NAC213.524. Reassessment of risk level assigned to prisoner.

     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 level to the State Board of Parole Commissioners, 1677 Old Hot Springs Road, Suite A, Carson City, Nevada 89706, not later than 45 days after the meeting at which the Board considered whether to grant parole; and

     (b) Base the request on circumstances which existed at the time that the Board assigned the risk level.

     2. If a prisoner does not mail a request in compliance with subsection 1 or bases the request on a change of circumstances since the Board assigned the risk level, the Board will not consider the request.

     3. As soon as practicable after receiving a request for the Board to reassess the risk level assigned to a prisoner, the Executive Secretary of the Board or an employee of the Board designated by the Board shall determine whether the Board, in assigning the risk level, did not consider a factor set forth in the sample form created by the Board pursuant to NRS 213.10885 or did not give such a factor the appropriate weight. If such a determination is made, the Executive Secretary or the employee designated by the Board must reassess the risk level of the prisoner by considering only the facts which existed at the time of the original assignment.

     4. If, after reassessing the risk level assigned to a prisoner, it is determined that the risk level is the same or higher than the previously assigned risk level, the Executive Secretary of the Board or the employee designated by the Board must affirm the denial of parole. If, after reassessing the risk level assigned to a prisoner, the risk level is lower than the previously assigned risk level, the Executive Secretary or the employee designated by the Board must apply the lower risk level to establish a new initial assessment regarding whether to grant parole in the manner set forth in NAC 213.516.

     5. If the new initial assessment established pursuant to subsection 4 is more favorable to the prisoner than the initial assessment established before the reassessment of the risk level, the Board will, as soon as practicable, schedule a meeting to reconsider whether to grant parole to the prisoner.

     (Added to NAC by Bd. of Parole Comm’rs by R018-08, eff. 4-17-2008)