SB264_EN

Senate Bill No. 264–Senators Tiffany, Care,
Neal and Nolan

CHAPTER..........

AN ACT relating to the Department of Corrections; authorizing the Director of the Department of Corrections to establish a correctional program for the reentry of offenders and parolees into the community; allowing the Director to assign certain offenders to serve a term of residential confinement or other appropriate supervision; making various changes to the provisions governing programs of work release; making various other changes to provisions pertaining to the Department; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 209 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. “Correctional program” means a program for reentry

of prisoners and parolees into the community that is established by

the Director pursuant to section 3 of this act.

Sec. 3. 1. The Director may establish a correctional

program for reentry of offenders and parolees into the community

pursuant to this section.

2. If the Director establishes a correctional program pursuant

to this section, the Director shall:

(a) Determine whether offenders in the custody of the

Department are suitable to participate in a correctional program.

(b) Determine whether parolees who are referred by the

Chairman of the State Board of Parole Commissioners pursuant

to section 23 of this act are suitable to participate in a correctional

program as a condition of their parole.

Commissioners assign to a correctional program offenders and

parolees determined by the Director to be suitable to participate in

a correctional program, under the terms and conditions agreed

upon by the Director and the Chairman, including, if appropriate,

supervision of the offenders and parolees by the Division during

their participation in the correctional program.

3. An offender or parolee may not be assigned to the custody

of the Division to participate in a correctional program unless the

Director grants prior approval of the assignment pursuant to this

section.

Sec. 4. 1. Except as otherwise provided in this section, if a

correctional program has been established by the Director in the

county in which an offender was sentenced to imprisonment, the

Director may, after consulting with the Division, determine that an

offender is suitable to participate in the correctional program if:

(a) The Director believes that the offender would participate

successfully in and benefit from the correctional program;

(b) The offender has demonstrated a willingness to:

(1) Engage in employment or participate in vocational

rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim

of his crime; and

prison, as determined by the Director.

2. Except as otherwise provided in this section, if the Director

determines that an offender is suitable to participate in the

correctional program, the Director shall request that the

Chairman of the State Board of Parole Commissioners assign

the offender to the custody of the Division to participate in the

correctional program. The Chairman may assign the offender to

the custody of the Division to participate in the correctional

program for not longer than the remainder of his sentence.

3. The Director shall, by regulation, adopt standards setting

forth which offenders are suitable to participate in the

correctional program pursuant to this section. The standards

adopted by the Director must be approved by the Board and must

provide that an offender who:

(a) Has recently committed a serious infraction of the rules of

an institution or facility of the Department;

(b) Has not performed the duties assigned to him in a faithful

and orderly manner;

convicted of any crime involving the use or threatened use of force

or violence against a victim that is punishable as a felony;

(d) Has ever been convicted of a sexual offense;

(e) Has escaped or attempted to escape from any jail or

correctional institution for adults; or

(f) Has not made an effort in good faith to participate in or to

complete any educational or vocational program or any program

of treatment, as ordered by the Director,

is not eligible for assignment to the custody of the Division

pursuant to this section to participate in a correctional program.

4. The Director shall adopt regulations requiring offenders

who are assigned to the custody of the Division pursuant to this

section to reimburse the Division and the Department for the cost

of their participation in a correctional program, to the extent of

their ability to pay.

5. The Director may return the offender to the custody of the

Department at any time for any violation of the terms and

conditions agreed upon by the Director and the Chairman.

6. If an offender assigned to the custody of the Division

pursuant to this section violates any of the terms or conditions

agreed upon by the Director and the Chairman and is returned to

the custody of the Department, the offender forfeits all or part of

the credits for good behavior earned by him before he was

returned to the custody of the Department, as determined by the

Director. The Director may provide for a forfeiture of credits

pursuant to this subsection only after proof of the violation and

notice is given to the offender. The Director may restore credits so

forfeited for such reasons as he considers proper. The decision of

the Director regarding such a forfeiture is final.

