Assembly Bill No. 98–Committee on Judiciary

 

(On Behalf of the Nevada Supreme Court)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Authorizes governing body of city to create department of alternative sentencing. (BDR 16‑609)

 

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 sentencing; authorizing the governing body of a city to create a department of alternative sentencing; providing the duties of a department of alternative sentencing; providing the duties of the chief and assistants of a department of alternative sentencing; providing that the chief and assistants of a department of alternative sentencing have the powers of a peace officer for certain purposes; authorizing the court to take certain actions if a probationer who is supervised by a department of alternative sentencing created by the governing body of a city violates a condition of a suspended sentence; 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. Title 16 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 to 17, inclusive, of this act.

1-4  Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 8, inclusive,

1-6  of this act have the meanings ascribed to them in those sections.

1-7  Sec. 3.  “Assistant” means an assistant alternative sentencing

1-8  officer employed pursuant to subsection 1 of section 12 of this act.

2-1  Sec. 4.  “Chief” means the chief of a department of

2-2  alternative sentencing.

2-3  Sec. 5.  “Court” means a municipal court.

2-4  Sec. 6.  “Department” means a department of alternative

2-5  sentencing created pursuant to section 9 of this act.

2-6  Sec. 7.  “Governing body” means the governing body of a

2-7  city.

2-8  Sec. 8.  “Probationer” means a person who has been

2-9  convicted of a misdemeanor, who:

2-10      1.  Has had his sentence suspended pursuant to NRS 5.055,

2-11  and is serving that suspended sentence; or

2-12      2.  Has been sentenced to a term of residential confinement

2-13  pursuant to NRS 5.076, and is serving that term of residential

2-14  confinement.

2-15      Sec. 9.  The governing body may create a department of

2-16  alternative sentencing to provide a program of supervision for

2-17  probationers.

2-18      Sec. 10.  The department shall:

2-19      1.  Supervise a probationer who, as a condition of a suspended

2-20  sentence or a sentence to residential confinement, is released

2-21  under the supervision of the department by the court.

2-22      2.  At the time a probationer is released under the supervision

2-23  of the department:

2-24      (a) Provide the probationer with a written statement describing

2-25  the terms or conditions of the suspended sentence or residential

2-26  confinement imposed by the court; and

2-27      (b) Explain the terms or conditions to the probationer.

2-28      3.  Be knowledgeable about the conduct and activities of each

2-29  probationer under the supervision of the department.

2-30      4.  Use all reasonable methods to assist a probationer under

2-31  the supervision of the department to improve his conduct and

2-32  comply with the terms or conditions of his suspended sentence or

2-33  residential confinement.

2-34      5.  Collect and disburse any money in accordance with the

2-35  orders of the court and make a written record of any money so

2-36  collected or disbursed.

2-37      6.  Cooperate with and assist any agency of law enforcement

2-38  and any agency providing social services as requested by the court,

2-39  or as necessary to fulfill the duties of the department.

2-40      Sec. 11.  The chief:

2-41      1.  Must be appointed by the action of a majority of the

2-42  governing body.

2-43      2.  Must have at least 5 years of experience, with an

2-44  increasing level of responsibility, in the field of law enforcement,

2-45  corrections or supervision of persons on probation or parole.

3-1  Sec. 12.  The chief shall:

3-2  1.  Hire assistant alternative sentencing officers and other

3-3  employees as necessary to carry out the responsibilities of the

3-4  department within the limitations of appropriations to the

3-5  department by the governing body.

3-6  2.  Direct the work of all assistants and employees.

3-7  3.  Be responsible for the fiscal affairs of the department.

3-8  4.  Be responsible for the completion of any report regarding

3-9  an investigation or the supervision of a probationer and any report

3-10  requested by the court or the governing body.

3-11      5.  After reviewing and considering recognized correctional

3-12  programs and courses for training correctional staff, develop and

3-13  provide to assistants and other employees training in methods and

3-14  policies regarding the investigation and supervision of

3-15  probationers, the recordkeeping of the department and the

3-16  reporting on matters relating to probationers.

3-17      6.  Submit a written report, on or before January 31 of each

3-18  year, to the governing body and to the court, setting forth in detail

3-19  the activities of the department during the previous calendar year.

3-20  The report must include statistical data concerning the

3-21  department’s activities and operations and the probationers who

3-22  were under the supervision of the department during that period.

