (a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

      (b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.

      3.  Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:

      (a) The residence has been approved by the parole and probation officer assigned to the person.

      (b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

      (c) The person keeps the parole and probation officer informed of his or her current address.

      4.  Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.

      5.  Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

      (c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.

      6.  A sex offender placed under the system of active electronic monitoring pursuant to subsection 4 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.

      7.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      8.  Except as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him or her pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      9.  The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      10.  The Board shall require as a condition of lifetime supervision that the sex offender not have contact or communicate with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his or her designee and a written agreement is entered into and signed.

      11.  If a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.

      12.  For the purposes of prosecution of a violation by a sex offender of a condition imposed upon him or her pursuant to the program of lifetime supervision, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.

      (Added to NRS by 1995, 415; A 1997, 512, 1189; 2005, 2879; 2007, 1918, 3256; 2009, 1299)

      NRS 213.1245  Prisoner convicted of sexual offense: Mandatory conditions of parole.

      1.  Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in NRS 179D.097, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

      (a) Reside at a location only if:

             (1) The residence has been approved by the parole and probation officer assigned to the parolee.

             (2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

             (3) The parolee keeps the parole and probation officer informed of his or her current address.

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his or her position of employment or position as a volunteer.

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee.

      (d) Participate in and complete a program of professional counseling approved by the Division.

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance.

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee.

      (g) Abstain from consuming, possessing or having under his or her control any alcohol.

      (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the Chief or his or her designee and a written agreement is entered into and signed in the manner set forth in subsection 2.

      (i) Not use aliases or fictitious names.

      (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee.

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.097 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact.

      (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a parolee who is a Tier 3 offender.

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee.

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee.

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee.

      (q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his or her enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The parolee;

      (c) The parole and probation officer assigned to the parolee;

      (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any;

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child; and

      (f) The Chief or his or her designee.

      3.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      (Added to NRS by 1997, 1685; A 2001, 2068; 2003, 578; 2007, 1919, 2775, 3258; 2009, 1301)

      NRS 213.1255  Prisoner who is Tier 3 offender convicted of sexual offense against child under 14: Additional conditions of parole required.

      1.  Except as otherwise provided in subsection 4, in addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 6 against a child under the age of 14 years and who is a Tier 3 offender, the Board shall require that the parolee:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

      (c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.

      2.  A parolee placed under the system of active electronic monitoring pursuant to subsection 1 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.

      3.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a parolee pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      4.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      5.  In addition to any conditions of parole required to be imposed pursuant to subsection 1 and NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 6 against a child under the age of 14 years, the Board shall, when appropriate:

      (a) Require the parolee to participate in psychological counseling.

      (b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present.

      6.  The provisions of subsections 1 and 5 apply to a prisoner who was convicted of:

      (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;

      (b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;

      (c) An offense punishable pursuant to subsection 2 of NRS 200.750;

      (d) Lewdness with a child pursuant to NRS 201.230;

      (e) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony; or

      (f) Any combination of the crimes listed in this subsection.

      (Added to NRS by 1997, 1722; A 1999, 470; 2001, 1142, 2800; 2003, 22, 1393; 2007, 3260; 2013, 1173)

      NRS 213.1258  Conditions relating to computers and use of Internet and other electronic means of communication; powers and duties of Board; exceptions.

      1.  Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The Board is not required to impose a condition of parole set forth in subsection 1 if the Board finds that:

      (a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;

      (b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if the Board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Network” has the meaning ascribed to it in NRS 205.4745.

      (c) “System” has the meaning ascribed to it in NRS 205.476.

      (d) “Text messaging” has the meaning ascribed to it in NRS 200.575.

      (Added to NRS by 2001, 2798; A 2003, 1393; 2009, 3011)

      NRS 213.126  Requirement of restitution as condition of parole; Restitution Trust Fund.

      1.  Unless complete restitution was made while the parolee was incarcerated, the Board shall impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, including restitution to a governmental entity for expenses related to extradition, at the times specified in the statement unless the Board finds that restitution is impracticable. The amount of restitution must be the amount set by the court pursuant to NRS 176.033. In appropriate circumstances, the Board shall include as a condition of parole that the parolee execute an assignment of wages earned by the parolee while on parole to the Division for restitution.

      2.  All money received by the Division for restitution must be deposited with the State Treasurer for credit to the Restitution Trust Fund which is hereby created.

      3.  The Division shall make pro rata payments from the money received from the parolee to each person to whom the restitution was ordered pursuant to NRS 176.033. Such a payment must be made not less than once each fiscal year. Any money received from the parolee that is remaining at the end of each fiscal year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the parolee pays the entire restitution owed.

      4.  A person to whom restitution was ordered pursuant to NRS 176.033 may at any time file an application with the Division requesting the Division to make a pro rata payment from the money received from the parolee. If the Division finds that the applicant is suffering a serious financial hardship and is in need of financial assistance, the Division shall pay to the applicant his or her pro rata share of the money received from the parolee.

      5.  All payments from the Fund must be paid as other claims against the State are paid.

      6.  If restitution is not required, the Board shall set forth the circumstances upon which it finds restitution impracticable in its statement of parole conditions.

      7.  Failure to comply with a restitution requirement imposed by the Board is a violation of a condition of parole unless the parolee’s failure was caused by economic hardship resulting in his or her inability to pay the amount due. The parolee is entitled to a hearing to show the existence of that hardship.

      8.  If, within 3 years after the parolee is discharged from parole, the Division has not located the person to whom the restitution was ordered, the money paid to the Division by the parolee must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.

      (Added to NRS by 1975, 84; A 1979, 100; 1981, 1341; 1989, 679; 1991, 377; 1993, 936, 1527; 1995, 409, 551; 2013, 193)

      NRS 213.1263  Board may prohibit association with members of criminal gang as condition of parole.

      1.  The Board may, as a condition of releasing a prisoner on parole, prohibit the prisoner from associating with the members of a criminal gang.

      2.  As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:

      (a) Has a common name or identifying symbol;

      (b) Has particular conduct, status and customs indicative of it; and

      (c) Has as one of its common activities engaging in criminal activity punishable as a felony.

      (Added to NRS by 1995, 1425)

      NRS 213.128  Person with communications disability entitled to services of interpreter at hearing of case.  A prisoner, parolee or a witness at the hearing of a case who is a person with a communications disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the Chair of the Board or other person who presides at the hearing.

      (Added to NRS by 1979, 657; A 2001, 1777; 2007, 170)

      NRS 213.131  Consideration for parole: Duties of Department of Corrections; use of photographs related to offense during meeting of the State Board of Parole Commissioners; conduct of meeting; notice of meeting to victim; prisoner’s rights; notice to prisoner of decision of Board.

      1.  The Department of Corrections shall:

      (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

      (b) Notify the Board of the eligibility of the prisoner to be considered for parole; and

      (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

      2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

      3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

      4.  Except as otherwise provided in NRS 213.10915, not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of the victim’s rights pursuant to this subsection, if the victim has requested notification in writing and has provided his or her current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his or her rights pursuant to this subsection and the victim is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

      5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

      6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the State Board of Parole Commissioners.

      7.  Except as otherwise provided in NRS 213.10915, if a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

      8.  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 pursuant to this section is confidential.

      9.  The Board may grant parole without a meeting, pursuant to NRS 213.133, but the Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.

      10.  During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:

      (a) At his or her own expense, to have a representative present with whom the prisoner may confer; and

      (b) To speak on his or her own behalf or to have his or her representative speak on his or her behalf.

      11.  Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.

