SUMMARY--Requires lifetime supervision of certain mentally ill offenders. (BDR 14-292)
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 mentally ill offenders; requiring lifetime supervision of certain mentally ill offenders; providing a penalty; 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 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a defendant is convicted pursuant to a plea of guilty but mentally ill of a felony involving the use or threatened use of force or violence against the victim, the judge shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision begins upon the defendant's completion of a period of probation, a period of parole or a term of imprisonment.
3. A person sentenced to lifetime supervision may petition the court for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has not committed a crime for 15 years after his last conviction or release from incarceration, whichever occurs later; and
(b) The person is not likely to pose a threat to the safety of others if released from supervision.
Sec. 2 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall establish by regulation a program of lifetime supervision for offenders convicted pursuant to a plea of guilty but mentally ill of a felony involving the use or threatened use of force or violence against the victim and sentenced to lifetime supervision pursuant to section 1 of this act. The program must provide for the lifetime supervision of offenders by parole and probation officers.
2. Lifetime supervision of the offender begins upon the offender's completion of a period of probation, a period of parole or a term of imprisonment.
3. Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110.
4. An offender who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a category C felony and shall be punished pursuant to NRS 193.130. Lifetime supervision of an offender who is convicted pursuant to this subsection resumes upon the offender's completion of a period of probation, a period of parole or a term of imprisonment for that conviction.
Sec. 3 NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 2 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. 4 The amendatory provisions of section 1 of this act do not apply to an offense that was committed before October 1, 1997.