NAC213.532. Mandatory release of certain prisoners: Prerequisites; recommendation of panel that Board grant discretionary parole instead.

     1. A prisoner may not be released on mandatory parole pursuant to NRS 213.1215 unless the Board has approved the release and the Division has established a program for the prisoner’s activities during parole.

     2. The Board will conduct a meeting to consider a prisoner for mandatory parole pursuant to NRS 213.1215 not sooner than 150 days before the date on which the prisoner must be released on mandatory parole.

     3. Before approving the mandatory parole of a prisoner, the Board will determine whether there is a reasonable probability that the prisoner will be a danger to public safety while on parole by considering:

     (a) The risk level assigned to the prisoner pursuant to NAC 213.514;

     (b) If the prisoner has been convicted of an offense listed in subsection 5 of NRS 213.1214, whether the prisoner has been certified as not presenting a high risk to reoffend pursuant to the provisions of subsection 1 of NRS 213.1214;

     (c) Whether the prisoner has made any statements indicating that the prisoner will refuse to comply with the terms and conditions of parole;

     (d) Whether the prisoner has made any threats to harm others;

     (e) The number and nature of any prior convictions of the prisoner, including, without limitation, whether the prisoner has a history of conviction for violent crimes;

     (f) Whether the prisoner has engaged in violent behavior while incarcerated;

     (g) Whether the prisoner has been convicted of multiple felony offenses involving driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance;

     (h) Whether the prisoner has previously failed to successfully complete probation or parole and whether that failure was the result of violent or criminal actions by the prisoner;

     (i) Whether the criminal history of the prisoner indicates that the crimes committed by the prisoner have increased in severity over time;

     (j) Whether the prisoner has demonstrated an attitude or behavior which indicates that the prisoner favors a criminal lifestyle, including, without limitation, whether the prisoner has been actively involved in a criminal gang, the planning of prison escapes or other criminal activity; and

     (k) Any other factor which demonstrates a reasonable probability that the prisoner will be a danger to public safety while on parole.

     4. If a panel to which the Board has delegated its authority pursuant to NRS 213.133 determines that it will recommend that the Board grant mandatory parole to a prisoner and that the prisoner has not been considered and is eligible for discretionary parole pursuant to NRS 213.1099, the panel may recommend that the Board grant discretionary parole to the prisoner rather than mandatory parole.

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