Assembly Bill No. 303–Committee on Judiciary

 

(On Behalf of Washoe County)

 

March 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to local facilities for detention. (BDR 16‑578)

 

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 incarceration; authorizing the sheriff to declare a state of emergency because of the overcrowding of prisoners in a county jail; providing that certain persons, courts and agencies may take certain actions to reduce overcrowding in a county jail; revising the provisions governing the requirement of prisoners in local facilities for detention to perform labor; revising certain provisions pertaining to the release of prisoners from local facilities for detention; 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 211 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 22, inclusive, of this

1-3  act.

1-4  Sec. 2. As used in sections 2 to 22, inclusive, of this act,

1-5  unless the context otherwise requires, the words and terms defined

1-6  in sections 3 to 10, inclusive, have the meanings ascribed to them

1-7  in those sections.

1-8  Sec. 3.  “County jail” means a facility operated by a county

1-9  for the physical detention and correction of prisoners.

2-1  Sec. 4.  “Maximum operational capacity” means the number

2-2  of prisoners that may be managed in a county jail in a safe and

2-3  secure manner as provided in section 12 of this act.

2-4  Sec. 5.  1.  “Offense that poses a threat to the public safety”

2-5  means an offense that is designated pursuant to section 21 of this

2-6  act, whether the offense is committed in this state or another

2-7  jurisdiction.

2-8  2.  The term includes, without limitation, an offense

2-9  prosecuted in:

2-10      (a) A tribal court.

2-11      (b) A court of the United States or the Armed Forces of the

2-12  United States.

2-13      Sec. 6.  “Overcrowded county jail” means a county jail whose

2-14  prisoner population exceeds the maximum operational capacity of

2-15  the county jail pursuant to section 12 of this act.

2-16      Sec. 7.  “Prisoner” means a person who is physically detained

2-17  in a county jail.

2-18      Sec. 8.  “Prisoner population” means the number of

2-19  prisoners physically detained in a county jail on a given date.

2-20      Sec. 9.  “Sheriff” means the sheriff of the county in which

2-21  the overcrowded county jail is located.

2-22      Sec. 10.  “State of emergency” means a state of emergency

2-23  declared by the sheriff pursuant to section 13 of this act.

2-24      Sec. 11.  The provisions of sections 2 to 22, inclusive, of this

2-25  act:

2-26      1.  Are applicable to all persons who are sentenced to a county

2-27  jail, including, without limitation, those who are sentenced to the

2-28  county jail as a condition of probation.

2-29      2.  Must not be applied to reduce or otherwise affect the total

2-30  period of probation imposed by the court.

2-31      3.  Are not applicable if the prisoner population of a county

2-32  jail exceeds the maximum operational capacity as the direct result

2-33  of a natural disaster or deliberate destruction of property.

2-34      Sec. 12.  1.  To determine the prisoner population, the

2-35  prisoners:

2-36      (a) Must be counted between the hours of 12:01 a.m. and

2-37  4:00 a.m.; and

2-38      (b) May be counted on any day.

2-39      2.  The maximum operational capacity of a county jail may be

2-40  determined:

2-41      (a) By considering the classification of prisoners and the

2-42  number of permanent beds available to the prisoner population in

2-43  the county jail; or

2-44      (b) By a court, if before July 1, 2003:

3-1       (1) The court prescribes a maximum operational capacity

3-2  that is less than the maximum operational capacity prescribed in

3-3  paragraph (a); and

3-4       (2) The prisoner population exceeds that maximum

3-5  operational capacity for 7 consecutive days or a shorter period if a

3-6  shorter period is prescribed by the court before July 1, 2003.

3-7  Sec. 13.  1.  If the prisoner population in a county jail

3-8  exceeds the maximum operational capacity prescribed in section

3-9  12 of this act, the sheriff shall:

3-10      (a) Certify in writing that the population has exceeded the

3-11  maximum operational capacity; and

3-12      (b) Provide notice of the written certification by first class mail

3-13  or personal delivery to the following persons:

3-14          (1) The chief judge of the district court;

3-15          (2) The chief judicial officer of each municipal court and

3-16  each justices’ court in the county in which the overcrowded county

3-17  jail is located;

3-18          (3) The chief judicial officer of each justices’ court in the

3-19  county in which the overcrowded county jail is located;

3-20          (4) The chairman of the board of county commissioners;

3-21  and

3-22          (5) The county manager.

3-23      2.  The sheriff shall declare a state of emergency if, not later

3-24  than 3 business days after the receipt of the notice of certification,

3-25  a majority of the persons who are notified do not find that the

3-26  sheriff acted in error.

