Pardons, Remissions of Fines and Commutations of Punishments

NRS 213.005 to NRS 213.100 – Summary of the Nevada State Board of Pardons Commissioners and Their Authority Over Pardons, Remissions of Fines and Commutations of Punishments

The State Board of Pardons Commissioners has a tremendous amount of authority over pardoning inmates and the restoration of their civil rights.  The authority vested in this Board is codified in Chapter 213 of the Nevada Revised Statutes.

What is the Process of Granting Pardon to a Prisoner under Nevada Law?

According to NRS 213.010, the State Board of Pardons Commissioners meets semiannually or oftener to reconsider applications for leniency made by persons convicted of a crime. 15 days before a meeting, the Board sends out a written notice to each victim of the crimes whose application for leniency will be considered. The Board may not be held responsible if the notice does not reach the recipient due to issues related to the address provided. Any information about a victim including but not limited to a current or former address is to be treated with confidentiality.

Can the Board Issue Restoration of Civil Rights Without Holding a Meeting?

Yes. According to NRS 213.035, the Board has the authority to do so by adopting a policy, which provides for an expedited process of restoring civil rights either in part or in the whole of a person who applies. However, there are certain conditions to be met which include:

• Non-objection from the court in which the judgment was reduced
• Non-objection from the district attorney of the county from where the person was sentenced
• Lack of a written request from a victim of crime to the Board for notice concerning a meeting to consider an application for forgiveness.

What Treatment is Granted to A Person with Disabilities Applying for Remission?

An applicant or a witness applying for remission and has a communications disability as described in NRS 50.050. This is according to NRS 213.055. He or she is entitled to the services of an interpreter at the hearing of their application and at public expense as provided in NRS 50.050 to 50.053. The Governor or a member of the Board designated by the Governor appoints the interpreter.

What Happens if the Board Grants Pardon to a Victim of Crime under Nevada Law?

A Board may choose to grant a pardon, a forfeiture, a fine or commutes a sentence to a victim of crime according to NRS 213.095. Whatever action it chooses to take, the Board gives written notice to the victim of the person granted leniency. The notice is sent through the person’s current address and the Board cannot be held responsible if the notice is not received by the victim.

What Civil Rights Does the Board under Nevada Law Restore to a Person Granted Pardon?

According to NRS 213.090, a person who is granted a full, unconditional pardon by the Board gets back all their civil rights which include the right to bear arms. They are relieved of all infirmities incurred upon conviction.

Nonetheless, the pardon is considered full and unconditional only if there is the issuance of an official document pursuant to subsection 3 of NRS 213.090. The document must also state that the person is restored to the right to bear arms.

Can the Board Recommend a Death Sentence or Life Imprisonment to a Victim under Nevada Law?

According to NRS 213.085, the Board within its discretion can only commute a sentence of death or imprisonment for life to a person who was less than 18 years of age when they were convicted of whatever crime.

The Board cannot commute a death sentence or life imprisonment to a person convicted if they were 18 years of age or older when they committed the crime. In this case, there is the possibility of parole.

What is the Procedure for a Commuted Death Penalty under Nevada Law?

According to NRS 213.080, if a death penalty is commuted, there must be a statement in writing showing:

• The name of the person whose punishment is commuted.
• The time and place where the person was convicted.
• The place where the substituted punishment is to be served out or suffered.
• The amount, kind and character of punishment replacing the death penalty.

An officer charged with authority by law shall have the written statement, which must also be attested with the Great Seal of this state for safekeeping and execution of the punishment.

Are Members of the Board Entitled to a Salary?

Yes. Certain members of the Board who have served for at least 4 years in the capacity of a district judge, a judge of the Court of Appeals or a justice of the Supreme Court are entitled to compensation. This is usually in the amount of 2 percent of his or her annual salary for each year of service in whatever category. A justice of the Supreme Court shall not receive compensation exceeding 22 percent of his or her annual salary for his or her service.