7. The assignment of an offender to the custody of the

Division pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a release on

parole; and

(b) For the purposes of NRS 209.341, an assignment to a

facility of the Department,

except that the offender is not entitled to obtain any benefits or to

participate in any programs provided to offenders in the custody of

the Department.

8. An offender does not have a right to be assigned to the

custody of the Division pursuant to this section, or to remain in

that custody after such an assignment. It is not intended that the

establishment or operation of a correctional program creates any

right or interest in liberty or property or establishes a basis for any

cause of action against the State of Nevada, its political

subdivisions, agencies, boards, commissions, departments, officers

or employees.

Sec. 5. NRS 209.3925 is hereby amended to read as follows:

209.3925 1. Except as otherwise provided in subsection 6,

the Director may assign an offender to the custody of the Division

of Parole and Probation of the Department of Public Safety to serve

a term of residential confinement pursuant to NRS 213.380 [,] or

other appropriate supervision as determined by the Division of

Parole and Probation, for not longer than the remainder of his

sentence, if:

(a) The Director has reason to believe that the offender is:

(1) Physically incapacitated or in ill health to such a degree

that he does not presently, and likely will not in the future, pose a

threat to the safety of the public; [or]

(2) In ill health and expected to die within 12 months, and

does not presently, and likely will not in the future, pose a threat to

the safety of the public; and

(b) At least two physicians licensed pursuant to chapter 630 of

NRS, one of whom is not employed by the Department, verify, in

writing, that the offender is:

(1) Physically incapacitated[;] or in ill health; or

(2) In ill health and expected to die within 12 months.

2. If the Director intends to assign an offender to the custody of

the Division of Parole and Probation pursuant to this section, at least

45 days before the date the offender is expected to be released from

the custody of the Department, the Director shall notify:

(a) If the offender will reside within this state after he is released

from the custody of the Department, the board of county

commissioners of the county in which the offender will reside; and

(b) The Division of Parole and Probation.

3. If any victim of a crime committed by the offender has,

pursuant to subsection 4 of NRS 213.130, requested to be notified of

the consideration of a prisoner for parole and has provided a current

address, the Division of Parole and Probation shall notify the victim

that:

(a) The Director intends to assign the offender to the custody of

the Division of Parole and Probation pursuant to this section; and

(b) The victim may submit documents to the Division of Parole

and Probation regarding such an assignment.

If a current address has not been provided by a victim as required by

subsection 4 of NRS 213.130, the Division of Parole and Probation

must not be held responsible if notification is not received by the

victim. All personal information, including, but not limited to, a

current or former address, which pertains to a victim and which is

received by the Division of Parole and Probation pursuant to this

subsection is confidential.

4. If an offender assigned to the custody of the Division of

Parole and Probation pursuant to this section escapes or violates any

of the terms or conditions of his residential confinement [:] or other

appropriate supervision as determined by the Division of Parole

and Probation:

(a) The Division of Parole and Probation may, pursuant to the

procedure set forth in NRS 213.410, return the offender to the

custody of the Department.

(b) The offender forfeits all or part of the credits for good

behavior earned by him before the escape or violation, as

determined by the Director. The Director may provide for a

forfeiture of credits pursuant to this paragraph only after proof of the

offense and notice to the offender and may restore credits forfeited

for such reasons as he considers proper. The decision of the Director

regarding such a forfeiture is final.

5. The assignment of an offender to the custody of the Division

of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a release on

parole; and

(b) For the purposes of NRS 209.341, an assignment to a facility

of the Department,

except that the offender is not entitled to obtain any benefits or to

participate in any programs provided to offenders in the custody of

the Department.

6. The Director may not assign an offender to the custody of

the Division of Parole and Probation pursuant to this section if the

offender is sentenced to death or imprisonment for life without the

possibility of parole.

