Discharge From Parole

NRS 213.154 – Civil Rights of Paroled Prisoners: Who is Entitled to Them?

The Nevada Correctional Department can choose to issue an honorable or dishonorable discharge to a parolee. A person who receives an honorable discharge from parole has the entitlement of having their civil rights restored.

What is Honorable Discharge and Dishonorable Discharge from Parole under Nevada Law?

According to NRS 213.154, honorable discharge is given to a Parolee whose term of the sentence has expired. He or she must have fulfilled the conditions of their parole for the entire period. He or she must also have proven that they meet the qualifications and are eligible for an honorable discharge.

Dishonorable discharge occurs when a Parolee has finished his or her term of sentence but has not fulfilled the required conditions. Some of the conditions include not declaring their whereabouts and failure to make full repayment as ordered by the court, without a verified show of economic hardship.

What is Restoration of Civil Rights under Nevada Law?

Restoration of Civil Rights is a process through which persons with prior felony convictions can apply to get their voting rights restored in full. They can also become eligible again to hold public office and serve on a jury.

What Exactly is Honorable Discharge under Nevada Law?

According to NRS 213.155, a person who receives an honorable discharge from parole obtains immediate restoration of his or her civil rights. As such, they have the right to vote and can serve as a juror in a civil action.

After four years of the person’s honorable discharge from parole, he or she is eligible to run and hold public office. After six years of the person’s honorable discharge from parole, he or she can serve as a juror in a criminal action.

Types of Criminal Actions that Could Prohibit a Parolee from Obtaining an Honorable Discharge under Nevada Law?

According to NRS 213.157, an honorable discharge does not apply to a Parolee who has previously been convicted of: –

1. A category A felony.
2. An offense that would constitute a category A felony and if it was committed as of the date of his or her release from prison.
3. A category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
4. An offense that would constitute a category B felony if committed as of the date of his or her release from prison
5. Two or more times of a felony

What must the Parole Division do to a Parolee Receiving an Honorable Discharge under Nevada Law?

According to NRS 213.157, having satisfied the parole division under all terms and conditions, the discharge division must issue a person, receiving an honorable discharge, with an official document. The document shows: –

1. That the person has been released from prison.
2. That the person is restored to his or her civil rights to vote and to serve as a juror in a civil action.
3. The date on which his or her civil right to hold office will be restored to the person.
4. The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person.

Can a Parolee Petition a Court to grant him or her an Honorable Discharge?

A person convicted of two or more times with a felony is not eligible for an honorable discharge. However, according to NRS 213.155, a parolee in such status may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights.

What should a Parolee do if this Document is Lost, Damaged or Destroyed under Nevada Law?

It is the obligation of a person released from prison to take care of the official document issued to them. However, if it is lost, damaged or destroyed he or she can file a written request with a court of competent jurisdiction to restore his or her civil rights. Upon verification that the person has been released from prison and is eligible for restoration of their civil rights, the court shall issue ordering the same.

What cost is incurred to replace a Lost, Damaged or Destroyed Document?

A person who receives an honorable discharge from parole is not required to make any payment to receive a replacement of an official document regarding his or her honorable discharge.

Can a Parolee from another State exercise their Civil Rights in Nevada?

Yes. A Parolee may still exercise their civil rights in Nevada even if they were convicted of a felony in another state. However, the Parolee must have attained full restoration of the civil rights under the laws of that particular state in which he or she was convicted.