‘Can’t do’ approach draws fire

CARSON CITY -- Legislators complained Wednesday that the state Parole Board constantly has come up with excuses why it cannot carry out a 2007 law that could have led to the early release of more than 1,300 inmates.

"There hasn't been problem solving by the Parole Board," said Assembly Speaker Barbara Buckley, D-Las Vegas. "It is 'we can't do this, we can't do that.' "

Buckley and Assemblyman Bernie Anderson, D-Sparks, complained during a meeting of the Legislative Commission that there has not been enough effort by the Parole Board to follow the law doubling the good-time credits of most of Nevada's 13,000 inmates.

The commission is a group of 12 legislators who handle business when the entire Legislature is not in session.

Legislators passed the good-time credit law in an effort to reduce the rate of growth of the prison population. Analysts released studies that showed the prison population would increase by 8,000 inmates over the next decade and require $1.9 billion in additional prison construction.

But the law has led to a backlog of at least 1,300 cases in which inmates eligible for parole have not yet received hearings.

"We have been trying to play catch-up," responded Dorla Salling, chairwoman of the Parole Board. "When the statute was changed Oct. 1, we were thousands of cases behind. There are not enough hours in a day, but we are working as fast as we can."

Salling said the board can dispose of only 700 cases per month. It is estimated that the total backlog will reach 2,400 cases by the end of June.

She said another law passed last year has lengthened the time of parole hearings and forced members to hold more hearings. That law gives inmates the right to appear in person for their parole hearing. Previously the Parole Board held many hearings without the inmate present.

But Buckley pointed out that the law requiring the presence of inmates at hearings was a response to a state Supreme Court decision requiring the Parole Board to follow the state's open meeting law.

She also said the Parole Board did not seek additional staff to deal with the backlog until November, and as yet those employees have not begun work.

If the Parole Board was concerned about having enough staff to handle the large caseload, then Buckley questioned why it had not asked the Legislature for help earlier.

During the meeting Wednesday, the Legislative Commission approved a regulation to clarify that inmates eligible for parole can waive their right to be present for a parole hearing.

This change is expected to appeal to low-risk inmates because they probably would be granted parole whether they were present or not. Because the Parole Board could handle their cases quickly, they might be released sooner if they did not appear at a hearing.

But David Smith, management analyst to the Parole Board, predicted that the new regulation would help only about 10 percent of the inmates now eligible for parole.

Before the commission approved the regulation, Buckley added a provision requiring the Parole Board to follow a new law stipulating that minimum-custody inmates must be released at least one year before their sentences expire.

She said she wanted the provision because of her concern that the Parole Board would try to find reasons to avoid quickly following the new regulation.

Buckley also requested that legislative staff attorneys monitor what the Parole Board does.

The speaker emphasized that she wants the early release only of nonviolent, low-risk inmates. "If there is any threat of safety, the expected response, of course, will be denial," Buckley said.

Assemblyman John Carpenter, R-Elko, who sits on other committees that have looked at prison overcrowding and the Parole Board, said "the attitude of the people" on the board will be the determining factor on whether it catches up with the backlog.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.