Nevada "Parole Violation Hearing" Lawyers

Parole violations (PV) hearings in Nevada are conducted by the State Board of Parole Commissioners to determine whether defendants have violated the terms of their early release from Nevada State Prison. Parolees who win their PV hearings may remain free on parole. Parolees found to be in violation of their release conditions will either be:

Similar to a criminal trial, PV hearings permit defendants to testify on their own behalf and to be represented by an attorney. But unlike trial juries, the Parole Board does not have to find beyond a reasonable doubt that the defendant violated parole; instead, there just needs to be "substantial evidence" for the Board to revoke parole.

However, it is still possible for parolees to win their PV hearings with such defenses as:

  • the parolee was the victim of false accusations;
  • the wrong person was arrested; or
  • the parolee did nothing in violation of his/her parole

In this article, our Las Vegas criminal defense attorneys discuss how parole violation hearings work in Nevada. Click on a topic to jump directly to that section.

For defendants accused of violating probation, see our article on probation violation hearings in Nevada.

gavel
The result of a PV hearing can be the difference between freedom and a lengthy prison stay.

1. Definition of parole violation hearings in Nevada

A parole violation (PV) hearing is a trial-like proceeding that determines whether parolees broke the rules of their early prison release. Parolees who win PV hearings get to remain free on parole. Parolees who lose PV hearings usually have their parole privileges "revoked", and they are ordered back to prison or residential confinement.

2. Who brings parole violation hearings in Nevada

PV hearings are conducted by the Nevada State Board of Parole Commissioners, which consists of a chairman and six commissioners.

It is rare for the entire Board to preside over a PV hearing. Instead, a panel consisting of some Board members presides.

A PV hearing panel typically has two Board members or one Board member and a case hearing representative. However, the panel must include at least three Board members when the parolee either:

The panel of a PV hearing makes its initial decision by a majority. Then this decision is subject to final approval by a majority of the Board (at least four members).1

3. Bases to hold parole violation hearings in Nevada

Any alleged violation of a parolee's release terms can serve as a basis for PV hearings. Each parolee has an individual set of regulations he/she agrees to follow in order to be released from prison early. Ten common examples of these requirements include:

sign
Everyone who is released early from prison is required to follow certain rules in order to remain out of state prison.
  1. abiding by a curfew
  2. abstaining from alcohol and drugs
  3. avoiding certain locations and people (such as the victims and their home and workplaces, if applicable)
  4. participating in an educational and/or vocational program
  5. attending counseling and/or rehab
  6. wearing a Nevada electronic monitoring bracelet and/or a Nevada SCRAM bracelet
  7. living in a halfway house
  8. submitting to alcohol and/or drug tests
  9. checking in regularly with the parole officer
  10. not committing any Nevada crimes (other than minor traffic offenses)

Nevada law considers parole a privilege that needs to be continually earned. Therefore, being granted parole comes with conditions that are tailored to each person. Whenever parolees allegedly violate their conditions, they become vulnerable to arrest and having their parole privileges taken away, possibly for forever.

4. Parole violation hearing procedures in Nevada

4.1. The parole violation and arrest

PV hearings are triggered by the parolee's alleged violation.

If the Parole Board gets information indicating that a parolee violated parole, it will issue a written order --  certified by the Chief Parole and Probation Officer -- that serves as a warrant for a parolee's arrest. Once the Board issues this order, police may seek out and arrest the parolee.

Note that police do not need a warrant to arrest someone for allegedly violating parole as long as they have "probable cause" to believe that a parolee violated a term of his/her parole.

Example: James has been released on parole after serving time for felony DUI in Nevada. One of his parole conditions is to avoid drinking for the duration of his three-year parole period. One weekend a year later, a police officer in the DUI case goes to a bar. The officer recognizes Jim at the bar, and he is drinking. This would give the officer probable cause that Jim was violating the terms of his parole, and the officer could arrest him.

By witnessing James drinking in the above example, the officer has reasonably trustworthy information that James is defying his court orders. Therefore, the officer could lawfully place James under arrest without getting a warrant first. 

Once a parolee gets arrested, the arresting officer would then notify the Board and submit a report describing how the parolee is in violation of his/her release.2

4.2. Probable cause inquiry

Parolees arrested for allegedly violating parole in Nevada initially get booked at a county jail or placed on house arrest ("residential confinement"). Law enforcement must then hold an inquiry to confirm that there is indeed probable cause that they violated parole.

