reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.511 - Systems for potable and nonpotable water

Current through June 11, 2024
In a local correctional institution:
1. There may be no cross connection between the supply of potable water and any water which is nonpotable or may be nonpotable nor any source of pollution by which the potable water might become contaminated.
2. A system of nonpotable water which meets the limitations established by the State for levels of bacteria may only be used for purposes such as air-conditioning, cleaning, flushing toilets and fire protection and only if the system is approved by the health authority and does not come into direct or indirect contact with food, potable water or equipment that comes in contact with food or utensils. The piping of any nonpotable water must be clearly and permanently identified so that it is readily distinguishable from piping that carries potable water.
3. The system for potable water must be installed to preclude the possibility of backflow. Devices must be installed to protect against backflow and back siphonage on all fixtures and equipment which do not have an air gap which is at least twice the diameter of the inlet for the water between the inlet and the fixture's flood level rim. A hose may not be attached to a faucet unless a device to prevent backflow is installed.
4. A device designed to prevent backflow or back siphonage that is installed on a water supply system must comply with the standards for construction, installation, maintenance, inspection and testing of the
Uniform Plumbing Code
for that specific application and type of device, as those standards existed on May 23, 1996. The State Board of Health hereby adopts those standards by reference. A copy of the standards may be obtained from the International Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, California 91761, by telephone at (800) 854-2274 or at the Internet address
http://iapmostore.org
, at a price of $45.45.
5. The use of lead solder on lines carrying potable water is prohibited.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.515 - Drinking water

Current through June 11, 2024
A drinking fountain with a jet orifice extending diagonally above the basin or a supply of single-service drinking cups must be provided for each cell, dormitory, dayroom and assembly area. The use of a common drinking vessel is prohibited.
Bd. of Health, Jails and Local Correctional Institutions, §§ 2.3 & 2.3.1, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.520 - Toilets and urinals

Current through June 11, 2024
1. Each cell must be provided with a toilet of modern type, suitable for prison use.
2. Each dayroom and dormitory in areas housing male inmates must be provided with one toilet for each 12 inmates or fraction thereof. Each dayroom and dormitory in areas housing female inmates must be provided with one toilet for each eight inmates or fraction thereof. If a toilet is provided in a cell that has access to a dayroom, the toilet may be counted in determining the number of toilets required for the dayroom.
3. Urinals may be substituted for one-half of the toilets in facilities used to house male inmates.
4. All toilets and urinals must be kept clean and in good repair.
5. Inmates must be provided access to a toilet 24 hours per day.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 2.4, 2.4.1, 2.4.2 & 2.4.3, eff. 6-13]-(80-NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.530 - Lavatories

Current through June 11, 2024
1. Each cell must be provided with a lavatory of modern type that is equipped with hot and cold running water and is suitable for prison use.
2. Each dayroom and dormitory must be provided with one lavatory for each 12 inmates or fraction thereof. If a lavatory is provided in a cell that has access to a dayroom, the lavatory may be counted in determining the number of lavatories required for the dayroom.
3. All lavatories must be kept clean and in good repair.
4. Inmates must be provided access to a lavatory 24 hours per day.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 2.5, 2.5.1 & 2.5.2, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.540 - Showers

Current through June 11, 2024
1. One shower must be provided for each 15 inmates or fraction thereof.
2. Each shower must be supplied with hot and cold running water. The shower must allow the temperature of the water to be controlled, and the temperature of the water must be between 100 degrees Fahrenheit and 120 degrees Fahrenheit to ensure the safety of the inmates and to promote good hygiene.
3. All showers must be kept clean and in good repair.
4. Except as otherwise provided in this subsection, under normal operating conditions, each inmate must be provided the opportunity to take one shower per day. If the operator of the institution determines that the activities of an inmate do not require that the inmate be provided the opportunity to take one shower per day, the operator may provide the inmate the opportunity to take a shower at a less frequent interval.
5. An adequate supply of soap and individual towels must be available for showers.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 2.6, 2.6.1, 2.6.2, 2.6.3 & 2.6.4, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.550 - Sewage disposal

