NAC213.545. Rescission of parole before release of prisoner: Procedure; delay of release.

     1. After the Board has granted parole to a prisoner but before the prisoner is released from prison, the Board may rescind the parole of the prisoner.

     2. If the Department of Corrections or the Division becomes aware of information which provides grounds to rescind the parole of a prisoner and the prisoner is scheduled to be released on parole less than 3 working days after the Department or the Division becomes aware of the information, the Department or the Division may:

     (a) Delay the release of the prisoner on parole for not more than 3 working days after the date on which the prisoner is scheduled to be released;

     (b) Provide to any member of the Board written notification of the grounds to rescind parole and that the release of the prisoner has been delayed; and

     (c) Request that a member of the Board order the further delay of the release of the prisoner.

     3. If a member of the Board becomes aware of information which provides grounds to rescind the parole of a prisoner or receives written notification of grounds to rescind parole pursuant to subsection 2, the member may order the delay of the release of the prisoner to allow time for the Board to consider whether to rescind the parole of the prisoner.

     4. If a member of the Board has received written notification of grounds to rescind parole pursuant to subsection 2 and does not order the delay of the release of the prisoner on parole within 3 working days after the date on which the prisoner is scheduled to be released on parole, the prisoner must be released.

     5. If a member of the Board orders the delay of the release of a prisoner on parole pursuant to subsection 3, the Board will, as soon as practicable:

     (a) Schedule a meeting to consider whether to rescind the parole of the prisoner; or

     (b) If a majority of the members of the Board state in writing that the parole of the prisoner should not be rescinded, authorize the release of the prisoner.

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