Assembly Bill No. 18–Committee on Judiciary

 

Prefiled January 27, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Requires posting of bond by probationers and parolees who request permission to reside in another state. (BDR 14‑740)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to supervision; requiring the posting of a bond by probationers and parolees who request permission to reside in another state; enacting provisions governing the forfeiture and distribution of such bonds under certain circumstances; providing for the establishment of standards and adoption of regulations concerning such bonds; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 176A of NRS is hereby amended by

1-2  adding thereto a new section to read as follows:

1-3  1.  Unless a written waiver is granted by the Chief Parole and

1-4  Probation Officer in accordance with the regulations adopted

1-5  pursuant to subsection 4, a probationer who is granted permission

1-6  to be supervised in another state pursuant to NRS 213.215 must

1-7  post a bond with the Department of Public Safety before leaving

1-8  this state.

1-9  2.  The bond required pursuant to subsection 1 must:

1-10      (a) Be in an amount established by the Department of Public

1-11  Safety in accordance with the regulations adopted pursuant to

1-12  subsection 3.

1-13      (b) Be made payable to the State of Nevada.

2-1  (c) Be deposited with the Department of Public Safety.

2-2  (d) Remain in effect until forfeited or returned pursuant to this

2-3  section.

2-4  3.  The Director of the Department of Public Safety shall

2-5  adopt regulations as are necessary to carry out the provisions of

2-6  this section. The regulations must:

2-7  (a) Include, without limitation, standards for determining the

2-8  amount of a bond based upon the geographical proximity of the

2-9  state that will be supervising the probationer; and

2-10      (b) Provide that the amount of the bond must not be altered if

2-11  the probationer subsequently requests permission to be supervised

2-12  in a state other than the state for which the amount of the bond

2-13  was originally established.

2-14      4.  The Chief Parole and Probation Officer shall adopt

2-15  regulations providing standards and procedures for the waiver of

2-16  the requirement of posting a bond pursuant to this section.

2-17      5.  Except as otherwise provided in subsection 6, the bond

2-18  must be returned to the probationer upon:

2-19      (a) Voluntary return of the probationer to this state during the

2-20  term of his supervision; or

2-21      (b) Successful completion of the term of probation.

2-22      6.  If the bond of a probationer is returned to the probationer

2-23  pursuant to subsection 5, deductions for the following items must

2-24  be made, in the following order of priority, before any money is

2-25  returned to the probationer:

2-26      (a) Restitution owed to any victim of a crime committed by the

2-27  probationer.

2-28      (b) Fees owed for supervision of the probationer.

2-29      (c) Unpaid administrative assessments.

2-30      (d) Unpaid fines.

2-31      7.  If a probationer absconds, commits a new offense or

2-32  otherwise violates the terms and conditions of his probation, the

2-33  bond must be forfeited. If the probationer is:

2-34      (a) Returned to this state, the money from the forfeited bond

2-35  must be used to pay for the necessary expenses incurred by the

2-36  State of Nevada for returning the probationer to this state. If any

2-37  money remains after paying the costs of returning the probationer

2-38  to this state, deductions for the following items must be made, in

2-39  the following order of priority, before returning any money to the

2-40  probationer:

2-41          (1) Restitution owed to any victim of a crime committed by

2-42  the probationer.

2-43          (2) Fees owed for supervision of the probationer.

2-44          (3) Unpaid administrative assessments.

2-45          (4) Unpaid fines.

3-1  (b) Not returned to this state and issued a dishonorable

3-2  discharge, the money from the forfeited bond must be distributed

3-3  in the following order of priority:

3-4       (1) Restitution owed to any victim of a crime committed by

3-5  the probationer.

3-6       (2) Fees owed for supervision of the probationer.

3-7       (3) Unpaid administrative assessments.

3-8       (4) Unpaid fines.

3-9       (5) Fund for the Compensation of Victims of Crime created

3-10  pursuant to NRS 217.260.

3-11      Sec. 2.  NRS 176A.640 is hereby amended to read as follows:

3-12      176A.640  The necessary expenses of returning to the court a

3-13  person arrested for violation of probation are a charge against the

3-14  State and must be paid first from the bond, if any, posted by the

3-15  probationer pursuant to section 1 of this act and then from the

3-16  money appropriated to the Division. After the appropriation for this

3-17  purpose is exhausted, money must be allocated to the Division out

3-18  of the Reserve for Statutory Contingency Account, upon approval

3-19  by the State Board of Examiners, for the payment of these expenses.

3-20      Sec. 3.  Chapter 213 of NRS is hereby amended by adding

3-21  thereto a new section to read as follows:

3-22      1.  Unless a written waiver is granted by the Chairman of the

3-23  Board in accordance with the regulations adopted pursuant to

3-24  subsection 4, a parolee who is granted permission to be supervised

3-25  in another state pursuant to NRS 213.215 must post a bond with

3-26  the Department of Public Safety before leaving this state.

3-27      2.  The bond required pursuant to subsection 1 must:

3-28      (a) Be in an amount established by the Department of Public

3-29  Safety in accordance with the regulations adopted pursuant to

3-30  subsection 3.

3-31      (b) Be made payable to the State of Nevada.

3-32      (c) Be deposited with the Department of Public Safety.