It is not necessary that a judge conduct a probable cause hearing or administer the oaths. However, the officer who conducts it must not:

sign
Probable cause inquiries usually precede PV hearings.
  • be directly involved in the case;
  • have made the parole violation report; and
  • have recommended revocation of the parole

The inquiry needs to be held at -- or reasonably near -- the location of the alleged parole violation or arrest. And the inquiry must occur within 15 working days of the arrest. (The only exception to these place and time requirements is if the parolee is a fugitive.)

Parolees get advanced notice of when, where, and why their inquiry hearings will take place. As with a criminal trial, parolees may:

  • be represented by counsel;
  • testify on their own behalf;
  • present relevant documents, letters, or witnesses; and
  • confront adverse witnesses (unless the witness is an informant who could be harmed by the disclosure of his/her identity)

If the inquiring officer determines there is probable cause that the parolee violated parole, the parolee can be remanded to prison or ordered to residential confinement in their home (usually under electronic surveillance). Otherwise, the parolee should be released from jail right away.

Note that police may dispense with holding a probable cause inquiry if the parolee has been convicted of any crime (other than a minor traffic offense) while out on parole. Such a conviction automatically serves as "probable cause," and the parolee can be returned to state prison or residential confinement right away.3

4.3. Parole violation hearing

If a probable cause inquiry finds against the parolee, the Parole Board must then hold a PV hearing to determine whether the parolee is in violation of his/her release conditions.

A PV hearing looks similar to a criminal trial in that both the prosecution and defense attorneys can make arguments, admit evidence, and cross-examine witnesses.4 Furthermore, parolees who cannot afford attorneys are assigned a local public defender to advocate for them.

But unlike criminal trials, the prosecution in PV hearings do not have the burden to prove guilt beyond a reasonable doubt. Instead, the prosecution only needs to present "substantial evidence" that the parolee violated parole.5

In addition, PV hearings are not decided by a jury of the parolee's peers. Instead, a panel of members of the Parole Board listens to the evidence and decides whether or not the parolee violated parole.

4.3.1. PV hearing results

gavel handcuffs
Some parolees may be ordered to "residential confinement" rather than back to prison.

When the Parole Board determines that parolees did not violate their parole, they will be released from custody. Then things will go back to how they were prior to the violation allegation.

When the Board determines that parolees did violate their parole, the Board may "revoke" the parolees'  parole and remand them back to prison. They would then serve out the remainder of their full prison sentence, and they would not be eligible for parole on the underlying charge again. Furthermore, they will need to forfeit any "good behavior" credits they accrued.

In some cases, the Board may allow guilty parolees to remain on parole; but instead of remanding them to prison, the Board would order them to serve time at home in "residential confinement" under intense supervision.6

4.3.2. Time and place of PV hearings

PV hearings must occur within 60 days of the parolee being returned to state prison (or residential confinement). But if the basis of the parole violation was committing another crime, then the Board must hold the hearing within 60 days after that criminal case resolves.

Currently, the Board holds PV hearings on Tuesdays. PV hearings for female inmates are usually conducted on the third Tuesday of each month.

The Board typically hold PV hearings at one of three correctional facilities:

  1. High Desert State Prison,
  2. Florence McClure Women's Correctional Center, or
  3. Northern Nevada Correctional Center

PV hearings are open to the public, but the public may not offer comments during the hearing. The Board may close certain parts to abide by confidentiality laws.7

5. Legal strategies for winning parole violation hearings in Nevada

Although PV hearings are different from criminal trials, the defense strategies are often very similar. Common defense strategies include:

  • the parolee was falsely accused
  • the parolee was misidentified
  • the parolee's actions do not rise to the level of a parole violation

Recall that unlike criminal trials, PV hearings do not require prosecutors to prove guilt beyond a reasonable doubt. Rather, prosecutors need only produce substantial evidence that the parolee violated parole.

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Some people facing PV hearings were the victims of false accusations.

5.1. False accusations

Sometimes people falsely accuse parolees of breaking parole because they are angry at them and want to get them into trouble. But if the defense attorney can show that the allegations are untrue, parole should not be revoked.