Current through June 11, 2024
All sewage and liquid waste matter must be disposed of into a public system of sewerage, if available. If public sewerage is not available, disposal must be made into a private system of sewage disposal which is designed, constructed and operated in accordance with the requirements of the health authority or, if the system is an on-site sewage disposal system, the Division of Environmental Protection of the State Department of Conservation and Natural Resources or other administrative authority pursuant to NAC 445A.950 to 445A.9706, inclusive. If public sewerage becomes available, connections must be made thereto, the institution's use of the private system or on-site sewage disposal system must be discontinued and the private system or on-site sewage disposal system must be properly abandoned. Procedures for abandonment of an on-site sewage disposal system are provided by the Division of Environmental Protection of the State Department of Conservation and Natural Resources in fact sheet "WTS-20: Abandonment of Sewerage Facilities," which is available from the Division and at the Internet address
http://ndep.nv.gov/bwpc/fact01.htm
.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 2.2 & 2.2.1, eff. 6-13-80]-(NAC A by R104-98, 11-24-98; A by Environmental Comm'n by R194-07, 8-26-2008)
NRS 444.335, 445A.425
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.570 - Disposal of garbage and refuse

Current through June 11, 2024
1. All garbage and refuse, including refuse to be recycled or returned, must be removed daily from confinement areas and disposed of in durable containers which are easily cleaned, which do not leak or absorb liquid and which do not attract or allow the breeding of rodents or other vermin.
2. The area for handling solid waste must be so designed that it may be washed and drained into sanitary sewers.
3. The disposal of solid waste must not:
(a) Lead to air or water pollution;
(b) Attract or allow the breeding of vermin;
(c) Create a fire hazard;
(d) Produce objectionable odors; or
(e) Cause a nuisance.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.005 - Definitions

Current through June 11, 2024
As used in NAC 213.005 to 213.205, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 213.010 to
				  213.018, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.010 - "Board" defined

Current through June 11, 2024
"Board" means the State Board of Pardons
				  Commissioners.
Supplied in
				  codification; A by Bd. of Pardons Comm'rs by R085-09,
				  8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.011 - "Clemency" defined

Current through June 11, 2024
"Clemency" means the remission or lessening of a punishment
				  to which a person convicted of a crime was sentenced and includes the remission
				  of a fine or forfeiture, the commutation of a punishment, the granting of a
				  pardon and the restoration, in whole or in part, of the civil rights of a
				  person convicted of a crime.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.012 - "Commutation of a punishment" defined

Current through June 11, 2024
"Commutation of a punishment" means the changing of the
				  sentence of a person convicted of a crime to another sentence, resulting in a
				  reduction or lessening of the sentence.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.013 - "Department" defined

Current through June 11, 2024
"Department" means the Department of Corrections.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.014 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Parole and Probation of the
				  Department of Public Safety.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.017 - "Pardon" defined

Current through June 11, 2024
"Pardon" means the forgiveness of a crime and the penalty
				  associated with it.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.018 - "Secretary" defined

Current through June 11, 2024
"Secretary" means the Secretary of the Board.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › General Provisions › Section 213.019 - Declaration concerning pardons, remissions of fines, commutations of punishments and restorations of civil rights

Current through June 11, 2024
The provisions of NAC 213.005 to 213.205, inclusive, do not
				  grant any person a right to the remission of a fine or forfeiture, the
				  commutation of a punishment, the granting of a pardon or the restoration of any
				  civil rights or restrict the authority granted to the Board by the Nevada
				  Constitution, and it is not intended that the establishment of standards
				  relating to the remission of fines or forfeitures, the commutation of
				  punishments, the granting of pardons or the restoration of civil rights create
				  any such right or interest in liberty or property or establish a basis for any
				  cause of action against the State, its political subdivisions, agencies,
				  boards, commissions, departments, officers or employees.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › State Board of Pardons Commissioners › Section 213.020 - Meetings

