SUMMARY--Allows parolee to petition court for modification of sentence under certain circumstances. (BDR 14-769)
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 parole; allowing a parolee to petition the court for a modification of his sentence under certain circumstances; 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 176.033 is hereby amended to read as follows:
176.0331. If a sentence of imprisonment is required or permitted by statute, the court shall:
(a) If sentencing a person who has been found guilty of a misdemeanor or a gross misdemeanor, sentence the person to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
(b) If sentencing a person who has been found guilty of a felony, sentence the person to a minimum term and a maximum term of imprisonment, unless a definite term of imprisonment is required by statute.
(c) If restitution is appropriate, set an amount of restitution for each victim of the offense and for expenses related to extradition in accordance with NRS 179.225.
2. At any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment [, the] :
(a) The state board of parole commissioners, upon the recommendation of the division, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the original sentence by reducing the maximum term of imprisonment but shall not make the term less than the minimum term prescribed by the applicable penal statute.
(b) The prisoner may petition the court of original jurisdiction requesting a modification of sentence, if:
(1) The sentence for which the modification is requested did not arise out of an offense involving the use or threatened use of force or violence;
(2) The prisoner has paid any restitution included in the sentence for which the modification is requested; and
(3) The prisoner has never been convicted of an offense involving the use or threatened use of force or violence.
The court shall give notice of the petition and the hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the petition of the prisoner and good cause appearing, the court may modify the original sentence by reducing the maximum term of imprisonment but shall not make the term less than the minimum term prescribed by the applicable penal statute.