      12.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      (Added to NRS by 2011, 65; A 2013, 385)

      NRS 213.133  Delegation of Board’s authority to hear and act upon parole of prisoner and issues before Board; recommendations for prisoner’s release on parole without meeting of Board under certain circumstances.

      1.  Except as otherwise provided in subsections 6, 7 and 8, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of:

      (a) Two or more members of the Board, two of whom constitute a quorum; or

      (b) One member of the Board who is assisted by a case hearing representative.

      2.  No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.

      3.  The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the Board. Such action may be taken at a meeting of the Board or without a meeting by the delivery of written approval to the Executive Secretary of the Board.

      4.  The degree of complexity of issues presented must be taken into account before the Board makes any delegation of its authority and before it determines the extent of a delegation.

      5.  The Board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.

      6.  A hearing concerning the parole of a prisoner or any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a sentence of imprisonment for life;

      (c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;

      (d) Who is a habitual criminal; or

      (e) Whose sentence has been commuted by the State Board of Pardons Commissioners,

Ê must be conducted by at least three members of the Board, and action may be taken only with the concurrence of at least four members.

      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, the Chair must concur in the recommendation.

      8.  A member of the Board or a person who has been designated as a case hearing representative in accordance with NRS 213.135 may recommend to the Board that a prisoner be released on parole without a meeting if:

      (a) The prisoner is not serving a sentence for a crime described in subsection 6;

      (b) The parole standards created pursuant to NRS 213.10885 suggest that parole should be granted;

      (c) There are no current requests for notification of hearings made in accordance with subsection 4 of NRS 213.131 or, if the Board is not required to provide notification of hearings pursuant to NRS 213.10915, the Board has not been notified by the automated victim notification system that a victim of the prisoner has registered with the system to receive notification of hearings; and

      (d) Notice to law enforcement of the eligibility for parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and no person objected to granting parole without a meeting during the 30-day notice period.

      9.  A recommendation made in accordance with subsection 8 is subject to final approval by the affirmative action of a majority of the members appointed to the Board. The final approval by affirmative action must not take place until the expiration of the 30-day notice period to law enforcement of the eligibility for parole of the prisoner in accordance with subsection 5 of NRS 213.1085. Such action may be taken at a meeting of the Board or without a meeting of the Board by delivery of written approval to the Executive Secretary of the Board by a majority of the members.

      (Added to NRS by 1965, 1142; A 1981, 75; 1995, 2292; 1999, 133; 2009, 525; 2011, 68; 2013, 387)

      NRS 213.135  Case hearing representatives: Board may maintain list of eligible persons; qualifications; designation.

      1.  The Board may establish and maintain a list of persons eligible to serve as case hearing representatives in the manner provided by NRS 213.133.

      2.  Each member on the list of persons eligible to serve as a case hearing representative must have at least:

      (a) A bachelor’s degree in criminal justice, law enforcement, sociology, psychology, social work, law or the administration of correctional or rehabilitative facilities and programs and not less than 3 years of experience in one or several of those fields; or

      (b) Six years of experience in one or several of the fields specified in paragraph (a).

      3.  The Chair of the Board may, as the necessities of the caseload demand, designate a person from the list to serve as a case hearing representative in the manner provided by NRS 213.133.

      (Added to NRS by 1965, 1142; A 1995, 2293)

      NRS 213.140  Board to consider parole of eligible prisoner; release may be authorized whether or not prisoner accepts parole; duties of Division when parole is authorized; adoption of regulations.

      1.  When a prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the Board shall consider and may authorize the release of the prisoner on parole as provided in this chapter. The Board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.

      2.  If the release of a prisoner on parole is authorized by the Board, the Division shall:

      (a) Review and, if appropriate, approve each prisoner’s proposed plan for placement upon release; or

      (b) If the prisoner’s plan is not approved by the Division, assist the prisoner to develop a plan for his or her placement upon release,

Ê before the prisoner is released on parole. The prisoner’s proposed plan must identify the county in which the prisoner will reside if the prisoner will be paroled in Nevada.

      3.  The Board may adopt any regulations necessary or convenient to carry out this section.

      [11.5:149:1933; added 1949, 151; 1943 NCL § 11579.01]—(NRS A 1991, 665; 1993, 242; 1995, 512, 2068; 1999, 133)

      NRS 213.142  Rehearing to be scheduled if parole denied.

      1.  Upon denying the parole of a prisoner, the Board shall schedule a rehearing. The date on which the rehearing is to be held is within the discretion of the Board, but, except as otherwise provided in subsection 2, the elapsed time between hearings must not exceed 3 years.

      2.  If the prisoner who is being considered for parole has more than 10 years remaining on the term of his or her sentence, not including any credits which may be allowed against his or her sentence, when the Board denies his or her parole, the elapsed time between hearings must not exceed 5 years.

      (Added to NRS by 1973, 190; A 1995, 1360; 1999, 134)

Parole Violators

      NRS 213.150  Board’s authority to adopt regulations covering conduct of parolees; Board’s authority to retake parolees.  The Board may:

      1.  Make and enforce regulations covering the conduct of paroled prisoners.

      2.  Retake or cause to be retaken and imprisoned any prisoner so upon parole, subject to the procedures prescribed in NRS 213.151 to 213.1519, inclusive.

      [Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1967, 1257; 1969, 599; 1973, 65, 354; 1975, 195)

      NRS 213.151  Arrest of alleged violator of parole: Powers and duties of peace officers.

      1.  The Board’s written order, certified to by the Chief Parole and Probation Officer, is sufficient warrant for any parole and probation officer or other peace officer to arrest any conditionally released or paroled prisoner.

      2.  Every sheriff, constable, chief of police, prison officer or other peace officer shall execute any such order in like manner as ordinary criminal process.

      3.  Any parole and probation officer or any peace officer with power to arrest may arrest a parolee without a warrant if there is probable cause to believe that the parolee has committed acts that would constitute a violation of his or her parole.

      4.  Except as otherwise provided in subsection 5, after arresting a paroled prisoner for violation of a condition of his or her parole and placing the parolee in detention or, pursuant to NRS 213.15105, in residential confinement, the arresting officer shall:

      (a) Present to the detaining authorities, if any, a statement of the charges against the parolee; and

      (b) Notify the Board of the arrest and detention or residential confinement of the parolee and submit a written report showing in what manner the parolee violated a condition of his or her parole.

      5.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he or she arrests without a warrant for violating a condition of parole if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of parole.

      (Added to NRS by 1975, 196; A 1979, 324; 1991, 312)

      NRS 213.15103  Incarceration and custody of parolee who violates condition of parole; duty of Division.

      1.  If a parolee is incarcerated in a county jail for a violation of a condition of his or her parole or because his or her residential confinement is terminated pursuant to NRS 213.15198, the sheriff of that county shall notify the Chief. If there are no other criminal charges pending or warrants outstanding for the parolee, the Division shall take custody of the parolee within:

      (a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted.

      (b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this State pursuant to NRS 213.215.

      2.  If the Division fails to take custody of a parolee within the time required by subsection 1, the Division shall reimburse the county in which the jail is situated, at a daily rate to be determined by the board of county commissioners for that county, for the cost of housing the parolee each day the parolee is incarcerated in the jail. If the Division does not certify in writing within:

      (a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted; or

      (b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this State pursuant to NRS 213.215,

Ê that continued incarceration of the parolee is necessary, the sheriff may, if there are no other criminal charges pending or warrants outstanding for the parolee, release the parolee from custody.

      3.  The provisions of this section do not apply if the Division has entered into an agreement with a county that provides otherwise.