3-23      7.  Advise the court of any probationer who has violated the

3-24  terms or conditions of his suspended sentence or residential

3-25  confinement.

3-26      Sec. 13.  An assistant shall:

3-27      1.  Maintain detailed written records of his daily work;

3-28      2.  Make any report as required by the court or the chief; and

3-29      3.  Carry out any duty of the department as assigned by the

3-30  chief.

3-31      Sec. 14.  1.  The chief or an assistant may arrest a

3-32  probationer without a warrant if there is probable cause to believe

3-33  that the probationer has committed an act that constitutes a

3-34  violation of a condition of his suspended sentence or residential

3-35  confinement.

3-36      2.  Any other peace officer may arrest a probationer upon

3-37  receipt of a written order by a chief or an assistant stating that

3-38  there is probable cause to believe that a probationer has committed

3-39  an act that constitutes a violation of a condition of his suspended

3-40  sentence or residential confinement.

3-41      3.  After making an arrest, the chief, assistant or other peace

3-42  officer shall immediately notify the sentencing court of the arrest

3-43  of the probationer and shall submit a written report setting forth

3-44  the act that constituted a violation of a condition of the suspended

3-45  sentence or residential confinement of the probationer.

4-1  4.  The chief, assistant or other peace officer may immediately

4-2  release from custody without any further proceedings any

4-3  probationer arrested without a warrant pursuant to this section if

4-4  he determines that there is not probable cause to believe that the

4-5  person violated the condition of his suspended sentence or

4-6  residential confinement.

4-7  Sec. 15.  1.  If a probationer has violated a condition of his

4-8  suspended sentence, the court may, upon its own motion or upon

4-9  the report and recommendation of the chief or an assistant, do any

4-10  or all of the following:

4-11      (a) Modify the conditions of the suspension of the sentence.

4-12      (b) Modify and extend the suspension of the sentence, in whole

4-13  or in part, for a period of not more than 1 year after the date on

4-14  which the court finds that the probationer has committed the

4-15  violation, unless a longer period is authorized by specific statute.

4-16      (c) Revoke the suspension of the sentence, in whole or in part,

4-17  and cause all or part of the sentence to be executed.

4-18      2.  Before taking any action described in subsection 1, the

4-19  court shall provide the probationer with notice of the proposed

4-20  action and an opportunity to be heard.

4-21      Sec. 16.  1.  The governing body shall adopt a schedule of

4-22  fees to be imposed on probationers to defray the cost of the

4-23  supervision of a probationer. The schedule adopted must provide

4-24  for a monthly fee of not less than $20 for the supervision of a

4-25  probationer.

4-26      2.  Except as otherwise provided in subsection 3:

4-27      (a) The department shall charge each probationer the fee set

4-28  forth in the schedule adopted pursuant to subsection 1.

4-29      (b) Payment of the required fee by the probationer is a

4-30  condition of his suspended sentence or residential confinement.

4-31      3.  If the chief determines that payment of the fee would result

4-32  in economic hardship to a probationer, the chief may waive the

4-33  imposition of, or reduce the amount of, the fee. If the chief waives

4-34  the imposition of the fee, payment of the fee by the probationer

4-35  does not constitute a condition of his suspended sentence or

4-36  residential confinement.

4-37      Sec. 17.  1.  Any information regarding a probationer

4-38  obtained by the chief, an assistant or other employee of the

4-39  department in the discharge of his duties shall be deemed

4-40  confidential. Except as otherwise provided in subsection 2, the

4-41  chief, assistant or other employee of the department shall not

4-42  disclose such information.

4-43      2.  The chief, assistant or other employee of the department

4-44  shall disclose information obtained in the discharge of his duties

5-1  to the court or the city attorney upon request, or to any other

5-2  person as ordered by the court or as provided by law.

5-3  Sec. 18.  NRS 211A.050 is hereby amended to read as follows:

5-4  211A.050  “Court” means a justice’s court . [having jurisdiction

5-5  over a person who is charged with a misdemeanor.]

5-6  Sec. 19.  NRS 211A.070 is hereby amended to read as follows:

5-7  211A.070  “Probationer” means a person who has been

5-8  convicted of a misdemeanor, who:

5-9  1.  Has had his sentence suspended pursuant to NRS 4.373 , [or

5-10  5.055,] and is serving that suspended sentence; or

5-11      2.  Has been sentenced to a term of residential confinement

5-12  pursuant to NRS 4.3762 , [or 5.076,] and is serving that term of

5-13  residential confinement.