7. An offender does not have a right to be assigned to the

custody of the Division of Parole and Probation pursuant to this

section, or to remain in that custody after such an assignment, and it

is not intended that the provisions of this section or of NRS 213.371

to 213.410, inclusive, create any right or interest in liberty or

property or establish a basis for any cause of action against the

State, its political subdivisions, agencies, boards, commissions,

departments, officers or employees.

Sec. 6. NRS 209.432 is hereby amended to read as follows:

209.432 As used in NRS 209.432 to 209.451, inclusive, unless

the context otherwise requires:

1. “Offender” includes:

(a) A person who is convicted of a felony under the laws of this

state and sentenced, ordered or otherwise assigned to serve a term of

residential confinement.

(b) A person who is convicted of a felony under the laws of this

state and assigned to the custody of the Division of Parole and

Probation of the Department of Public Safety pursuant to NRS

209.4886[.] or section 4 of this act.

2. “Residential confinement” means the confinement of a

person convicted of a felony to his place of residence under the

terms and conditions established pursuant to specific statute. The

term does not include any confinement ordered pursuant to NRS

176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive,

213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

Sec. 7. NRS 209.446 is hereby amended to read as follows:

209.446 1. Every offender who is sentenced to prison for a

crime committed on or after July 1, 1985, but before July 17, 1997,

who has no serious infraction of the regulations of the Department,

the terms and conditions of his residential confinement, or the laws

of the State recorded against him, and who performs in a faithful,

orderly and peaceable manner the duties assigned to him, must be

allowed:

(a) For the period he is actually incarcerated under sentence;

(b) For the period he is in residential confinement; and

and Probation of the Department of Public Safety pursuant to NRS

209.4886[,] or section 4 of this act,

a deduction of 10 days from his sentence for each month he serves.

2. In addition to the credit provided for in subsection 1, the

Director may allow not more than 10 days of credit each month for

an offender whose diligence in labor and study merits such credits.

In addition to the credits allowed pursuant to this subsection, an

offender is entitled to the following credits for educational

achievement:

(a) For earning a general equivalency diploma, 30 days.

(b) For earning a high school diploma, 60 days.

3. The Director may allow not more than 10 days of credit each

month for an offender who participates in a diligent and responsible

manner in a center for the purpose of making restitution,

conservation camp, program of work release or another program

conducted outside of the prison. An offender who earns credit

pursuant to this subsection is entitled to the entire 20 days of credit

each month which is authorized in subsections 1 and 2.

4. The Director may allow not more than 90 days of credit each

year for an offender who engages in exceptional meritorious service.

5. The Board shall adopt regulations governing the award,

forfeiture and restoration of credits pursuant to this section.

6. Credits earned pursuant to this section:

(a) Must be deducted from the maximum term imposed by the

sentence; and

(b) Apply to eligibility for parole unless the offender was

sentenced pursuant to a statute which specifies a minimum sentence

which must be served before a person becomes eligible for parole.

Sec. 8. NRS 209.4465 is hereby amended to read as follows:

209.4465 1. An offender who is sentenced to prison for a

crime committed on or after July 17, 1997, who has no serious

infraction of the regulations of the Department, the terms and

conditions of his residential confinement or the laws of the State

recorded against him, and who performs in a faithful, orderly and

peaceable manner the duties assigned to him, must be allowed:

(a) For the period he is actually incarcerated pursuant to his

sentence;

(b) For the period he is in residential confinement; and

and Probation of the Department of Public Safety pursuant to NRS

209.4886[,] or section 4 of this act,

a deduction of 10 days from his sentence for each month he serves.

2. In addition to the credits allowed pursuant to subsection 1,

the Director may allow not more than 10 days of credit each month

for an offender whose diligence in labor and study merits such

credits. In addition to the credits allowed pursuant to this subsection,

an offender is entitled to the following credits for educational

achievement:

(a) For earning a general equivalency diploma, 30 days.

(b) For earning a high school diploma, 60 days.

3. The Director may, in his discretion, authorize an offender to

receive a maximum of 90 days of credit for each additional degree

of higher education earned by the offender.