      (Added to NRS by 1993, 2884; A 1995, 730, 2554; 2001, 2369)

      NRS 213.15105  Placement of alleged parole violator in residential confinement pending inquiry.  The Chief Parole and Probation Officer may, in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198, order any parolee who is arrested pursuant to NRS 213.151 to be placed in residential confinement in lieu of detention in a county jail pending an inquiry to determine whether there is probable cause to believe that the parolee has committed any act which would constitute a violation of his or her parole.

      (Added to NRS by 1991, 311)

      NRS 213.1511  Inquiry to determine probable cause to believe violation occurred: Inquiring officer; place and time of inquiry; oaths.

      1.  Before a parolee who has been arrested and is in custody for a violation of his or her parole may be returned to the custody of the Department of Corrections for that violation, an inquiry must be conducted to determine whether there is probable cause to believe that the parolee has committed acts that would constitute such a violation.

      2.  The inquiry must be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of the violation; and

      (c) Has not recommended revocation of the parole,

Ê but the inquiring officer need not be a judicial officer.

      3.  Except in a case where the parolee is a fugitive, the inquiry must be held at or reasonably near the place of the alleged violation or the arrest and within 15 working days after the arrest.

      4.  Any conviction for violating a federal or state law or a local ordinance, except a minor traffic offense, which is committed while the prisoner is on parole constitutes probable cause for the purposes of subsection 1 and the inquiry required therein need not be held.

      5.  For the purposes of this section, the inquiring officer may administer oaths.

      (Added to NRS by 1975, 196; A 1979, 169; 1983, 269, 726; 1993, 2885; 2001 Special Session, 203)

      NRS 213.1513  Inquiry to determine probable cause to believe violation occurred: Notice to parolee; rights of parolee.

      1.  The Board or detaining authority shall give the arrested parolee advance notice of:

      (a) The place and time of the inquiry.

      (b) The purpose of the inquiry.

      (c) What violations of the conditions of his or her parole have been alleged.

      2.  The inquiring officer shall allow the parolee to:

      (a) Appear and speak on his or her own behalf.

      (b) Obtain counsel.

      (c) Present any relevant letters or other documents and any person who can give relevant information.

      (d) Confront and question any person who appears against the parolee unless, in the opinion of the inquiring officer, the informant would be subjected to a risk of harm by the disclosure of his or her identity.

      (Added to NRS by 1975, 196; A 1983, 269)

      NRS 213.1515  Inquiry to determine probable cause to believe violation occurred: Findings and determinations of inquiring officer; continued detention of parolee.

      1.  Upon completion of the inquiry, the inquiring officer shall:

      (a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given in support of parole revocation and the parolee’s position and responses.

      (b) Determine whether there is probable cause to hold the parolee for a Board hearing on parole revocation.

      2.  If the inquiring officer determines that there is probable cause, his or her determination is sufficient to warrant the parolee’s continued detention and return to prison pending the Board’s hearing.

      (Added to NRS by 1975, 197; A 1983, 727)

      NRS 213.1517  Actions by Chief and Board after determination of existence of probable cause to continue detention of paroled prisoner.

      1.  Where the inquiring officer has determined that there is probable cause for a hearing by the Board, the Chief may, after consideration of the case and pending the next meeting of the Board:

      (a) Release the arrested parolee again upon parole;

      (b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or

      (c) Suspend his or her parole and return the parolee to confinement.

      2.  The Chief shall take whichever action under subsection 1 the Chief deems appropriate within:

      (a) Fifteen days if the prisoner was paroled by the Board.

      (b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.215. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.

      3.  Except as otherwise provided in subsection 4, if a determination has been made that probable cause exists for the continued detention of a paroled prisoner, the Board shall consider the prisoner’s case within 60 days after his or her return to the custody of the Department of Corrections or his or her placement in residential confinement pursuant to subsection 1.

      4.  If probable cause for continued detention of a paroled prisoner is based on conduct which is the subject of a new criminal charge, the Board may consider the prisoner’s case under the provisions of subsection 3 or defer consideration until not more than 60 days after his or her return to the custody of the Department of Corrections following the final adjudication of the new criminal charge.

      (Added to NRS by 1975, 197; A 1981, 480; 1983, 270; 1991, 313; 1993, 50; 1995, 640; 2001, 2370; 2001 Special Session, 204; 2003, 427)

      NRS 213.1518  Effect of violation of condition of parole, forfeiture and restoration of credits for good behavior.

      1.  If a parolee violates a condition of his or her parole, the parolee forfeits all or part of the credits for good behavior earned by the parolee pursuant to chapter 209 of NRS after his or her release on parole, in the discretion of the Board.

      2.  A forfeiture may be made only by the Board after proof of the violation and notice to the parolee.

      3.  The Board may restore credits forfeited for such reasons as it considers proper.

      4.  The Chief shall report to the Director of the Department of Corrections any forfeiture or restoration of credits pursuant to this section.

      (Added to NRS by 1991, 1411; A 2001 Special Session, 204; 2003, 408; 2007, 69)

      NRS 213.15185  When paroled prisoner deemed escaped prisoner; loss of credits for good behavior; service of unexpired term of imprisonment. [Effective through June 30, 2014.]

      1.  A prisoner who is paroled and leaves the State without permission from the Board or who does not keep the Board informed as to his or her location as required by the conditions of his or her parole shall be deemed an escaped prisoner and arrested as such.

      2.  Except as otherwise provided in subsection 2 of NRS 213.1519, if parole is lawfully revoked and the parolee is thereafter returned to prison, the parolee forfeits all previously earned credits for good behavior earned to reduce his or her sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired maximum term of his or her original sentence as may be determined by the Board.

      3.  Except as otherwise provided in subsection 2 of NRS 213.1519, the Board may restore any credits forfeited pursuant to subsection 2.

      4.  Except as otherwise provided in NRS 213.15187, the time a person is an escaped prisoner is not time served on his or her term of imprisonment.

      [Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1973, 66; 1977, 263; 1979, 170; 1983, 727; 1987, 947; 1995, 1262; 1999, 24; 2007, 70)

      NRS 213.15185  When paroled prisoner deemed escaped prisoner; loss of credits for good behavior; service of unexpired term of imprisonment. [Effective July 1, 2014.]

      1.  A prisoner who is paroled and leaves the State without permission from the Board or who does not keep the Board informed as to his or her location as required by the conditions of his or her parole shall be deemed an escaped prisoner and arrested as such.

      2.  Except as otherwise provided in subsection 2 of NRS 213.1519, if parole is lawfully revoked and the parolee is thereafter returned to prison, the parolee forfeits all previously earned credits for good behavior earned to reduce his or her sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board.

      3.  Except as otherwise provided in subsection 2 of NRS 213.1519, the Board may restore any credits forfeited pursuant to subsection 2.

      4.  Except as otherwise provided in NRS 213.15187, the time a person is an escaped prisoner is not time served on his or her term of imprisonment.

      [Part 13:149:1933; 1931 NCL § 11581]—(NRS A 1973, 66; 1977, 263; 1979, 170; 1983, 727; 1987, 947; 1995, 1262; 1999, 24; 2007, 70; 2013, 232, effective July 1, 2014)

      NRS 213.15187  Conviction and incarceration of paroled prisoner in other jurisdiction; revocation or continuation of parole.

      1.  Except as otherwise provided in subsection 2, if a prisoner who is paroled by this state is convicted of and incarcerated for a new crime in a jurisdiction outside of this state, the time during which the prisoner is incarcerated in the other jurisdiction is not time served on his or her term of imprisonment in this state.

