Nevada Administrative Code

NAC 213.107 Availability of judicial or administrative relief. (NRS 233B.040, 233B.050) Except as otherwise provided in subsection 2 of NAC 213.055, the Board will not consider an application for clemency if other forms of judicial or administrative relief are reasonably availabl…

NAC 213.110 Commutation of sentence of life without possibility of parole. (NRS 213.085, 233B.040, 233B.050) The Board will not consider an application for the commutation of a sentence of life without the possibility of parole to life with the possibility of parole unless: 1. Th…

NAC 213.120 Death penalty. (NRS 213.085, 233B.040, 233B.050) 1. Except as otherwise provided in subsection 2 of NAC 213.055, the Board will not consider an application for a pardon or the commutation of a punishment submitted by a person sentenced to the death penalty unless the …

NAC 213.125 Requirements for reapplication. (NRS 233B.040, 233B.050) Any person whose application for clemency has been considered by the Board and who has been denied favorable action by the Board may not reapply for clemency unless: 1. The person shows a substantial change of c…

NAC 213.183 Recommendation of Director to accompany application; approval of Secretary. (NRS 213.017, 233B.040, 233B.050) 1. The application of an inmate who is selected for consideration by the Board must be accompanied by a recommendation by the Director of the Department to th…

NAC 213.185 Notice to certain persons of meeting to consider application; request for recommendations. (NRS 213.020, 213.040, 233B.040, 233B.050) Notice served pursuant to NRS 213.020 must include: 1. An offer to the district judge who adjudicated the case involving the applicant…

NAC 213.187 Notice to victim of meeting for consideration of clemency. (NRS 213.010, 213.017, 233B.040, 233B.050) If an application for clemency is selected for the consideration of the Board at a meeting, the Secretary shall, in accordance with NRS 213.010, notify any victim of …

NAC 213.190 Hearings to be informal. (NRS 233B.040, 233B.050) Hearings before the Board will be informal in nature, and regular rules of evidence or other formalities do not apply. [Bd. of Pardons Comm’rs, No. 16, eff. 12-24-66; renumbered as No. 20, 11-9-68]—(NAC A by Bd. of Par…

NAC 213.200 Testimony; presence of applicant; affidavits and depositions. (NRS 233B.040, 233B.050) The Board may: 1. Require all testimony to be given under oath. 2. Require the presence of the applicant. 3. Accept for consideration any affidavits or depositions taken and certifi…

NAC 213.205 Preparation of official documents for clemency. (NRS 213.017, 233B.040, 233B.050) 1. If the Board grants clemency: (a) The Secretary shall prepare two official documents which: (1) Describe the fine, forfeiture, sentence or punishment that is the subject of the Board’…

NAC 213.220 Applicability. (NRS 213.1076) 1. Except as otherwise provided in subsection 2, the provisions of NAC 213.220 to 213.280, inclusive, apply to every person living in this State who has been: (a) Granted probation after suspension of sentence by a court of this or any ot…

NAC 213.230 Fee required; amount; exception. (NRS 213.1076) Each parolee or probationer shall, during the term of the parole or probation, pay a monthly fee of $30 to the Division of Parole and Probation of the Department of Public Safety to help defray the cost of supervision un…

NAC 213.260 Postponement of payment. (NRS 213.1076) If the Chief Parole and Probation Officer grants a waiver of immediate collection of the fees upon condition of future payment, the parolee or probationer shall pay the back fees if at any time before the end of the term of paro…

NAC 213.270 Form of payment; statement of account. (NRS 213.1076) 1. A check or money order written to pay the fee set forth in NAC 213.230 must be made payable to the “Division of Parole and Probation.” 2. A check or money order written to pay for the use of any equipment requir…

NAC 213.280 Clarification of provisions regarding payment of fee. (NRS 213.1076) A person may obtain clarification of the provisions of NAC 213.220 to 213.270, inclusive, information about waivers, or other information relating to those provisions from the Division of Parole and …

