Board to adopt standards for granting or revocation of parole; sample form regarding probability of success on parole to be made available to public; review of effectiveness of standards; report to Legislature.
1. The Board shall adopt by regulation specific standards for each type of convicted person to assist the Board in determining whether to grant or revoke parole. The regulations must include standards for determining whether to grant or revoke the parole of a convicted person:
(a) Who committed a capital offense.
(b) Who was sentenced to serve a term of imprisonment for life.
(c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.
(d) Who was convicted as a habitual criminal.
(e) Who is a repeat offender.
(f) Who was convicted of any other type of offense.
Ê The standards must be based upon objective criteria for determining the person’s probability of success on parole.
2. In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. The other factors the Board considers must include, but are not limited to:
(a) The severity of the crime committed;
(b) The criminal history of the person;
(c) Any disciplinary action taken against the person while incarcerated;
(d) Any previous parole violations or failures;
(e) Any potential threat to society or himself; and
(f) The length of his incarceration.
3. The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.
4. The Board shall make available to the public a sample of the form the Board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.
5. On or before January 1 of each even-numbered year, the Board shall review comprehensively the standards adopted by the Board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the Board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.
6. The Board shall report to each regular session of the Legislature:
(a) The number and percentage of the Board’s decisions that conflicted with the standards;
(b) The results and conclusions from the Board’s review pursuant to subsection 5; and
(c) Any changes in the Board’s standards, policies, procedures, programs or forms that have been or will be made as a result of the review.
Last modified: February 26, 2006