Nev. Admin. Code § 213.518

Current through April 30, 2024

Section 213.518 - Determination of whether to grant parole: Consideration of additional aggravating and mitigating factors

1. After establishing an initial assessment regarding whether to grant parole pursuant to NAC 213.516, the Board:

(a) Will consider the initial assessment and the factors set forth in NRS 213.10885 and 213.1099; and

(b) May consider the relevant aggravating and mitigating factors set forth in subsections 2 and 3, respectively, to determine whether to grant parole to a prisoner.

2. The aggravating factors which the Board may consider in determining whether to grant parole to a prisoner include, without limitation:

(a) Whether a prior prison term served by the prisoner did not deter subsequent criminal activity;

(b) Whether the prisoner has previously been convicted of or adjudicated delinquent for a sexual offense;

(c) Whether the prisoner has previously been convicted of or adjudicated delinquent for a violent offense;

(d) Whether the prisoner has engaged in repetitive similar criminal conduct;

(e) Whether the prisoner has a significant prior criminal history;

(f) Whether the prisoner has engaged in disruptive institutional behavior;

(g) Whether the results of any assessment of the prisoner conducted pursuant to NRS 213.1214 indicate a high risk that the prisoner will reoffend in a sexual manner;

(h) Whether the prisoner has multiple prior probation or parole revocations;

(i) Whether the nature of the criminal record of the prisoner is increasingly more serious;

(j) Whether, in committing the crime for which parole is being considered, the prisoner targeted a child under the age of 18 years or a person who is vulnerable because of his or her age or disability;

(k) The impact on the community and each victim of the crime for which parole is being considered if the prisoner is released on parole;

(l) The extreme or abnormal aspects of the crime for which parole is being considered;

(m) Whether the prisoner refused to participate in or was terminated for cause from any treatment;

(n) Whether the prisoner has been removed from a correctional program for reentry or a program of work release during the period of his or her current incarceration;

(o) Whether the prisoner has committed a crime while incarcerated, during any period of release from confinement on bail, during any period of escape from an institution or facility, while eluding capture or while on probation or parole;

(p) Whether the prisoner has been confined in disciplinary segregation at any time during the 24 months immediately preceding the month in which the parole hearing takes place; and

(q) Any other factor which indicates an increased risk that the release of the prisoner on parole would be dangerous to society or the prisoner.

3. The mitigating factors which the Board may consider to determine whether to grant parole to a prisoner include, without limitation:

(a) Whether the prisoner has no prior history, or a minimal history, of criminal convictions or delinquency adjudications;

(b) Whether the prisoner has not had any infractions of the rules of the institution or facility in which he or she has been incarcerated and has not been confined in disciplinary segregation at any time during the 24 months immediately preceding the month in which the parole hearing takes place;

(c) Whether the prisoner has participated in programs specific to addressing the behaviors of the prisoner that led to his or her incarceration;

(d) Whether the prisoner has adjusted positively to a correctional program for reentry or a program of work release during the period of his or her current incarceration;

(e) Whether the prisoner previously completed probation or parole supervision successfully, other than summary or court-based supervision;

(f) Whether a stable release plan exists for the prisoner;

(g) Whether another jurisdiction has lodged a detainer against the prisoner;

(h) Whether a consecutive sentence is pending against the prisoner;

(i) Whether the prisoner has support available to him or her in the community or from his or her family;

(j) Whether the prisoner had less involvement in the commission of the crime for which parole is being considered than other persons who participated in the commission of the crime;

(k) Whether the results of any assessment of the prisoner conducted pursuant to NRS 213.1214 indicate a low risk that the prisoner will reoffend in a sexual manner;

(l) If the prisoner has a mental illness that may be a contributing factor to criminal behavior, whether the prisoner has consistently managed the mental illness in the manner recommended by mental health professionals;

(m) Whether the case history of the prisoner demonstrates remorse by the prisoner;

(n) Whether the presentence investigation report indicates that the crime for which parole is being considered was situational and there is no evidence that the prisoner intended to cause harm;

(o)Any other factor which indicates that the release of the prisoner on parole would benefit, or would not be dangerous to, society or the prisoner.

4. As used in this section, "sexual offense" has the meaning ascribed to it in NRS 213.1214.

Nev. Admin. Code § 213.518

Added to NAC by Bd. of Parole Comm'rs by R018-08, eff. 4-17-2008; A by R115-21A, eff. 9/8/2022

NRS 213.10885