Current through June 11, 2024
1. The Board may meet semiannually or more
				often.
2. Meetings may be held
				during the second week of November and the second week of May on a date
				determined by the Board, unless otherwise designated by the Board.
3. Upon the recommendation of any member of
				the Board or the Secretary, and with the consent of the Governor, a special
				meeting of the Board may be held.
[Bd. of Pardons
				  Comm'rs, No. 1, eff. 12-24-66]-(NAC A by Bd. of Pardons Comm'rs by R085-09,
				  8-13-2010)
NRS
					 213.010,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › State Board of Pardons Commissioners › Section 213.030 - Chair

Current through June 11, 2024
The Governor is the Chair of the Board.
Bd. of Pardons
				  Comm'rs, No. 2, eff. 12-24-66
NRS
					 233B.040
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.040 - Availability and submission; time limit

Current through June 11, 2024
1. A person seeking
				clemency, or any person acting on behalf of such a person, must submit an
				application to the Board in accordance with the instructions prescribed by the
				Secretary. An application for clemency may be obtained from the Secretary at
				1677 Old Hot Springs Road, Suite A, Carson City, Nevada 89706. In addition, an
				application for the commutation of a punishment may be obtained from the
				wardens of institutions and facilities of the Department in accordance with the
				instructions prescribed by the Secretary.
2. Except as otherwise provided in subsection
				3, an application for a pardon, the remission of a fine or forfeiture or the
				commutation of a punishment must be submitted to the Secretary not less than 90
				days before a semiannual meeting of the Board.
3. The Governor may prescribe a shorter
				period for a special hearing of the Board.
[Bd. of Pardons
				  Comm'rs, No. 5, eff. 12-24-66; A 11-9-68]-(NAC A by Bd. of Pardons Comm'rs by
				  R085-09, 8-13-2010)
NRS
					 213.020,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.050 - Contents; applicability

Current through June 11, 2024
1. An application
				must include:
(a) The name of the person
				making the application;
(b) If the
				application is filed on behalf of another person, the name of the person in
				whose favor the application is made;
(c) The court rendering judgment;
(d) The amount of the fine or forfeiture, or
				the kind or character of the punishment;
(e) The type of clemency or pardon being
				sought;
(f) The grounds for the
				application; and
(g) Any other
				information deemed necessary by the Secretary.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.055 - Procedures and criteria for selection of applications for consideration by Board; additional selections

Current through June 11, 2024
1. The Secretary
				shall establish procedures and criteria for the selection of applications for
				clemency to be considered by the Board at a meeting. The Secretary shall:
(a) Post the procedures and criteria on the
				Internet website maintained by the Board; and
(b) Make the procedures and criteria
				available for public inspection at the primary office of the
				Secretary.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.065 - Pardons: Waiting period for eligibility to submit application; waiver

Current through June 11, 2024
1. Except as otherwise provided in this
				section, a person may not submit an application for a pardon from a conviction
				for a:
(a) Misdemeanor which constitutes
				domestic violence pursuant to
				NRS
				33.018 until 5 years after the date on which
				the person is released from actual custody or is no longer under a suspended
				sentence, whichever occurs later.
(b) Category E felony until 6 years after the
				date on which the person is discharged from probation or parole or released
				from prison because of the expiration of the term of imprisonment to which the
				person was sentenced.
(c) Category
				B, C or D felony for which the person was sentenced to probation until 8 years
				after the date on which the person is discharged from probation, except as
				otherwise provided in this paragraph. If the person was sentenced to probation
				upon a conviction for a category C or D felony and his or her probation was
				revoked, the person may not submit an application for a pardon until 9 years
				after the date on which the person is discharged from parole or released from
				prison because of the expiration of the term of imprisonment to which the
				person was sentenced. If the person was sentenced to probation upon a
				conviction for a category B felony and his or her probation was revoked, the
				person may not submit an application for a pardon until 10 years after the date
				on which the person is discharged from parole or released from prison because
				of the expiration of the term of imprisonment to which the person was
				sentenced.
(d) Category C or D
				felony for which the person was sentenced to a term of imprisonment until 9
				years after the date on which the person is discharged from parole or released
				from prison because of the expiration of the term of imprisonment to which the
				person was sentenced.
(e) Category
				B felony for which the person was sentenced to a term of imprisonment until 10
				years after the date on which the person is discharged from parole or released
				from prison because of the expiration of the term of imprisonment to which the
				person was sentenced.
(f) Category
				A felony until 12 years after the date on which the person is discharged from
				probation or parole or released from prison because of the expiration of the
				term of imprisonment to which the person was sentenced.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.073 - Pardons: Investigation of applicant; rejection of application; list of rejected applications; written recommendation

