NAC213.630. Additional considerations; deviation from standards; approval of recommendations.

     1. In making:

     (a) Any recommendation concerning the continuation or revocation of probation; or

     (b) Any determination described in NAC 213.620,

Ê based upon any act or omission described in NAC 213.610 or 213.620, the Chief Parole and Probation Officer may consider any mitigating factor which influenced or contributed to the act or omission.

     2. In making any such recommendation or determination, the Chief Parole and Probation Officer may also consider:

     (a) Any prior criminal history of the convicted person or parolee;

     (b) The nature of the person’s present offense;

     (c) Any pattern of previous offenses; and

     (d) The circumstances of the person’s present and previous offenses,

Ê in determining whether the act or omission is a significant indicator of the person’s success or failure on parole or probation.

     3. Nothing contained in NAC 213.570 to 213.620, inclusive, shall be deemed to restrict the authority of the Chief Parole and Probation Officer, in any case he or she deems appropriate, to make any recommendation concerning sentencing or the continuation or revocation of probation, or any determination described in NAC 213.620, that deviates from the standards contained in those sections.

     4. Before any recommendation described in subsection 3 is transmitted to the court on behalf of the Chief Parole and Probation Officer, it must be approved by the district administrator having authority over the case or by a person designated thereof.

     5. The Chief Parole and Probation Officer will keep a record of the number and percentage of recommendations and determinations that deviate from the standards contained in NAC 213.570 to 213.620, inclusive.

     (Added to NAC by Dep’t of Parole & Probation, 4-18-90, eff. 4-16-90)