4. The Director may allow not more than 10 days of credit each

month for an offender who participates in a diligent and responsible

manner in a center for the purpose of making restitution,

conservation camp, program of work release or another program

conducted outside of the prison. An offender who earns credit

pursuant to this subsection is eligible to earn the entire 20 days of

credit each month that is allowed pursuant to subsections 1 and 2.

5. The Director may allow not more than 90 days of credit each

year for an offender who engages in exceptional meritorious service.

6. The Board shall adopt regulations governing the award,

forfeiture and restoration of credits pursuant to this section.

7. Credits earned pursuant to this section:

(a) Must be deducted from the maximum term imposed by the

sentence; and

(b) Apply to eligibility for parole unless the offender was

sentenced pursuant to a statute which specifies a minimum sentence

that must be served before a person becomes eligible for parole.

Sec. 9. NRS 209.4871 is hereby amended to read as follows:

209.4871 As used in NRS 209.4871 to 209.4889, inclusive,

and sections 2, 3 and 4 of this act, unless the context otherwise

requires, the words and terms defined in NRS 209.4874, 209.4877

and 209.488 and section 2 of this act have the meanings ascribed to

them in those sections.

Sec. 10. NRS 209.4877 is hereby amended to read as follows:

209.4877 [“Program”] “Judicial program” means a program

for reentry of [prisoners] offenders and parolees into the community

that is established in a judicial district pursuant to NRS 209.4883.

Sec. 11. NRS 209.488 is hereby amended to read as follows:

209.488 “Reentry court” means the court in a judicial district

that has established a judicial program.

Sec. 12. NRS 209.4883 is hereby amended to read as follows:

209.4883 1. A judicial district may establish a judicial

program for reentry of offenders and parolees into the community

pursuant to this section.

2. If a judicial district establishes a judicial program pursuant

to this section, the reentry court shall:

(a) Determine whether offenders who are referred by the

Director pursuant to NRS 209.4886 should be assigned to the

custody of the Division to participate in a judicial program.

(b) Determine whether parolees who are referred by the

Chairman of the State Board of Parole Commissioners pursuant to

NRS 213.625 should be ordered by the Board to participate in a

judicial program as a condition of their parole.

program during their participation in the judicial program.

3. An offender may not be assigned to the custody of the

Division to participate in a judicial program unless the reentry court

grants prior approval of the assignment pursuant to this section.

4. Except as otherwise provided in NRS 213.625, a parolee

may not participate in a judicial program as a condition of his parole

unless the reentry court grants prior approval for his participation

pursuant to this section.

Sec. 13. NRS 209.4886 is hereby amended to read as follows:

209.4886 1. Except as otherwise provided in this section, if a

judicial program has been established in the judicial district in

which an offender was sentenced to imprisonment, the Director

may, after consulting with the Division, refer the offender to the

reentry court if:

(a) The Director believes that the offender would participate

successfully in and benefit from the judicial program;

(b) The offender has demonstrated a willingness to:

(1) Engage in employment or participate in vocational

rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim

of his crime; and

prison, as determined by the Director.

2. Except as otherwise provided in this section, if the Director

is notified by the reentry court pursuant to NRS 209.4883 that an

offender should be assigned to the custody of the Division to

participate in the judicial program, the Director shall assign the

offender to the custody of the Division to participate in the judicial

program for not longer than the remainder of his sentence.

3. The Director shall, by regulation, adopt standards setting

forth which offenders are eligible to be assigned to the custody of

the Division to participate in the judicial program pursuant to this

section. The standards adopted by the Director must be approved by

the Board and must provide that an offender who:

(a) Has recently committed a serious infraction of the rules of an

institution or facility of the Department;

(b) Has not performed the duties assigned to him in a faithful

and orderly manner;

convicted of any crime involving the use or threatened use of force

or violence against a victim that is punishable as a felony;

(d) Has ever been convicted of a sexual offense;

(e) Has escaped or attempted to escape from any jail or

correctional institution for adults; or

(f) Has not made an effort in good faith to participate in or to

complete any educational or vocational program or any program of

treatment, as ordered by the Director,

is not eligible for assignment to the custody of the Division pursuant

to this section to participate in a judicial program.

