Delegation of Board’s authority to hear and act upon parole of prisoner and issues before Board.
1. Except as otherwise provided in subsections 6 and 7, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of:
(a) Two or more members of the Board, two of whom constitute a quorum; or
(b) One member of the Board who is assisted by a case hearing representative.
2. No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.
3. The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the Board. Such action may be taken at a meeting of the Board, or without a meeting by the delivery of written approval to the Secretary of the Board.
4. The degree of complexity of issues presented must be taken into account before the Board makes any delegation of its authority and before it determines the extent of a delegation.
5. The Board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.
6. A hearing concerning the parole of a prisoner or any decision on an issue involving a person:
(a) Who committed a capital offense;
(b) Who is serving a sentence of imprisonment for life;
(c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;
(d) Who is a habitual criminal; or
(e) Whose sentence has been commuted by the State Board of Pardons Commissioners,
Ê must be conducted by at least three members of the Board, and action may be taken only with the concurrence of at least four members.
7. If a recommendation made by a panel deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division, the Chairman must concur in the recommendation.
Last modified: February 26, 2006