Impact of a Parole Violation, Including Forfeiture

NRS 213.1518 – Overview of the Impact of a Parole Violation, Including Forfeiture and Restoration of Credits for Good Behavior

Failing to comply with the terms of your parole is a big mistake that carries significant ramifications. For example, certain privileges and progress towards completing your parole could suddenly be revoked. There is also the possibility that you could be sent back to jail or prison. A parole police officer also has the right to arrest you if there is evidence that you violated your parole.

What is “Effect of Violation of Condition of Parole” under Nevada Law?

According to NRS 213.1518, if a parolee breaks the term of a condition of his or her parole, he or she forfeits all or part of the credit for good conduct earned pursuant to chapter 209 of NRS, after being released on parole in the discretion of the Board.

What is “Forfeiture” under Nevada Law?

Forfeiture is a decision that lies solely with the Board after evidence to show violation to the conditions was made and the Parolee is notified.

What is Restoration under Nevada Law?

According to NRS 213.1518, the Board may restore forfeited credits after satisfactorily determining no evidence could prove that the Parolee violated conditions given during parole, as it considers proper.

Note that, depending on the outcome of the Board agreement about the hearing whether forfeiture or restoration, a Chief shall report to the Director of the Department of Corrections like it is here below.

4. The Chief shall report to the Director of the Department of Corrections any forfeiture or restoration of credits pursuant to this section.

What Happens If Someone Violates Their Parole in Nevada?

According to NRS 213.1519, when the Board finds that the Parolee has been in violation against the governing rules, a decision to revoke parole is made. Below is the specific statutory

1.Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:

(a)Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and

(b)Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.

The parolee may fail to become eligible again for parole if the Board decides they spend their entire remaining days in prison pursuant to NRS 213.1519. In some cases, pursuant to NRS 213.1524, the Board may let the guilty parolee remain on parole, but serve their remaining days at home in “residential confinement” under strict supervision.

What If Someone Did Not Actually Violate Their Parole?

The ultimate decision on whether a parolee actually violated the terms of their parole lies with the Board. If the Board finds that the Parolee did not violate their parole, then they may be released from custody and the parolee can resume their parole in normal order. Such instances happen where the parole officer may have misconstrued parolee’s action as an act of violation. The police would have mistaken what parole violation constitutes, pursuant to NRS 213.151.