SUMMARY--Authorizes advisory commission on sentencing to hire employees and makes appropriation to commission. (BDR 14-1034)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the advisory commission on sentencing; authorizing the commission to hire necessary employees; making an appropriation to the commission; 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 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, imprisonment, mandatory and minimum sentencing, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement 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.
6. Hire any employees that are necessary to carry out its duties.
Sec. 2. There is hereby appropriated from the state general fund to the advisory commission on sentencing created pursuant to NRS 176.0123 for the costs associated with the operation of the commission:
For the fiscal year 1997-98 $108,116
For the fiscal year 1998-99 $89,408
Sec. 3. The sums appropriated by section 2 of this act are available for both fiscal years 1997-98 and 1998-99 and may be transferred from one fiscal year to the other. Any balance of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective on July 1, 1997.