      2.  The Board may:

      (a) Revoke the parole of a prisoner described in subsection 1 immediately and allow the time during which the prisoner is incarcerated in the other jurisdiction to be time served on his or her term of imprisonment in this state;

      (b) Revoke the parole of a prisoner described in subsection 1 at a later date that the Board specifies and allow the time during which the prisoner is incarcerated in the other jurisdiction after the date on which the parole is revoked to be time served on his or her term of imprisonment in this state;

      (c) Continue the parole of a prisoner described in subsection 1 immediately and allow the parole of the prisoner to run concurrently with the time served in the other jurisdiction; or

      (d) Continue the parole of a prisoner described in subsection 1 at a later date that the Board specifies and allow the parole of the prisoner to run concurrently with the time served in the other jurisdiction after the date on which the parole is continued.

      (Added to NRS by 1999, 23)

      NRS 213.1519  Effect of parole revocation. [Effective through June 30, 2014.]

      1.  Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:

      (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and

      (b) Must serve such part of the unexpired maximum term of his or her original sentence as may be determined by the Board.

Ê The Board may restore any credits forfeited under this subsection.

      2.  A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for having been convicted of a new felony:

      (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;

      (b) Must serve the entire unexpired maximum term of his or her original sentence; and

      (c) May not again be released on parole during his or her term of imprisonment.

      (Added to NRS by 1975, 197; A 1987, 947; 1991, 1411; 1995, 1260; 2003, 428; 2007, 70)

      NRS 213.1519  Effect of parole revocation. [Effective July 1, 2014.]

      1.  Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:

      (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and

      (b) Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.

Ê The Board may restore any credits forfeited under this subsection.

      2.  A parolee released on parole pursuant to subsection 1 of NRS 213.1215 whose parole is revoked for having been convicted of a new felony:

      (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;

      (b) Must serve the entire unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence; and

      (c) May not again be released on parole during his or her term of imprisonment.

      3.  A parolee released on parole pursuant to subsection 2 of NRS 213.1215 whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:

      (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;

      (b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board; and

      (c) Must not be considered again for release on parole pursuant to subsection 2 of NRS 213.1215 but may be considered for release on parole pursuant to NRS 213.1099, with rehearing dates scheduled pursuant to NRS 213.142.

Ê The Board may restore any credits forfeited under this subsection.

      (Added to NRS by 1975, 197; A 1987, 947; 1991, 1411; 1995, 1260; 2003, 428; 2007, 70; 2013, 233, effective July 1, 2014)

      NRS 213.15193  Residential confinement of alleged violator of parole: Requirements; electronic supervision.

      1.  Except as otherwise provided in subsection 6, the Chief may order the residential confinement of a parolee if the Chief believes that the parolee does not pose a danger to the community and will appear at a scheduled inquiry or hearing.

      2.  In ordering the residential confinement of a parolee, the Chief shall:

      (a) Require the parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and

      (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be to determine whether the parolee is complying with the terms of his or her confinement.

      3.  An electronic device approved by the Division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his or her residence, including, without limitation, the transmission of still visual images which do not concern the activities of the parolee while inside his or her residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the parolee while inside his or her residence,

Ê must not be used.

      4.  The Chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence of the parolee.

      6.  The Chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the Chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

      (Added to NRS by 1991, 311; A 1993, 1528; 1995, 579, 1261; 1997, 1816; 2001 Special Session, 139)

      NRS 213.15195  Residential confinement of alleged violator of parole: Terms and conditions; notification of parolee.

      1.  In ordering a parolee to be placed in residential confinement, the Chief Parole and Probation Officer may establish the terms and conditions of that confinement.

      2.  The Chief Parole and Probation Officer may, at any time, modify the terms and conditions of the residential confinement.

      3.  The Chief Parole and Probation Officer shall cause a copy of his or her order to be delivered to the parolee.

      (Added to NRS by 1991, 312)

      NRS 213.15198  Residential confinement of alleged violator of parole: Termination by Chief Parole and Probation Officer.

      1.  The Chief Parole and Probation Officer may terminate the residential confinement of a parolee and order the detention of the parolee in a county jail pending an inquiry or hearing if:

      (a) The parolee violates the terms or conditions of his or her residential confinement; or

      (b) The Chief Parole and Probation Officer, in his or her discretion, determines that the parolee poses a danger to the community or that there is a reasonable doubt that the parolee will appear at the inquiry or hearing.

      2.  A parolee has no right to dispute a decision to terminate his or her residential confinement.

      (Added to NRS by 1991, 312)

      NRS 213.152  Residential confinement of violator of parole: Authority of Board; confinement to residence, facility or institution of Department of Corrections; requirements; electronic supervision.

      1.  Except as otherwise provided in subsection 7, if a parolee violates a condition of his or her parole, the Board may order the parolee to a term of residential confinement in lieu of suspending his or her parole and returning the parolee to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.

      2.  In ordering the parolee to a term of residential confinement, the Board shall:

      (a) Require:

             (1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and

             (2) Intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be in order to determine whether the parolee is complying with the terms of his or her confinement; or

      (b) Require the parolee to be confined to a facility or institution of the Department of Corrections for a period not to exceed 6 months. The Department may select the facility or institution in which to place the parolee.

      3.  An electronic device approved by the Division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his or her residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his or her residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the parolee while inside his or her residence,

Ê must not be used.

      4.  A parolee who is confined to a facility or institution of the Department of Corrections pursuant to paragraph (b) of subsection 2:

      (a) May earn credits to reduce his or her sentence pursuant to chapter 209 of NRS; and

      (b) Shall not be deemed to be released on parole for purposes of NRS 209.447 or 209.4475 during the period of that confinement.

      5.  The Board shall not order a parolee to a term of residential confinement unless the parolee agrees to the order.

      6.  A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.

      7.  The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

      8.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      (Added to NRS by 1987, 2232; A 1991, 58; 1993, 1529; 1995, 1261; 1997, 1817; 2001 Special Session, 139; 2007, 3183; 2009, 2511)

      NRS 213.1524  Residential confinement of violator of parole: Terms and conditions; notification of parolee.

      1.  In ordering a parolee to a term of residential confinement, the Board may establish the terms and conditions of that confinement.

      2.  The Board may, at any time, modify the terms and conditions of the residential confinement.

      3.  The Board shall cause a copy of its order to be delivered to the parolee.

      (Added to NRS by 1987, 2232)

      NRS 213.1526  Residential confinement of violator of parole: Violation of term or condition.  If it is determined that the parolee violated any term or condition of his or her residential confinement, the order may be rescinded, modified or continued, and his or her parole may be revoked.

      (Added to NRS by 1987, 2233)

      NRS 213.1528  Residential confinement of violator of parole: Program of supervision.  The Board shall establish procedures to administer a program of supervision for parolees who are ordered to a term of residential confinement pursuant to NRS 213.152.

      (Added to NRS by 1987, 2233)

      NRS 213.153  Payment of expenses of returning person for violating parole; restitution for expenses incurred in return.

      1.  The necessary expenses of returning to the State Board of Parole Commissioners a person arrested for violation of parole are a charge against the State and must be paid from money appropriated to the Division. After the appropriation for this purpose is exhausted, money must be allocated to the Division out of the Reserve for Statutory Contingency Account, upon approval by the State Board of Examiners, for the payment of these expenses.

      2.  Upon determining that a parolee has violated a condition of his or her parole, the Board shall, if practicable, order the parolee to make restitution for any necessary expenses incurred by a governmental entity in returning the parolee to the Board for violation of his or her parole.

