SUMMARY--Provides for expedited release from prison of certain terminally ill or physically incapacitated prisoners. (BDR 16-317)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to prisoners; providing a procedure for expeditious consideration of an application for commutation of the sentence of certain terminally ill or physically incapacitated prisoners; allowing the state board of pardons commissioners to make a decision on the application without a formal meeting; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. The director of the department of prisons may submit a request to the governor for expeditious consideration by the board of an application for the commutation of the sentence of a prisoner who is:
(a) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to society; or
(b) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to society.
2. The request must include:
(a) A review of the social and criminal history of the prisoner;
(b) A plan for the release of the prisoner; and
(c) The medical records of the prisoner.
3. The request must be accompanied by an affidavit of the director stating that, in his opinion, the prisoner if released does not presently, and likely will not in the future, pose a threat to society.
4. The plan for the release of the prisoner required pursuant to paragraph (b) of subsection 2 must include:
(a) An assignment of the prisoner to a social worker employed by the prison.
(b) A determination of the level of care required by the prisoner and the financial resources available to the prisoner and his relatives.
(c) If the prisoner has no relatives available to provide assistance, a statement regarding the availability of hospice or other appropriate care and a statement regarding the procedure for the initiation of appropriate public financial support for such a placement.
(d) A statement of the transportation that the prisoner will require to arrive at the planned location for care.
(e) A statement of the procedures that will be used to monitor:
(1) The compliance of the prisoner with the conditions of the plan; and
(2) The health of the prisoner until his death.
5. The governor may grant the request for expeditious consideration if:
(a) The prisoner is not sentenced to death or imprisonment for life without the possibility of parole; and
(b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department of prisons, verify, in writing, that the prisoner is:
(1) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to society; or
(2) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to society.
Sec. 3 1. If the governor grants a request for expeditious consideration submitted pursuant to section 2 of this act, he shall notify the director of the department of prisons. Upon receipt of such notification, the director shall prepare in writing a notice of application for commutation and an application for commutation. The notice of application for commutation must include:
(a) The name of the prisoner for whom the application is made;
(b) The court in which the judgment was rendered; and
(c) The kind or character of punishment.
2. In addition to the information required for the notice of application for commutation, the application for commutation must include:
(a) A review of the social and criminal history of the prisoner;
(b) A plan for the release of the prisoner;
(c) The medical records of the prisoner; and
(d) The verified statements of at least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department of prisons, clearly indicating that the prisoner is:
(1) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to society; or
(2) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to society.
3. The director of the department of prisons shall:
(a) File the original notice of application for commutation and the application for commutation with the secretary of the board;
(b) Serve:
(1) Two copies of the notice and application upon the district attorney;
(2) One copy of the notice and application upon the district judge who sentenced the prisoner or the successor of that judge; and
(3) One copy of the notice and application upon the board of county commissioners of the county in which the prisoner plans to reside if the plan for release anticipates that the prisoner will reside in the State of Nevada upon his release; and
(c) Retain one copy of the notice and application for his files.
4. Upon receipt of the original notice of application for commutation and the application for commutation, the secretary of the board shall, as soon as practicable, mail a copy of the notice of application for commutation to each victim of each crime committed by the prisoner for whom the application is made if the victim has made such a request in writing and provided his current address. The notice must also inform the victim of the telephone number of the secretary of the board and state that the victim may call the secretary to ascertain when the board will consider the application. If the victim has not made such a request or did not provide his current address, the board may not be held responsible if the notice of application for commutation is not received by the victim. A victim may submit a written response to the secretary of the board regarding the application for commutation. If such a response is received by the secretary of the board not later than 7 days before the board considers the application, he shall cause a copy of the response to be transmitted to each member of the board.
Sec. 4 1. If a meeting of the board is not otherwise scheduled to be held within the period beginning on the 15th day and ending on the 30th day after the application for commutation is received by the secretary of the board, the governor shall direct the secretary of the board and the director of the department of prisons to conduct a poll of each member of the board regarding the application and report the results to the governor and the members of the board.
2. Before a poll may be conducted pursuant to subsection 1, the secretary of the board shall give written notice of the poll by:
(a) Posting a copy of the notice of the poll at the building in which the poll will be conducted, and at not less than three other separate, prominent places within the jurisdiction of the board not later than 9 a.m. of the third working day before the poll;
(b) Mailing a copy of the notice of the poll at least 15 days before the date set for the poll to any person who has requested notice of the meetings of the board; and
(c) Mailing a copy of the notice of the poll at least 15 days before the date set for the poll to each victim of each crime committed by the prisoner regarding whose application the poll is being conducted if the victim so requested in writing and provided his current address. If the victim has not made such a request or did not provide his current address, the board may not be held responsible if notice of the poll is not received by the victim.
3. The notice of the poll required pursuant to subsection 2 must include:
(a) The subject of the poll, including the name of the prisoner whose application for commutation will be considered.
(b) The time of the poll.
(c) The place and location at which the public may attend and listen to the poll.
(d) A statement of the manner in which related written public comment will be transmitted to the board before the poll is conducted.
4. A decision of the board on an application for commutation that is reached pursuant to a poll is a final action and need not be ratified at a future meeting of the board.
Sec. 5 NRS 213.005 is hereby amended to read as follows:
213.005 As used in NRS 213.010 to 213.100, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires:
1. "Board" means the state board of pardons commissioners.
2. "Victim" includes:
(a) A person, including a governmental entity, against whom a crime has been committed;
(b) A person who has been injured or killed as a direct result of the commission of a crime; or
(c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a "relative" of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
Sec. 6 NRS 213.020 is hereby amended to read as follows:
213.020 Except as otherwise provided in sections 2, 3 and 4 of this act:
1. [Any] A person intending to apply to have a fine or forfeiture remitted, or a punishment commuted, or a pardon granted, or someone in his behalf, [shall] must make out a notice and four copies in writing of the application, specifying therein:
(a) The court in which the judgment was rendered;
(b) The amount of the fine or forfeiture, or kind or character of punishment;
(c) The name of the person in whose favor the application is to be made;
(d) The particular grounds upon which the application will be based; and
(e) The time when it will be presented.
2. Two of the copies must be served upon the district attorney and one upon the district judge of the county wherein the conviction was had. The fourth copy must be served upon the director of the department of prisons and the original must be filed with the [clerk] secretary of the board. In cases of fines and forfeitures a similar notice must also be served on the chairman of the board of county commissioners of the county wherein the conviction was had.
3. The notice must be served, as provided in this section, at least 30 days before the presentation of the application, unless a member of the board, for good cause, prescribes a shorter time.
Sec. 7 NRS 213.040 is hereby amended to read as follows:
213.040 All district attorneys receiving notice of an application for a pardon, or commutation of punishment, or remission of fine or forfeiture, other than notice of an application for commutation received pursuant to section 3 of this act shall transmit [forthwith] promptly to:
1. The board a statement in writing of facts surrounding the commission of the offense for which the applicant is incarcerated or subject to penalty and any information affecting the merits of the application.
2. Each victim of the person applying for clemency a copy of the notice of the application, if the victim so requests in writing and provides his current address. If a current address is not provided, the district attorney may not be held responsible if a copy of the notice is not received by the victim.
Sec. 8 The director of the department of prisons shall, on or before January 15, 1999, submit a report to the director of the legislative counsel bureau for transmission to the senate standing committee on finance and the assembly standing committee on ways and means regarding the cost-effectiveness of the program established pursuant to sections 2, 3 and 4 of this act for the commutation of the sentence of certain prisoners who are terminally ill or physically incapacitated.
Sec. 9 This act becomes effective on July 1, 1997.