SUMMARY--Makes various changes to division of parole and probation of department of motor vehicles and public safety. (BDR 16-183)
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 the division of parole and probation of the department of motor vehicles and public safety; requiring the division to set and to review periodically the level of supervision for parolees and probationers in certain situations; increasing the fee a parolee or probationer must pay to defray the cost of supervision; requiring an assistant parole and probation officer to reimburse the division for the cost of the initial training provided to the officer in certain circumstances; requiring the division to contact each parolee within 5 days after the parolee's release from prison; 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 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the division shall set a level of supervision for each probationer. At least once every 6 months, or more often if necessary, the division shall review the probationer's level of supervision to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the probationer of the change.
2. The provisions of subsection 1 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176.1851 to 176.18525, inclusive.
3. Each time a prisoner applies for parole, the division shall set the level of supervision that will apply to the prisoner if he is granted parole. The division shall inform the board of the level of supervision not later than 5 days before the meeting at which the board is considering the prisoner's application for parole.
4. Except as otherwise provided in subsection 5, at least once every 6 months, or more often if necessary, the division shall review a parolee's level of supervision to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the parolee of the change.
5. The provisions of subsection 4 are not applicable if the level of supervision for the parolee is set by the board or by law.
Sec. 2 NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1 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. 3 NRS 213.1076 is hereby amended to read as follows:
213.1076 1. The division shall:
(a) Except as otherwise provided in this section, charge each parolee or probationer a fee to defray the cost of his supervision.
(b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee or probationer. The regulation must provide for a monthly fee of at least [$12.] $30.
2. The chief may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee or probationer.
3. Unless waived pursuant to subsection 2, the payment by a parolee or probationer of a fee charged pursuant to subsection 1 is a condition of his parole or probation.
Sec. 4 NRS 213.1096 is hereby amended to read as follows:
213.1096 1. Assistant parole and probation officers shall:
[1.] (a) Investigate all cases referred to them for investigation by the board or by the chief , [parole and probation officer,] or by any court in which they are authorized to serve.
[2.] (b) Supervise all persons released on probation by any such court or released to them for supervision by the board or by the chief . [parole and probation officer.
3.] (c) Furnish to each person released under their supervision a written statement of the conditions of parole or probation and instruct him regarding those conditions.
[4.] (d) Keep informed concerning the conduct and condition of all persons under their supervision and use all suitable methods to aid and encourage them and to bring about improvement in their conduct and conditions.
[5.] (e) Keep detailed records of their work.
[6.] (f) Collect and disburse all money in accordance with the orders of the chief [parole and probation officer] or the court.
[7.] (g) Keep accurate and complete accounts of all money received and disbursed in accordance with such orders and give receipts therefor.
[8.] (h) Make such reports in writing as the court or the chief [parole and probation officer] may require.
[9.] (i) Coordinate their work with that of other social agencies.
[10.] (j) File identifying information regarding their cases with any social service index or exchange operating in the area to which they are assigned.
2. An assistant parole and probation officer shall reimburse the division for the entire cost of the initial training provided to him by the division if, within 2 years after completing the initial training, the officer:
(a) Is involuntarily terminated because of a serious violation of law or a regulation of the division; or
(b) Voluntarily terminates his employment with the division, unless the officer voluntarily terminates his employment with the division:
(1) Because he has accepted a different position of employment with the State of Nevada; or
(2) Because of serious illness, undue hardship or other similar circumstances that warrant a waiver of the requirements of this subsection, as determined by the chief.
3. If an assistant parole and probation officer is required to reimburse the division pursuant to subsection 2:
(a) As soon as practicable after the date of termination, the chief shall provide the officer with written notice that includes the amount which is required to be reimbursed and an outline of the procedures for appealing to the chief the requirement to reimburse the division.
(b) The chief may deduct the amount the officer is required to reimburse the division from wages and other compensation the division owes the officer.
4. The chief shall adopt by regulation procedures by which an assistant parole and probation officer may appeal to the chief the requirement to reimburse the division pursuant to subsection 2. The procedures adopted by the chief provide the exclusive administrative remedy for such an appeal.
5. Except as otherwise provided in subsection 6, an appeal by an assistant parole and probation officer of the requirement to reimburse the division pursuant to subsection 2 is not subject to the provisions of chapter 233B or 284 of NRS.
6. The decision of the chief regarding an appeal by an assistant parole and probation officer shall be deemed the final decision of the division. The officer may seek judicial review of the decision of the chief in the manner provided for judicial review of contested cases pursuant to NRS 233B.130 to 233B.150, inclusive.
Sec. 5 NRS 213.1218 is hereby amended to read as follows:
213.1218 1. Before a person may be released on parole, he must submit to the division a signed document stating that:
[1.] (a) He will comply with the conditions of his parole; and
[2.] (b) If he fails to comply with the conditions of his parole and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
2. The division shall contact each parolee in person or by telephone within 5 days after the parolee's release from prison. The chief may waive this requirement if he determines that such contact is not necessary.
Sec. 6 NRS 213.1243 is hereby amended to read as follows:
213.1243 1. The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2. Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, subsection 1 of NRS 213.1096 and subsection 2 of NRS 213.110.
3. A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a felony.
4. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this subsection becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.
Sec. 7 The amendatory provisions of section 4 of this act apply to assistant parole and probation officers who are hired on or after October 1, 1997.