4. The Director shall adopt regulations requiring offenders who

are assigned to the custody of the Division pursuant to this section

to reimburse the reentry court, the Division and the Department for

the cost of their participation in a judicial program, to the extent of

their ability to pay.

5. The reentry court may return the offender to the custody of

the Department at any time for any violation of the terms and

conditions imposed by the reentry court.

6. If an offender assigned to the custody of the Division

pursuant to this section violates any of the terms or conditions

imposed by the reentry court and is returned to the custody of the

Department, the offender forfeits all or part of the credits for good

behavior earned by him before he was returned to the custody of the

Department, as determined by the Director. The Director may

provide for a forfeiture of credits pursuant to this subsection only

after proof of the violation and notice is given to the offender. The

Director may restore credits so forfeited for such reasons as he

considers proper. The decision of the Director regarding such a

forfeiture is final.

7. The assignment of an offender to the custody of the Division

pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a release on

parole; and

(b) For the purposes of NRS 209.341, an assignment to a facility

of the Department,

except that the offender is not entitled to obtain any benefits or to

participate in any programs provided to offenders in the custody of

the Department.

8. An offender does not have a right to be assigned to the

custody of the Division pursuant to this section, or to remain in that

custody after such an assignment. It is not intended that the

establishment or operation of a judicial program creates any right or

interest in liberty or property or establishes a basis for any cause of

action against the State of Nevada, its political subdivisions,

agencies, boards, commissions, departments, officers or employees.

Sec. 14. NRS 209.4889 is hereby amended to read as follows:

209.4889 1. The Director may, after consulting with the

Division, enter into one or more contracts with one or more public

or private entities to provide any of the following services, as

necessary and appropriate, to offenders or parolees participating in a

correctional or judicial program:

(a) Transitional housing;

(b) Treatment pertaining to substance abuse or mental health;

(d) Vocational rehabilitation and job skills training; and

(e) Any other services required by offenders or parolees who are

participating in a correctional or judicial program.

2. The Director shall, as necessary and appropriate, provide

referrals and information regarding:

(a) Any of the services provided pursuant to subsection 1;

(b) Access and availability of any appropriate self-help groups;

(d) Permanent housing.

3. The Director may apply for and accept any gift, donation,

bequest, grant or other source of money to carry out the provisions

of this section.

4. As used in this section, “training in life skills” includes,

without limitation, training in the areas of:

(a) Parenting;

(b) Improving human relationships;

(d) Maintaining emotional and physical health;

(e) Preventing abuse of alcohol and drugs;

(f) Preparing for and obtaining employment; and

(g) Budgeting, consumerism and personal finances.

Sec. 15. NRS 212.187 is hereby amended to read as follows:

212.187 1. A prisoner who is in lawful custody or

confinement, other than in the custody of the Division of Parole and

Probation of the Department of Public Safety pursuant to NRS

209.4886 or section 4 of this act or residential confinement, and

who voluntarily engages in sexual conduct with another person is

guilty of a category D felony and shall be punished as provided in

NRS 193.130.

2. A person who voluntarily engages in sexual conduct with a

prisoner who is in lawful custody or confinement, other than in the

custody of the Division of Parole and Probation of the Department

of Public Safety pursuant to NRS 209.4886 or section 4 of this act

or residential confinement, is guilty of a category D felony and shall

be punished as provided in NRS 193.130.

3. As used in this section, “sexual conduct”:

(a) Includes acts of masturbation, homosexuality, sexual

intercourse or physical contact with another person’s clothed or

unclothed genitals or pubic area to arouse, appeal to or gratify the

sexual desires of a person.

