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(a) Eligibility for Parole.

(1) Except as otherwise provided in this section, a defendant sentenced to and serving a term of imprisonment more than 60 days shall be eligible to petition the court for release on parole after having served one-half of the time sentenced.

(2) Parole may be granted as provided herein to a defendant who has demonstrated good behavior while imprisoned.

(3) Parole shall not be considered or granted to a defendant who has been convicted of an offense involving death or serious bodily injury of a victim of the offense, unless the defendant has been sentenced to consecutive sentences totaling in excess of one year. In such cases, consideration for parole may be given only after the defendant has served one year under such sentence.

(4) The provisions for parole contained in this section shall apply only to confinement in a jail or penitentiary and shall not apply to confinement ordered in a medical or rehabilitative treatment facility.

(b) Petition for Parole.

(1) Parole may be granted by the judge on his own motion or on the petition of an imprisoned defendant.

(2) Any defendant eligible for parole as set forth in subsection (a) of this section may petition the court for parole. A petition may be made in any written form that will reasonably inform the court of the defendant’s desire for parole. Upon request, a defendant shall be allowed an opportunity to contact and meet with a representative of his choice at the jail to aid in the preparation of the petition for parole. The completed petition shall be forwarded without unnecessary delay to the court by the defendant’s representative or the jailer.

(c) Consideration of Parole.

(1) Upon receipt of a petition for parole, the judge shall have the Clerk of the Court prepare a report stating the term for which the defendant was sentenced, the offense(s) charged and the time served. The report may include a sworn statement from the appropriate jailer regarding the conduct of the defendant while in jail, and any other information deemed relevant by the court.

(2) Unless the defendant is not eligible for parole under the time requirements of subsections (a)(1) and (3) of this section, the judge shall schedule a hearing within 14 days of receipt of the petition, on the issue of the defendant’s eligibility for parole for good behavior under subsection (a)(1) of this section.

(3) A hearing shall be held at which the defendant shall have the right to present evidence and to be represented pursuant to LVPTC 4.10.030(a). The court may, after consideration of all relevant factors, grant parole to a defendant upon any or all of the conditions set forth in LVPTC 4.70.120(b) for the granting of probation. Parole shall be granted for a period of time no longer than the defendant’s remaining sentence.

(4) The judge’s decision to grant or refuse parole shall be reviewable only for an abuse of discretion.

(d) Procedures and Conditions of Parole. After parole is granted the defendant shall be subject to the same procedures and conditions as if he were originally placed on probation. The judge shall have the power to modify or revoke the parole as provided in LVPTC 4.70.120 for defendants on probation.

Comment: This section is in its original adopted version.

[Res. 10-27-77B, 1977. Prior Code § 4-70-130.]