Example: Barbara has just been released from prison. Her ex-husband Tom is upset because now he will have to share custody of their children. Shortly after her release, Tom calls the police and lies that Barbara beat him. He even self-inflicts some knife wounds to back up his story. The police then arrest Barbara both for violating her parole and committing the Nevada crime of battery domestic violence (BDV)

Fortunately for Barbara, her defense attorney is able to amass evidence in her favor. The attorney finds a witness who overheard Tom tell a friend that he will do anything to keep Barbara in prison. The attorney also finds an expert witness who believes the wounds were self-inflicted. If the defense attorney can show the prosecutor that Tom totally fabricated the charges, the BDV charge will get dismissed, and Barbara will get re-released on parole. Meanwhile, Tom would face charges of filing a false police report in Nevada.

The deck is always stacked against parolees when they are facing a PV hearing -- after all, they were already convicted once. So while they out on parole, parolees need to be very careful about preserving any evidence that may help their case should someone lodge false accusations. Common examples include text messages, voicemails, and videos.

5.2. Mis-identification

Police occasionally arrest the wrong person. Their jobs require them to interface with dozens of people a day, and occasionally they mix people up or misidentify an innocent parolee as the culprit.

Example: Paul is a parole officer assigned to oversee Max. One night Paul is out and sees someone who looks just like Max out shopping even though Max should be home on curfew. Later Paul goes to Max's house and has him arrested for violating parole.

Fortunately Max has an alibi that can attest to him being home. And the supermarket surveillance video that Max's attorney obtains shows that the person Paul thought was Max was someone else entirely. If the defense attorney shows this evidence to the police, they may release Max back on parole without even having to have a PV hearing.

In cases of mis-identification, such evidence as surveillance video an eyewitnesses are very important for proving the parolee's innocence.

5.3. No parole violation

There have been situations where parolees were arrested when they never violated parole. Perhaps the parole officer or police officer may have misconstrued the parolee's lawful actions as violating parole, or perhaps they were mistaken about what constitutes a parole violation.

Example: Isabel has been released from prison. One of her conditions of release is staying away from her ex-boyfriend's residence. One evening her parole officer sees Isabel walking by her ex-boyfriend's old house. The parole officer then has Isabel arrested.

It turns out that the parole officer had forgotten that the ex-boyfriend had moved and Isabel broke no rules by being her his old residence. Once the parole officer informs the police of the mistake, they should release Isabel back on parole without having to hold a PV hearing.

Sometimes a parolee's actions fall in a gray area where it is not obvious whether he/she broke any rules. When this happens, it is the defense attorney's job to zealously argue that anything the parolee did fell short of an actual violation.

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Accused of violating the terms of your parole in Nevada? Contact our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) right away for a FREE consultation. The stakes at parole revocation hearings are extremely high, and you need experienced counsel fighting for your freedom.

Arrested in California? See our article on California parole revocation hearings.

Arrested in Colorado? See our article on Colorado parole revocation hearings.


Legal References

  1. NRS 213.108; NRS 213.150.
  2. NRS 213.151  Arrest of alleged violator of parole: Powers and duties of peace officers.

          1.  The Board's written order, certified to by the Chief Parole and Probation Officer, is sufficient warrant for any parole and probation officer or other peace officer to arrest any conditionally released or paroled prisoner.

          2.  Every sheriff, constable, chief of police, prison officer or other peace officer shall execute any such order in like manner as ordinary criminal process.

          3.  Any parole and probation officer or any peace officer with power to arrest may arrest a parolee without a warrant if there is probable cause to believe that the parolee has committed acts that would constitute a violation of his or her parole.

          4.  Except as otherwise provided in subsection 5, after arresting a paroled prisoner for violation of a condition of his or her parole and placing the parolee in detention or, pursuant to NRS 213.15105, in residential confinement, the arresting officer shall:

          (a) Present to the detaining authorities, if any, a statement of the charges against the parolee; and

          (b) Notify the Board of the arrest and detention or residential confinement of the parolee and submit a written report showing in what manner the parolee violated a condition of his or her parole.

          5.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he or she arrests without a warrant for violating a condition of parole if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of parole.

    NRS 213.15103  Incarceration and custody of parolee who violates condition of parole; duty of Division.

