Assembly Bill No. 298

Assembly Bill No. 298-Committee on Ways and Means

CHAPTER

508

AN ACT relating to prisoners; providing for residential confinement of certain prisoners who are terminally ill or physically incapacitated; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

~^
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 6, the director may assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to NRS 213.380, for not longer than the remainder of his sentence, if:
(a) The director has reason to believe that the offender is:
(1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or
(2) 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 the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department, verify, in writing, that the offender is:
(1) Physically incapacitated; or
(2) In ill health and expected to die within 12 months.
2. If the director intends to assign an offender to the custody of the division of parole and probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the department, the director shall notify:
(a) If the offender will reside within this state after he is released from the custody of the department, the board of county commissioners of the county in which the offender will reside; and
(b) The division of parole and probation.
3. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and has provided a current address, the division of parole and probation shall notify the victim that:
(a) The director intends to assign the offender to the custody of the division of parole and probation pursuant to this section; and
(b) The victim may submit documents to the division of parole and probation regarding such an assignment.
If a current address has not been provided by a victim as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if notification is not received by the victim.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
6. The director may not assign an offender to the custody of the division of parole and probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
7. An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 2. NRS 209.392 is hereby amended to read as follows:
209.392 1. Except as otherwise provided in section 1 of this act and NRS 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:
(a) Established a position of employment in the community;
(b) Enrolled in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,
assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and has provided a current address, the division of parole and probation shall notify the victim of the offender's request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim.
3. The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:
(a) Is not eligible for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim; or
(2) A sexual offense;
(e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;
(f) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division of parole and probation [of the department of motor vehicles and public safety] to serve a term of residential confinement pursuant to this section.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department . [of prisons.]
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department , [of prisons,]
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department . [of prisons.
6. A person]
6. An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. NRS 213.371 is hereby amended to read as follows:
213.371 As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:
1. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
2. "Offender" means a prisoner assigned to the custody of the division pursuant to section 1 of this act or NRS 209.392 or 209.429.
3. "Residential confinement" means the confinement of an offender to his place of residence under the terms and conditions established by the division.
Sec. 4. NRS 213.380 is hereby amended to read as follows:
213.380 1. The division shall establish procedures for the residential confinement of offenders.
2. The division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the division shall:
(a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community [;] , unless the offender is assigned to the custody of the division pursuant to section 1 of this act;
(b) Require the offender to be confined to his residence during the time he is [away from his] not:
(1) Engaged in employment or [treatment, or] an activity listed in paragraph (a) that is authorized by the division;
(2) Receiving medical treatment that is authorized by the division; or
(3) Engaged in any other activity that is authorized by the division; and
(c) Require intensive supervision of the offender, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms and conditions of his confinement.
3. An electronic device approved by the division may be used to supervise an offender if it is minimally intrusive and limited in capability to recording or transmitting information concerning the offender's presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the offender's activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the offender's activities while inside his residence,
must not be used.
Sec. 5. NRS 213.400 is hereby amended to read as follows:
213.400 If an offender is absent, without authorization, from his residence, employment, treatment [or] , including, but not limited to, medical treatment, or any other activity authorized by the division:
1. He shall be deemed an escaped prisoner; and
2. The chief parole and probation officer may issue a warrant for his arrest. A peace officer shall execute the warrant in the same manner as ordinary criminal process.
Sec. 6. NRS 213.1217 is hereby repealed.
Sec. 7. The amendatory provisions of section 6 of this act do not apply to prisoners who are released on parole before July 1, 1997.
Sec. 8. This act becomes effective on July 1, 1997.
________