SUMMARY--Makes various changes relating to state board of parole commissioners. (BDR 16-180)
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 state board of parole commissioners; requiring the board to compile and maintain detailed information concerning decisions regarding parole; increasing the number of hours of orientation and annual training for members of the board and case hearing representatives; requiring the board to review every 2 years its standards for making decisions regarding parole; making the adoption of regulations by the board subject to the Nevada Administrative Procedure Act; providing for staggered terms for members of the board; 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. The board shall compile and maintain detailed information concerning all decisions regarding parole. The information must include, but is not limited to:
(a) The board's reasons for each decision to grant, deny, revoke or continue parole.
(b) The number of decisions made by the board granting parole, denying parole, revoking parole and continuing parole.
The board shall organize and tabulate the information compiled pursuant to this subsection at regular intervals, which must not exceed 3 months.
2. A prisoner or parolee who is challenging a decision of the board may not offer the information compiled and maintained pursuant to this section as evidence in a hearing, proceeding or action before a court, an administrative officer or an administrative body or agency.
3. The information compiled and maintained pursuant to this section is confidential and is intended for the use of only the board, the governor and the legislature.
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 213.108 is hereby amended to read as follows:
213.108 1. The state board of parole commissioners is hereby created within the department of motor vehicles and public safety.
2. The board consists of seven members appointed by the governor.
3. A chairman of the board must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and is responsible for its management except as otherwise provided in NRS 213.1085.
4. Each member of the board must have at least:
(a) A bachelor's degree in criminal justice, law enforcement, sociology, psychology, social work, law or the administration of correctional or rehabilitative facilities and programs and not less than 3 years of experience working in one or several of these fields; or
(b) Six years of experience in one or several of the fields specified in paragraph (a).
5. [At least one member of the board must have experience in at least one, so that among them the members have experience in all, of the following:
(a) Management of prisons;
(b) Management of law enforcement, including investigation;
(c) Management of personnel in parole and probation;
(d) Social work or therapy with emphasis on family counseling, domestic violence and urban social problems; and
(e) Advocacy of victim's rights.
6. During his term of service on the board, each member must attend an aggregate of 10 hours of courses in each year, in any combination of the following:
(a) Programs of correctional treatment, alternative punishments for disobedience, selection of offenders for parole and supervision of parolees;
(b) Abuse of alcohol and controlled substances, the acquired immune deficiency syndrome, domestic violence, mental illness or mental retardation; and
(c) Designation of and programs for repeating or professional offenders and problems related to gangs.
The board shall, within the limits of legislative appropriations, pay the expenses of members in attending these courses.
7.] The governor shall ensure that each of the following fields is represented by at least one member of the board who has experience in:
(a) The management of prisons;
(b) The management of law enforcement, including investigation;
(c) The management of personnel in parole and probation;
(d) Social work or therapy with emphasis on family counseling, domestic violence and urban social problems; and
(e) The advocacy of victims' rights,
The governor may appoint to the board a person who does not have experience in a field in this subsection if each field is represented by at least one member of the board when the person is appointed. If, because of a vacancy on the board or the expiration of a term, one or more of the fields is not represented by a member of the board, the governor shall appoint to the board a person who has experience in the unrepresented field or fields.
6. Except as otherwise provided in NRS 213.133, a decision on any issue before the board, concurred in by four or more members, is the decision of the board.
Sec. 4 NRS 213.1088 is hereby amended to read as follows:
213.1088 1. The department of motor vehicles and public safety in conjunction with the department of prisons shall establish a program of orientation [for new members of the board that will familiarize the new members with the operation, policies and procedures of the respective departments that are relevant to the activities of the board and the relationship between the departments and the board. Upon appointment, a new member of the board shall attend the program of orientation.] that:
(a) Each member of the board shall attend upon appointment to a first term; and
(b) Each person named by the board to the list of persons eligible to serve as a case hearing representative pursuant to NRS 213.135 shall attend upon being named to the list. A person named to the list may not serve as a case hearing representative until the person completes the program of orientation.