          1.  If a parolee is incarcerated in a county jail for a violation of a condition of his or her parole or because his or her residential confinement is terminated pursuant to NRS 213.15198, the sheriff of that county shall notify the Chief. If there are no other criminal charges pending or warrants outstanding for the parolee, the Division shall take custody of the parolee within:

          (a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted.

          (b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this State pursuant to NRS 213.215.

          2.  If the Division fails to take custody of a parolee within the time required by subsection 1, the Division shall reimburse the county in which the jail is situated, at a daily rate to be determined by the board of county commissioners for that county, for the cost of housing the parolee each day the parolee is incarcerated in the jail. If the Division does not certify in writing within:

          (a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted; or

          (b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this State pursuant to NRS 213.215,

    --> that continued incarceration of the parolee is necessary, the sheriff may, if there are no other criminal charges pending or warrants outstanding for the parolee, release the parolee from custody.

          3.  The provisions of this section do not apply if the Division has entered into an agreement with a county that provides otherwise.
  3. NRS 213.1511  Inquiry to determine probable cause to believe violation occurred: Inquiring officer; place and time of inquiry; oaths.

          1.  Before a parolee who has been arrested and is in custody for a violation of his or her parole may be returned to the custody of the Department of Corrections for that violation, an inquiry must be conducted to determine whether there is probable cause to believe that the parolee has committed acts that would constitute such a violation.

          2.  The inquiry must be conducted before an inquiring officer who:

          (a) Is not directly involved in the case;

          (b) Has not made the report of the violation; and

          (c) Has not recommended revocation of the parole,

    --> but the inquiring officer need not be a judicial officer.

          3.  Except in a case where the parolee is a fugitive, the inquiry must be held at or reasonably near the place of the alleged violation or the arrest and within 15 working days after the arrest.

          4.  Any conviction for violating a federal or state law or a local ordinance, except a minor traffic offense, which is committed while the prisoner is on parole constitutes probable cause for the purposes of subsection 1 and the inquiry required therein need not be held.

          5.  For the purposes of this section, the inquiring officer may administer oaths.

    NRS 213.1513  Inquiry to determine probable cause to believe violation occurred: Notice to parolee; rights of parolee.

          1.  The Board or detaining authority shall give the arrested parolee advance notice of:

          (a) The place and time of the inquiry.

          (b) The purpose of the inquiry.

          (c) What violations of the conditions of his or her parole have been alleged.

          2.  The inquiring officer shall allow the parolee to:

          (a) Appear and speak on his or her own behalf.

          (b) Obtain counsel.

          (c) Present any relevant letters or other documents and any person who can give relevant information.

          (d) Confront and question any person who appears against the parolee unless, in the opinion of the inquiring officer, the informant would be subjected to a risk of harm by the disclosure of his or her identity.

    NRS 213.1515  Inquiry to determine probable cause to believe violation occurred: Findings and determinations of inquiring officer; continued detention of parolee.

          1.  Upon completion of the inquiry, the inquiring officer shall:

          (a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given in support of parole revocation and the parolee's position and responses.

          (b) Determine whether there is probable cause to hold the parolee for a Board hearing on parole revocation.

          2.  If the inquiring officer determines that there is probable cause, his or her determination is sufficient to warrant the parolee's continued detention and return to prison pending the Board's hearing.

    NRS 213.15105  Placement of alleged parole violator in residential confinement pending inquiry.  The Chief Parole and Probation Officer may, in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198, order any parolee who is arrested pursuant to NRS 213.151 to be placed in residential confinement in lieu of detention in a county jail pending an inquiry to determine whether there is probable cause to believe that the parolee has committed any act which would constitute a violation of his or her parole.

    NRS 213.1517  Actions by Chief and Board after determination of existence of probable cause to continue detention of paroled prisoner.

          1.  Where the inquiring officer has determined that there is probable cause for a hearing by the Board, the Chief may, after consideration of the case and pending the next meeting of the Board:

          (a) Release the arrested parolee again upon parole;

          (b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or

          (c) Suspend his or her parole and return the parolee to confinement.

          2.  The Chief shall take whichever action under subsection 1 the Chief deems appropriate within:

          (a) Fifteen days if the prisoner was paroled by the Board.

          (b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.215. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.

          3.  Except as otherwise provided in subsection 4, if a determination has been made that probable cause exists for the continued detention of a paroled prisoner, the Board shall consider the prisoner's case within 60 days after his or her return to the custody of the Department of Corrections or his or her placement in residential confinement pursuant to subsection 1.

