(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 15-Committee on Judiciary
Prefiled on January 14, 1997
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Referred to Committee on Judiciary
SUMMARY--Makes various changes to provisions concerning parolees and probationers. (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 criminal justice system; requiring the division of parole and probation of the department of motor vehicles and public safety to set and to review periodically the level of supervision of certain parolees and probationers; increasing the fee that a parolee or probationer is required to pay to defray the cost of supervision; requiring the division to contact each parolee within 5 days after his release from prison; revising the provisions governing the number of members of the state board of parole commissioners necessary to make decisions concerning certain prisoners and parolees; 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 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 level of supervision of the probationer 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. Except as otherwise provided in this subsection, 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 is not required to conduct a personal interview with the prisoner to 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 application of the prisoner for parole. The provisions of this subsection are not applicable to a prisoner who is not eligible for release from confinement because he:
(a) Must serve a term of incarceration for another offense for which he is not yet eligible for parole; or
(b) Is serving a term of incarceration for an offense for which he must be certified as not being a menace to the health, safety or morals of others before being released on parole, and he has not been so certified.
4. Except as otherwise provided in subsection 5, at least once every 6 months, or more often if necessary, the division shall review the level of supervision of a parolee 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 213.1218 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 his release from prison. The chief may waive this requirement if he determines that such contact is not necessary.
Sec. 5 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, without limitation, 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 6:
(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 panel is created pursuant to:
(a) Paragraph (a) of subsection 2, at least one member of the board who serves on the panel shall attend the hearing in person.
(b) Paragraph (b) of subsection 2, at least two members of the board who serve on the panel shall attend the hearing in person.
(c) Subsection 3, at least three members of the board who serve on the panel shall attend the hearing in person.
5. Except as otherwise provided in subsection 4, a member of the board who serves on a panel created pursuant to this section may, in lieu of attending the hearing in person:
(a) Participate in the hearing by telephone or video conference; or
(b) After the hearing:
(1) Review a videotape of the hearing;
(2) Review the file or record relating to the issue or case; or
(3) Discuss, in person or by telephone, the issue or case with a member of the board or a case hearing representative who attended the hearing in person.
6. 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. 6. This act becomes effective on July 1, 1997.