(b) Does not include acts of a person who has custody of a

prisoner or an employee of the institution in which the prisoner is

confined that are performed to carry out the necessary duties of such

a person or employee.

Sec. 16. Chapter 213 of NRS is hereby amended by adding

thereto the provisions set forth as sections 17 to 24, inclusive, of this

act.

Sec. 17. As used in NRS 213.300 to 213.360, inclusive, and

sections 17 to 20, inclusive, of this act, unless the context

otherwise requires, the words and terms defined in sections 18, 19

and 20 of this act have the meanings ascribed to them in those

sections.

Sec. 18. “Department” means the Department of

Corrections.

Sec. 19. “Director” means the Director of the Department.

Sec. 20. “Program” means a program of work release that is

established by the Department pursuant to NRS 213.300.

Sec. 21. “Correctional program” means a program for

reentry of offenders and parolees into the community that is

established by the Director pursuant to section 3 of this act.

Sec. 22. “Director” means the Director of the Department of

Corrections.

Sec. 23. 1. Except as otherwise provided in this section, if a

correctional program has been established by the Director in the

county in which an offender or parolee may be paroled, the

Chairman of the Board may, after consulting with the Division,

refer a prisoner who is being considered for parole or a parolee

who has violated a term or condition of his parole to the Director

if the Chairman believes that the person:

(a) Would participate successfully in and benefit from a

correctional program; and

(b) Has demonstrated a willingness to:

(1) Engage in employment or participate in vocational

rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim

of his crime.

2. Except as otherwise provided in this section, if the

Chairman is notified by the Director pursuant to section 3 of this

act that a person is suitable to participate in a correctional

program, the Board may, in accordance with the provisions of this

section:

(a) If the person is an offender who is being considered for

parole, upon the granting of parole to the offender, require as a

condition of parole that the offender participate in and complete

the correctional program; or

(b) If the person is a parolee who has violated a term or

condition of his parole, order him to participate in and complete

the correctional program as a condition of the continuation of his

parole and in lieu of revoking his parole and returning him to

confinement.

3. If an offender who has been assigned to the custody of the

Division to participate in a correctional program pursuant to

section 4 of this act is being considered for parole, the Board shall,

if the Board grants parole to the offender, require as a condition

of parole that he continue to participate in and complete the

correctional program.

4. In determining whether to order a person to participate in

and complete a correctional program pursuant to this section, the

Board shall consider:

(a) The criminal history of the person; and

(b) The safety of the public.

5. The Board shall adopt regulations requiring persons who

are ordered to participate in and complete a correctional program

pursuant to this section to reimburse the Department of

Corrections and the Division for the cost of their participation in a

correctional program, to the extent of their ability to pay.

6. The Board shall not order a person to participate in a

correctional program if the time required to complete the

correctional program is longer than the unexpired maximum term

of the person’s original sentence.

Sec. 24. 1. If the Director determines that a parolee has

violated a term or condition of his participation in the correctional

program or a term or condition of his parole, the Director shall

report the violation to the Board.

2. If a violation of a term or condition of parole is reported to

the Board pursuant to this section, the Board shall proceed in the

manner provided in this chapter for any other violation of a term

or condition of parole.

Sec. 25. NRS 213.300 is hereby amended to read as follows:

213.300 1. The Department of Corrections [shall] may

establish and administer a program of work release under which a

person sentenced to a term of imprisonment in an institution of the

Department may be granted the privilege of leaving secure custody

during necessary and reasonable hours to:

(a) Work in this state at gainful private employment that has

been approved by the Director [of the Department] for that purpose.

(b) Obtain in this state additional education, including

vocational, technical and general education.

2. The program may also include temporary leave for the

purpose of seeking employment in this state.

[3. The Director is responsible for the quartering and

supervision of offenders enrolled in the program.]