NAC 213.290 Notification; report; hearing; request to modify conditions. (NRS 213.1243) 1. At least 120 days before the first day of the month in which a sex offender who has been sentenced to a special sentence of lifetime supervision is scheduled to be released from an institut…

NAC 213.495 Definitions. (NRS 213.110) As used in NAC 213.495 to 213.565, inclusive, unless the context otherwise requires, the words and terms defined in NAC 213.500 to 213.506, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Parole Comm’…

NAC 213.500 “Board” defined. (NRS 213.110) “Board” means the State Board of Parole Commissioners. (Added to NAC by Bd. of Parole Comm’rs, 6-27-90, eff. 5-11-90; A by R018-08, 4-17-2008)

NAC 213.502 “Criminal gang” defined. (NRS 213.110) “Criminal gang” has the meaning ascribed to it in NRS 213.1263. (Added to NAC by Bd. of Parole Comm’rs by R018-08, eff. 4-17-2008)

NAC 213.503 “Department” defined. (NRS 213.12155) “Department” means the Department of Corrections. (Added to NAC by Bd. of Parole Comm’rs by R066-20, eff. 11-2-2020)

NAC 213.504 “Division” defined. (NRS 213.110) “Division” means the Division of Parole and Probation of the Department of Public Safety. (Added to NAC by Bd. of Parole Comm’rs by R018-08, eff. 4-17-2008)

NAC 213.506 “Property offense” defined. (NRS 213.110) “Property offense” means an offense or attempted offense involving: 1. Securities in violation of NRS 90.650; 2. Commodities in violation of NRS 91.340; 3. Fraud in violation of NRS 119.330, 197.210, 205.365, 205.370, 205.435,…

NAC 213.512 Determination of whether to grant parole: Assignment of severity level to crime. (NRS 213.10885, 213.110, 213.140) 1. The Board will assign to each crime for which parole is being considered a severity level of “highest,” “high,” “moderate,” “low moderate” or “low.” T…

NAC 213.514 Determination of whether to grant parole: Assignment of risk level to prisoner; consideration of risk assessment. (NRS 213.10885, 213.110, 213.140) 1. The Board will assign to each prisoner who is being considered for parole a risk level of “high,” “moderate” or “low”…

NAC 213.516 Determination of whether to grant parole: Initial assessment. (NRS 213.10885, 213.110, 213.140) 1. In determining whether to grant parole to a prisoner, the Board will apply the severity level of the crime for which parole is being considered as assigned pursuant to N…

NAC 213.518 Determination of whether to grant parole: Factors for consideration by Board. (NRS 213.10885, 213.110, 213.140) 1. After establishing an initial assessment regarding whether to grant parole pursuant to NAC 213.516, the Board: (a) Will consider the initial assessment a…

NAC 213.522 Reassessment of severity level of crime. (NRS 213.10885, 213.110, 213.140) 1. If the Board denies parole, the Board will not consider a request for the Board to reassess the severity level of the crime for which parole was denied unless: (a) The Department of Correcti…

NAC 213.524 Reassessment of risk level assigned to prisoner. (NRS 213.10885, 213.110, 213.140) 1. A prisoner who wishes to request that the Board reassess the risk level assigned to the prisoner pursuant to NAC 213.514 must: (a) Mail a request for the Board to reassess the risk l…

NAC 213.526 Requests to reconsider denial of parole. (NRS 213.10885, 213.110, 213.140) 1. A prisoner who wishes to request that the Board reconsider a denial of parole, other than a request pursuant to NAC 213.522 or 213.524, must: (a) Mail the request to the State Board of Parol…

NAC 213.532 Mandatory release of certain prisoners: Prerequisites; recommendation of panel that Board grant discretionary parole instead. (NRS 213.10885, 213.110, 213.140) 1. A prisoner may not be released on mandatory parole pursuant to NRS 213.1215 unless the Board has approved…

NAC 213.533 Geriatric Parole: Form and contents of application for parole. (NRS 213.12155) 1. A prisoner applying for geriatric parole pursuant to NRS 213.12155, or any person acting on behalf of the prisoner, must submit to the Board: (a) A written application, on a form prescri…