          4.  If probable cause for continued detention of a paroled prisoner is based on conduct which is the subject of a new criminal charge, the Board may consider the prisoner's case under the provisions of subsection 3 or defer consideration until not more than 60 days after his or her return to the custody of the Department of Corrections following the final adjudication of the new criminal charge.
  4. Hornback v. Warden, Nev. State Prison, 97 Nev. 98, 625 P.2d 83 (1981)(Appellant suffered a deprivation of due process in his parole revocation hearing because he was not given an opportunity to cross-examine the arresting police officer).
  5. Correspondence with David M. Smith, Hearing Examiner II, Nev. Bd. of Parole Comm'rs (Oct. 2, 2017).
  6. NRS 213.1518  Effect of violation of condition of parole, forfeiture and restoration of credits for good behavior.

          1.  If a parolee violates a condition of his or her parole, the parolee forfeits all or part of the credits for good behavior earned by the parolee pursuant to chapter 209 of NRS after his or her release on parole, in the discretion of the Board.

          2.  A forfeiture may be made only by the Board after proof of the violation and notice to the parolee.

          3.  The Board may restore credits forfeited for such reasons as it considers proper.

          4.  The Chief shall report to the Director of the Department of Corrections any forfeiture or restoration of credits pursuant to this section.

    NRS 213.15185  When paroled prisoner deemed escaped prisoner; loss of credits for good behavior; service of unexpired term of imprisonment.

          1.  A prisoner who is paroled and leaves the State without permission from the Board or who does not keep the Board informed as to his or her location as required by the conditions of his or her parole shall be deemed an escaped prisoner and arrested as such.

          2.  Except as otherwise provided in subsection 2 of NRS 213.1519, if parole is lawfully revoked and the parolee is thereafter returned to prison, the parolee forfeits all previously earned credits for good behavior earned to reduce his or her sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board.

          3.  Except as otherwise provided in subsection 2 of NRS 213.1519, the Board may restore any credits forfeited pursuant to subsection 2.

          4.  Except as otherwise provided in NRS 213.15187, the time a person is an escaped prisoner is not time served on his or her term of imprisonment.

    NRS 213.15187  Conviction and incarceration of paroled prisoner in other jurisdiction; revocation or continuation of parole.

          1.  Except as otherwise provided in subsection 2, if a prisoner who is paroled by this state is convicted of and incarcerated for a new crime in a jurisdiction outside of this state, the time during which the prisoner is incarcerated in the other jurisdiction is not time served on his or her term of imprisonment in this state.

          2.  The Board may:

          (a) Revoke the parole of a prisoner described in subsection 1 immediately and allow the time during which the prisoner is incarcerated in the other jurisdiction to be time served on his or her term of imprisonment in this state;

          (b) Revoke the parole of a prisoner described in subsection 1 at a later date that the Board specifies and allow the time during which the prisoner is incarcerated in the other jurisdiction after the date on which the parole is revoked to be time served on his or her term of imprisonment in this state;

          (c) Continue the parole of a prisoner described in subsection 1 immediately and allow the parole of the prisoner to run concurrently with the time served in the other jurisdiction; or

          (d) Continue the parole of a prisoner described in subsection 1 at a later date that the Board specifies and allow the parole of the prisoner to run concurrently with the time served in the other jurisdiction after the date on which the parole is continued.

    NRS 213.1519  Effect of parole revocation.

          1.  Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:

          (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and

          (b) Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.

    --> The Board may restore any credits forfeited under this subsection.

          2.  A parolee released on parole pursuant to subsection 1 of NRS 213.1215 whose parole is revoked for having been convicted of a new felony:

          (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;

          (b) Must serve the entire unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence; and

          (c) May not again be released on parole during his or her term of imprisonment.

          3.  A parolee released on parole pursuant to subsection 2 of NRS 213.1215 whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:

          (a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;

          (b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board; and

          (c) Must not be considered again for release on parole pursuant to subsection 2 of NRS 213.1215 but may be considered for release on parole pursuant to NRS 213.1099, with rehearing dates scheduled pursuant to NRS 213.142.

    --> The Board may restore any credits forfeited under this subsection.

    NRS 213.15193  Residential confinement of alleged violator of parole: Requirements; electronic supervision.

