NAC213.534. Notice to prisoner of meeting to consider whether to grant parole; waiver of certain rights by prisoner.

     1. Unless a prisoner has waived the right to receive notice pursuant to subsection 5, the Board will provide to a prisoner notice of the meeting to consider whether to grant parole to the prisoner. The notice will consist of:

     (a) Personal delivery of written notice to the prisoner not later than 5 working days before the meeting; or

     (b) The mailing, by certified mail, of written notice, addressed to the prisoner, to the residence, institution or facility at which the prisoner is confined not later than 21 working days before the meeting.

     2. The Board will provide the notice required by subsection 1 only for a meeting to consider whether to grant parole to the prisoner.

     3. Notice to a prisoner pursuant to paragraph (a) of subsection 1 will be deemed adequate if written notice was personally delivered to the prisoner and a copy of the written notice was returned to the Board and signed by:

     (a) The prisoner and the employee of the Department of Corrections or the Department of Public Safety who witnessed the delivery of the written notice; or

     (b) Two persons employed by the Department of Corrections or the Department of Public Safety who witnessed the prisoner refuse to accept the written notice.

     4. Notice to a prisoner pursuant to paragraph (b) of subsection 1 will be deemed adequate if the Board has received a return receipt of delivery from the United States Postal Service.

     5. A prisoner may waive, in writing, the rights granted to him or her pursuant to subsections 9 and 10 of NRS 213.131.

     6. If the Board finds that notice was not provided to a prisoner in accordance with this section and that the prisoner did not waive the right to receive notice pursuant to subsection 5, the Board may:

     (a) Grant parole to the prisoner; or

     (b) Reschedule the meeting.

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