      (Added to NRS by 1959, 799; A 1969, 640; 1973, 170; 1983, 237; 1991, 1755; 1993, 937, 1529; 1995, 551)

Discharge From Parole

      NRS 213.154  Division to issue honorable or dishonorable discharge to parolee whose term of sentence has expired; unpaid restitution constitutes civil liability.

      1.  The Division shall issue an honorable discharge to a parolee whose term of sentence has expired if the parolee has:

      (a) Fulfilled the conditions of his or her parole for the entire period of his or her parole; or

      (b) Demonstrated his or her fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court.

      2.  The Division shall issue a dishonorable discharge to a parolee whose term of sentence has expired if:

      (a) The whereabouts of the parolee are unknown;

      (b) The parolee has failed to make full restitution as ordered by the court, without a verified showing of economic hardship; or

      (c) The parolee has otherwise failed to qualify for an honorable discharge pursuant to subsection 1.

      3.  Any amount of restitution that remains unpaid by a person after the person has been discharged from parole constitutes a civil liability as of the date of discharge.

      (Added to NRS by 1999, 68)

Civil Rights of Paroled Prisoners

      NRS 213.155  Restoration of civil rights after honorable discharge from parole; limitations.

      1.  Except as otherwise provided in subsection 2, a person who receives an honorable discharge from parole pursuant to NRS 213.154:

      (a) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (b) Four years after the date of his or her honorable discharge from parole, is restored to the right to hold office.

      (c) Six years after the date of his or her honorable discharge from parole, is restored to the right to serve as a juror in a criminal action.

      2.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has received an honorable discharge from parole if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of his or her honorable discharge from parole.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his or her honorable discharge from parole.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights as set forth in subsection 1.

      3.  Except for a person subject to the limitations set forth in subsection 2, upon his or her honorable discharge from parole, a person so discharged must be given an official document which provides:

      (a) That the person has received an honorable discharge from parole;

      (b) That the person has been restored to his or her civil rights to vote and to serve as a juror in a civil action as of the date of his or her honorable discharge from parole;

      (c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph (b) of subsection 1; and

      (d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph (c) of subsection 1.

      4.  Subject to the limitations set forth in subsection 2, a person who has been honorably discharged from parole in this State or elsewhere and whose official documentation of his or her honorable discharge from parole is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been honorably discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

      5.  A person who has been honorably discharged from parole in this State or elsewhere may present:

      (a) Official documentation of his or her honorable discharge from parole, if it contains the provisions set forth in subsection 3; or

      (b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 1.

      6.  The Board may adopt regulations necessary or convenient for the purposes of this section.

      (Added to NRS by 1959, 799; A 1973, 1845; 1977, 665; 1993, 39; 1999, 69; 2001, 1696; 2003, 2693; 2005, 2358)

      NRS 213.157  Restoration of civil rights after sentence served; limitations.

      1.  Except as otherwise provided in subsection 2, a person convicted of a felony in the State of Nevada who has served his or her sentence and has been released from prison:

      (a) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (b) Four years after the date of his or her release from prison, is restored to the right to hold office.

      (c) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.

      2.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been released from prison if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of his or her release from prison.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his or her release from prison.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights as set forth in subsection 1.

      3.  Except for a person subject to the limitations set forth in subsection 2, upon his or her release from prison, a person so released must be given an official document which provides:

      (a) That the person has been released from prison;

      (b) That the person has been restored to his or her civil rights to vote and to serve as a juror in a civil action as of the date of his or her release from prison;

      (c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph (b) of subsection 1; and

      (d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph (c) of subsection 1.

      4.  Subject to the limitations set forth in subsection 2, a person who has been released from prison in this State or elsewhere and whose official documentation of his or her release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

      5.  A person who has been released from prison in this State or elsewhere may present:

      (a) Official documentation of his or her release from prison, if it contains the provisions set forth in subsection 3; or

      (b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 1.

      (Added to NRS by 1973, 1844; A 1977, 666; 1993, 39, 1529; 1995, 508; 2001, 1697; 2003, 2695; 2005, 2359)

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

      NRS 213.215  Enactment of Compact.  The Interstate Compact for Adult Offender Supervision is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

 

ARTICLE I. PURPOSE

 

      (1) The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions.

      (2) The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

      (3) It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community, to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states, and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

      (4) In addition, this compact will create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact, ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines, establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators, monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance, and coordinate training and education regarding regulation of interstate movement of offenders for officials involved in such activity.

      (5) The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.

      (6) It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

 

ARTICLE II. DEFINITIONS

 

      As used in this compact, unless the context clearly requires a different construction:

      (1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

      (2) “Bylaws” means those bylaws established by the Interstate Commission for its governance or for directing or controlling the Interstate Commission’s actions or conduct.

      (3) “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

      (4) “Compacting state” means any state which has enacted the enabling legislation for this compact.

      (5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article IV of this compact.

      (6) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.

      (7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

      (8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.

      (9) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

      (10) “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.

      (11) “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

      (12) “State” means a state of the United States, the District of Columbia and any other territorial possession of the United States.

      (13) “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article IV of this compact.

 

ARTICLE III. THE COMPACT COMMISSION

 

      (1) The compacting states hereby create the “Interstate Commission for Adult Offender Supervision.” The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

      (2) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

      (3) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

      (4) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.

      (5) The Interstate Commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and Interstate Commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the Interstate Commission and performs other duties as directed by the Interstate Commission or set forth in the bylaws.

 

ARTICLE IV. THE STATE COUNCIL

 

      (1) The Nevada State Council for Interstate Adult Offender Supervision is hereby created. The Nevada State Council for Interstate Adult Offender Supervision consists of the following seven members:

      (a) The compact administrator, appointed by the governor, who shall serve as chairperson and as commissioner to the Interstate Commission for this state;

      (b) Three members appointed by the governor, one of whom must be a representative of an organization supporting the rights of victims of crime;

      (c) One member of the senate, appointed by the majority leader of the senate;

      (d) One member of the assembly, appointed by the speaker of the assembly; and

      (e) One member who is a district judge, appointed by the chief justice of the supreme court of Nevada.

      (2) The members of the Nevada State Council for Interstate Adult Offender Supervision serve at the pleasure of the persons who appointed them.

      (3) The legislators who are members of the Nevada State Council for Interstate Adult Offender Supervision are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Nevada State Council for Interstate Adult Offender Supervision.

      (4) While engaged in the business of the commission, each member of the Nevada State Council for Interstate Adult Offender Supervision is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (5) The Nevada State Council for Interstate Adult Offender Supervision shall develop policies concerning the operation of the compact within this state and shall exercise oversight and advocacy concerning its participation in activities of the Interstate Commission.

 

ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

 

      The Interstate Commission shall have the following powers:

      (1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.

      (2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

      (3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.

      (4) To enforce compliance with compact provisions, Interstate Commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

      (5) To establish and maintain offices.

      (6) To purchase and maintain insurance and bonds.

      (7) To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.

      (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

      (9) To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

      (10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.

      (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

      (12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

      (13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.

      (14) To sue and be sued.

      (15) To provide for dispute resolution among compacting states.

      (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

      (17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

      (18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.

      (19) To establish uniform standards for the reporting, collecting and exchanging of data.

 

ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

 

Section A. Bylaws

 

      (1) The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

      (a) Establishing the fiscal year of the Interstate Commission.

      (b) Establishing an executive committee and such other committees as may be necessary.

      (c) Providing reasonable standards and procedures for:

             (i) The establishment of committees; and

             (ii) Governing any general or specific delegation of any authority or function of the Interstate Commission.