          1.  Except as otherwise provided in subsection 6, the Chief may order the residential confinement of a parolee if the Chief believes that the parolee does not pose a danger to the community and will appear at a scheduled inquiry or hearing.

          2.  In ordering the residential confinement of a parolee, the Chief shall:

          (a) Require the parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and

          (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be to determine whether the parolee is complying with the terms of his or her confinement.

          3.  An electronic device approved by the Division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the parolee, including, without limitation, the transmission of still visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolee's presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

          (a) Oral or wire communications or any auditory sound; or

          (b) Information concerning the activities of the parolee,

    --> must not be used.

          4.  The Chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.

          5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence of the parolee.

          6.  The Chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the Chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

    NRS 213.15195  Residential confinement of alleged violator of parole: Terms and conditions; notification of parolee.

          1.  In ordering a parolee to be placed in residential confinement, the Chief Parole and Probation Officer may establish the terms and conditions of that confinement.

          2.  The Chief Parole and Probation Officer may, at any time, modify the terms and conditions of the residential confinement.

          3.  The Chief Parole and Probation Officer shall cause a copy of his or her order to be delivered to the parolee.

    NRS 213.15198  Residential confinement of alleged violator of parole: Termination by Chief Parole and Probation Officer.

          1.  The Chief Parole and Probation Officer may terminate the residential confinement of a parolee and order the detention of the parolee in a county jail pending an inquiry or hearing if:

          (a) The parolee violates the terms or conditions of his or her residential confinement; or

          (b) The Chief Parole and Probation Officer, in his or her discretion, determines that the parolee poses a danger to the community or that there is a reasonable doubt that the parolee will appear at the inquiry or hearing.

          2.  A parolee has no right to dispute a decision to terminate his or her residential confinement.

    NRS 213.152  Residential confinement of violator of parole: Authority of Board; confinement to residence, facility or institution of Department of Corrections; requirements; electronic supervision.

          1.  Except as otherwise provided in subsection 7, if a parolee violates a condition of his or her parole, the Board may order the parolee to a term of residential confinement in lieu of suspending his or her parole and returning the parolee to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.

          2.  In ordering the parolee to a term of residential confinement, the Board shall:

          (a) Require:

                 (1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and

                 (2) Intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be in order to determine whether the parolee is complying with the terms of his or her confinement; or

          (b) Require the parolee to be confined to a facility or institution of the Department of Corrections for a period not to exceed 6 months. The Department may select the facility or institution in which to place the parolee.

          3.  An electronic device approved by the Division may be used to supervise a parolee ordered to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the parolee, including, but not limited to, the transmission of still visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolee's presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

          (a) Oral or wire communications or any auditory sound; or

          (b) Information concerning the activities of the parolee,

    --> must not be used.

          4.  A parolee who is confined to a facility or institution of the Department of Corrections pursuant to paragraph (b) of subsection 2:

          (a) May earn credits to reduce his or her sentence pursuant to chapter 209 of NRS; and

          (b) Shall not be deemed to be released on parole for purposes of NRS 209.447 or 209.4475 during the period of that confinement.

          5.  The Board shall not order a parolee to a term of residential confinement unless the parolee agrees to the order.

          6.  A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.

          7.  The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

          8.  As used in this section:

          (a) “Facility” has the meaning ascribed to it in NRS 209.065.

          (b) “Institution” has the meaning ascribed to it in NRS 209.071.

    NRS 213.1524  Residential confinement of violator of parole: Terms and conditions; notification of parolee.

          1.  In ordering a parolee to a term of residential confinement, the Board may establish the terms and conditions of that confinement.

          2.  The Board may, at any time, modify the terms and conditions of the residential confinement.

          3.  The Board shall cause a copy of its order to be delivered to the parolee.

    NRS 213.1526  Residential confinement of violator of parole: Violation of term or condition.  If it is determined that the parolee violated any term or condition of his or her residential confinement, the order may be rescinded, modified or continued, and his or her parole may be revoked.

    NRS 213.1528  Residential confinement of violator of parole: Program of supervision.  The Board shall establish procedures to administer a program of supervision for parolees who are ordered to a term of residential confinement pursuant to NRS 213.152.
  7. Nevada Board of Parole Commissioners Hearings.

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