Parole boss defends new procedures

Friday, April 5, 1996 | 11:59 a.m.

CARSON CITY -- James Weller, director of the state Department of Motor Vehicles and Public Safety, says his parole division is fully enforcing the new truth-in-sentencing law.

Weller said there has been a "confusing array of quotes" surrounding the new policy of the state Division of Parole and Probation.

He said the parole division is not reducing any mandatory minimum sentences served by inmates.

The division last month notified all district judges that it will be changing its strategy in recommending sentences for those convicted of gross misdemeanors and felonies.

Carlos Concha, deputy director of parole and probation, said because of the increase in inmates at the state prison, the division is changing the way it recommends its penalties.

What has happened, he said, is that inmates are now getting longer minimum sentences than before the 1995 truth-in-sentencing law. In the future, his office will be recommending that minimum sentences, if they are not specified in law, will be for the same length as prior to the new law.

Weller said the parole recommendations to judges are guidelines.

"Officers of my department are able to adjust their recommendations up or down depending on each individual case," Weller said. "Once these are sent to the courts, judges are under no obligation to adhere to them when handing down sentences."

Sen. Mark James, R-Las Vegas, the chief architect of the truth-in-sentencing law, said the action by the parole division was premature.

This law hasn't been in effect one year but the division is already adjusting its guidelines, he complained. The intent of the law was to provide tougher sentences, James said, and that may cost more.

Weller responded: "In no way has any departmental policy or procedure reduced any mandatory minimum sentence served by any Nevada inmate nor will that situation ever occur." He said the law lengthened sentences for violent and dangerous criminals.

The dispute, however is about minimum sentences. Concha said a review of the law shows that inmates are serving longer minimum sentences than before the law was enacted.

He said his division is recommending that the minimum sentences for parole be the same as before the 1995 law.