Parole in Nevada

 

Parole is the early release of a prisoner who agrees to abide by specific rules set in place. Parole is considered a privilege, not a right, as they have to live up to a series of responsibilities in order to stay out of custody. If a prisoner is released on parole, they are considered a parolee. Trust is highly involved when a prisoner is released on parole, as it is up to them and their conditional freedom to abide by the rules. 

How Does Parole Work in Nevada?

When someone who commits a crime is sentenced to prison, they may have eligibility to get out of prison early on parole. Although, when a prisoner is released on parole, they have specific requirements to obey by:

  • Resisting Alcohol and Drugs.
  • Regularly checking in with a parole officer.
  • Living in a “halfway house”.
  • Maintaining employment.
  • Attending drug or alcohol meetings.
  • Not leaving the specified geographic area without permission.
  • Avoiding criminal activity and contact with criminals.

Under the standard parole system, the parolee is assigned a parole officer, who can check in with and drug test the parolee unannounced, to ensure they are obeying the rules. The standard parole system requires parolees to be on parole from 1 to 3 years. The parolee is on strict watch and must strictly abide by the rules when they are out of custody. 

What if Parole is Violated?

Parolees that are suspected of violating parole are sentenced to a parole violation hearing in front of the parole board. The first violation typically results in the parolee losing all of their benefits. However, depending on how the parolee broke the condition, they could be arrested and taken back into custody. According to NRS 213.151, any parole officer has the authority to arrest an alleged violator as long as they have a written order from the board. The officer must immediately inform the parole board about the arrest of the parolee. Following the arrest, there must be an inquiry determining the probable cause of the violation. If the parole officer determines that there is no probable cause, they have the right to release the parolee from custody. 

Procedure for Board Hearing

If the parole officer believes that the parolee broke the parole rules, there will be an inquiry at a board hearing. The prosecution only has to persuade the board that substantial evidence exists of the parolee violating the conditional parole laws. If the prosecution fails, the parolee will be able to continue their parole. According to NRS 213.1513, there are certain rules and procedures that must happen at the hearing, such as:

  • The detaining authority shall give the arrested parolee advance notice of the hearing.
  • The notice states the time, the place, and the purpose of the hearing, as well as the alleged violation of parole.
  • The parolee shall appear in person to listen to the allegations and defend themselves. 
  • The parolee has the right to question any person who appears against the parolee.

Parole in Nevada can be very serious, and it is important if you are on parole that you abide by the parole terms in order to stay out of custody. Being sent out on parole and leaving jail early is a privilege, and you can be sent back to jail if you violate the specific requirements of parole. If you or a loved one is facing parole violation allegations, it is important that you take action and hire a defense attorney who will aggressively fight the parole violations for you. Here at The Defenders, our attorneys have years of legal experience dealing with parole violation hearings and will inform you of how you may have violated the terms and what you can do to prevent violating terms during your time on parole. Additionally, our attorneys will aggressively fight the potential violations to keep you on parole and out of custody. It is important that as a parolee, you abide by the rules to prevent hearings and the risk of going into custody. 

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