5-14      Sec. 20.  NRS 5.052 is hereby amended to read as follows:

5-15      5.052  If the [county] city in which a municipal court is situated

5-16  does not have a department of alternative sentencing, the municipal

5-17  court may contract with a qualified person , including, without

5-18  limitation, the chief of a department of alternative sentencing

5-19  established pursuant to NRS 211A.080, to administer a program of

5-20  supervision for persons whose sentences have been suspended

5-21  pursuant to NRS 5.055 or who are sentenced to a term of residential

5-22  confinement pursuant to NRS 5.076. [If the county in which the

5-23  municipal court is situated has a department of alternative

5-24  sentencing, the chief of that department shall administer the

5-25  program of supervision.]

5-26      Sec. 21.  NRS 5.055 is hereby amended to read as follows:

5-27      5.055  1.  Except as otherwise provided in subsection 2, [NRS

5-28  211A.127] section 15 of this act or another specific statute, or

5-29  unless the suspension of a sentence is expressly forbidden, a

5-30  municipal judge may suspend, for not more than 1 year, the sentence

5-31  of a person convicted of a misdemeanor. If the circumstances

5-32  warrant, the municipal judge may order as a condition of suspension

5-33  that the offender:

5-34      (a) Make restitution to the owner of any property that is lost,

5-35  damaged or destroyed as a result of the commission of the offense;

5-36      (b) Engage in a program of community service, for not more

5-37  than 200 hours;

5-38      (c) Actively participate in a program of professional counseling

5-39  at the expense of the offender;

5-40      (d) Abstain from the use of alcohol and controlled substances;

5-41      (e) Refrain from engaging in any criminal activity;

5-42      (f) Engage or refrain from engaging in any other conduct

5-43  deemed appropriate by the municipal judge;

5-44      (g) Submit to a search and seizure by the chief of a department

5-45  of alternative sentencing, an assistant alternative sentencing officer

6-1  or any other law enforcement officer at any time of the day or night

6-2  without a search warrant; and

6-3  (h) Submit to periodic tests to determine whether the offender is

6-4  using any controlled substance or alcohol.

6-5  2.  If a person is convicted of a misdemeanor that constitutes

6-6  domestic violence pursuant to NRS 33.018, the municipal judge

6-7  may, after the person has served any mandatory minimum period of

6-8  confinement, suspend the remainder of the sentence of the person

6-9  for not more than 3 years upon the condition that the person actively

6-10  participate in:

6-11      (a) A program of treatment for the abuse of alcohol or drugs

6-12  which is certified by the Health Division of the Department of

6-13  Human Resources;

6-14      (b) A program for the treatment of persons who commit

6-15  domestic violence that has been certified pursuant to NRS 228.470;

6-16  or

6-17      (c) The programs set forth in paragraphs (a) and (b),

6-18  and that he comply with any other condition of suspension ordered

6-19  by the municipal judge.

6-20      3.  The municipal judge may order reports from a person whose

6-21  sentence is suspended at such times as he deems appropriate

6-22  concerning the compliance of the offender with the conditions of

6-23  suspension. If the offender complies with the conditions of

6-24  suspension to the satisfaction of the municipal judge, the sentence

6-25  may be reduced to not less than the minimum period of confinement

6-26  established for the offense.

6-27      4.  The municipal judge may issue a warrant for the arrest of an

6-28  offender who violates or fails to fulfill a condition of suspension.

6-29      Sec. 22.  NRS 289.180 is hereby amended to read as follows:

6-30      289.180  1.  The following persons have the powers of a peace

6-31  officer:

6-32      (a) The Chief Parole and Probation Officer appointed pursuant

6-33  to NRS 213.1092;

6-34      (b) Assistant parole and probation officers appointed pursuant to

6-35  NRS 213.1095;

6-36      (c) The chief of a department of alternative sentencing

6-37  established pursuant to NRS 211A.080[;] or section 9 of this act;

6-38  and

6-39      (d) Assistant alternative sentencing officers of a department of

6-40  alternative sentencing[.] employed pursuant to NRS 211A.110 or

6-41  section 12 of this act.

