Nevada Board of Parole Commissioners v. Valentine
In this joint filing by the ACLU of Nevada and Nevada Attorneys for Criminal Justice, we argue that the state can't make it harder for people working toward rehabilitation to reenter society by imposing excessive fines and fees if they are already meeting the requirements of their parole.
The Nevada Division of Parole and Probation recommends early discharge from parole if a supervised person meets all the conditions in state law. One condition requires the person to be current with the supervision fees required by probation or parole.
A Clark County Court found that the subject of this case, Valentine, fulfilled this condition and had proven he experienced economic hardship and was eligible for relief. On appeal, the state claims that Valentine was ineligible for early discharge because he had not paid off the entire balance of supervision fees. No one disputes that Valentine paid his fees on time, but the parole agency diverted those payments to cover his outstanding restitution balance instead.
In the amicus brief, we pointed out that:
State law only requires a person to be current with supervision fee payments, not that they are paid them off in full.
The Division of Parole and Probation has no legal basis to transfer a person's supervision fees to restitution. There was no court order and no statute authorizing the agency to do it.