2. The program of orientation must include a minimum of 40 hours of training. The information presented during the program of orientation must include, but is not limited to:
(a) A historical perspective of parole, including the objectives of and reasons for using parole within the criminal justice system;
(b) The role and function of the board within the criminal justice system;
(c) The responsibilities of members of the board and case hearing representatives;
(d) The goals and objectives of the board;
(e) The programs administered by the board;
(f) The policies and procedures of the board; and
(g) The laws and regulations governing parole, including the standards for granting, denying, revoking and continuing parole.
3. The chairman of the board shall develop a written plan for the continuing education of members of the board and case hearing representatives. The plan must require that:
(a) Each member of the board shall attend 40 hours of courses for continuing education during each year of the member's term.
(b) Each case hearing representative shall attend 40 hours of courses for continuing education during each year that the representative is on the list of persons eligible to serve as a case hearing representative.
4. A member of the board or a case hearing representative may meet the requirement for continuing education by successfully completing courses in any combination of the following subjects:
(a) The role and function of the board within the criminal justice system;
(b) Changes in the law, including judicial decisions affecting parole;
(c) Developing skills in communicating, making decisions and solving problems;
(d) The interpretation and use of research, data and reports;
(e) Correctional policies and programs, including programs for the treatment of prisoners and parolees;
(f) Alternative punishments for disobedience;
(g) The selection of prisoners for parole;
(h) The supervision of parolees;
(i) The designation of and programs for repeating or professional offenders;
(j) Problems related to gangs;
(k) The abuse of alcohol and drugs;
(l) The acquired immune deficiency syndrome;
(m) Domestic violence; and
(n) Mental illness and mental retardation.
5. The board shall, within the limits of legislative appropriations, pay the expenses of members of the board and case hearing representatives attending courses for continuing education.
Sec. 5 NRS 213.10885 is hereby amended to read as follows:
213.10885 1. The board shall adopt by regulation specific standards for each type of convicted person to assist the board in determining whether to [release on parole or revoke the parole of a convicted person who is otherwise eligible for parole or on parole, including, without limitation,] grant or revoke parole. The regulations must include standards for determining whether to [release on parole] grant or revoke the parole of a convicted person:
(a) Who committed a capital offense.
(b) Who was sentenced to serve a term of imprisonment for life.
(c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.
(d) Who was convicted as a habitual criminal.
(e) Who is a repeat offender.
(f) Who was convicted of any other type of offense.
The standards must be based upon objective criteria for determining the person's probability of success on parole.
2. In establishing the standards, the board shall [first consider all] consider the information on decisions regarding parole that is compiled and maintained pursuant to section 1 of this act and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. [Such considerations] The other factors the board considers must include, [without limitation:] but are not limited to:
(a) The severity of the crime committed;
(b) The criminal history of the person;
(c) Any disciplinary action taken against the person while incarcerated;
(d) Any previous parole violations or failures;
(e) Any potential threat to society or himself; and
(f) The length of his incarceration.
3. The standards adopted by the board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.
4. [When adopting regulations pursuant to this section, the board shall follow the procedure set forth in chapter 233B of NRS for the adoption of regulations.
5.] The board shall make available to the public a sample of the form the board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.
5. On or before January 1 of each even-numbered year, the board shall review comprehensively the standards adopted by the board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.
6. The board shall report to each regular session of the legislature:
(a) The number and percentage of the board's decisions [regarding parole which] that conflicted with the standards; [and
(b) Any recommendations regarding the standards.]
(b) The results and conclusions from the board's review pursuant to subsection 5; and
(c) Any changes in the board's standards, policies, procedures, programs or forms that have been or will be made as a result of the review.
Sec. 6 NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) [The state board of parole commissioners.
(h)] The welfare division of the department of human resources.
[(i)] (h) The state board of examiners acting pursuant to chapter 217 of NRS.
[(j)] (i) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 7 Notwithstanding the provisions of subsection 1 of NRS 213.1087, at the expiration of the terms of the seven members of the state board of parole commissioners on June 30, 1997, and July 1, 1997, the governor shall appoint as soon as practicable after July 1, 1997:
1. One member whose term of office expires on July 1, 1998;
2. Two members whose terms of office expire on July 1, 1999;
3. Two members whose terms of office expire on July 1, 2000; and
4. Two members whose terms of office expire on July 1, 2001.
Sec. 8 1. This section and sections 1 to 6, inclusive, of this act become effective on July 1, 1997.
2. Section 7 of this act becomes effective on June 30, 1997.