6-42      2.  A juvenile probation officer or assistant juvenile probation

6-43  officer whose official duties require him to enforce court orders on

6-44  juvenile offenders and make arrests has the same powers as a peace

6-45  officer when performing duties pursuant to NRS 213.220 to

7-1  213.290, inclusive, or chapter 62 or 432B of NRS, including the

7-2  power to arrest an adult criminal offender encountered while in the

7-3  performance of those duties.

7-4  3.  A director of juvenile services has the powers of a peace

7-5  officer in his judicial district when performing duties pursuant to

7-6  NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS,

7-7  including the power to arrest an adult criminal offender encountered

7-8  while in the performance of those duties.

7-9  4.  The Chief of the Youth Parole Bureau of the Division of

7-10  Child and Family Services in the Department of Human Resources

7-11  and the parole officers of the Bureau have the powers of a peace

7-12  officer in carrying out the functions of the Bureau.

7-13      5.  A director of a department of family, youth and juvenile

7-14  services established pursuant to NRS 62.1264 has the powers of a

7-15  peace officer in the county when carrying out duties pursuant to

7-16  chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter

7-17  432B of NRS, including the power to arrest an adult criminal

7-18  offender encountered while carrying out those duties.

7-19      Sec. 23.  NRS 289.470 is hereby amended to read as follows:

7-20      289.470  “Category II peace officer” means:

7-21      1.  The bailiff of the Supreme Court;

7-22      2.  The bailiffs of the district courts, justices’ courts and

7-23  municipal courts whose duties require them to carry weapons and

7-24  make arrests;

7-25      3.  Constables and their deputies whose official duties require

7-26  them to carry weapons and make arrests;

7-27      4.  Inspectors employed by the Transportation Services

7-28  Authority who exercise those powers of enforcement conferred by

7-29  chapters 706 and 712 of NRS;

7-30      5.  Parole and probation officers;

7-31      6.  Special investigators who are employed full time by the

7-32  office of any district attorney or the Attorney General;

7-33      7.  Investigators of arson for fire departments who are specially

7-34  designated by the appointing authority;

7-35      8.  The assistant and deputies of the State Fire Marshal;

7-36      9.  The brand inspectors of the State Department of Agriculture

7-37  who exercise the powers of enforcement conferred by chapter 565

7-38  of NRS;

7-39      10.  The field agents and inspectors of the State Department of

7-40  Agriculture who exercise the powers of enforcement conferred by

7-41  NRS 561.225;

7-42      11.  Investigators for the State Forester Firewarden who are

7-43  specially designated by him and whose primary duties are related to

7-44  the investigation of arson;

8-1  12.  School police officers employed by the board of trustees of

8-2  any county school district;

8-3  13.  Agents of the State Gaming Control Board who exercise

8-4  the powers of enforcement specified in NRS 289.360, 463.140 or

8-5  463.1405, except those agents whose duties relate primarily to

8-6  auditing, accounting, the collection of taxes or license fees, or the

8-7  investigation of applicants for licenses;

8-8  14.  Investigators and administrators of the Division of

8-9  Compliance Enforcement of the Department of Motor Vehicles who

8-10  perform the duties specified in subsection 2 of NRS 481.048;

8-11      15.  Officers and investigators of the Section for the Control of

8-12  Emissions from Vehicles of the Department of Motor Vehicles who

8-13  perform the duties specified in subsection 3 of NRS 481.0481;

8-14      16.  Legislative police officers of the State of Nevada;

8-15      17.  The personnel of the Capitol Police Division of the

8-16  Department of Public Safety appointed pursuant to subsection 2 of

8-17  NRS 331.140;

8-18      18.  Parole counselors of the Division of Child and Family

8-19  Services of the Department of Human Resources;

8-20      19.  Juvenile probation officers and deputy juvenile probation

8-21  officers employed by the various judicial districts in the State of

8-22  Nevada or by a department of family, youth and juvenile services

8-23  established pursuant to NRS 62.1264 whose official duties require

8-24  them to enforce court orders on juvenile offenders and make arrests;

8-25      20.  Field investigators of the Taxicab Authority;

8-26      21.  Security officers employed full time by a city or county

8-27  whose official duties require them to carry weapons and make

8-28  arrests;

8-29      22.  The chief of a department of alternative sentencing created

8-30  pursuant to NRS 211A.080 or section 9 of this act and the assistant

8-31  alternative sentencing officers employed by that department; and

8-32      23.  Criminal investigators who are employed by the Secretary

8-33  of State.

 

8-34  H