1. The Division shall determine whether a parolee meets the qualifications for early discharge from parole pursuant to NRS 213.1543 and, if the parolee meets such qualifications, make a written recommendation to the Board for the early discharge of the parolee from parole.2. A written recommendation for early discharge from parole made by the Division pursuant to subsection 1 must include, without limitation:(a) Verification that the parolee has served at least 12 calendar months on parole supervision in the community and is projected to have not more than 12 calendar months of community supervision remaining to serve on any sentence;(b) Verification that the Board has not found the parolee in violation of any condition of parole during the immediately preceding 12 months;(c) Verification that the parolee is current with any fee to defray the costs of his or her supervision charged by the Division pursuant to NRS 213.1076;(d) Verification that the parolee has paid restitution in full or, because of economic hardship that is verified by the Division, the parolee has been unable to make restitution as ordered by the court;(e) If applicable, verification that the parolee has completed any program of substance use treatment or mental health treatment or a specialty court program as mandated by the Board; and(f) The risk assessment level of the parolee according to the Nevada Risk Assessment System or its successor risk assessment tool.3. Upon receipt of a written recommendation for early discharge from parole made by the Division pursuant to subsection 1, the Board will consider the parolee for early discharge from parole with or without a hearing, in the discretion of the Board. The Board will not consider the parolee for early discharge from parole without a hearing if a victim of the parolee has requested notification of a hearing.4. If the Board determines that a hearing will be held to consider a parolee for early discharge from parole: (a) The Division shall, not later than 5 working days before the hearing, deliver a written hearing notification to the parolee.(b) The Board will, not later than 5 calendar days after the hearing date is scheduled, notify any victim of the parolee who has requested notification of a hearing in writing and who has provided his or her current address to or whose current address is otherwise known by the Board.(c) Any victim who is provided notification of a hearing pursuant to paragraph (b) may submit documents to the Board and may testify at the hearing. A parolee must not be considered for early discharge from parole pursuant to this section until the Board has notified any victim of his or her rights pursuant to this paragraph and the victim is given the opportunity to exercise those rights. If a current address of the victim is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.5. If a hearing is held to consider a parolee for early discharge from parole, the Board may, after the hearing, deliberate in private to consider whether to approve the early discharge from parole. Before determining whether to approve a parolee for early discharge from parole, the Board may consider, without limitation: (a) Any further potential risk posed to the community or the victims of the parolee; and(b) Whether further supervision is necessary.6. If a victim is notified of a hearing to consider a parolee for early discharge from parole pursuant to subsection 4, the Board will, upon making a final decision concerning the early discharge of the parolee from parole, notify the victim of its final decision.7. Any credits awarded by the Board to reduce a sentence pursuant to subsection 2 of NRS 213.1543 must not exceed 12 months.8. As used in this section: (a) "Board" means the State Board of Parole Commissioners.(b) "Division" means the Division of Parole and Probation of the Department of Public Safety.(c) "Victim" has the meaning ascribed to it in NRS 213.005.Nev. Admin. Code § 213.Sec. 1
Added to NAC by Bd. of Pardons Comm'rs by R118-19A, eff. 8/26/2020