Current through June 11, 2024
1. Upon
				receiving an application for a pardon from a person who meets the minimum
				qualifications set forth in NAC 213.065, the Secretary shall request that the
				Division investigate the applicant as the Secretary deems necessary and
				appropriate. If the investigation reveals serious negative information which
				indicates that the Board may be unlikely to grant a pardon to the applicant,
				the Secretary may reject the application for consideration by the Board. The
				Secretary shall:
(a) Create a list of all
				applicants investigated who are denied a hearing and the reason for the denial;
				and
(b) Make the list available for
				the Board's consideration.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.077 - Restoration of civil rights without Board meeting

Current through June 11, 2024
1. If a
				person has applied for a pardon for the sole purpose of restoring his or her
				civil rights, the Board may grant the pardon and restore, in whole or in part,
				the civil rights of the applicant without a meeting if the following conditions
				are satisfied:
(a) The offense for which the
				pardon is sought:
(1) Did not result in
				physical injury to a victim;
(2)
				Did not involve the use or threatened use of force or violence; and
(3) Was not a sexual offense.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.080 - Prisoners eligible for or denied parole

Current through June 11, 2024
The Board will not accept the application of a prisoner for a
				  pardon or the commutation of a punishment if the prisoner is eligible for
				  release on parole to the community, or becomes eligible for release on parole
				  to the community on a date less than 1 year after the date of the next meeting
				  of the Board, unless the applicant shows extraordinary circumstances that merit
				  consideration by the Board.
[Bd. of Pardons
				  Comm'rs, No. 6 § b, eff. 12-24-66; A 11-9-68]-(NAC A by Bd. of Pardons
				  Comm'rs by R085-09, 8-13-2010)
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.085 - Persons on parole

Current through June 11, 2024
Except as otherwise provided in subsection 2 of NAC 213.055,
				  the Board will not consider an application for the remission of a fine or
				  forfeiture or the commutation of a punishment submitted by a person on parole
				  unless, pursuant to
				  NRS
				  176.033, the person has served one-half of
				  the period of his or her parole, or 10 consecutive years on parole in the case
				  of a person sentenced to life imprisonment, and:
1. The Division has provided the person a
				favorable recommendation for a modification of sentence pursuant to
				NRS
				176.033 and the State Board of Parole
				Commissioners has refused to file a petition for a modification of sentence
				pursuant to
				NRS
				176.033; or
2. The State Board of Parole Commissioners
				has filed a petition for a modification of sentence pursuant to
				NRS
				176.033 and the court has denied the
				petition.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.100 - Effect of new criminal code

Current through June 11, 2024
An application for the commutation of a punishment submitted
				  by a person serving a sentence prescribed under a previous criminal law which
				  is longer than now prescribed under current law will be considered on the
				  merits of the case alone and not solely because, under the new law, the
				  punishment has been reduced.
[Bd. of Pardons
				  Comm'rs, No. 16, eff. 11-9-68]-(NAC A by Bd. of Pardons Comm'rs by R085-09,
				  8-13-2010)
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.103 - Persons required to register as offender convicted of offense against child or sex offender

Current through June 11, 2024
Except as otherwise provided in subsection 2 of NAC 213.055,
				  the Board will not consider an application for clemency if the applicant is
				  required to register as an offender convicted of an offense against a child or
				  a sex offender pursuant to
				  NRS 179D.010 to
				  179D.550,
				  inclusive, as a result of the conviction for which the applicant is seeking
				  clemency, unless, pursuant to
				  NRS
				  179D.490, the applicant is no longer required
				  to register as an offender convicted of a crime against a child or a sex
				  offender.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.107 - Availability of judicial or administrative relief

