NRS
213.1099 Limitations on Board’s power to release prisoners on parole.
1. Except as otherwise provided in this
section and NRS 213.1215 and 213.700 to 213.740, inclusive, the Board may release
on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.
2. In determining whether to release a
prisoner on parole, the Board shall consider:
(a) Whether there is a reasonable probability
that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the
welfare of society;
(c) The seriousness of the offense and the
history of criminal conduct of the prisoner;
(d) Whether the prisoner has been removed from an
alternative correctional program established pursuant to NRS 209.48883 for violating a term or
condition of the alternative correctional program;
(e) The standards adopted pursuant to NRS 213.10885 and the recommendation, if
any, of the Chief; and
(f) Any documents or testimony submitted by a
victim notified pursuant to NRS 213.131
or 213.10915.
3. When a person is convicted of a felony
and is punished by a sentence of imprisonment, the person remains subject to
the jurisdiction of the Board from the time the person is released on parole
under the provisions of this chapter until the expiration of the maximum term
or the maximum aggregate term of imprisonment imposed by the court, as
applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the Board may not release on
parole a prisoner whose sentence to death or to life without possibility of
parole has been commuted to a lesser penalty unless the Board finds that the
prisoner has served at least 20 consecutive years in the state prison, is not
under an order to be detained to answer for a crime or violation of parole or
probation in another jurisdiction, and does not have a history of:
(a) Recent misconduct in the institution, and has
been recommended for parole by the Director of the Department of Corrections;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of
alcohol or drugs;
(d) Repetitive sexual deviance, violence or
aggression; or
(e) Failure in parole, probation, work release or
similar programs.
5. In determining whether to release a
prisoner on parole pursuant to this section, the Board shall not consider
whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The Board shall not release on parole
an offender convicted of a sexual offense until the Central Repository for
Nevada Records of Criminal History has been provided an opportunity to give the
notice required pursuant to NRS 179D.475.
(Added to NRS by 1967,
526; A 1973,
844; 1975,
85; 1977,
414; 1981,
871; 1987,
509, 946;
1989,
1886; 1993,
2777; 1995,
28, 417,
1259,
1331,
2067,
2070;
1997,
589, 590,
591,
1686,
2508;
2001
Special Session, 200; 2007,
2775; 2011,
67; 2013,
229, 248,
384;
2023,
83; 2025,
36th Special Session, 101)
Notes of Decisions
Hayward v. Marshall (2010)
ca9 · cites it 3×
“§§ 83-1, 112, 83-4,143; Nev. Rev.Stat. §§ 213.1099-, 145; N.J. Stat.”
Geary v. State (1996)
nev · cites it 6×
“1099(4) provided that: [e]xcept as otherwise provided in NRS 213.1215, the [parole] board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at…”
Tracy Petrocelli v. Renee Baker (2017)
ca9 · cites it 4×
“” The second claim, labeled “Ground 6,” alleged that the jury instruction “inaccurately led the jury to believe that Petitioner, under Nevada law, could receive parole” even though under Nev. Rev. Stat. § 213.1099 , due to his probation violations, Petrocelli was not eligible…”
Sonner v. State (1998)
nev · cites it 4×
“He argues that this was misleading because NRS 213.1099(4) prevents him from receiving parole even if he received a sentence of life imprisonment without possibility of parole and it was modified to a life sentence with *325 the possibility of parole.”
Smith v. State (1990)
nev · cites it 7×
“NRS 213.1099(4) was enacted along with article 5, section 14(2) of the Nevada Constitution so as to become effective if and only if the constitutional amendment above was approved by the voters.”
Naovarath v. State (1989)
nev · cites it 2×
“[8] NRS 213.1099(3) provides: Except as otherwise provided in NRS 213.”