      (d) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting.

      (e) Establishing the titles and responsibilities of the officers of the Interstate Commission.

      (f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission.

      (g) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations.

      (h) Providing transition rules for “start up” administration of the compact.

      (i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

 

Section B. Officers and Staff

 

      (2) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

      (3) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

 

Section C. Corporate Records of the Interstate Commission

 

      (4) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

 

Section D. Qualified Immunity, Defense and Indemnification

 

      (5) The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

      (6) The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

      (7) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

 

ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION

 

      (1) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.

      (2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

      (3) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

      (4) The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

      (5) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

      (6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

      (a) Relate solely to the Interstate Commission’s internal personnel practices and procedures.

      (b) Disclose matters specifically exempted from disclosure by statute.

      (c) Disclose trade secrets or commercial or financial information which is privileged or confidential.

      (d) Involve accusing any person of a crime or formally censuring any person.

      (e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

      (f) Disclose investigatory records compiled for law enforcement purposes.

      (g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity.

      (h) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity.

      (i) Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.

Ê For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.

      (7) The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

      (8) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

 

ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

 

      (1) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

      (2) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as may be amended (hereinafter “APA”).

      (3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

      (4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

      (5) When promulgating a rule, the Interstate Commission shall:

      (a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule.

      (b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available.

      (c) Provide an opportunity for an informal hearing.

      (d) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

      (6) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

      (7) Subjects to be addressed within 12 months after the first meeting must at a minimum include:

      (a) Notice to victims and opportunity to be heard.

      (b) Offender registration and compliance.

      (c) Violations/returns.

      (d) Transfer procedures and forms.

      (e) Eligibility for transfer.

      (f) Collection of restitution and fees from offenders.

      (g) Data collection and reporting.

      (h) The level of supervision to be provided by the receiving state.

      (i) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.

      (j) Mediation, arbitration and dispute resolution.

      (8) The existing rules governing the operation of the previous compact superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.

      (9) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption; provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.

 

ARTICLE IX. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

 

Section A. Oversight

 

      (1) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

      (2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

 

Section B. Dispute Resolution

 

      (3) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.

      (4) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

      (5) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

 

Section C. Enforcement

 

      (6) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, of this compact.

 

ARTICLE X. FINANCE

 

      (1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

      (2) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

      (3) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

      (4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

 

ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

 

      (1) Any state, as defined in Article II of this compact, is eligible to become a compacting state.

      (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

      (3) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

 

ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

 

Section A. Withdrawal

 

      (1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.

      (2) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.

      (3) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal.

      (4) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

 

Section B. Default

 

      (5) If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

      (a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission.

      (b) Remedial training and technical assistance as directed by the Interstate Commission.

      (c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council.

      (6) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.

      (7) Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state’s legislature and the State Council of such termination.

      (8) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.

      (9) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.

      (10) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

 

Section C. Judicial Enforcement

 

      (11) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

 

Section D. Dissolution of Compact

 

      (12) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

 

ARTICLE XIII. SEVERABILITY AND CONSTRUCTION

 

      (1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

      (2) The provisions of this compact shall be liberally construed to effectuate its purposes.

 

ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS

 

Section A. Other Laws

 

      (1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

      (2) The laws of this state, other than the constitution of the State of Nevada, that conflict with this compact are superseded to the extent of the conflict.

 

Section B. Binding Effect of the Compact

 

      (3) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

      (4) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

      (5) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

      (6) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

      (7) This state is bound by the bylaws and rules promulgated under this compact only to the extent that the operation of the bylaws and rules does not impose an obligation exceeding any limitation on state power or authority contained in the constitution of the State of Nevada as interpreted by the courts of this state.

      (Added to NRS by 2001, 2356)

PROGRAM FOR WORK RELEASE

      NRS 213.291  Definitions.  As used in NRS 213.291 to 213.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 213.293, 213.294 and 213.297 have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 2581)

      NRS 213.293  “Department” defined.  “Department” means the Department of Corrections.

      (Added to NRS by 2003, 2581)

      NRS 213.294  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2003, 2581)

      NRS 213.297  “Program” defined.  “Program” means a program of work release that is established by the Department pursuant to NRS 213.300.

      (Added to NRS by 2003, 2581)

      NRS 213.300  Establishment of program.

      1.  The Department of Corrections may establish and administer a program of work release under which a person sentenced to a term of imprisonment in an institution of the Department may be granted the privilege of leaving secure custody during necessary and reasonable hours to:

      (a) Work in this state at gainful private employment that has been approved by the Director for that purpose.

      (b) Obtain in this state additional education, including vocational, technical and general education.

      2.  The program may also include temporary leave for the purpose of seeking employment in this state.

      (Added to NRS by 1977, 291, 854; A 1983, 323; 2001 Special Session, 204; 2003, 2582)

      NRS 213.310  Selection and referral of offenders for enrollment in program.

      1.  If a program is established by the Department pursuant to NRS 213.300, the Director shall, by appropriate means of classification and selection, determine which of the offenders, during the last 6 months’ confinement, are suitable for the program, excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.

      2.  The Director shall then select the names of those offenders the Director determines to be eligible for the program, and the Director shall refer the names of those offenders to the Chair of the State Board of Parole Commissioners for release into the program and, if appropriate, for residential confinement or other appropriate supervision as determined by the Division of Parole and Probation of the Department of Public Safety.

      (Added to NRS by 1977, 854; A 1983, 323; 2001 Special Session, 205; 2003, 2583)

      NRS 213.315  Eligibility of illiterate offenders, offenders whose native language is not English and offenders with developmental, learning and other disabilities.

      1.  Except as otherwise provided in this section, an offender who is illiterate is not eligible to participate in a program unless:

      (a) The offender is regularly attending and making satisfactory progress in a program for general education; or

      (b) The Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.

      2.  An offender whose:

      (a) Native language is not English;

      (b) Ability to read and write in his or her native language is at or above the level of literacy designated by the Board of State Prison Commissioners in its regulations; and

      (c) Ability to read and write the English language is below the level of literacy designated by the Board of State Prison Commissioners in its regulations,

Ê may not be assigned to an industrial or a vocational program unless the offender is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.

      3.  Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his or her ability to learn, the Director may:

      (a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his or her particular needs; or

      (b) Exempt the offender from the required participation in an educational program prescribed by this section.

      4.  The provisions of this section do not apply to an offender who:

      (a) Presents satisfactory evidence that the offender has:

             (1) A high school diploma; or

             (2) A general educational development certificate or an equivalent document; or

      (b) Is admitted into a program for the purpose of obtaining additional education in this state.

      5.  As used in this section, “illiterate” means having an ability to read and write that is below the level of literacy designated by the Board of State Prison Commissioners in its regulations.

      (Added to NRS by 1993, 2519; A 2001 Special Session, 205; 2003, 1370, 2583; 2013, 3290)

      NRS 213.320  Administration of program; duties of Director.

      1.  If a program is established by the Department pursuant to NRS 213.300, the Director shall administer the program and shall:

      (a) Refer offenders to employers who offer employment or to employment agencies that locate employment for qualified applicants;

      (b) Effect placement of offenders under the program; and

      (c) Generally promote public understanding and acceptance of the program.

      2.  All state agencies shall cooperate with the Director in carrying out this section to such extent as is consistent with their other lawful duties.

      3.  The Director shall adopt rules for administering the program.

      (Added to NRS by 1977, 291, 855; A 1983, 324; 2001 Special Session, 205; 2003, 2584)

      NRS 213.330  Disposition of salaries and wages of offender.

