Fairness sought with changes to parole formula

Kim Smith

Friday, Oct. 12, 2001 | 10:17 a.m.

Citing inequities in the way murderers and sex offenders are being treated at parole hearings, the state Board of Parole Commissioners agreed Thursday to make some changes.

After legislators in 1995 decided to increase the penalties for first and second-degree murderers and sex offenders, the commissioners in 1999 changed the formula they were using to determine parole eligibility.

As a result, murderers who committed their crimes prior to 1995 were being accessed the same way more recent murderers were being accessed despite the fact that their minimum prison sentences differed by 10 years.

On Thursday, board members agreed they would adjust their formulas to take into consideration what the minimum sentence was at the time the inmate was incarcerated.

Commissioner Tami Bass voted against the change, noting that commissioners have always had the ability to deviate from the guidelines. She said she could not remember a time when she didn't parole someone she thought worthy -- regardless of the score they may have achieved.

David Smith, a management analyst for the board, said no statistics are available to show how many, if any, prisoners were denied parole based solely on the formula changes implemented by the board in 1999.

The board also voted Thursday to give credit to all potential parolees for each time they successfully completed a term of community supervision in the past -- whether it was parole, probation or some other type of supervision program.

The members also voted to deduct points from prospective parolees who were on parole in other states when they were convicted and imprisoned in Nevada.

They also voted to deduct points from another class of inmates who have failed community supervision in the past -- those who are still technically inmates, but who are currently serving their time on the streets. They include certain DUI offenders and other non-violent offenders.

Up until Thursday, no credits were given for the successful completion of community supervision, and not all prospective parolees had points deducted for failures.

In addition, the board voted that prospective parolees who were "dishonorably discharged" from community supervision in the past will have points deducted.

Offenders can successfully complete their probation or parole, have their probation or parole revoked or be dishonorably discharged.

The board voted to look with disfavor on dishonorable discharges despite the fact the Division of Parole and Probation counts them as successful completions when writing pre-sentence investigation reports.

Commissioner James Allen said he doesn't believe the credits and deductions will change the number of prisoners released. Instead, it will make the formula the commissioners use more "valid."

The board is required by statute to complete a comprehensive review of its parole standards every two years. The changes made Thursday were made during that review.