NAC213.590. Use of Probation Success Probability form.

     1. Each convicted person will first be evaluated using the Probation Success Probability form adopted by the Division. The form generates a numeric score based upon consideration of the following factors:

     (a) The number of prior criminal convictions sustained by the convicted person;

     (b) The number of other criminal prosecutions pending against the person;

     (c) The number of occasions on which the person has been incarcerated;

     (d) If the person is 23 years of age or younger, the number of occasions on which he or she has been committed to a correctional facility for juveniles;

     (e) The number of years that have elapsed since the person’s most recent previous conviction, whether the conviction was sustained as a juvenile or as an adult;

     (f) The number of occasions on which the person has been supervised as an adult or juvenile probationer;

     (g) The tendency of the person to have engaged in crimes of increasing or decreasing severity, or in crimes involving violence;

     (h) The circumstances of the person’s arrest for the present offense;

     (i) The nature of the present offense and the number of persons victimized;

     (j) The degree of psychological, physical and financial harm caused to the victim of the present offense;

     (k) If the present offense involved controlled substances, the nature of the conduct involved in the offense;

     (l) The sophistication of the present offense and the degree of premeditation involved in the offense;

     (m) The benefits received by the person as the result of any plea negotiation in the present proceeding;

     (n) The use of any weapon in connection with the present offense;

     (o) The involvement in the present offense of any other offender;

     (p) The existence and nature of any motive for the present offense;

     (q) The age and education of the person;

     (r) The support provided to the person by his or her immediate family;

     (s) The person’s history of employment and record of military service;

     (t) The employability of the person;

     (u) The person’s financial self-sufficiency;

     (v) The ties or connections between the person and the community in which he or she lives;

     (w) The person’s history of substance abuse;

     (x) The availability to the person of rehabilitative or other programs in the community;

     (y) Participation by the person in a mental health or substance abuse program, if such a program is warranted by the nature of the case;

     (z) The person’s honesty and cooperation in dealing with an employee of the Division who is performing the evaluation; and

     (aa) The attitude of the person concerning the present offense and toward supervision on probation.

     2. The numeric score derived from the use of the Probation Success Probability form may be used by the Chief Parole and Probation Officer in making a recommendation concerning:

     (a) The granting or denial of probation; and

     (b) The length of any term of confinement to be served by the convicted person, as provided in NAC 213.600.

     (Added to NAC by Dep’t of Parole & Probation, 4-18-90, eff. 4-16-90; A by Div. of Parole & Probation by R225-05, 9-18-2006)