Judicial program: Referral of offender to reentry court; requirement of participating in program as condition of parole; powers and duties of Board.
1. Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which a prisoner or parolee may be paroled, the Chairman of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his parole to the reentry court if the Chairman believes that the person:
(a) Would participate successfully in and benefit from a judicial program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime.
2. Except as otherwise provided in this section, if the Chairman is notified by the reentry court pursuant to NRS 209.4883 that a person should be ordered to participate in a judicial program, the Board may, in accordance with the provisions of this section:
(a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the judicial program; or
(b) If the person is a parolee who has violated a term or condition of his parole, order him to participate in and complete the judicial program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.
3. If a prisoner who has been assigned to the custody of the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered for parole:
(a) The Board shall, if the Board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the judicial program.
(b) The Board is not required to refer the prisoner to the reentry court pursuant to subsection 1 or to obtain prior approval of the reentry court pursuant to NRS 209.4883 for the prisoner to continue participating in the judicial program while he is on parole.
4. In determining whether to order a person to participate in and complete a judicial program pursuant to this section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations requiring persons who are ordered to participate in and complete a judicial program pursuant to this section to reimburse the reentry court and the Division for the cost of their participation in a judicial program, to the extent of their ability to pay.
6. The Board shall not order a person to participate in a judicial program if the time required to complete the judicial program is longer than the unexpired maximum term of the person’s original sentence.
Last modified: February 26, 2006