      1.  The salaries or wages of an offender employed pursuant to the program must be disbursed in the following order:

      (a) To pay any costs associated with the offender’s participation in the program, to the extent of his or her ability to pay.

      (b) To allow the offender necessary travel expense to and from work and his or her other incidental expenses.

      (c) To support the offender’s dependents.

      (d) To pay, either in full or ratably, the offender’s obligations which have been acknowledged by the offender in writing or which have been reduced to judgment.

      2.  Any balance of an offender’s wages remaining after all disbursements have been made pursuant to subsection 1 must be paid to the offender upon his or her release from custody.

      (Added to NRS by 1977, 855; A 2003, 2584)

      NRS 213.350  Enrollees not agents or employees of State; status.

      1.  An offender enrolled in the program is not an agent, employee or servant of the Department while the offender is:

      (a) Working in the program or seeking such employment; or

      (b) Going to such employment.

      2.  An offender enrolled in the program is considered to be an offender in an institution of the Department.

      (Added to NRS by 1977, 855; A 1983, 324; 2001 Special Session, 206; 2003, 2584)

      NRS 213.360  Termination of enrollment; unauthorized absence constitutes escape.

      1.  The Director may immediately terminate any offender’s enrollment in the program and transfer the offender to an institution of the Department if, in the Director’s judgment, the best interests of the State or the offender require such action.

      2.  If an offender enrolled in the program is absent from his or her place of employment without a reason acceptable to the Director, the offender’s absence:

      (a) Immediately terminates his or her enrollment in the program.

      (b) Constitutes an escape from prison, and the offender shall be punished as provided in NRS 212.090.

      (Added to NRS by 1977, 855; A 1983, 325; 2001 Special Session, 206; 2003, 2584)

RESIDENTIAL CONFINEMENT OF OFFENDERS

      NRS 213.371  Definitions.  As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:

      1.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      2.  “Offender” means a prisoner assigned to the custody of the Division pursuant to NRS 209.392, 209.3925 or 209.429.

      3.  “Residential confinement” means the confinement of an offender to his or her place of residence under the terms and conditions established by the Division.

      (Added to NRS by 1991, 783; A 1993, 1530; 1995, 959, 1361, 2388; 1997, 2413; 2001, 2591)

      NRS 213.375  Determination of eligibility for residential confinement after determining that offender is abuser of alcohol or drugs.  Upon the determination, pursuant to NRS 484C.300 or 488.430, that an offender is an abuser of alcohol or drugs and that the offender can be treated successfully for his or her condition, the Division shall determine, to the extent possible:

      1.  If the offender is otherwise eligible for residential confinement pursuant to NRS 213.371 to 213.410, inclusive, upon the successful completion of the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425; and

      2.  If the offender is eligible, the likelihood that the offender will be able to:

      (a) Comply with the terms and conditions of residential confinement established by the Division; and

      (b) Complete successfully the program of treatment established pursuant to NRS 209.425 while in residential confinement.

      (Added to NRS by 1995, 959; A 2013, 194)

      NRS 213.380  Division to establish procedures for and conditions of residential confinement; use of electronic device.

      1.  The Division shall establish procedures for the residential confinement of offenders.

      2.  The Division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the Division shall:

      (a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community, unless the offender is assigned to the custody of the Division pursuant to NRS 209.3925;

      (b) Require the offender to be confined to his or her residence during the time the offender is not:

             (1) Engaged in employment or an activity listed in paragraph (a) that is authorized by the Division;

             (2) Receiving medical treatment that is authorized by the Division; or

             (3) Engaged in any other activity that is authorized by the Division; and

      (c) Require intensive supervision of the offender, including unannounced visits to his or her residence or other locations where the offender is expected to be in order to determine whether the offender is complying with the terms and conditions of his or her confinement.

      3.  An electronic device approved by the Division may be used to supervise an offender if it is minimally intrusive and limited in capability to recording or transmitting information concerning the offender’s presence at his or her residence, including, but not limited to, the transmission of still visual images which do not concern the offender’s activities while inside his or her residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the offender’s activities while inside his or her residence,

Ê must not be used.

      (Added to NRS by 1991, 783; A 1993, 1530; 1997, 2413)

      NRS 213.390  Duties of Chief Parole and Probation Officer.  The Chief Parole and Probation Officer shall:

      1.  Furnish to an offender a written statement of the terms and conditions of his or her residential confinement;

      2.  Instruct the offender regarding those terms and conditions; and

      3.  Advise the Director of the Department of Corrections of any violation of those terms and conditions and of the escape of the offender.

      (Added to NRS by 1991, 783; A 2001 Special Session, 206)

      NRS 213.400  Effect of absence of offender from residence, employment, treatment or other authorized activity.

      1.  If an offender is absent, without authorization, from his or her residence, employment, treatment, including, but not limited to, medical treatment, or any other activity authorized by the Division, the offender shall be deemed an escaped prisoner and shall be punished as provided in NRS 212.090.

      2.  The Chief Parole and Probation Officer may issue a warrant for the arrest of the offender. The warrant must be executed by a peace officer in the same manner as ordinary criminal process.

      (Added to NRS by 1991, 783; A 1993, 1530; 1997, 1225, 2414; 1999, 434)

      NRS 213.410  Division to conduct inquiry regarding escape of offender from residential confinement or other violation of term or condition of residential confinement; duties of inquiring officer.

      1.  Whenever it is alleged that an offender has escaped or otherwise violated the terms or conditions of his or her residential confinement, the Division shall conduct an inquiry to determine whether the offender has committed acts that would constitute such an escape or violation.

      2.  An offender may be returned to the custody of the Department of Corrections pending the completion of the inquiry conducted by the Division pursuant to the provisions of this section.

      3.  The inquiry must be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of the escape or violation; and

      (c) Has not recommended the return of the offender to the custody of the Department of Corrections.

      4.  The inquiring officer shall:

      (a) Provide the offender with notice of the inquiry and of the acts alleged to constitute his or her escape or violation of a term or condition of his or her residential confinement, and with an opportunity to be heard on the matter.

      (b) Upon completion of the inquiry, submit to the Chief Parole and Probation Officer his or her findings and recommendation regarding the disposition of the custody of the offender.

      5.  After considering the findings and recommendation of the inquiring officer, the Chief Parole and Probation Officer shall determine the disposition of the custody of the offender. The decision of the Chief Parole and Probation Officer is final.

      6.  Before a final determination is made to return an offender to the custody of the Department of Corrections, the Division shall provide the offender with a copy of the findings of the inquiring officer.

      (Added to NRS by 1991, 784; A 1993, 51, 1531; 1995, 585; 2001 Special Session, 206)

PROGRAMS OF REENTRY INTO COMMUNITY

      NRS 213.600  Definitions.  As used in NRS 213.600 to 213.635, inclusive, unless the context otherwise requires, the words and terms defined in NRS 213.605 to 213.620, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1165; A 2003, 2585)

      NRS 213.605  “Board” defined.  “Board” means the State Board of Parole Commissioners.

      (Added to NRS by 2001, 1165)

      NRS 213.607  “Correctional program” defined.  “Correctional program” means a program for reentry of offenders and parolees into the community that is established by the Director pursuant to NRS 209.4887.

      (Added to NRS by 2003, 2581)

      NRS 213.609  “Director” defined.  “Director” means the Director of the Department of Corrections.

      (Added to NRS by 2003, 2581)

      NRS 213.610  “Division” defined.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      (Added to NRS by 2001, 1165)

      NRS 213.615  “Judicial program” defined.  “Judicial program” means a program for reentry of prisoners and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.

