SUMMARY--Makes various changes concerning prisoners. (BDR 16-625)
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 prisoners; requiring a court to notify the department of prisons and the attorney general before issuing an order which affects the conditions of confinement of a prisoner; revising the provisions governing the allowance of credits against the sentence of an offender; revising the provisions governing deductions from the account of an offender; requiring a prisoner to pay for special transportation of himself and a witness to a civil rights proceeding in federal court; clarifying certain provisions governing certification by a panel before certain offenders may be released on parole; making various other changes concerning prisoners; 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 Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2 1. Except as otherwise provided in subsection 2, a court issuing an order at the request of a prisoner in a state prison that affects the conditions of confinement of the prisoner shall provide the director with:
(a) Sufficient prior notice of the intention of the court to enter the order; and
(b) An opportunity to be heard on the issue.
2. The court is not required to provide the director with prior notice pursuant to subsection 1 if the prisoner has commenced an action with the court challenging the conditions of his confinement and has served a copy of the action on the director and the attorney general.
3. As used in this section, "conditions of confinement" include, without limitation, the access of a prisoner to the resources of a law library, the privileges of a prisoner to receive visitors and to use a telephone, the type of meals provided to the prisoner, the place of confinement of a prisoner and the provision of medical care to a prisoner in a situation that is not an emergency.
Sec. 3 If an offender has filed an action in federal court alleging a violation of his civil rights and:
1. The court requires or requests that the offender appear in court, the offender shall reimburse the department for any cost that is incurred in providing special transportation for the offender to appear in court.
2. The offender requests that any other offender appear as a witness in the action, the offender who filed the action shall reimburse the department for any cost that is incurred in providing special transportation for any other offender to appear in court.
Sec. 4 1. An offender who is sentenced to prison for a crime committed on or after the effective date of this act, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence; and
(b) For the period he is in residential confinement,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. In addition to the credits allowed pursuant to subsections 1, 2 and 3, the director may allow credits in an amount he deems appropriate for an offender who donates his blood for a charitable purpose.
5. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
6. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
7. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
8. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 5 Except as otherwise provided in section 6 of this act, the director may make the following deductions, in the following order of priority, from any money deposited in the account of an offender from any source other than his wages:
1. An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime created pursuant to NRS 217.260.
2. An amount determined by the director for deposit in the individual account of the offender in the prisoners' personal property fund created pursuant to NRS 209.241.
3. An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
4. An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.
5. A deduction pursuant to NRS 209.246.
6. An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray expenses related to arrangements for his funeral.
7. An amount the director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his crime.
8. An amount the director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from a source other than the wages earned by the offender during his incarceration, pursuant to this subsection, must be submitted:
(a) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(b) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
9. An amount the director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from any source other than the wages earned by the offender during his incarceration, pursuant to this subsection, must be submitted:
(a) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(b) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.
The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.
Sec. 6 1. The director shall not make any deduction from the individual account of an offender in the prisoners' personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an account of an offender required before such other deductions or withdrawals from the account may be made by the director or the offender.
2. Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.
3. The director may reduce or eliminate a deduction authorized pursuant to NRS 209.463 or section 5 of this act to the extent necessary to comply with a restriction imposed by federal law on deductions from wages of an offender or from the account of an offender.
Sec. 7 NRS 209.192 is hereby amended to read as follows:
209.1921. There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. The director shall deposit in the fund the deductions made pursuant to [subparagraph (2) of paragraph (a) or subparagraph (2) of paragraph (b)] paragraph (b) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the fund must only be expended to house new industries in the industrial program which will provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program.
2. Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 8 NRS 209.246 is hereby amended to read as follows:
209.246 The director shall, with the approval of the board, establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to:
1. Repay the cost of:
(a) State property willfully damaged, destroyed or lost by the offender during his incarceration.
(b) Medical examination, diagnosis or treatment for injuries:
(1) Inflicted by the offender upon himself or other offenders; or
(2) Which occur during voluntary recreational activities.
(c) Searching for and apprehending the offender when he escapes or attempts to escape.
(d) Quelling any riot or other disturbance in which the offender is unlawfully involved.
