SUMMARY--Makes various changes concerning person convicted of misdemeanor who is released on suspended sentence or residential confinement. (BDR 1-1613)
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 crimes; authorizing a justice of the peace and a municipal judge to impose certain conditions on a person who is released on a suspended sentence or residential confinement; authorizing a justice of the peace and a municipal judge to issue a warrant for the arrest of a person who has violated a condition of his suspended sentence or residential confinement; providing that certain persons within a department of alternative sentencing have the powers of peace officers; 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 NRS 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the justice of the peace may order [,] as a condition of suspension [,] that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; [and]
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace [.] ;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the [offender's] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
3. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 2 NRS 4.3762 is hereby amended to read as follows:
4.37621. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person 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 [person's] activities of the person while inside his residence,
must not be used.
[4.] 5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
6. The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 3 NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the municipal judge may order [,] as a condition of suspension [,] that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; [and]
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge [.] ;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the [offender's] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
3. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 4 NRS 5.076 is hereby amended to read as follows:
5.0761. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and 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 of his sentence.
3. In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person 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 [person's] activities of the person while inside his residence,
must not be used.
[4.] 5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
6. The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 5 NRS 178.484 is hereby amended to read as follows:
178.4841. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail;
(b) The state board of parole commissioners directs the detention facility to admit the person to bail; or
(c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail; or
(b) A department of alternative sentencing directs the detention facility to admit the person to bail.
4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
[4.] 5. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.
[5.] 6. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.
[6.] 7. Before a person may be admitted to bail, he must sign a document stating that:
(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;
(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and
(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.
Sec. 6 Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The chief or an assistant may arrest a probationer without a warrant if there is probable cause to believe that the probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.
2. Any other peace officer may arrest a probationer upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that a probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.
3. After making an arrest, the chief, assistant or other peace officer shall immediately notify the sentencing court of the arrest of the probationer and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence or residential confinement of the probationer.
4. A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer arrested without a warrant pursuant to this section if he determines that there is not probable cause to believe that the person violated the condition of his suspended sentence or residential confinement.
Sec. 7 NRS 289.180 is hereby amended to read as follows:
289.1801. The following persons have the powers of a peace officer:
(a) The chief parole and probation officer appointed pursuant to NRS 213.1092 ; [.]
(b) Assistant parole and probation officers appointed pursuant to NRS 213.1095 [.] ;
(c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and
(d) Assistant alternative sentencing officers of a department of alternative sentencing.
2. A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
4. The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.
5. A director of a department of family, youth and juvenile services established pursuant to NRS 62.1264 has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.
[6. The chief of a department of alternative sentencing established pursuant to NRS 211A.080 and the assistant alternative sentencing officers of the department have the powers of a peace officer in the county when carrying out duties pursuant to NRS 211A.090, 211A.110 and 211A.120, including the power to arrest an adult criminal offender or detain a juvenile offender encountered while carrying out those duties.]
Sec. 8 Sections 1 and 3 of this act become effective at 12:01 a.m. on October 1, 1997.
Sec. 9 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.