3-33      (d) Remain in effect until forfeited or returned pursuant to this

3-34  section.

3-35      3.  The Director of the Department of Public Safety shall

3-36  adopt regulations as are necessary to carry out the provisions of

3-37  this section. The regulations must:

3-38      (a) Include, without limitation, standards for determining the

3-39  amount of a bond based upon the geographical proximity of the

3-40  state that will be supervising the parolee; and

3-41      (b) Provide that the amount of the bond must not be altered if

3-42  the parolee subsequently requests permission to be supervised in a

3-43  state other than the state for which the amount of the bond was

3-44  originally established.

4-1  4.  The Chairman of the Board shall adopt regulations

4-2  providing standards and procedures for the waiver of the

4-3  requirement of posting a bond pursuant to this section.

4-4  5.  Except as otherwise provided in subsection 6, the bond

4-5  must be returned to the parolee upon:

4-6  (a) Voluntary return of the parolee to this state during the

4-7  term of his parole; or

4-8  (b) Successful completion of the term of parole.

4-9  6.  If the bond of a parolee is returned to the parolee pursuant

4-10  to subsection 5, deductions for the following items must be made,

4-11  in the following order of priority, before any money is returned to

4-12  the parolee:

4-13      (a) Restitution owed to any victim of a crime committed by the

4-14  parolee.

4-15      (b) Fees owed for supervision of the parolee.

4-16      (c) Unpaid administrative assessments.

4-17      (d) Unpaid fines.

4-18      7.  If a parolee absconds, commits a new offense or otherwise

4-19  violates the terms and conditions of his parole, the bond must be

4-20  forfeited. If the parolee is:

4-21      (a) Returned to this state, the money from the forfeited bond

4-22  must be used to pay for the necessary expenses incurred by the

4-23  State of Nevada for returning the parolee to this state. If any

4-24  money remains after paying the costs of returning the parolee to

4-25  this state, deductions for the following items must be made, in the

4-26  following order of priority, before returning any money to the

4-27  parolee:

4-28          (1) Restitution owed to any victim of a crime committed by

4-29  the parolee.

4-30          (2) Fees owed for supervision of the parolee.

4-31          (3) Unpaid administrative assessments.

4-32          (4) Unpaid fines.

4-33      (b) Not returned to this state and issued a dishonorable

4-34  discharge, the money from the forfeited bond must be distributed

4-35  in the following order of priority:

4-36          (1) Restitution owed to any victim of a crime committed by

4-37  the parolee.

4-38          (2) Fees owed for supervision of the parolee.

4-39          (3) Unpaid administrative assessments.

4-40          (4) Unpaid fines.

4-41          (5) The Fund for the Compensation of Victims of Crime

4-42  created pursuant to NRS 217.260.

4-43      Sec. 4.  NRS 213.107 is hereby amended to read as follows:

4-44      213.107  As used in NRS 213.107 to 213.157, inclusive, and

4-45  section 3 of this act, unless the context otherwise requires:

5-1  1.  “Board” means the State Board of Parole Commissioners.

5-2  2.  “Chief” means the Chief Parole and Probation Officer.

5-3  3.  “Division” means the Division of Parole and Probation of

5-4  the Department of Public Safety.

5-5  4.  “Residential confinement” means the confinement of a

5-6  person convicted of a crime to his place of residence under the terms

5-7  and conditions established by the Board.

5-8  5.  “Sex offender” means any person who has been or is

5-9  convicted of a sexual offense.

5-10      6.  “Sexual offense” means:

5-11      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400,

5-12  NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS

5-13  201.180, paragraph (a) or subparagraph (2) of paragraph (b) of

5-14  subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or

5-15  paragraph (a) or (b) of subsection 3 of NRS 201.560;

5-16      (b) An attempt to commit any offense listed in paragraph (a); or

5-17      (c) An act of murder in the first or second degree, kidnapping in

5-18  the first or second degree, false imprisonment, burglary or invasion

5-19  of the home if the act is determined to be sexually motivated at a

5-20  hearing conducted pursuant to NRS 175.547.

5-21      7.  “Standards” means the objective standards for granting or

5-22  revoking parole or probation which are adopted by the Board or the

5-23  Chief.

5-24      Sec. 5.  NRS 213.153 is hereby amended to read as follows:

5-25      213.153  1.  The necessary expenses of returning to the State

5-26  Board of Parole Commissioners a person arrested for violation of

5-27  parole are a charge against the State and must be paid first from the

5-28  bond, if any, posted by the parolee pursuant to section 3 of this act

5-29  and then from the money appropriated to the Division. After the

5-30  appropriation for this purpose is exhausted, money must be

5-31  allocated to the Division out of the Reserve for Statutory

5-32  Contingency Account, upon approval by the State Board of

5-33  Examiners, for the payment of these expenses.

5-34      2.  Upon determining that a parolee has violated a condition of

5-35  his parole, the Board shall, if practicable, order the parolee to make

5-36  restitution for any necessary expenses incurred by a governmental

5-37  entity in returning him to the Board for violation of his parole.

5-38      Sec. 6.  The amendatory provisions of this act apply to an

5-39  offender who requests permission to transfer the responsibility of his

5-40  supervision to another state pursuant to NRS 213.215 on or after

5-41  October 1, 2003.

 

5-42  H