Current through June 11, 2024
Except as otherwise provided in subsection 2 of NAC 213.055,
				  the Board will not consider an application for clemency if other forms of
				  judicial or administrative relief are reasonably available to the
				  applicant.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.110 - Commutation of sentence of life without possibility of parole

Current through June 11, 2024
The Board will not consider an application for the
				  commutation of a sentence of life without the possibility of parole to life
				  with the possibility of parole unless:
1. The applicant committed the crime before
				July 1, 1995; and
2. Nineteen
				calendar years have been served by the applicant.
[Bd. of Pardons
				  Comm'rs, No. 15, eff. 11-9-68]-(NAC A by Bd. of Pardons Comm'rs by R085-09,
				  8-13-2010)
NRS
					 213.085,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.120 - Death penalty

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2 of NAC 213.055, the Board will not consider
				an application for a pardon or the commutation of a punishment submitted by a
				person sentenced to the death penalty unless the person has exhausted all
				available judicial appeals.
2. If a
				death penalty is being considered, the presence of the Governor is required and
				any judgment must be made by a majority of the members of the Board.
[Bd. of Pardons
				  Comm'rs, No. 9, eff. 12-24-66]-(NAC A by Bd. of Pardons Comm'rs by R085-09,
				  8-13-2010)
NRS
					 213.085,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Applications › Section 213.125 - Requirements for reapplication

Current through June 11, 2024
Any person whose application for clemency has been considered
				  by the Board and who has been denied favorable action by the Board may not
				  reapply for clemency unless:
1. The
				person shows a substantial change of circumstance that merits consideration by
				the Board; or
2. The Board provided
				instructions to the person at a previous hearing and the person has
				demonstrated that he or she has complied fully with the instructions.
[Bd. of Pardons
				  Comm'rs, No. 6 § a, eff. 12-24-66; A 11-9-68]-(NAC A by Bd. of Pardons
				  Comm'rs by R085-09, 8-13-2010-Substituted in revision for NAC 213.070
				  )
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Meetings and Hearings › Section 213.183 - Recommendation of Director to accompany application; approval of Secretary

Current through June 11, 2024
1. The application of an inmate who is
				selected for consideration by the Board must be accompanied by a recommendation
				by the Director of the Department to the Secretary.
2. Except as otherwise provided in NAC
				213.055, the Secretary has the final approval in placing an application on the
				agenda. Except as otherwise provided in NAC 213.077, upon such approval, the
				applicant will be granted a hearing at a regularly or specially called meeting
				of the Board.
3. A list of all
				applicants who are denied a hearing and the reason for the denial must be
				available for the Board's consideration.
[Bd. of Pardons
				  Comm'rs, No. 6 § c, eff. 12-24-66; A 11-9-68]-(NAC A by Bd. of Pardons
				  Comm'rs by R085-09, 8-13-2010-Substituted in revision for NAC 213.090
				  )
NRS
					 213.017,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Meetings and Hearings › Section 213.185 - Notice to certain persons of meeting to consider application; request for recommendations

Current through June 11, 2024
Notice served pursuant to
				  NRS
				  213.020 must include:
1. An offer to the district judge who
				adjudicated the case involving the applicant, or the successor of that district
				judge, to provide comments and a recommendation to the Board;
2. A request for a statement of facts and any
				information affecting the merits of the application pursuant to
				NRS
				213.040 from the district attorney who
				prosecuted the case involving the applicant or the successor of that district
				attorney;
3. If the application is
				for the remission of a fine or forfeiture, a request for a recommendation
				concerning whether to remit the fine or forfeiture from the chair of the board
				of county commissioners of the county in which the applicant was convicted;
				and
4. An invitation for the
				district judge, the district attorney and, when applicable, the chair of the
				board of county commissioners to testify before the Board at the
				hearing.
[Bd. of Pardons
				  Comm'rs, No. 7, eff. 12-24-66; A 11-9-68]-(NAC A by Bd. of Pardons Comm'rs by
				  R085-09, 8-13-2010-Substituted in revision for NAC 213.060
				  )
NRS
					 213.020,
					 213.040,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Meetings and Hearings › Section 213.187 - Notice to victim of meeting for consideration of clemency

