You Don_t Have a Right to Parole

NRS 213.10705 – Learn How You Don’t Actually Have a Right to Parole

Parole, probation, and residential confinement are not considered to be a legal right. This means you could be convicted and ordered to serve time in jail and never be eligible for parole.

An inmate has the following rights during their incarceration:

• Humane conditions and facilities;

• Express complaints about conditions;

• Practice religion;

• Freedom from sexual crimes;

• Medical care;

• Mental health care;

• A hearing when transferred to a mental health facility; and

• Rights under the American Disabilities Act.

You’ll notice that parole, probation, and residential confinement are not listed.

Overview of Parole

Parole is a form of “early release” from prison. For example, someone could be convicted of a crime and ordered to serve five years in jail, but are eligible for parole in three years.

Many people believe judges are empowered to decide issues related to parole. This is not accurate in most instances. There is a group of officials called a “Parole Board.” They decide who “gets” parole by considering several factors. A few are:

• How serious was his offense or crime?

• Did his sentencing judge recommend parole?

• Has he been a “good” prisoner, obeying the rules and regulations?

• Have any of his victims strongly pleaded against his parole?

• Can he reintegrate back into society successfully?

What You Must Do While on Parole

• Obey the law.

• Check in with your parole or probation officer at a set time.

• Consent to drug/alcohol tests upon request.

• Submit to random searches without a warrant. This could be of your home, vehicle, etc.

• Attend any counseling, psychiatric care, or treatment programs the court-orders.

Conditions the Board may have placed upon you may include things like:

• Stay out of certain zones and away from certain people.

• Some parolees must stay in a specific county or state.

• Pay restitutio

• Live in a halfway house.

• Be in your residence by curfew.

Violating Parole

If you are alleged to have violated parole, you will have a chance to defend yourself against the accusations at a hearing. A parole violation hearing involves the following process:

• You’ll get a written notice informing you of the violation(s) that you’ve been accused of.

• Evidence must be brought against you by the Board of parole in a hearing.

• You will be given a chance to provide your evidence, bring witnesses, and be heard yourself. You can have an experienced Las Vegas criminal defense lawyer represent you.

• You’ll have the chance to question the Board’s witnesses.

• If the Board decides in favor of revoking your parole, it must issue a written statement documenting the evidence that was presented and the reasoning behind revoking it.

Overview of NRS 213.10705

NRS 213.10705 states that in offering grace to its prisoners through allowing parole, the state is not allowing the parolees any rights to further parole or full release. This is an essential factor to consider. This means violating parole is possible, and when a violation occurs, you can lose the freedom granted through it. This means you could face the following consequences for a parole violation:

• Forfeit all or part of your credits for good behavior that would have reduced your sentence (NRS 209.451);

• Possibly be returned to prison where you may have to serve the entire maximum or maximum aggregate term of your original sentence;

• Possible placed in residential confinement under intense supervision; and

• Possibly lose your chance at ever being paroled again.