3-27      3.  If the sheriff declares a state of emergency, the sheriff

3-28  shall provide written notice of the state of emergency by first class

3-29  mail or personal delivery to the following persons:

3-30      (a) The persons who are notified pursuant to subsection 1;

3-31      (b) The district attorney of the county in which the

3-32  overcrowded county jail is located; and

3-33      (c) The chief law enforcement officer of each state, county and

3-34  municipal law enforcement agency that is located in the county in

3-35  which the overcrowded county jail is located.

3-36      Sec. 14.  A person, court, agency or governmental entity may

3-37  take any lawful action to reduce the prisoner population of the

3-38  overcrowded county jail if the action is within the scope of

3-39  authority of the person, court, agency or governmental entity,

3-40  including, without limitation, any lawful action taken pursuant to

3-41  this section. To reduce the prisoner population of an overcrowded

3-42  county jail:

3-43      1.  A court may:

3-44      (a) Reduce bail to expedite the release of prisoners from the

3-45  overcrowded county jail.

4-1  (b) Accelerate pending court proceedings for prisoners who

4-2  are subject to the jurisdiction of the Department of Corrections

4-3  and who will be returned to the Department of Corrections

4-4  regardless of the outcome of the pending proceedings.

4-5  (c) Order probation, fines, community service or restitution as

4-6  alternatives to commitment to the overcrowded county jail.

4-7  (d) Accept credit cards for payments of bonds, fines and court

4-8  costs.

4-9  (e) Delay sentencing as an alternative to commitment to the

4-10  overcrowded county jail.

4-11      (f) Release prisoners from the overcrowded county jail on their

4-12  own recognizance.

4-13      (g) Release prisoners on a conditional basis from the

4-14  overcrowded county jail.

4-15      2.  The prosecuting attorney may utilize appropriate methods

4-16  of pre-trial diversion.

4-17      3.  The sheriff may:

4-18      (a) Place prisoners in work programs.

4-19      (b) Place prisoners in alternative housing arrangements.

4-20      (c) Refuse to commit persons to the overcrowded county jail

4-21  who are not required by law to be committed to the overcrowded

4-22  county jail.

4-23      4.  The appropriate persons, courts, agencies or governmental

4-24  entities may:

4-25      (a) Use alternative methods to process and book persons,

4-26  including issuing citations in lieu of booking persons into the

4-27  overcrowded county jail.

4-28      (b) Use alternative arrangements for commitment in lieu of

4-29  committing persons into the overcrowded county jail.

4-30      (c) Accelerate the transfer of prisoners to the Department of

4-31  Corrections if the prisoners are sentenced to the state prison

4-32  system or otherwise subject to the jurisdiction of the Department

4-33  of Corrections.

4-34      (d) Use community mental health and private mental health

4-35  resources in the county as alternatives to committing persons to or

4-36  retaining prisoners in the overcrowded county jail if:

4-37          (1) The person or prisoner qualifies for placement in a

4-38  mental health program; and

4-39          (2) Placement in a mental health program is appropriate

4-40  for that person or prisoner.

4-41      (e) Use community and private substance abuse programs and

4-42  other therapeutic programs as alternatives to committing persons

4-43  to or retaining prisoners in the overcrowded county jail if:

4-44          (1) The person or prisoner qualifies for placement in a

4-45  substance abuse program; and

5-1       (2) Placement in a substance abuse program is appropriate

5-2  for that person or prisoner.

5-3  (f) Enter into agreements which allow the sheriff to commit

5-4  prisoners to facilities operated by other governmental entities.

5-5  (g) Review agreements which allow other governmental

5-6  entities to commit their prisoners to the overcrowded county jail to

5-7  determine whether the agreements may be terminated.

5-8  (h) Prepare a long-range plan for addressing the problem of

5-9  overcrowding in the county jails, including, without limitation,

5-10  recommendations to the county board of commissioners

5-11  regarding:

5-12          (1) The construction of new county jails;

5-13          (2) Funding for construction of new county jails; and

5-14          (3) Other options designed to alleviate the problem of

5-15  overcrowding in county jails.

5-16      (i) Review sentencing procedures, including, without

5-17  limitation:

5-18          (1) Accelerating the preparation of presentence reports for

5-19  prisoners awaiting sentence; and

5-20          (2) Staggering the dates on which prisoners start serving

5-21  county jail sentences to minimize fluctuating demands on the

5-22  capacity of county jails.

5-23      Sec. 15.  The actions taken to reduce the prisoner population

5-24  of the overcrowded county jail pursuant to sections 2 to 22,

5-25  inclusive, of this act must reduce the prisoner population to

5-26  whichever is the greater prisoner population of the following:

5-27      1.  Ninety percent of the maximum operational capacity of the

5-28  county jail or, if a court prescribes a lower percentage before

5-29  July 1, 2003, that percentage; or

5-30      2.  For a county jail with a maximum operational capacity:

5-31      (a) Of less than 500 beds, the prisoner population which leaves

5-32  at least 5 percent of the beds unoccupied.

