Order of Discharge When Clemency is Granted

NRS 213.100 – Overview of the Order of Discharge When Clemency is Granted

Correction facilities are mandated to hold the person until otherwise directed. Other confirmations include the order of discharge once clemency has been granted by the State Board of Pardons and Commissioners. Under the Nevada statute, accused and convicted persons have the right to seek pardon and restoration of their civil rights by official application to the State Board of Pardons and Commissioners. A fee is applied upon the submission of the application.

Director of the Corrections Department

The state board of pardons may find it necessary and fair to grant pardon to an accused. According to NRS 213.100, the Director of corrections department would have to comply with the issued pardon grant and release an accused or convicted person when served with the board’s order and decision. The Director of corrections department ensures that the person either enjoys his or her civil rights as per the order or has limited civil rights, depending on the specific order.

An accused person, whether already convicted or not, is prone to discrimination and stigma. After the completion of sentence or securing pardon, the stigma is not easy to live with. A pardoned person, under NSR 213.090, may be required to present the official documentation of pardon received or the court order showing restoration of their civil rights. This works in the state jurisdiction as well as other jurisdictions. The corrections department may offer counseling to the pardoned person to help him or her cope with stigma. This decision depends on an individual case and state of the person.

According to NRS 213.100:

• A person released by the board is required to show proof of the documented pardon and civil rights.
• Correction facilities and officers should process the release of a pardoned accused or imprisoned immediately the order of discharge is received. No fee is charged upon serving the order of discharge.
• The discharged can enjoy his or her civil rights immediately after discharge, in line with NRS 231.100.
• According to NRS 213.090, the released person can have his or her citizenship restored without the need for any application to have citizenship restored.

In the case where a person received pardon and their civil rights are restricted, then they are released on condition not to violate the order issued. This is to mean that the person released has no right to bear arms unless otherwise reviewed, upon application for restoration of civil rights.

The official order issued is documented and the document issued is key for the implementation of the order by the relevant authorities. In case a person is not able to produce the order document, NSR 213.100 allows the person an opportunity to file another request with any court.

According to NSR 231.090, an applicant in the first stage of application to the State Board of Pardons and Commissioners is expected to pay a stated fee. In the second application to a court of legal jurisdiction, no fee applies for the applicant.