NRS 213.1215
Mandatory release of certain prisoners

  • exceptions.

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.

Source: Section 213.1215 — Mandatory release of certain prisoners; exceptions., https://www.­leg.­state.­nv.­us/NRS/NRS-213.­html#NRS213Sec1215.

213.110
Regulations regarding parole
213.115
Release of certain prisoners on parole at request of authorities of other jurisdictions for prosecution.
213.120
When prisoner becomes eligible for parole.
213.122
Chief to develop statewide plan for strict supervision of parolees.
213.123
Imposition of tests to determine use of controlled substance as condition of parole.
213.124
Imposition of program of intensive supervision as condition of parole
213.126
Requirement of restitution as condition of parole
213.128
Person with communications disability entitled to services of interpreter at hearing of case.
213.131
Consideration for parole: Duties of Department of Corrections
213.133
Delegation of Board’s authority to hear and act upon parole of prisoner and issues before Board
213.135
Case hearing representatives: Board may maintain list of eligible persons
213.140
Board to consider parole of eligible prisoner
213.142
Rehearing to be scheduled if parole denied.
213.1099
Limitations on Board’s power to release prisoners on parole.
213.1212
Eligibility for parole of prisoner whose sentences have been aggregated
213.1213
Eligibility for parole of prisoner sentenced to serve two or more concurrent sentences
213.1214
Evaluation of certain prisoners by Department of Corrections before parole hearing
213.1215
Mandatory release of certain prisoners
213.1216
Release of prisoner whose conduct during commission of crime satisfies requirements for enhancement for certain crimes against older persons.
213.1218
Person to submit signed document before being released on parole
213.1235
Program of aftercare following assignment to therapeutic community as condition of parole.
213.1243
Release of sex offender: Program of lifetime supervision
213.1245
Prisoner convicted of sexual offense: Mandatory conditions of parole.
213.1255
Prisoner who is Tier 3 offender convicted of sexual offense against child under 14: Additional conditions of parole required.
213.1258
Conditions relating to computers and use of Internet and other electronic means of communication
213.1263
Board may prohibit association with members of criminal gang as condition of parole.
213.12135
Eligibility for parole of prisoner sentenced as adult for offense committed when prisoner was less than 18 years of age.
213.12155
Geriatric parole: When authorized
213.12175
Board may impose any reasonable conditions on parolee to protect health, safety and welfare of community.
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.
Last Updated

Jun. 24, 2021

§ 213.1215’s source at nv​.us