NAC 213.5335 Geriatric Parole: Procedure upon receipt of application. (NRS 213.12155) 1. Not later than 15 days after receipt of the written application and any supporting documentation pursuant to NAC 213.533, the Board will request verification from the Department that the pris…

NAC 213.534 Notice to prisoner of meeting to consider whether to grant parole; waiver of certain rights by prisoner. (NRS 213.110, 213.140) 1. Unless a prisoner has waived the right to receive notice pursuant to subsection 5, the Board will provide to a prisoner notice of the mee…

NAC 213.536 Recommendations to improve possibility of receiving parole. (NRS 213.110, 213.140) 1. The recommendations which the Board may provide pursuant to NRS 213.131 to a prisoner to whom parole is denied to improve the possibility of receiving parole may include, without lim…

NAC 213.545 Rescission of parole before release of prisoner: Procedure; delay of release. (NRS 213.110, 213.140) 1. After the Board has granted parole to a prisoner but before the prisoner is released from prison, the Board may rescind the parole of the prisoner. 2. If the Depart…

NAC 213.550 Determination of whether to revoke parole. (NRS 213.10885, 213.110, 213.140, 213.150) In determining whether to revoke the parole of a person for a violation of his or her parole, the Board may consider whether the person has, while on parole: 1. Been convicted of any…

NAC 213.560 Use of or deviation from standards; deviation from initial assessment. (NRS 213.10885, 213.110, 213.140, 213.150) 1. The standards contained in NAC 213.512 to 213.518, inclusive, and 213.550 may be considered by the Board in determining whether to grant, deny, continu…

NAC 213.565 Delegation of certain authority of Board to panel. (NRS 213.133) When authorized pursuant to NRS 213.133, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of: 1. Two or…

NAC 213.570 “Division” defined. (NRS 213.10988) As used in NAC 213.570 to 213.630, inclusive, unless the context otherwise requires, “Division” means the Division of Parole and Probation of the Department of Public Safety. (Added to NAC by Dep’t of Parole & Probation, 4-18-90, ef…

NAC 213.580 Evaluation by Division. (NRS 213.10988) 1. Except as otherwise provided by statute or directed by the court, the Division will evaluate every person who is convicted of a felony for the purpose of enabling the Chief Parole and Probation Officer to make a recommendatio…

NAC 213.610 Considerations for recommending continuation or revocation of probation. (NRS 213.10988) In making a recommendation pursuant to NRS 176A.630 concerning the continuation or revocation of probation, the Chief Parole and Probation Officer may consider any of the followin…

NAC 213.620 Considerations regarding certification of order to arrest parolee or for recommending continuation or suspension of parole. (NRS 213.10988) 1. In determining whether to certify an order of the Board pursuant to NRS 213.151, or in making a determination pursuant to NRS…

NAC 213.630 Additional considerations; deviation from standards; approval of recommendations. (NRS 213.10988) 1. In making: (a) Any recommendation concerning the continuation or revocation of probation; or (b) Any determination described in NAC 213.620, Ê based upon any act or om…

NAC 213.640 Early discharge from parole: Written recommendation by Division; action by Board upon receipt of written recommendation; limitation on amount of credit Board may award. (NRS 213.1543) 1. The Division shall determine whether a parolee meets the qualifications for early…

NAC 213.650 Definitions. (NRS 213.625, 213.632) As used in NAC 213.650 to 213.710, inclusive, unless the context otherwise requires, the words and terms defined in NAC 213.660 to 213.690, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Par…

NAC 213.660 “Board” defined. (NRS 213.625) “Board” means the State Board of Parole Commissioners. (Added to NAC by Bd. of Parole Comm’rs by R086-01, eff. 11-29-2001)

NAC 213.670 “Division” defined. (NRS 213.625) “Division” means the Division of Parole and Probation of the Department of Public Safety. (Added to NAC by Bd. of Parole Comm’rs by R086-01, eff. 11-29-2001)