Sec. 26. NRS 213.310 is hereby amended to read as follows:

213.310 1. [The Director of the Department of Corrections]

If a program is established by the Department pursuant to NRS

213.300, the Director shall, by appropriate means of classification

and selection, determine which of the offenders, during the last 6

months’ confinement, are suitable for the program , [of work

release,] excluding those sentenced to life imprisonment who are not

eligible for parole and those imprisoned for violations of chapter

201 of NRS who have not been certified by the designated board as

eligible for parole.

2. The Director shall then select the names of those offenders

he determines to be eligible for the program [.] , and the Director

shall refer the names of those offenders to the Chairman of the

State Board of Parole Commissioners for release into the program

and, if appropriate, for residential confinement or other

appropriate supervision as determined by the Division of Parole

and Probation of the Department of Public Safety.

Sec. 27. NRS 213.315 is hereby amended to read as follows:

213.315 1. Except as otherwise provided in this section, an

offender who is illiterate is not eligible to participate in a program

[of work release] unless:

(a) He is regularly attending and making satisfactory progress in

a program for general education; or

(b) The Director, for good cause, determines that the limitation

on eligibility should be waived under the circumstances with respect

to a particular offender.

2. An offender whose:

(a) Native language is not English;

(b) Ability to read and write in his native language is at or above

the level of literacy designated by the Board of State Prison

Commissioners in its regulations; and

level of literacy designated by the Board of State Prison

Commissioners in its regulations,

may not be assigned to an industrial or a vocational program unless

he is regularly attending and making satisfactory progress in a

course which teaches English as a second language or the Director,

for good cause, determines that the limitation on eligibility should

be waived under the circumstances with respect to a particular

offender.

3. Upon written documentation that an illiterate offender has a

developmental, learning or other similar disability which affects his

ability to learn, the Director [of the Department of Corrections]

may:

(a) Adapt or create an educational program or guidelines for

evaluating the educational progress of the offender to meet his

particular needs; or

(b) Exempt the offender from the required participation in an

educational program prescribed by this section.

4. The provisions of this section do not apply to an offender

who:

(a) Presents satisfactory evidence that he has a high school or

general equivalency diploma; or

(b) Is admitted into a program [of work release] for the purpose

of obtaining additional education in this state.

5. As used in this section, “illiterate” means having an ability

to read and write that is below the level of literacy designated by the

Board of State Prison Commissioners in its regulations.

Sec. 28. NRS 213.320 is hereby amended to read as follows:

213.320 1. [The Director of the Department of Corrections]

If a program is established by the Department pursuant to NRS

213.300, the Director shall administer the program [of work release]

and shall:

(a) [Locate] Refer offenders to employers who offer

employment or to employment agencies that locate employment for

qualified applicants;

(b) Effect placement of offenders under the program; and

the program.

2. All state agencies shall cooperate with the Director in

carrying out this section to such extent as is consistent with their

other lawful duties.

3. The Director shall adopt rules for administering the

program.

Sec. 29. NRS 213.330 is hereby amended to read as follows:

213.330 1. The salaries or wages of an offender employed

pursuant to the [work release program shall] program must be

disbursed in the following order:

(a) To pay [the cost of quartering, feeding and clothing the

offender.] any costs associated with the offender’s participation in

the program, to the extent of his ability to pay.

(b) To allow the offender necessary travel expense to and from

work and his other incidental expenses.

(d) To pay, either in full or ratably, the offender’s obligations

which have been acknowledged by him in writing or which have

been reduced to judgment.

2. Any balance of an offender’s wages remaining after all

disbursements have been made pursuant to subsection 1 [shall] must

be paid to the offender upon his release from custody.

Sec. 30. NRS 213.350 is hereby amended to read as follows:

213.350 1. An offender enrolled in the program [of work

release] is not an agent, employee or servant of the Department [of

Corrections] while he is:

(a) Working in the program or seeking such employment; or

(b) Going to such employment . [from the place where he is

quartered or returning therefrom.]

2. An offender enrolled in the program is considered to be an

offender in an institution of the Department . [of Corrections.]

