Mandatory release of certain prisoners

NRS 213.1215 – Overview of Mandatory Release Policies for Certain Types of State Prisoners

The Nevada legislature enacted a set of guidelines on when it is mandatory to serve a release order for certain prisoners incarcerated in a state correctional institution.

According to NRS 213.1215, a prisoner is eligible for release if:

1. They are not expected to serve any other awaiting sentence other than that for which they are being released.
2. The prisoner has been sentenced for a jail term of 3 or more years and has not been released previously on parole for the same sentence.
3. The prisoner is not ineligible for parole.

NRS 213.1215 provides that a prisoner is eligible for release and parole if the prisoner is serving a life sentence and has eligibility for parole, having been less than 16 years old during the time he or she committed the crime for the specific sentence being served.

In this case, the prisoner must have served and completed the minimum term as directed by the court. The prisoner must also have completed general education or vocational or industrial training program.

Under the guidelines of identifying security threats, the prisoner must not appear to be a security threat or be identified as part of a group that poses as a security threat especially to the public

According to NRS 213.1215, the mandatory release of prisoners calls for a critical review of the prisoner’s behaviour, especially 24 months before consideration for release or parole.

During the preceding 24 months, the prisoner must not have:

1. Committed a major offense of the corrections department or broken prison rules and regulations
2. Been forced into disciplinary isolation
3. The prisoner must not be identified as a high-risk re-offender under NRS 123.1214. A sexual offender, in this case, must show commitment to not offend sexually again.

Consideration for Parole

In the case where the prisoner is not granted parole, they are given a hearing date by the Board according to NRS 213. 142. The board is mandated to issue the parolee with a code of conduct upon his or her release.

According to NRS 213.122, the release of sexual offenders on parole calls for the Division to closely supervise the prisoner’s conduct and behavior as directed by the Board.

When the Board finds a reasonable possibility that the parolee is a threat to the public, according to subsection 1, the board may decline to give the parole to the prisoner. The Board, in this case, shall issue an official written statement to the prisoner on the reasons for declining to give the parole. The Board could also schedule a hearing following NRS 213.142, except if otherwise provided by the law.

The prisoner may also not be released on parole in case he or she is noted as a focus in a lawful request by another legal agency, requesting that the prisoner scheduled for parole be held or released for detainment by the legal agency.

The Board is mandated to immediately release the prisoner on parole when the prisoner’s program of activities while on parole is identified and established.

According to NRS 213.1215, if the prisoner has not been paroled, calculation of the one year before the ending of a prisoner’s term is to be done without putting into consideration any credits earned by the prisoner in the bid to reduce his or her prison sentence.