SUMMARY--Makes various changes to provisions that govern sentencing of certain convicted persons. (BDR 14-1036)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to convicted persons; authorizing the establishment of an intermediate correctional program for certain convicted persons; authorizing the establishment of residential centers for certain convicted persons; eliminating the program of evaluation of certain convicted persons upon the establishment of the intermediate correctional programs; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The division may establish and administer in any county an intermediate correctional program for persons who are ordered to participate in the program pursuant to section 3 of this act.
2. The program must include, without limitation:
(a) Strenuous physical exercise;
(b) Hard labor;
(c) Military drills; and
(d) Training in life skills.
3. As used in this section, "training in life skills" includes, without limitation, training in the areas of:
(a) Parenting;
(b) Improving human relationships;
(c) Preventing domestic violence;
(d) Maintaining emotional and physical health;
(e) Preventing abuse of alcohol and drugs;
(f) Preparing for and obtaining employment; and
(g) Budgeting, consumerism and personal finances.
Sec. 3. 1. If a person is at least 18 years of age and has been convicted of a felony that does not involve an act of violence, the appropriate authority may order the person to complete successfully the intermediate correctional program established pursuant to section 2 of this act:
(a) As a condition of probation or suspension of sentence;
(b) As a condition of parole, as set forth in section 11 of this act;
(c) In lieu of causing the sentence imposed to be executed upon a violation of a condition of probation or suspension of sentence, as set forth in subsection 4 of NRS 176.221;
(d) For a violation of a condition of parole, as set forth in section 12 of this act; or
(e) As a condition of his residential confinement pursuant to NRS 209.392 or 209.429.
2. If a person is ordered to complete the intermediate correctional program, he must be placed under the supervision of the division for not more than 190 days and the division:
(a) Shall determine the eligibility of the person to participate in the program not later than 30 days after the person is placed under the supervision of the division; and
(b) If it determines that the person is ineligible for the program, shall return the person to the appropriate authority that ordered him to complete the program.
3. If the person who is ordered to complete the intermediate correctional program:
(a) Successfully completes the intermediate correctional program, the division shall:
(1) Return the person to the appropriate authority that ordered the person to complete the program; and
(2) Provide certification to the appropriate authority that ordered the person to complete the program that the person successfully completed the program;
(b) Fails to complete successfully the intermediate correctional program, the failure constitutes a violation of the person's probation, parole or residential confinement and the division shall return the person to the appropriate authority that ordered the person to participate in the program.
Sec. 4. NRS 176.0125 is hereby amended to read as follows:
176.0125The commission shall:
1. Identify and study the elements of this state's system of criminal justice [which] that affect the sentences imposed for felonies and gross misdemeanors.
2. Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing [which] that are employed in this state and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, the intermediate correctional program, imprisonment, mandatory and minimum sentencing, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement , residential centers and alternatives to incarceration.
3. Recommend changes in the structure of sentencing in this state which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:
(a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.
(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.
(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.
(d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.
(e) Offenders sentenced to imprisonment must receive sentences [which] that do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.
(f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.
(g) Offenders must receive sentences [which] that are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender's acts before, during and after commission of the offense.
4. Compile and develop statistical information concerning sentencing in this state.
5. For each regular session of the legislature, prepare a comprehensive report including the commission's recommended changes in the structure of sentencing in this state, the commission's findings and any recommendations of the commission for proposed legislation. The report must be submitted to the legislature not later than 10 days after the commencement of the session.
Sec. 5. NRS 176.105 is hereby amended to read as follows:
176.1051. If a defendant is found guilty and is [:
(a) To be committed to the custody of the director of the department of prisons for an evaluation by the department, the judgment of conviction must set forth the plea, the verdict or finding and the adjudication.
(b) Sentenced] sentenced as provided by law, the judgment of conviction must set forth:
[(1)] (a) The plea;
[(2)] (b) The verdict or finding;
[(3)] (c) The adjudication and sentence, including the date of the sentence, any term of imprisonment, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
[(4)] (d) The exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the clerk.
Sec. 6. NRS 176.175 is hereby amended to read as follows:
176.175As used in NRS 176.175 to 176.245, inclusive [:] , and sections 2 and 3 of this act:
1. "Board" means the state board of parole commissioners.
2. "Court" means a district court of the State of Nevada.
3. "Parole and probation officer" means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.
5. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or chief parole and probation officer.
6. "Surety bond" means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.
Sec. 7. NRS 176.221 is hereby amended to read as follows:
176.221If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, if any, of the chief parole and probation officer. Upon determining that the probationer has violated a condition of his probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning him to the court for violation of his probation. The court may:
1. Continue or revoke the probation or suspension of sentence;
2. Order the probationer to a term of residential confinement pursuant to NRS 176.2231;
3. Order the probationer to undergo a program of regimental discipline pursuant to NRS 176.2248;
4. Order the probationer to participate in and complete the intermediate correctional program pursuant to section 3 of this act;
5. Cause the sentence imposed to be executed; or
[5.] 6. Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the chief parole and probation officer recommends that the sentence of a probationer be modified and the modified sentence be executed, he shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided his current address to the division. The notice must inform the victim that he has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of his probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the chief parole and probation officer has complied with the provisions of this subsection. The chief parole and probation officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address.
