Authority Vested in the Division of Parole

NRS 213.1071 – Overview of the Authority Vested in the Division of Parole and Probation of the Department of Public Safety

Public safety a key priority for law enforcement. This includes the Nevada Division of Probation and Parole. They collaborate with the courts, the local, state and federal agencies in the promotion of safety and effective offender reintegration in the community.

Members of the Division of Parole and Probation

According to NRS 213.1071, the Division of Parole and Probation consists of the Chief. With the approval of the Director of the Department of Public Safety, the chief may also create other sections as he or she deems fit. Meanwhile, Chief of the Division remains the overall Chief Parole and Probation Officer.

Powers and Duties of the Chief of Parole

According to NRS 213.1072, the Chief of Parole is responsible for overseeing and governing all the activities of the Division. This includes management of the Division. The Chief’s powers may vary.

1. He or she sets the overall standards of operation.
2. He or she is in charge of organizing the Division to ensure it is providing maximum efficiency in carrying out its duties.
3. According to NRS 213.1073, the Chief has the powers to appoint the heads of sections he or she may have created within the Division of Parole and Probation.       
4. He or she is can exercise his powers and appoint assistants and any other employee who may be required to assist in running the duties imposed by law upon the Board and the Division.

What are the Requirements of Conduct of an Employee of the Division or Board?

Employees of the division of parole and probation are required to exercise professionalism when executing their respective duties. While they have the privilege of accessing any information during the discharge of their duties, they must not be disclosed directly or indirectly to anyone other than the relevant authorities, according to NRS 213.1075.

Any such information should only reach the Board, the judge, district attorney and anyone else entitled to such. The only time information can be disclosed is through an order from Board or anyone performing duties on behalf of the Board.

How the Division Interacts and Manages Parolees and Released Offenders

According to NRS 213.1078, and under the leadership of the Chief, the Division sets out supervision levels for each parolee. This occurs every six months or more often as the need arises. The Division reviews the probationer’s level of supervision before determining any need for a change of the level of supervision.

Whether there is a need for a change of the level of supervision or not, the Division must notify the parolee immediately. It must also specify in each review the reasons for maintaining or changing the level of supervision.

The above does not apply to a probationer whose level of supervision for is set by the court or by law. It neither applies if the probationer has an order to take part in a program of probation secured by a security bond under NRS 176A.300

The Cost of Supervision Falls on the Parolee

According to NRS 213.1076, each parolee, probationer or person supervised by the Division through residential confinement is charged a certain fee. This fee covers the cost of his or her supervision. The Division adopts a regulated schedule of fees and the regulation must provide for a monthly fee of at least $30.

Nonetheless, the Chief has the power to waive the fee either in part or in whole but only if there is a determination that payment of such a fee would create an economic hardship on the parolee.

Overview of Parolee Reporting

The Chief exclusively runs the affairs of the Division of Parole and Probation and may carry out appointments where necessary.

However, according to NRS 213.1079, the Division is at liberty of establishing additional independent reporting facilities aimed at providing certain daily services to any parolee. Some of these services include counseling, health care services and assistance with obtaining employment.

Can the Chief Contract External Services in addition to what the Division already has?

Yes. This is according to NRS 213.1079.  The Chief of Parole has the powers to contract for any services necessary and which would benefit the Probationer. When necessary, a probationer or a Parolee may be given an immediate sanction to attend such an independent reporting facility for whatever service. Meanwhile, the Division may adopt any regulations necessary to carry out its mandate.

Can the Division enter into any Contractual Agreements with the Federal Government?

Yes. The Division may secure such contracts and agreements with the Federal Government if it finds it beneficial in administering its activities.