SUMMARY--Revises provisions governing sentencing of persons convicted of driving under influence of intoxicating liquor or controlled substance when death or substantial bodily harm results. (BDR 16-1033)
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 crimes; providing that a person convicted of driving under the influence of intoxicating liquor or a controlled substance resulting in death or substantial bodily harm is not eligible for residential confinement before the minimum term of his sentence is completed; providing that such a person must be placed in residential confinement for 1 year and submit to periodic testing for the use of alcohol or controlled substances if paroled; 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 209.429 is hereby amended to read as follows:
209.4291. [The] Except as otherwise provided in subsection 2, 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 existing obligation for restitution to any 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. The director shall not 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 this section if the offender was imprisoned pursuant to NRS 484.3795.
3. 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.] 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 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.] 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.
[5.] 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 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. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. Upon the granting of parole to a prisoner who was convicted pursuant to NRS 484.3795, the board shall require as a condition of parole that the parolee be placed in residential confinement for 1 year or the unexpired maximum term of his original sentence, whichever is shorter.
2. In ordering the parolee to a term of residential confinement, the board shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and
(b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations at which he is expected to be to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the division may be used to supervise a parolee ordered to a term of residential confinement pursuant to this section. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolee's presence at his residence, including, but not limited to, the transmission of still visual images that do not concern the parolee's activities while inside his residence. A device that is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the parolee's activities while inside his residence,
must not be used.
4. In ordering a parolee to a term of residential confinement pursuant to this section, the board may establish the terms and conditions of that confinement. The board may, at any time, modify the terms and conditions of the residential confinement.
5. The board shall cause a copy of its order to be delivered to the parolee.
6. If it is determined that the parolee violated a term or condition of his residential confinement, the order may be rescinded, modified or continued, and his parole may be revoked.
7. The board shall establish procedures to administer a program of supervision for a parolee who is ordered to a term of residential confinement pursuant to this section.
Sec. 4. 1. Upon the granting of parole to a prisoner who was convicted pursuant to NRS 484.3795, the board shall require as a condition of parole that the parolee submit to periodic tests to determine whether the parolee is using alcohol or a controlled substance.
2. The use of alcohol or a controlled substance or the failure or refusal to submit to a test is a ground for the revocation of parole.
3. Any expense incurred as a result of a test is a charge against the division.
Sec. 5. NRS 213.107 is hereby amended to read as follows:
213.107As used in NRS 213.107 to 213.157, inclusive, and sections 3 and 4 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. 6. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.