(e) Providing a funeral for an offender.
(f) Providing an offender with clothing, transportation and money upon his release from prison pursuant to NRS 209.511.
(g) Transportation of an offender pursuant to a court order in cases other than a criminal prosecution, a proceeding for post-conviction relief involving the offender or a proceeding in which the offender has challenged the conditions of his confinement.
(h) Monetary sanctions imposed under the code of penal discipline adopted by the department.
2. Defray, as determined by the director, a portion of the costs paid by the department for medical care for the offender, including, but not limited to:
(a) Except as otherwise provided in paragraph (b) of subsection 1, expenses for medical or dental care, prosthetic devices and pharmaceutical items; and
(b) Expenses for prescribed medicine and supplies.
3. Repay the costs incurred by the department on behalf of the offender for:
(a) Postage for personal items and items related to litigation;
(b) Photocopying of personal documents and legal documents [;] , for which the offender must be charged not less than $0.25 per page but not more than $0.60 per page;
(c) Legal supplies;
(d) Telephone calls charged to the department;
(e) Charges relating to checks returned for insufficient funds and checks for which an order to stop payment has been made;
(f) Items related to the offender's work, including, but not limited to, clothing, shoes, boots, tools, a driver's license or identification card issued by the department of motor vehicles and public safety, a work card issued by a law enforcement agency and a health card; and
(g) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the department.
All money collected pursuant to this section must be deposited in the appropriate account in the state general fund for reimbursement of the related expenditure.
Sec. 9 NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.433 to 209.451, inclusive, and section 4 of this act, unless the context otherwise requires:
1. "Offender" includes a person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
2. "Residential confinement" means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176.2155, 176.219, 176.2231 to 176.2237, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 10 NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before the effective date of this act, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; and
(b) For the period he is in residential confinement,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 11 NRS 209.447 is hereby amended to read as follows:
209.447 1. An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446 , 209.448 and 209.449, and section 4 of this act, be deducted from the maximum term imposed by the sentence.
5. The director shall maintain records of the credits to which each offender is entitled pursuant to this section.
Sec. 12 NRS 209.448 is hereby amended to read as follows:
209.448 1. An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, or section 4 of this act, a deduction of not more than 30 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 13 NRS 209.449 is hereby amended to read as follows:
209.449 An offender who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, or section 4 of this act, a deduction of 30 days from the maximum term of his sentence for the completion of a program of vocational education and training. If the offender completes the program of vocational education and training with meritorious or exceptional achievement, the director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.
Sec. 14 NRS 209.463 is hereby amended to read as follows:
209.463 [1.] Except as otherwise provided in [subsection 3,] section 6 of this act, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:
[(a)] 1. If the [offender's] hourly wage of the offender is equal to or greater than the federal minimum wage:
[(1)] (a) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
[(2)] (b) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
[(3)] (c) An amount determined by the director for deposit in the [offender's] individual account of the offender in the prisoners' personal property fund.
[(4)] (d) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
[(5)] (e) An amount the director considers reasonable to meet [any] an existing obligation of the offender for the support of his family.
[(6) Any]
(f) A deduction pursuant to NRS 209.246.
[(7)] (g) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray [any] expenses related to [any] arrangements for his funeral.
[(8)] (h) An amount the director considers reasonable to meet [any] an existing obligation of the offender for restitution to any victim of his crime.
[(9)] (i) An amount the director considers reasonable to pay the balance of [the administrative assessments] an administrative assessment included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of [any] an unpaid administrative [assessments] assessment included in a judgment entered against the offender for [any] a crime committed in this state for which he was previously convicted. [Any] An amount deducted from the [offender's] wages of the offender pursuant to this [subparagraph] paragraph must be submitted:
[(I)] (1) If the offender does not have [any administrative assessments] an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
[(II)] (2) If the offender has [any administrative assessments] an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which [any] an administrative assessment is owing, until the balance owing has been paid.
