Assembly Bill No. 240-Assemblymen Ohrenschall, Evans, Arberry, Price, Freeman, Mortenson, Parks, Segerblom, Neighbors, Herrera, Williams, Lambert, Collins, Koivisto, Bache, Lee and Manendo
March 5, 1997
____________
Referred to Concurrent Committees on Judiciary and Ways and Means.
SUMMARY--Requires person convicted of committing certain crime related to defrauding older person to make certain amount of restitution to victim before he may be released on parole or probation. (BDR 16-1258)
FISCAL NOTE: Effect on Local Government: Yes.
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 crimes; prohibiting the release of a person on parole or probation if he was convicted of committing a certain offense related to defrauding a person who is 65 years of age or older until the convicted person has paid a certain amount of restitution to the victim of the offense; 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 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the board shall not release on parole a prisoner whose conduct during the commission of the crime for which he was imprisoned satisfies the requirements for imposing an additional term of imprisonment pursuant to paragraph (f) or (g) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the prisoner has paid to the victim of the offense at least 80 percent of the amount of restitution set by a court pursuant to NRS 176.033.
2. The board shall not refuse to release a prisoner on parole as provided in subsection 1 unless the board determines that the prisoner has willfully failed to make restitution to the victim of the crime and the prisoner has the ability to make restitution.
Sec. 2 NRS 213.107 is hereby amended to read as follows:
213.107As used in NRS 213.107 to 213.157, inclusive, and section 1 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] 4 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 are adopted by the board or the chief.
Sec. 3 Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the court shall not grant probation to a person whose conduct during the commission of the crime for which he was convicted satisfies the requirements for imposing an additional term of imprisonment pursuant to paragraph (f) or (g) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the convicted person has paid to the victim of the offense at least 80 percent of the amount of restitution set by the court pursuant to NRS 176.033.
2. The court shall not deny probation to a person as provided in subsection 1 unless the court determines that the person has willfully failed to make restitution to the victim of the crime and the person has the ability to make restitution.
Sec. 4 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 5 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.