SUMMARY--Revises provisions governing programs of regimental discipline. (BDR 14-1035)
FISCAL NOTE: Effect on Local Government: No.
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 convicted persons; revising the provisions governing eligibility for the program of regimental discipline; 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 176.2248 is hereby amended to read as follows:
176.22481. If a [defendant:
(a) Is male;
(b) Has] person is male, has been convicted of a felony that does not involve an act of violence [;
(c) Is] and is at least 18 years of age [;
(d) Has never been incarcerated in jail or prison as an adult for more than 6 months; and
(e) Is otherwise eligible for probation, the court] , the appropriate authority may order the [defendant] person satisfactorily to complete a program of regimental discipline [for] :
(a) For 150 days before sentencing [the defendant or in] ;
(b) As a condition of:
(1) Probation or suspension of sentence; or
(2) Parole, as set forth in section 5 of this act;
(c) In lieu of causing the sentence imposed to be executed upon a violation of a condition of probation or suspension of sentence [.] ;
(d) For a violation of a condition of his parole, as set forth in section 6 of this act; or
(e) For a violation of a condition of his residential confinement, as set forth in subsection 4 of NRS 209.392 and subsection 3 of NRS 209.429.
2. If the [court orders the defendant] person is ordered to undergo a program of regimental discipline, [it:] the appropriate authority:
(a) Shall place the [defendant] person under the supervision of the director of the department of prisons for not more than 190 days, not more than the first 30 days of which must be used to determine the [defendant's] person's eligibility to participate in the program.
(b) Shall, if appropriate, direct the chief parole and probation officer to provide a copy of the [defendant's] person's records to the director of the department of prisons.
(c) Shall require the [defendant] person to be returned to the [court] appropriate authority not later than 30 days after he is placed under the supervision of the director, if he is determined to be ineligible for the program.
(d) May require such reports concerning the [defendant's] person's participation in the program as it deems desirable.
3. If the [defendant] person is ordered to complete the program before sentencing, the director of the department of prisons shall return the [defendant] person to the court not later than 150 days after the [defendant] person began the program. The director shall certify either that the [defendant] person satisfactorily completed the program or that he did not, and shall report [of] the results of his evaluation, including , without limitation, any recommendations which will be helpful in determining the proper sentence. Upon receiving the report, the court shall sentence the [defendant.] person. Time spent in the program must be deducted from any sentence which may thereafter be imposed.
4. If the [defendant] person is ordered to complete the program as a condition of probation or in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation and the [defendant satisfactorily] person:
(a) Satifactorily completes the program, the director of the department of prisons shall, not later than 150 days after the [defendant] person began the program, return the [defendant] person to the court with certification that the [defendant] person satisfactorily completed the program. The court shall direct that:
[(a) The defendant]
(1) The person be placed under supervision of the chief parole and probation officer; and
[(b)] (2) The director of the department of prisons cause a copy of the records concerning the [defendant's] person's participation in the program to be provided to the chief parole and probation officer.
[5. If a defendant is ordered to complete the program of regimental discipline in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation, a failure by the defendant]
(b) Fails satisfactorily to complete the program , it constitutes a violation of that condition of probation and the director of the department of prisons shall return the [defendant] person to the court.
[6. Time spent in the program must be deducted from any sentence which may thereafter be imposed.]
5. If the person is ordered to complete the program as a condition of parole and the person:
(a) Satisfactorily completes the program, the director of the department of prisons shall not later than 150 days after the person began the program:
(1) Return the person to the chief parole and probation officer with certification that the person satisfactorily completed the program; and
(2) Cause a copy of the records concerning the participation of the person in the program to be provided to the chief parole and probation officer.
(b) Fails satisfactorily to complete the program, it constitutes a violation of that condition of parole and the director of the department of prisons shall:
(1) Return the person to the board; and
(2) Cause a copy of the records concerning the participation of the person in the program to be provided to the board.
6. If the person is ordered to complete the program upon the violation of a condition of residential confinement and the person:
(a) Satisfactorily completes the program, the director of the department of prisons shall not later than 150 days after the person began the program:
(1) Return the person to the chief parole and probation officer; and
(2) Cause a copy of the records concerning the person's participation in the program to be provided to the chief parole and probation officer.
(b) Fails satisfactorily to complete the program, the person must remain in the custody of the department of prisons.
Sec. 2. NRS 209.392 is hereby amended to read as follows:
209.3921. Except as otherwise provided in 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] a 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] a 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 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] A 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] a felony in this state or [any] an 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] a jail or correctional institution for adults; or
(g) Has not made an effort in good faith to participate in or to complete [any] an educational or vocational program or [any] a 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] :
(1) Return the offender to the custody of the department of prisons [.] pursuant to the procedure set forth in NRS 213.410; or
(2) Order the offender satisfactorily to complete a program of regimental discipline as set forth in NRS 176.2248.
(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] a program provided to offenders in the custody of the department of prisons.
6. A person 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] a right or interest in liberty or property or establish a basis for [any] a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. NRS 209.429 is hereby amended to read as follows:
209.4291. The director shall 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 the maximum term of his sentence if:
(a) The offender has:
(1) Established a position of employment in the community;
(2) Enrolled in a program for education or rehabilitation; or
(3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet [any] an existing obligation for restitution to [any] a victim of his crime;
(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and
(c) The director believes that the offender will be able to:
(1) Comply with the terms and conditions required under residential confinement; and
(2) Complete successfully the remainder of the program of treatment while under residential confinement.
If an offender assigned to the program of treatment pursuant to NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, 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.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
3. 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] :
(1) Return the offender to the custody of the department of prisons [.] pursuant to the procedure set forth in NRS 213.410; or
(2) Order the offender satisfactorily to complete a program of regimental discipline as set forth in NRS 176.2248.
(b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter 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 forfeiture of credits is final.
4. 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] a program provided to offenders in the custody of the department of prisons.
5. A person 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] a right or interest in liberty or property or establish a basis for [any] a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 4. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. Upon the granting of parole to a prisoner, the board may require as a condition of parole that the parolee satisfactorily complete a program of regimental discipline as set forth in NRS 176.2248.
Sec. 6. 1. Except as otherwise provided in subsection 3, if a parolee violates a condition of his parole, the board may order him satisfactorily to complete a program of regimental discipline as set forth in NRS 176.2248 in lieu of revoking his parole and returning him to confinement.
2. In determining whether to order such a parolee to complete a program of regimental discipline, the board shall consider:
(a) The criminal history of the parolee; and
(b) The safety of the public.
3. The board shall not order the parolee to participate in a program of regimental discipline if the time that it would take satisfactorily to complete the program is longer than the unexpired maximum term of any sentence the parolee is serving.
Sec. 7. NRS 213.107 is hereby amended to read as follows:
213.107As used in NRS 213.107 to 213.157, inclusive, and sections 5 and 6 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 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. 8. NRS 176.2246 is hereby repealed.
Sec. 9. This act becomes effective on July 1, 1997.
TEXT OF REPEALED SECTION
176.2246Program of regimental discipline: Legislative declaration.The legislature hereby determines and declares that a program of regimental discipline is not to be used as an alternative to probation, but as an alternative to incarceration.