Nevada § 213.12155 - Geriatric parole: When authorized; application; list of eligible prisoners; hearing; considerations; determination; supervision; regulations

§ 213.12155. Geriatric parole: When authorized; application; list of eligible prisoners; hearing; considerations; determination; supervision; regulations

1. Notwithstanding any other provision of law, the Board may grant geriatric parole

to a prisoner if he or she: (a) Has not been convicted of: (1) A crime of violence; (2) A crime against a child as defined in NRS 179D.0357 ; (3) A sexual offense; (4) Vehicular homicide pursuant to NRS 484C.130 ; or (5) A violation of NRS 484C.430 ; (b) Has not been found to be a habitual criminal pursuant to NRS 207.010 ; (c) Is not serving a sentence of life imprisonment without the possibility of parole

and has not been sentenced to death; (d) Does not pose a significant and articulable risk to public safety; and (e) Is 65 years of age or older and has served at least a majority of the maximum

term or maximum aggregate term, as applicable, of his or her sentence. 2. Consideration for geriatric parole may be initiated by the submission of a written

application and supporting documentation to the Board, including, without limitation,

relevant medical records, plans for parole, program participation records, institutional

records, documents concerning eligibility for Medicaid or Medicare and any other relevant

documents, from: (a) A prison official or employee; (b) A prisoner; (c) An attorney or representative of a prisoner; (d) A family member of a prisoner; or (e) A medical or mental health professional. 3. Not later than 15 days after receipt of an application submitted pursuant to subsection

2, the Board shall notify the Department of the application and request verification

of the prisoner's age and the length of time the prisoner has spent in the custody

of the Department. 4. Upon receipt of a request from the Board submitted pursuant to subsection 3, if

the Department determines that the prisoner: (a) Meets the criteria set forth in subsection 1, the Department shall: (1) Notify the Board of the prisoner's eligibility for consideration of geriatric

parole; (2) Place the prisoner on the next available list of persons eligible for parole pursuant

to NRS 209.254 ; and (3) Provide to the Board a report prepared in accordance with paragraph (c) of subsection

1 of NRS 213.131 . (b) Does not meet the criteria set forth in subsection 1, the Department shall notify

the Board and explain the reasons for such a determination. 5. Upon receipt of the list prepared pursuant to NRS 209.254 , the Board shall, after sending copies of the list to all law enforcement agencies

in this State and other appropriate persons in accordance with subsection 5 of NRS 213.1085 , schedule a hearing to consider the geriatric parole of an eligible prisoner whose

name appears on the list. 6. Except as otherwise provided in subsection 7, the Board shall schedule and conduct

the geriatric parole hearing of a prisoner in the same general manner in which other

prisoners are considered for parole. The Board shall notify the prisoner and the person submitting the application pursuant

to subsection 2 of the date, time and location of the geriatric parole hearing. 7. When determining whether to grant geriatric parole to a prisoner, the Board must

consider: (a) The prisoner's: (1) Age; (2) Behavior while in custody; and (3) Potential for violence; (b) The reported severity of any illness, disease or infirmity of the prisoner; and (c) Any available alternatives for maintaining geriatric inmates or inmates who have

a medical condition in traditional settings. 8. The Board shall notify a prisoner of the Board's decision as to whether to grant

geriatric parole in accordance with subsection 11 of NRS 213.131 . 9. At the time of the release of a prisoner on geriatric parole, the Board shall prescribe

the terms and conditions of the geriatric parole. 10. A person who is granted geriatric parole pursuant to this section is under the

supervision of the Division. The Division is responsible for supervising the person's compliance with the terms

and conditions prescribed by the Board. 11. Except as otherwise provided in this subsection, the Board shall not take any

action on an application submitted pursuant to subsection 2 if the prisoner to whom

the application pertains was previously denied geriatric parole and less than 24 months

have elapsed since the most recent denial. The Board may take action on such an application if a shorter period has been prescribed

by the Board or a request is made by the Director of the Department because of the

adverse health of the prisoner. 12. The provisions of this section are not intended to replace the provisions relating

to the general eligibility and consideration of parole provided in NRS 213.1099 and 213.1215 . 13. The Board shall adopt any regulations necessary to carry out the provisions of

this section. 14. As used in this section, “ Department ” means the Department of Corrections.