Current through June 11, 2024
If an application for clemency is selected for the
				  consideration of the Board at a meeting, the Secretary shall, in accordance
				  with
				  NRS
				  213.010, notify any victim of the crime for
				  which clemency is sought.
Added to NAC by Bd. of
				  Pardons Comm'rs by R085-09, eff. 8-13-2010
NRS
					 213.010,
					 213.017,
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Meetings and Hearings › Section 213.190 - Hearings to be informal

Current through June 11, 2024
Hearings before the Board will be informal in nature, and
				  regular rules of evidence or other formalities do not apply.
[Bd. of Pardons
				  Comm'rs, No. 16, eff. 12-24-66; renumbered as No. 20, 11-9-68]-(NAC A by Bd. of
				  Pardons Comm'rs by R085-09, 8-13-2010)
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Meetings and Hearings › Section 213.200 - Testimony; presence of applicant; affidavits and depositions

Current through June 11, 2024
The Board may:
1.
				Require all testimony to be given under oath.
2. Require the presence of the
				applicant.
3. Accept for
				consideration any affidavits or depositions taken and certified by a district
				judge, county clerk or notary public.
Bd. of Pardons
				  Comm'rs, No. 14, eff. 12-24-66; A and renumbered as No. 18,
				  11-9-68
NRS
					 233B.040,
					 233B.050
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS › Meetings and Hearings › Section 213.205 - Preparation of official documents for clemency

Current through June 11, 2024
1. If
				the Board grants clemency:
(a) The Secretary
				shall prepare two official documents which:
(1) Describe the fine, forfeiture, sentence
				or punishment that is the subject of the Board's action, the action taken by
				the Board and the consequences of that action, including, without limitation,
				any limitations or conditions on the action; and
(2) Are signed by the Secretary of State and
				attested with the Great Seal of the State of Nevada;
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › FEE FOR SUPERVISION › Section 213.220 - Applicability

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2, the provisions of NAC 213.220 to 213.280, inclusive, apply to every person
			 living in this State who has been:
(a) Granted
			 probation after suspension of sentence by a court of this or any other state;
			 or
(b) Released on parole by the
			 State Board of Parole Commissioners of this or any other state.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › FEE FOR SUPERVISION › Section 213.230 - Fee required; amount; exception

Current through June 11, 2024
Each parolee or probationer shall, during the term of the
				parole or probation, pay a monthly fee of $30 to the Division of Parole and
				Probation of the Department of Public Safety to help defray the cost of
				supervision unless he or she receives a waiver as provided in subsection 2 of
				NRS
				213.1076.
Added to NAC by Dep't of
				Parole & Probation, eff. 7-1-83; A 7-22-85; 10-13-87; A by Div. of Parole
				& Probation by R111-00, 1-10-2001
NRS
				  213.1076
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › FEE FOR SUPERVISION › Section 213.260 - Postponement of payment

Current through June 11, 2024
If the Chief Parole and Probation Officer grants a waiver of
				immediate collection of the fees upon condition of future payment, the parolee
				or probationer shall pay the back fees if at any time before the end of the
				term of parole or probation his or her income becomes sufficient to enable him
				or her to do so.
Added to NAC by Dep't of
				Parole & Probation, eff. 7-1-83
NRS
				  213.1076
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › FEE FOR SUPERVISION › Section 213.270 - Form of payment; statement of account

Current through June 11, 2024
1. A check or
			 money order written to pay the fee set forth in NAC 213.230 must be made
			 payable to the "Division of Parole and Probation."
2. A check or money order written to pay for
			 the use of any equipment required by the Division of Parole and Probation of
			 the Department of Public Safety for the surveillance of a parolee or
			 probationer under supervision by the Division must be made payable to the
			 provider of the equipment that is approved by the Division.
3. A fee required to be paid pursuant to NAC
			 213.230 or an amount required to be paid pursuant to subsection 2 is not
			 payable in cash.
4. Upon request by
			 a parolee or probationer, the Division will furnish him or her a statement of
			 his or her account for payments of fees and any amounts due.
Added to NAC by Dep't of
				Parole & Probation, eff. 7-1-83; A by Div. of Parole & Probation by
				R111-00, 1-10-2001
NRS
				  213.1076
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › FEE FOR SUPERVISION › Section 213.280 - Clarification of provisions regarding payment of fee