      (Added to NRS by 2001, 1165; A 2003, 2585)

      NRS 213.620  “Reentry court” defined.  “Reentry court” means the court in a judicial district that has established a judicial program.

      (Added to NRS by 2001, 1165; A 2003, 2585)

      NRS 213.625  Judicial program: Referral of offender to reentry court; requirement of participating in program as condition of parole; powers and duties of Board. [Effective through June 30, 2014.]

      1.  Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which a prisoner or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the reentry court if the Chair believes that the person:

      (a) Would participate successfully in and benefit from a judicial program; and

      (b) Has demonstrated a willingness to:

             (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

             (2) Meet any existing obligation for restitution to any victim of his or her crime.

      2.  Except as otherwise provided in this section, if the Chair is notified by the reentry court pursuant to NRS 209.4883 that a person should be ordered to participate in a judicial program, the Board may, in accordance with the provisions of this section:

      (a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the judicial program; or

      (b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the judicial program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.

      3.  If a prisoner who has been assigned to the custody of the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered for parole:

      (a) The Board shall, if the Board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the judicial program.

      (b) The Board is not required to refer the prisoner to the reentry court pursuant to subsection 1 or to obtain prior approval of the reentry court pursuant to NRS 209.4883 for the prisoner to continue participating in the judicial program while the prisoner is on parole.

      4.  In determining whether to order a person to participate in and complete a judicial program pursuant to this section, the Board shall consider:

      (a) The criminal history of the person; and

      (b) The safety of the public.

      5.  The Board shall adopt regulations requiring persons who are ordered to participate in and complete a judicial program pursuant to this section to reimburse the reentry court and the Division for the cost of their participation in a judicial program, to the extent of their ability to pay.

      6.  The Board shall not order a person to participate in a judicial program if the time required to complete the judicial program is longer than the unexpired maximum term of the person’s original sentence.

      (Added to NRS by 2001, 1165; A 2003, 2585)

      NRS 213.625  Judicial program: Referral of offender to reentry court; requirement of participating in program as condition of parole; powers and duties of Board. [Effective July 1, 2014.]

      1.  Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which a prisoner or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the reentry court if the Chair believes that the person:

      (a) Would participate successfully in and benefit from a judicial program; and

      (b) Has demonstrated a willingness to:

             (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

             (2) Meet any existing obligation for restitution to any victim of his or her crime.

      2.  Except as otherwise provided in this section, if the Chair is notified by the reentry court pursuant to NRS 209.4883 that a person should be ordered to participate in a judicial program, the Board may, in accordance with the provisions of this section:

      (a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the judicial program; or

      (b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the judicial program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.

      3.  If a prisoner who has been assigned to the custody of the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered for parole:

      (a) The Board shall, if the Board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the judicial program.

      (b) The Board is not required to refer the prisoner to the reentry court pursuant to subsection 1 or to obtain prior approval of the reentry court pursuant to NRS 209.4883 for the prisoner to continue participating in the judicial program while the prisoner is on parole.

      4.  In determining whether to order a person to participate in and complete a judicial program pursuant to this section, the Board shall consider:

      (a) The criminal history of the person; and

      (b) The safety of the public.

      5.  The Board shall adopt regulations requiring persons who are ordered to participate in and complete a judicial program pursuant to this section to reimburse the reentry court and the Division for the cost of their participation in a judicial program, to the extent of their ability to pay.

      6.  The Board shall not order a person to participate in a judicial program if the time required to complete the judicial program is longer than the unexpired maximum term or the unexpired maximum aggregate term, as applicable, of the person’s original sentence.

      (Added to NRS by 2001, 1165; A 2003, 2585; 2013, 233, effective July 1, 2014)

      NRS 213.630  Effect of violation of term or condition of judicial program or parole; powers of reentry court; duties of Board.

      1.  If the reentry court determines that a parolee has violated a term or condition of his or her participation in the judicial program or a term or condition of his or her parole, the court may:

      (a) Establish and impose any appropriate sanction for the violation; and

      (b) If necessary, report the violation to the Board.

      2.  If a violation of a term or condition of parole is reported to the Board pursuant to this section, the Board shall proceed in the manner provided in this chapter for any other violation of a term or condition of parole.

      (Added to NRS by 2001, 1166; A 2003, 2586)

      NRS 213.632  Referral of prisoner or parolee to be considered for participation in correctional program; participation as condition of parole; considerations; regulations; limitations. [Effective through June 30, 2014.]

      1.  Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the Director if the Chair believes that the person:

      (a) Would participate successfully in and benefit from a correctional program; and

      (b) Has demonstrated a willingness to:

             (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

             (2) Meet any existing obligation for restitution to any victim of his or her crime.

      2.  Except as otherwise provided in this section, if the Chair is notified by the Director pursuant to NRS 209.4887 that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:

      (a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional program; or

      (b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the correctional program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.

      3.  If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to NRS 209.4888 is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that the offender continue to participate in and complete the correctional program.

      4.  In determining whether to order a person to participate in and complete a correctional program pursuant to this section, the Board shall consider:

      (a) The criminal history of the person; and

      (b) The safety of the public.

      5.  The Board shall adopt regulations requiring persons who are ordered to participate in and complete a correctional program pursuant to this section to reimburse the Department of Corrections and the Division for the cost of their participation in a correctional program, to the extent of their ability to pay.

      6.  The Board shall not order a person to participate in a correctional program if the time required to complete the correctional program is longer than the unexpired maximum term of the person’s original sentence.

      (Added to NRS by 2003, 2581)

      NRS 213.632  Referral of prisoner or parolee to be considered for participation in correctional program; participation as condition of parole; considerations; regulations; limitations. [Effective July 1, 2014.]

      1.  Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the Director if the Chair believes that the person:

      (a) Would participate successfully in and benefit from a correctional program; and

      (b) Has demonstrated a willingness to:

             (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

             (2) Meet any existing obligation for restitution to any victim of his or her crime.

      2.  Except as otherwise provided in this section, if the Chair is notified by the Director pursuant to NRS 209.4887 that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:

      (a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional program; or

      (b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the correctional program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.

      3.  If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to NRS 209.4888 is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that the offender continue to participate in and complete the correctional program.

      4.  In determining whether to order a person to participate in and complete a correctional program pursuant to this section, the Board shall consider:

      (a) The criminal history of the person; and

      (b) The safety of the public.

      5.  The Board shall adopt regulations requiring persons who are ordered to participate in and complete a correctional program pursuant to this section to reimburse the Department of Corrections and the Division for the cost of their participation in a correctional program, to the extent of their ability to pay.

      6.  The Board shall not order a person to participate in a correctional program if the time required to complete the correctional program is longer than the unexpired maximum term or the unexpired maximum aggregate term, as applicable, of the person’s original sentence.

      (Added to NRS by 2003, 2581; A 2013, 234, effective July 1, 2014)

      NRS 213.633  Violation of term or condition of correctional program or of parole to be reported to Board.

      1.  If the Director determines that a parolee has violated a term or condition of his or her participation in the correctional program or a term or condition of his or her parole, the Director shall report the violation to the Board.

      2.  If a violation of a term or condition of parole is reported to the Board pursuant to this section, the Board shall proceed in the manner provided in this chapter for any other violation of a term or condition of parole.

      (Added to NRS by 2003, 2582)

      NRS 213.635  Supervision of participant in correctional or judicial program.  The Division shall supervise each person who is participating in a correctional or judicial program pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632.

      (Added to NRS by 2001, 1166; A 2003, 2586)