Sec. 8. NRS 209.341 is hereby amended to read as follows:
209.341The director shall:
1. With the approval of the board, establish a system of initial classification and evaluation for offenders who are [committed to him for evaluation by the department or] sentenced to imprisonment in the state prison; and
2. Assign every person who is [committed to him for evaluation by the department or who is] sentenced to imprisonment in the state prison to an appropriate institution or facility of the department. The assignment must be based on an evaluation of the offender's records, particular needs and requirements for custody.
Sec. 9. NRS 209.385 is hereby amended to read as follows:
209.3851. Each offender committed to the custody of the department for [evaluation or] imprisonment shall submit to such initial tests as the director determines appropriate to detect exposure to the human immunodeficiency virus. Each [such] test must be approved by regulation of the state board of health. At the time the offender is committed to custody and after [any] an incident involving the offender:
(a) The appropriate approved tests must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of [any] an initial test are positive, the offender shall submit to [such] supplemental tests [as] that the director determines appropriate. Each [such] test must be approved for the purpose by regulation of the state board of health.
3. If the results of [any] a supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of [any] a supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. [Any] A person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt [such regulations as] regulations that are necessary to carry out the provisions of this section.
6. As used in this section:
(a) "Incident" means [any] an occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
(b) "Infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex.
Sec. 10. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 19, inclusive, of this act.
Sec. 11. Upon the granting of parole to a prisoner, the board may require as a condition of parole that the parolee participate in and complete the intermediate correctional program pursuant to section 3 of this act.
Sec. 12. 1. If a parolee violates a condition of his parole, the board may order him to participate in and complete the intermediate correctional program pursuant to section 3 of this act in lieu of revoking his parole and returning him to confinement.
2. In determining whether to order the parolee to complete the intermediate correctional program, the board shall consider:
(a) The criminal record of the parolee; and
(b) The safety of the public.
3. The board shall not order the parolee to participate in an intermediate correctional program if the time required to complete the program is longer than the unexpired maximum term of the parolee's original sentence.
Sec. 13. As used in sections 13 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 14 to 17, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 14. "Bureau" means the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.
Sec. 15. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 16. "Offender" means a person who is assigned to the custody of the division pursuant to NRS 209.392 or 209.429.
Sec. 17. "Participant" means a person who is ordered to participate in the intermediate correctional program pursuant to section 3 of this act.
Sec. 18. 1. The bureau may:
(a) Establish residential centers to be used for the long-term transitional housing and treatment of offenders, parolees and participants who are approved by the division to reside in the centers;
(b) Contract with organizations that are based in the community to provide needed services to offenders, parolees and participants and to operate the residential centers; and
(c) Adopt regulations that are necessary to carry out the provisions of sections 13 to 19, inclusive, of this act.
2. The division shall provide supervision of the offenders, parolees and participants who reside at the residential centers established pursuant to subsection 1.
Sec. 19. 1. Each offender, parolee or participant who resides in a residential center shall pay a fixed monthly amount from his wages and other earnings to the residential center in which he resides to defray the cost of providing him with housing and meals.
2. The residential center in which an offender, parolee or participant resides shall fix the amount to be paid by the offender, parolee or participant pursuant to subsection 1 in accordance with his ability to pay.
Sec. 20. NRS 213.107 is hereby amended to read as follows:
213.107As used in NRS 213.107 to 213.157, inclusive, and sections 11 and 12 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Chief" means the chief parole and probation officer.
3. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. "Sex offender" means any person who has been or is convicted of a sexual offense.
6. "Sexual offense" means:
(a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. "Standards" means the objective standards for granting or revoking parole or probation [which] that are adopted by the board or the chief.
Sec. 21. NRS 176.158 is hereby repealed.
Sec. 22. 1. Except as otherwise provided in subsection 2, this act becomes effective on October 1, 1997.
2. Sections 5, 8, 9 and 21 of this act become effective on the date that a sufficient number of intermediate correctional programs become operational as determined by the division of parole and probation of the department of motor vehicles and public safety.
TEXT OF REPEALED SECTION
176.158Commitment to custody of director of department of prisons; conduct of evaluation; report and recommendations; sentencing.
1. If a defendant has:
(a) Been convicted of a felony for which he may be sentenced to imprisonment; and
(b) Never been sentenced to imprisonment as an adult for more than 6 months,
the court may, before sentencing the defendant and in lieu of ordering the defendant to complete a program of regimental discipline pursuant to NRS 176.2248, commit him to the custody of the director of the department of prisons for not more than 120 days. The period of commitment may be extended once for another period of 60 days at the request of the department of prisons. During the time for which a defendant is committed to the custody of the director, the director may assign the defendant to appropriate programs of rehabilitation to facilitate the evaluation of the defendant required under subsection 2.
2. The department of prisons shall conduct a complete evaluation of the defendant during the time of commitment under this section, and shall inquire into such matters as his previous delinquency or criminal record, social background and capabilities, his mental, emotional and physical health, and the resources and programs available to suit his needs for rehabilitation.
3. The department of prisons shall return the defendant to the court not later than the end of the period for which he was committed under this section and provide the court with a report of the results of its evaluation, including any recommendations which it believes will be helpful to the court in determining the proper sentence.
4. Upon receiving the report and recommendations, the court shall sentence the defendant to:
(a) An appropriate term of imprisonment the duration of which must be computed from the date of commitment under subsection 1; or
(b) Probation, a condition of which must be that the defendant serve a number of days in the state prison equal to or greater than the number of days spent in confinement under subsection 1, including the day of commitment.