[(10)] (j) An amount the director considers reasonable to pay the balance of [the fines] a fine included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of [any unpaid fines] an unpaid fine included in a judgment entered against the offender for [any] a crime committed in this state for which he was previously convicted. [Any] An amount deducted from the [offender's] wages of the offender pursuant to this [subparagraph] paragraph must be submitted:
[(I)] (1) If the offender does not have [any fines] a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
[(II)] (2) If the offender has [any fines] a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which [any] a fine or administrative assessment is owing, until the balance owing has been paid.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
[(b)] 2. If the [offender's] hourly wage of the offender is less than the federal minimum wage:
[(1)] (a) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
[(2)] (b) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
[(3)] (c) An amount determined by the director for deposit in the [offender's] individual account of the offender in the prisoners' personal property fund.
[(4)] (d) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
[(5) Any]
(e) A deduction pursuant to NRS 209.246.
[(6)] (f) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray [any] expenses related to [any] arrangements for his funeral.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
[2. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender's account from any source other than his wages:
(a) Any deduction pursuant to NRS 209.246.
(b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.
3. The director shall not make any deduction from the offender's individual account in the prisoners' personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender's account required before such other deductions or withdrawals from the account may be made by the director or the offender.
4. Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.
5. The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.]
Sec. 15 NRS 200.375 is hereby amended to read as follows:
200.375 1. A person convicted of sexual assault or attempted sexual assault may not be paroled unless a board consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(b) The director of the department of prisons; and
(c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. A person who has been certified pursuant to subsection 1 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 1.
3. The board may revoke the certification of an offender certified pursuant to this section at any time.
4. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
5. For the purposes of this section, the administrator and the director may each designate a person to represent him on the board.
Sec. 16 NRS 201.195 is hereby amended to read as follows:
201.1951. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person convicted of violating any of the provisions of subsection 1 may not [be:
(a) Paroled] be paroled unless a board consisting of:
[(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
[(2)] (b) The director of the department of prisons or his designee; and
[(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
[(b) Released]
3. A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
[3.] 7. As used in this section, the "infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
Sec. 17 NRS 201.210 is hereby amended to read as follows:
201.2101. A person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. A person convicted of violating the provisions of subsection 1 must not [be:
(a) Paroled] be paroled unless a board consisting of:
[(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
[(2)] (b) The director of the department of prisons; and
[(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this [paragraph,] subsection, the administrator and the director may each designate a person to represent him on the board.
[(b) Released]
3. A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
[3.] 7. For the purposes of this section, the breast feeding of a child by the [child's] mother of the child does not constitute an act of open or gross lewdness.
Sec. 18 NRS 201.220 is hereby amended to read as follows:
201.2201. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. A person convicted of violating any of the provisions of subsection 1 must not [be:
(a) Paroled] be paroled unless a board consisting of:
[(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
[(2)] (b) The director of the department of prisons; and
[(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this [paragraph,] subsection, the administrator and the director may each designate a person to represent him on the board.
[(b) Released]
3. A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
[3.] 7. For the purposes of this section, the breast feeding of a child by the [child's] mother of the child does not constitute an act of open and indecent or obscene exposure of her body.
Sec. 19 NRS 201.230 is hereby amended to read as follows:
201.230 1. A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. A person convicted of violating any of the provisions of subsection 1 must not [be:
(a) Paroled] be paroled unless a board consisting of:
[(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
[(2)] (b) The director of the department of prisons; and
[(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this [paragraph,] subsection, the administrator and the director may each designate a person to represent him on the board.
[(b) Released]
3. A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
Sec. 20 NRS 201.450 is hereby amended to read as follows:
201.4501. A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served;
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;
(c) By a fine of not more than $20,000; or
(d) By both fine and imprisonment.
2. A person convicted of a violation of subsection 1 must not be granted probation or parole unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person is not a menace to the health, safety or morals of others.
3. A person who has been certified pursuant to subsection 2 for the purpose of being granted parole who returns for any reason to the custody of the department of prisons may not be paroled unless a psychologist or psychiatrist recertifies him in the manner set forth in subsection 2.
4. The psychologist or psychiatrist who certified an offender pursuant to subsection 2 may revoke the certification of the offender at any time.
5. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
6. For the purposes of this section, "sexual penetration" means cunnilingus, fellatio or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including , without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.
Sec. 21 This act becomes effective upon passage and approval.