5-33      (b) Of 500 beds or more, the prisoner population which leaves

5-34  at least 10 percent of the beds unoccupied.

5-35      Sec. 16.  1.  If the prisoner population is not reduced

5-36  pursuant to section 15 of this act within 14 days after the

5-37  declaration of a state of emergency, the sheriff shall provide to the

5-38  chief judge of the district court and the chief judicial officer of

5-39  each municipal court and justices’ court in the county in which

5-40  the overcrowded county jail is located the following information

5-41  for each prisoner in the overcrowded county jail on that date:

5-42      (a) The name of the prisoner;

5-43      (b) The offense for which the prisoner was convicted;

5-44      (c) The length of sentence imposed for the prisoner;

5-45      (d) The name of the judge who imposed the sentence;

6-1  (e) The date on which the prisoner began serving the sentence;

6-2  and

6-3  (f) The date on which the prisoner is scheduled to be released

6-4  from the county jail according to the terms of the sentence,

6-5  including calculations concerning deductions of days from the

6-6  term of imprisonment pursuant to NRS 211.310 to 211.340,

6-7  inclusive.

6-8  2.  The judges who receive the information listed in subsection

6-9  1 shall:

6-10      (a) Review the information;

6-11      (b) Classify the prisoners into the following two groups:

6-12          (1) Prisoners who, if released, would present a high risk to

6-13  the public safety; and

6-14          (2) Prisoners who, if released, would not present a high risk

6-15  to the public safety; and

6-16      (c) Determine a minimum and a maximum percentage by

6-17  which the sentences may be reduced.

6-18      Sec. 17.  1.  After the judges make their determinations

6-19  pursuant to subsection 2 of section 16 of this act, the sheriff shall

6-20  reduce the sentences of all prisoners:

6-21      (a) Who, if released, would not present a high risk to the

6-22  public safety.

6-23      (b) By a percentage which is within the minimum and

6-24  maximum percentages pursuant to subsection 2 of section 16 of

6-25  this act.

6-26      2.  The sheriff may continue to reduce the sentences of

6-27  prisoners pursuant to this section if the problem of overcrowding

6-28  continues.

6-29      Sec. 18.  If the actions taken to reduce the prisoner

6-30  population in an overcrowded county jail pursuant to sections 2 to

6-31  22, inclusive, of this act do not reduce the prisoner population to

6-32  the level prescribed in section 15 of this act within 28 days of the

6-33  declaration of the state of emergency, the sheriff shall reduce the

6-34  original sentence of each prisoner in the overcrowded county jail

6-35  on that date by the least possible percentage, not to exceed 30

6-36  percent, which is necessary to reduce the prisoner population to

6-37  the level prescribed in section 15 of this act.

6-38      Sec. 19.  1.  The sheriff shall not reduce the sentences of

6-39  prisoners after the state of emergency ends or after the sheriff

6-40  orders a reduction of sentence pursuant to section 18 of this act,

6-41  whichever occurs first.

6-42      2.  If the sentence of a prisoner is reduced more than once

6-43  pursuant to the provisions of sections 2 to 22, inclusive, of this act,

6-44  the sentence must not be reduced in total by more than 35 percent

6-45  of the original sentence.

7-1  3.  The provisions of sections 2 to 22, inclusive, of this act do

7-2  not limit the authority of a sheriff to deduct days from a prisoner’s

7-3  term of imprisonment pursuant to NRS 211.310 to 211.340,

7-4  inclusive.

7-5  Sec. 20.  1.  Except as otherwise provided in this section, if

7-6  the actions taken to reduce the prisoner population in an

7-7  overcrowded county jail pursuant to sections 2 to 22, inclusive, of

7-8  this act do not reduce the prisoner population to the level

7-9  prescribed in section 15 of this act within 42 days after the

7-10  declaration of the state of emergency, the sheriff shall defer

7-11  the acceptance of persons sentenced or otherwise committed to the

7-12  overcrowded county jail until the state of emergency ends

7-13  pursuant to section 22 of this act.

7-14      2.  The sheriff shall not defer the acceptance of persons who

7-15  are sentenced or otherwise committed to the overcrowded county

7-16  jail if:

7-17      (a) The person is sentenced or otherwise committed to the

7-18  overcrowded county jail for an offense that poses a threat to the

7-19  public safety as designated pursuant to section 21 of this act; or

7-20      (b) The sheriff or the judge who sentenced or otherwise

7-21  committed the person to the overcrowded county jail provides to

7-22  the chief judge of the district court and the chief judicial officer of

7-23  each municipal court and justices’ court in the county in which

7-24  the overcrowded county jail is located information which shows

7-25  that deferring the acceptance of the prisoner into the county jail

7-26  would constitute a threat to the public safety and, based upon the

7-27  information, the chief judge of the district court approves of the

7-28  acceptance of the person into the overcrowded county jail.

