Nev. Rev. Stat. § 213.1519

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 213.1519 - Effect of parole revocation; authorized actions when parolee commits technical violation of parole
1. Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for the commission of a violation of a condition of parole that is not a technical violation:
(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 Board may restore any credits forfeited under this subsection.

2. A parolee released on parole pursuant to subsection 1 of NRS 213.1215 whose parole is revoked for having been convicted of a new felony:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence; and
(c) May not again be released on parole during his or her term of imprisonment.
3. A parolee released on parole pursuant to subsection 2 of NRS 213.1215 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;
(b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board; and
(c) Must not be considered again for release on parole pursuant to subsection 2 of NRS 213.1215 but may be considered for release on parole pursuant to NRS 213.1099, with rehearing dates scheduled pursuant to NRS 213.142.

The Board may restore any credits forfeited under this subsection.

4. If the Board finds that the parolee committed one or more technical violations of the conditions of parole and the Division has determined that the graduated sanctions adopted pursuant to NRS 213.15101 have been exhausted, the Board may:
(a) Continue parole supervision;
(b) Temporarily revoke parole supervision and impose a term of imprisonment of not more than:
(1)

Ninety days for the first temporary parole revocation; or

(2) One hundred and eighty days for the second temporary parole revocation;
(c) Fully revoke parole supervision and impose the remainder of the sentence for a third or subsequent revocation ; or
(d) Revoke parole supervision at the request of the parolee. If parole supervision is revoked pursuant to this paragraph, the parolee 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.
5. A parolee whose parole is revoked for committing a technical violation of the conditions of parole must receive credit for any time served while the parolee is waiting for a hearing to determine if a technical violation has occurred. The Board must apply such credit to any term of imprisonment imposed pursuant to subsection 4.
6. Any time served by a parolee while waiting for a hearing, as set forth in subsection 5, and any time served in accordance with any term of imprisonment imposed pursuant to subsection 4 must be applied toward the original sentence of the parolee.
7. As used in this section

, "technical violation"

has the meaning ascribed to it in NRS 213.15101.

NRS 213.1519

Added to NRS by 1975, 197; A 1987, 947; 1991, 1411; 1995, 1260; 2003, 428; 2007, 70; 2013, 233; 2019, 4458
Amended by 2023, Ch. 250,§8, eff. 7/1/2023, app. to a technical violation of the conditions of parole that occurs on or after 7/1/2023..
Amended by 2019, Ch. 633,§101, eff. 7/1/2020.
Amended by 2013, Ch. 64,§19, eff. 7/1/2014.
Added to NRS by 1975, 197; A 1987, 947; 1991, 1411; 1995, 1260; 2003, 428; 2007, 70