SUMMARY--Changes provisions governing decisions by state board of parole commissioners. (BDR 16-181)
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 the state board of parole commissioners; changing the provisions governing the number of members of the board necessary to make decisions concerning certain prisoners; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 213.133 is hereby amended to read as follows:
213.133 1. [Except as otherwise provided in subsections 6 and 7, the board may delegate its authority to hear, consider and act upon applications for parole and on any issue before the board to a panel consisting of:
(a) Two or more members of the board, two of whom constitute a quorum; or
(b) One member of the board who is assisted by a case hearing representative.
2. No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.
3. The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the board. Such action may be taken at a meeting of the board, or without a meeting by the delivery of written approval to the secretary of the board.
4. The degree of complexity of issues presented must be taken into account before the board makes any delegation of its authority and before it determines the extent of a delegation.
5. The board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.
6. A hearing on an application for parole or any decision on an issue involving a person:] The board may delegate its authority to hear, consider or act upon an issue or case, including an issue or case that involves the decision to grant or revoke parole, to a panel created pursuant to this section. The board shall adopt regulations that establish the basic types of issues and cases which are delegable and, in accordance with the limits in this section, the size of the panel required for each type of issue or case. Before delegating authority to a panel, the board shall weigh the complexity of the issue or case.
2. Except as otherwise provided in subsections 3 and 4:
(a) If an issue or case involves a prisoner or parolee who was convicted of an offense for which the maximum term of imprisonment that may be imposed is 6 years or less, a panel created by the board must consist of two or more members of the board or one member of the board and one case hearing representative. If a panel consists of one member of the board and one case hearing representative, a decision of the panel shall be deemed the decision of the board only if the decision is approved by at least one other member of the board. For all other panels created pursuant to this paragraph, if a majority of the panel concurs in a decision, the decision shall be deemed the decision of the board.
(b) If an issue or case involves a prisoner or parolee who was convicted of an offense for which the maximum term of imprisonment that may be imposed is more than 6 years, a panel created by the board must consist of three or more members of the board. If a panel consists of three members of the board, a decision of the panel shall be deemed the decision of the board only if all three members on the panel concur in the decision. For all other panels created pursuant to this paragraph, if a majority of the panel concurs in a decision, the decision shall be deemed the decision of the board.
3. If an issue or case involves a person:
(a) Who committed a capital offense;
(b) Who is serving a sentence of imprisonment for life;
(c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;
(d) Who is a habitual criminal; or
(e) Whose sentence has been commuted by the state board of pardons commissioners,
a hearing on the issue or case must be conducted by at least three members of the board, and [action may be taken] a decision on the issue or case may be made only with the concurrence of at least four members [.
7. If a recommendation made by] of the board.
4. If a decision of a panel deviates from the standards adopted by the board pursuant to NRS 213.10885 or the recommendation of the division, the [chairman must concur in the recommendation.] decision of the panel shall be deemed the decision of the board only if the chairman of the board concurs in the decision.
Sec. 2. This act becomes effective on July 1, 1997.