7-29      Sec. 21.  1.  The Attorney General shall establish guidelines

7-30  to designate which offenses constitute offenses that pose a threat

7-31  to the public safety. In making this determination, the Attorney

7-32  General shall consider the following categories of offenses:

7-33      (a) Sexual offenses;

7-34      (b) Offenses involving deadly weapons, explosives or firearms;

7-35      (c) Offenses involving assault;

7-36      (d) Offenses involving the use or threatened use of force or

7-37  violence;

7-38      (e) Offenses involving controlled substances;

7-39      (f) Offenses involving escape from prison or jail; or

7-40      (g) Any other offense that poses a threat to the public safety.

7-41      2.  In developing the guidelines pursuant to this section, the

7-42  Attorney General shall consult with state and local law

7-43  enforcement agencies.

 

8-1  Sec. 22.  1.  Except as otherwise provided in this section, the

8-2  sheriff shall end the state of emergency:

8-3  (a) At any time during the state of emergency if the prisoner

8-4  population of the overcrowded county jail is reduced to the level

8-5  prescribed in section 15 of this act; or

8-6  (b) Not later than 70 days after the date of the declaration of

8-7  the state of emergency.

8-8  2.  If the sheriff determines that the state of emergency must

8-9  end, the sheriff shall:

8-10      (a) Certify in writing that the state of emergency must end;

8-11  and

8-12      (b) Provide notice of the written certification by first class mail

8-13  or personal delivery to the following persons:

8-14          (1) The chief judge of the district court;

8-15          (2) The chief judicial officer of each municipal court in the

8-16  county in which the overcrowded county jail is located;

8-17          (3) The chief judicial officer of each justices’ court in the

8-18  county in which the overcrowded county jail is located;

8-19          (4) The chairman of the board of county commissioners;

8-20  and

8-21          (5) The county manager.

8-22      3.  The sheriff shall not end the state of emergency if, not later

8-23  than 3 business days after the receipt of the written certification, a

8-24  majority of the persons who are notified pursuant to subsection 2

8-25  find that the sheriff acted in error.

8-26      Sec. 23.  NRS 211.130 is hereby amended to read as follows:

8-27      211.130  1.  Except as otherwise provided in subsection 2, all

8-28  prisoners sentenced by the judge of any district court, [or by] the

8-29  justice of the peace of any justice’s court[,] or the judge of any

8-30  municipal court and sentenced to a term of imprisonment in any

8-31  county, city or town jail or detention facility shall be deemed to

8-32  have been also sentenced to labor during such term . [, unless the

8-33  judge or justice of the peace sentencing the prisoner, for good cause,

8-34  orders otherwise.]

8-35      2.  A board of county commissioners or the governing body of a

8-36  city may authorize the sheriff or chief of police of the municipality

8-37  to establish a program pursuant to NRS 211.171 to 211.200,

8-38  inclusive, for the voluntary exchange by a prisoner sentenced to

8-39  confinement in a jail or detention facility of 10 hours of labor on

8-40  public works for 1 day of physical confinement, unless the

8-41  sentencing court has otherwise ordered in a particular case or has

8-42  restricted the prisoner’s eligibility.

8-43      Sec. 24.  NRS 211.240 is hereby amended to read as follows:

8-44      211.240  1.  [The sheriff with] With respect to a county jail,

8-45  [or the officer in charge with respect to a city jail, may apply to the

9-1  presiding judge, or to the judges jointly if there is no presiding

9-2  judge,] the sheriff may apply to the chief judge of the judicial

9-3  district for authority to release prisoners pursuant to [the provisions

9-4  of this section. The duration of this authority if granted must not

9-5  exceed 30 days.

9-6  2.  At any time within the duration of an authority granted when

9-7  the number of prisoners exceeds the number of beds available in the

9-8  jail, the sheriff or other officer in charge may release the lesser of:

9-9  (a) The number of prisoners eligible under this section; or

9-10      (b) The difference between the number of prisoners and the

9-11  number of beds.

9-12      3.  A prisoner is eligible for release only if:

9-13      (a) He is serving a sentence of fixed duration and has already

9-14  served at least 90 percent of the sentence after deduction of any

9-15  credit; and

9-16      (b) His sentence would expire or he would otherwise be released

9-17  within 5 days.

9-18      4.  Among prisoners eligible, priority must be given to those

9-19  whose expiration of sentence or other release is closest.] an order

9-20  entered by the chief judge.

9-21      2.  With respect to a city jail, the officer in charge may apply

9-22  to the chief judicial officer of the municipal court for authority to

9-23  release prisoners pursuant to an order entered by the chief judicial

9-24  officer.

9-25      Sec. 25.  This act becomes effective on July 1, 2003.

 

9-26  H