Current through June 11, 2024
A person may obtain clarification of the provisions of NAC
				213.220 to 213.270, inclusive, information about waivers, or other information
				relating to those provisions from the Division of Parole and Probation, 1445
				Hot Springs Road, Suite 104, Carson City, Nevada 89711.
Added to NAC by Dep't of
				Parole & Probation, eff. 7-1-83
NRS
				  213.1076
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › LIFETIME SUPERVISION › Section 213.290 - Notification; report; hearing; request to modify conditions

Current through June 11, 2024
1. At least 120 days before the first day of
			 the month in which a sex offender who has been sentenced to a special sentence
			 of lifetime supervision is scheduled to be released from an institution or
			 facility of the Department, the Department shall provide written notification
			 to the Division of the date that the sex offender is scheduled to be released.
			 If more than one such sex offender is scheduled to be released during the
			 month, the Department shall provide notice for such sex offenders pursuant to
			 this subsection in the form of a list that includes the name of each sex
			 offender scheduled for release and the date on which each sex offender will be
			 released.
2. At least 90 days
			 before the first day of the month in which a sex offender who has been
			 sentenced to a special sentence of lifetime supervision is scheduled to
			 complete a term of parole or probation or is scheduled to be released from an
			 institution or facility of the Department, the Division shall provide written
			 notification to the Board of the date that the sex offender is scheduled to
			 complete a term of parole or probation or to be released from an institution or
			 facility of the Department. If more than one such sex offender is scheduled to
			 complete a term of parole or probation or to be released from an institution or
			 facility of the Department during the month, the Division shall provide notice
			 for such sex offenders pursuant to this subsection in the form of a list that
			 includes the name of each sex offender and the date on which each sex offender
			 will complete his or her term or be released.
3. Upon receipt of written notification
			 pursuant to subsection 2, the Board will schedule a hearing to establish the
			 conditions of lifetime supervision for the sex offender. The Board will:
(a) Determine an appropriate location for the
			 hearing that may include, without limitation, the institution or facility at
			 which the sex offender is housed or an office of the Board; and
(b) Appoint a panel pursuant to
			 NRS
			 213.133 to conduct the hearing.
The Board may establish the conditions of lifetime supervision
				for more than one sex offender at a hearing.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.495 - Definitions

Current through June 11, 2024
As used in NAC 213.495 to 213.565, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 213.500 to
				213.506, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Bd. of
				Parole Comm'rs by R018-08, eff. 4-17-2008
NRS
				  213.110
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.500 - "Board" defined

Current through June 11, 2024
"Board" means the State Board of Parole Commissioners.
Added to NAC by Bd. of
				Parole Comm'rs, 6-27-90, eff. 5-11-90; A by R018-08,
				4-17-2008
NRS
				  213.110
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.502 - "Criminal gang" defined

Current through June 11, 2024
"Criminal gang" has the meaning ascribed to it in NRS
				NRS
				213.1263.
Added to NAC by Bd. of
				Parole Comm'rs by R018-08, eff. 4-17-2008
NRS
				  213.110
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.504 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Parole and Probation of the
				Department of Public Safety.
Added to NAC by Bd. of
				Parole Comm'rs by R018-08, eff. 4-17-2008
NRS
				  213.110
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.512 - Determination of whether to grant parole: Assignment of severity level to crime

Current through June 11, 2024
1. The Board will
			 assign to each crime for which parole is being considered a severity level of
			 "highest," "high," "moderate," "low moderate" or "low." The severity level will
			 be the same as the severity level assigned to the crime by the Department of
			 Corrections for the purpose of classifying offenders pursuant to
			 NRS
			 209.341.
2. The Board will apply the severity level of
			 the crime for which parole is being considered to establish an initial
			 assessment regarding whether to grant parole in the manner set forth in NAC
			 213.516.
Added to NAC by Bd. of
				Parole Comm'rs by R018-08, eff. 4-17-2008
NRS
				  213.10885,
				  213.110,
				  213.140
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.514 - Determination of whether to grant parole: Assignment of risk level to prisoner