State Ex Rel. Board of Parole Commissioners v. Morrow (2011)
nev · cites it 4×
“2d 1158, 1160 (1984) (recognizing Greenholtz and holding that because “NRS 213.1099 does not create a constitutionally cognizable liberty interest sufficient to invoke the protections of the Due Process Clause, it follows that the Board is not constitutionally required to render…”
Severance v. Armstrong (1980)
nev · cites it 3×
“The statute which appellant is challenging, NRS 213.1099, provides: 1. Except as provided in subsection 2, the board [of parole commissioners] may release on parole a prisoner otherwise eligible for parole under NRS 213.”
Weakland v. Board of Parole Commissioners (1984)
nev · cites it 4×
“OPINION Per Curiam: This appeal presents a constitutional question concerning *219 Nevada’s parole release statute, NRS 213.1099. We find no merit to appellant’s contentions, and affirm.”
Calambro v. State (1998)
nev · cites it 2×
“See NRS 213.1099(4) (prisoner whose sentence has been commuted from death or life without may not be paroled if under detainer to answer for a crime in another jurisdiction).”
Cooper v. Sumner (1987)
nvd · cites it 2×
“NRS § 213.1099. However, there is no mandatory language requiring the board to release a prisoner if certain conditions are met.”
— Nev. Rev. Stat. § 213.1099(1) — 7 cases
State Ex Rel. Board of Parole Commissioners v. Morrow (2011)
nev
“2d 1158, 1160 (1984) (recognizing Greenholtz and holding that because “NRS 213.1099 does not create a constitutionally cognizable liberty interest sufficient to invoke the protections of the Due Process Clause, it follows that the Board is not constitutionally required to render…”
Weakland v. Board of Parole Commissioners (1984)
nev
“OPINION Per Curiam: This appeal presents a constitutional question concerning *219 Nevada’s parole release statute, NRS 213.1099. We find no merit to appellant’s contentions, and affirm.”
— Nev. Rev. Stat. § 213.1099(2) — 16 cases
Hayward v. Marshall (2010)
ca9
“§§ 83-1, 112, 83-4,143; Nev. Rev.Stat. §§ 213.1099-, 145; N.J. Stat.”
— Nev. Rev. Stat. § 213.1099(2)(b) — 1 case
— Nev. Rev. Stat. § 213.1099(2)(c) — 4 cases
— Nev. Rev. Stat. § 213.1099(2)(e) — 1 case
— Nev. Rev. Stat. § 213.1099(3) — 2 cases
Naovarath v. State (1989)
nev
“[8] NRS 213.1099(3) provides: Except as otherwise provided in NRS 213.”
Weakland v. Board of Parole Commissioners (1984)
nev
“OPINION Per Curiam: This appeal presents a constitutional question concerning *219 Nevada’s parole release statute, NRS 213.1099. We find no merit to appellant’s contentions, and affirm.”
— Nev. Rev. Stat. § 213.1099(4) — 7 cases
Geary v. State (1996)
nev
“1099(4) provided that: [e]xcept as otherwise provided in NRS 213.1215, the [parole] board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at…”
Sonner v. State (1998)
nev
“He argues that this was misleading because NRS 213.1099(4) prevents him from receiving parole even if he received a sentence of life imprisonment without possibility of parole and it was modified to a life sentence with *325 the possibility of parole.”
Smith v. State (1990)
nev
“NRS 213.1099(4) was enacted along with article 5, section 14(2) of the Nevada Constitution so as to become effective if and only if the constitutional amendment above was approved by the voters.”
Calambro v. State (1998)
nev
“See NRS 213.1099(4) (prisoner whose sentence has been commuted from death or life without may not be paroled if under detainer to answer for a crime in another jurisdiction).”
— Nev. Rev. Stat. § 213.1099(4)(b) — 1 case
Geary v. State (1996)
nev
“1099(4) provided that: [e]xcept as otherwise provided in NRS 213.1215, the [parole] board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at…”
— Nev. Rev. Stat. § 213.1099(4)(c) — 1 case
Geary v. State (1996)
nev
“1099(4) provided that: [e]xcept as otherwise provided in NRS 213.1215, the [parole] board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at…”
— Nev. Rev. Stat. § 213.1099(4)(e) — 1 case
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