SUMMARY--Eliminates provisions allowing court to commit certain convicted persons to custody of department of prisons for evaluation. (BDR 14-585)
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 convicted persons; eliminating the provisions that allow a court to commit certain convicted persons to the custody of the department of prisons for an evaluation; 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 NRS 176.105 is hereby amended to read as follows:
176.105 1. If a defendant is found guilty and is [:
(a) To be committed to the custody of the director of the department of prisons for an evaluation by the department, the judgment of conviction must set forth the plea, the verdict or finding and the adjudication.
(b) Sentenced] sentenced as provided by law, the judgment of conviction must set forth:
[(1)] (a) The plea;
[(2)] (b) The verdict or finding;
[(3)] (c) The adjudication and sentence, including the date of the sentence, any term of imprisonment, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
[(4)] (d) The exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the clerk.
Sec. 2. NRS 209.341 is hereby amended to read as follows:
209.341 The director shall:
1. [With] Establish, with the approval of the board, [establish] a system of initial classification and evaluation for offenders who are [committed to him for evaluation by the department or] sentenced to imprisonment in the state prison; and
2. Assign every person [who is committed to him for evaluation by the department or] who is sentenced to imprisonment in the state prison to an appropriate institution or facility of the department. The assignment must be based on an evaluation of the offender's records, particular needs and requirements for custody.
Sec. 3. NRS 209.385 is hereby amended to read as follows:
209.385 1. Each offender committed to the custody of the department for [evaluation or] imprisonment shall submit to such initial tests as the director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the state board of health. At the time the offender is committed to custody and after [any] an incident involving the offender:
(a) The appropriate approved tests must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of [any] an initial test are positive, the offender shall submit to such supplemental tests as the director determines appropriate. Each such test must be approved for the purpose by regulation of the state board of health.
3. If the results of [any] a supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of [any] a supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. [Any] A person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
6. As used in this section:
(a) "Incident" means [any] an occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
(b) "Infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex.
Sec. 4. NRS 176.158 is hereby repealed.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
TEXT OF REPEALED SECTION
176.158 Commitment to custody of director of department of prisons; conduct of evaluation; report and recommendations; sentencing.
1. If a defendant has:
(a) Been convicted of a felony for which he may be sentenced to imprisonment; and
(b) Never been sentenced to imprisonment as an adult for more than 6 months,
the court may, before sentencing the defendant and in lieu of ordering the defendant to complete a program of regimental discipline pursuant to NRS 176.2248, commit him to the custody of the director of the department of prisons for not more than 120 days. The period of commitment may be extended once for another period of 60 days at the request of the department of prisons. During the time for which a defendant is committed to the custody of the director, the director may assign the defendant to appropriate programs of rehabilitation to facilitate the evaluation of the defendant required under subsection 2.
2. The department of prisons shall conduct a complete evaluation of the defendant during the time of commitment under this section, and shall inquire into such matters as his previous delinquency or criminal record, social background and capabilities, his mental, emotional and physical health, and the resources and programs available to suit his needs for rehabilitation.
3. The department of prisons shall return the defendant to the court not later than the end of the period for which he was committed under this section and provide the court with a report of the results of its evaluation, including any recommendations which it believes will be helpful to the court in determining the proper sentence.
4. Upon receiving the report and recommendations, the court shall sentence the defendant to:
(a) An appropriate term of imprisonment the duration of which must be computed from the date of commitment under subsection 1; or
(b) Probation, a condition of which must be that the defendant serve a number of days in the state prison equal to or greater than the number of days spent in confinement under subsection 1, including the day of commitment.