MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session March 30, 1995 The Committee on Judiciary was called to order at 8:10 a.m., on Thursday, March 30, 1995, Chairman Anderson presiding in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Bernie Anderson, Chairman Ms. Barbara E. Buckley, Vice Chairman Mr. Brian Sandoval, Vice Chairman Mr. Thomas Batten Mr. John C. Carpenter Mr. David Goldwater Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Ms. Dianne Steel Ms. Jeannine Stroth COMMITTEE MEMBERS EXCUSED: Mr. David E. Humke, Chairman Mr. Michael A. (Mike) Schneider STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Joi Davis, Committee Secretary OTHERS PRESENT: Glen Whorton, Department of Prisons Robert Bayer, Director, Department of Prisons Richard Wyett, Parole and Probation Alan Barnes, Parole and Probation James Jackson, State Public Defender Rob Calderone, Washoe Juvenile Probation John Sarb, Division of Child and Family Services Margaret Springgate, Governor's Office Chairman Anderson announced a quorum was present. ASSEMBLY BILL 317 - Makes various changes related to juvenile courts, sentencing, crimes and punishments. Bob Bayer, Director, Department of Prisons continued his discussions regarding A.B. 317 remaining from yesterday, March 29, 1995. Mr. Bayer reiterated they support A.B. 317. He lead the committee through his working document outlining changes he would present to the bill. This document is attached as (Exhibit C). He stated they are in support of any kind of victim notification whatsoever. He clarified they look at the eligibility of residential confinement programs in more than just what it will mean to them--bed availability. They are constantly providing the organizations involved, Parole and Probation, etc., with feedback as to eligibility requirements. Mr. Bayer suggested a language change regarding prior felonies in the state contained on page 19, line 38. He also addressed the 305 program currently in existence and how it affects the bill. He stated they support the enactment of a Sentencing Commission because the make-up of the commission would allow all the proper entities to present pertinent considerations and provide the Legislature with the appropriate numbers. A discussion was held regarding the eligibility requirements of residential confinement programs. It was concluded by Mr. Bayer that the drug and property offenders are the most likely candidates to be placed in a residential confinement program, eliminating about 1200 sentences, including violent, sexual offenders. Upon Mr. Sandoval's inquiry, an arsonist would be excluded from the program. Mr. Glen Whorton, Nevada Department of Prisons, stated selecting participants for reduced custody levels is done by reviewing the offense, the sentence, and the circumstances surrounding the offense provided to them by the Division of Parole and Probation. Chairman Anderson requested clarification from Mr. Whorton regarding the eligibility requirements based on previous testimony on that issue. Mr. Bayer clarified his testimony from yesterday regarding his reference to a letter to the Chief of the Department of Parole and Probation, from the Director of Prisons, Ron Angelone dated November 4, 1992. The letter is attached hereto as (Exhibit D). Further discussion was held regarding the Sentencing Commission, and the eligibility requirements for residential confinement programs. Ms. Steel stated she was not a fan of establishing a Sentencing Commission. Mr. Sandoval stated he felt there should be a literacy requirement for those offenders under consideration for residential confinement. Chairman Anderson reminded the committee to review the ACR 71 Study as it contains much information on eligibility requirements for residential confinement and literacy issues. Richard Wyett, Department of Parole and Probation, testified in support of A.B. 317. He stated there has been much success of the 305 program relating to DUI and that success is as a result of many hours of hard work by many people. In addition, the 305 program was initially budgeted for Washoe and Clark Counties only; however, they have been able to expand the program to the rural counties without asking for any more money. Mr. Wyett addressed Section 27 of A.B. 317 as it currently reads and some amendments already brought forth. They believe people in house arrest should be allowed to work since employment helps pay for the program and assists these people in supporting their families. Currently, out of the 12,078 people under supervision, 114 of them are under house arrest. Chairman Anderson clarified for the committee the percentage of house arrest participants is not substantial. Upon Ms. Steel's inquiry, Mr. Carlos Concha, Department of Parole and Prisons, stated they prefer the majority of participants pay for house arrest but if they cannot the state has allocated funds for the 305 progam. Upon addititional inquiry by Ms. Steel, Mr. Concha stated approximately 30% of the participants do not pay and the cost is $7 per day. Chairman Anderson pointed out after a participant becomes employed, reimbursement for the program may be enacted. Chairman Anderson referred the committee to a hand-out provided yesterday by Mr. Humke which addresses the mechanics of house arrest and residential confinement programs including the cost of such programs. The handout is attached hereto as (Exhibit E). Alan Barnes, Nevada Division of Parole and Probation, LifeSkills Coordinator, testified in support of A.B. 317. Mr. Barnes explained the concept of the proposed LifeSkills program. Essentially, it would provide education and employment services to offenders with an extension of counselling to their families. Mr. Barnes added the approach is holistic and commences at the time of arrest. Ms. Stroth expressed her concern for the eligibility of illegal aliens in the LifeSkills program, if initiated. Mr. Barnes stated they have considered English as a Second Language (ESL) as a part of LifeSkills to address the illegal alien population. Further, if the offender is in holding to be deported, they will not likely be considered candidates for the LifeSkills program. He concluded by stating LifeSkills is currently being considered for Washoe and Clark Counties. James Jackson, Nevada State Public Defender, testified in support of A.B. 317 stating it attempts to strike a balance in crime and sentencing. He provided the committee with a copy of the case Powell v. State, 108 Nev. 700, 838 P.2d 921 (1992) attached hereto as (Exhibit F). The Powell case sets forth the Supreme Court's holding on the issue of a defendant's right to appear before a Magistrate within a certain period of time in order to be held constitutional. Rob Calderone, Director Juvenile Services of Washoe County, President, Nevada Association of Chief Probation Officers testified in support of A.B. 317. Mr. Calderone's comments were directed at the juvenile portions of the bill. He summarized they would delete the entire portion dealing with certification downward. They support the portion of Section 1 that would reduce the age to 14 for discretionary certification up. They have concerns about the definition of a deadly weapon. They would prefer the definition be more narrow. Mr. Calderone stated they agree with any inclusions regarding recognizing victims' rights. He stated confidentiality surrounding juveniles is the main issue and he has heard much pro and con on this issue. He concluded the age of 16 and over committing a felony should be open and the age of 16 and under should be left to the discretion of the juvenile judge. He stated kids in trouble start out as victims and somewhere along the way they turn into victimizers. Mr. Calderone informed the committee that the state of Washington has opened all their juvenile proceedings to the public so they may want to make inquiry as to how it is working there. John Sarb, Administrator, Division of Child & Family Services, testified in support of A.B. 317 and outlined some amendments they believe would be beneficial. Most of the amendments brought forth by Mr. Sarb had already been submitted to the committee. He provided his philosophical thoughts surrounding the treatment of juvenile offenders. Margaret Springgate, from Governor Miller's office read into the record an amendment proposed by the Governor concerning the confidentiality issue on page 7, line 23. Chairman Anderson announced a break at 9:55 a.m. and the committee reconvened at 10:15 a.m. Dennis Neilander, Research Analyst, presented the amendments brought forth so far to A.B. 317 by varying sources. Such amendments are contained in hand- written form on a copy of the bill attached hereto as (Exhibit G). There being no further business before the committee, the meeting adjourned at 10:45 a.m. RESPECTFULLY SUBMITTED: Joi Davis, Committee Secretary APPROVED BY: Assemblyman Bernie Anderson, Chairman Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary March 30, 1995 Page