Current through June 11, 2024
1. The Board will assign to each prisoner who
			 is being considered for parole a risk level of "high," "moderate" or "low"
			 according to the level of risk that the prisoner will commit a felony if
			 released on parole.
2. To establish
			 the risk level, the Board will conduct an objective risk assessment using a
			 combination of risk factors that predict recidivism.
3. The Board will apply the risk level
			 assigned to a prisoner who is being considered for parole to establish an
			 initial assessment regarding whether to grant parole in the manner set forth in
			 NAC 213.516.
4. If a prisoner has
			 ever been convicted of a sexual offense and has been evaluated using a
			 currently accepted standard of assessment to determine the risk that the
			 prisoner will commit another sexual offense if released on parole in accordance
			 with NRS 213.1214, the Board will consider the risk assessment conducted by the
			 Department of Corrections pursuant to NRS 213.1214  when determining whether to
			 grant parole.
As used in this subsection, "sexual offense" has the meaning
				ascribed to it in NRS 213.1214.
Added to NAC by Bd. of
				Parole Comm'rs by R018-08, eff. 4-17-2008;	A by
				R116-21A,
				eff. 9/8/2022
NRS 213.10885
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.516 - Determination of whether to grant parole: Initial assessment

Current through June 11, 2024
1. In determining whether to grant parole to
			 a prisoner, the Board will apply the severity level of the crime for which
			 parole is being considered as assigned pursuant to NAC 213.512  and the risk
			 level assigned to the prisoner pursuant to NAC 213.514  to establish an initial
			 assessment regarding whether to grant parole. The initial assessment will
			 correspond to the following table:
Severity Level
Risk Level
High
Moderate
Low
Highest
Deny parole
Consider factors
Consider factors
High
Deny parole
Consider factors
Grant parole at first or second meeting to consider
							 prisoner for parole
Moderate
Deny parole
Grant parole at first or second meeting to consider
							 prisoner for parole
Grant parole at initialparole eligibility
Low Moderate
Consider factors
Grant parole at first or second meeting to consider
							 prisoner for parole
Grant parole at initial parole
							 eligibility
Low
Consider factors
Grant parole at initial parole
							 eligibility
Grant parole at initial parole
							 eligibility
2.
			 After an initial assessment is established pursuant to subsection 1, the Board
			 will consider the initial assessment in accordance with NAC 213.518.
Added to NAC by Bd. of
				Parole Comm'rs by R018-08, eff. 4-17-2008;	A by
				R114-21A,
				eff. 9/8/2022
NRS 213.10885
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.518 - Determination of whether to grant parole: Consideration of additional aggravating and mitigating factors

Current through June 11, 2024
1. After
			 establishing an initial assessment regarding whether to grant parole pursuant
			 to NAC 213.516, the Board:
(a) Will consider
			 the initial assessment and the factors set forth in NRS 213.10885  and 213.1099;
			 and
(b) May consider the relevant
			 aggravating and mitigating factors set forth in subsections 2 and 3,
			 respectively, to determine whether to grant parole to a prisoner.
Nevada Administrative Code › Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments › RELEASE ON AND REVOCATION OF PAROLE › Section 213.522 - Reassessment of severity level of crime

Current through June 11, 2024
1. If the Board
			 denies parole, the Board will not consider a request for the Board to reassess
			 the severity level of the crime for which parole was denied unless:
(a) The Department of Corrections determines
			 that the severity level assigned to the crime pursuant to NAC 213.512 should
			 have been lower and advises the Board, in writing, of its determination;
			 and
(b) The prisoner mails a
			 request to the State Board of Parole Commissioners, 1677 Old Hot Springs Road,
			 Suite A, Carson City, Nevada 89706, not later than 45 days after the meeting at
			 which the Board considered whether to grant parole.