Sec. 31. NRS 213.360 is hereby amended to read as follows:

213.360 1. The Director [of the Department of Corrections]

may immediately terminate any offender’s enrollment in the

program [of work release] and transfer him to an institution of the

Department [of Corrections] if, in his judgment, the best interests of

the State or the offender require such action.

2. If an offender enrolled in the program is absent from his

place of employment [or his designated quarters] without a reason

acceptable to the Director, the offender’s absence:

(a) Immediately terminates his enrollment in the program.

(b) Constitutes an escape from prison, and the offender shall be

punished as provided in NRS 212.090.

Sec. 32. NRS 213.600 is hereby amended to read as follows:

213.600 As used in NRS 213.600 to 213.635, inclusive, and

sections 21 to 24, inclusive, of this act, unless the context otherwise

requires, the words and terms defined in NRS 213.605 to 213.620,

inclusive, and sections 21 and 22 of this act have the meanings

ascribed to them in those sections.

Sec. 33. NRS 213.615 is hereby amended to read as follows:

213.615 [“Program”] “Judicial program” means a program for

reentry of prisoners and parolees into the community that is

established in a judicial district pursuant to NRS 209.4883.

Sec. 34. NRS 213.620 is hereby amended to read as follows:

213.620 “Reentry court” means the court in a judicial district

that has established a judicial program.

Sec. 35. NRS 213.625 is hereby amended to read as follows:

213.625 1. Except as otherwise provided in this section, if a

judicial program has been established in the judicial district in

which a prisoner or parolee may be paroled, the Chairman of the

Board may, after consulting with the Division, refer a prisoner who

is being considered for parole or a parolee who has violated a term

or condition of his parole to the reentry court if the chairman

believes that the person:

(a) Would participate successfully in and benefit from a judicial

program; and

(b) Has demonstrated a willingness to:

(1) Engage in employment or participate in vocational

rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim

of his crime.

2. Except as otherwise provided in this section, if the Chairman

is notified by the reentry court pursuant to NRS 209.4883 that a

person should be ordered to participate in a judicial program, the

Board may, in accordance with the provisions of this section:

(a) If the person is a prisoner who is being considered for parole,

upon the granting of parole to the prisoner, require as a condition of

parole that the person participate in and complete the judicial

program; or

(b) If the person is a parolee who has violated a term or

condition of his parole, order him to participate in and complete the

judicial program as a condition of the continuation of his parole and

in lieu of revoking his parole and returning him to confinement.

3. If a prisoner who has been assigned to the custody of the

Division to participate in a judicial program pursuant to NRS

209.4886 is being considered for parole:

(a) The Board shall, if the Board grants parole to the prisoner,

require as a condition of parole that the person continue to

participate in and complete the judicial program.

(b) The Board is not required to refer the prisoner to the reentry

court pursuant to subsection 1 or to obtain prior approval of the

reentry court pursuant to NRS 209.4883 for the prisoner to continue

participating in the judicial program while he is on parole.

4. In determining whether to order a person to participate in

and complete a judicial program pursuant to this section, the Board

shall consider:

(a) The criminal history of the person; and

(b) The safety of the public.

5. The Board shall adopt regulations requiring persons who are

ordered to participate in and complete a judicial program pursuant

to this section to reimburse the reentry court and the Division for the

cost of their participation in a judicial program, to the extent of their

ability to pay.

6. The Board shall not order a person to participate in a

judicial program if the time required to complete the judicial

program is longer than the unexpired maximum term of the person’s

original sentence.

Sec. 36. NRS 213.630 is hereby amended to read as follows:

213.630 1. If the reentry court determines that a parolee has

violated a term or condition of his participation in the judicial

program or a term or condition of his parole, the court may:

(a) Establish and impose any appropriate sanction for the

violation; and

(b) If necessary, report the violation to the Board.

2. If a violation of a term or condition of parole is reported to

the Board pursuant to this section, the Board shall proceed in the

manner provided in this chapter for any other violation of a term or

condition of parole.

Sec. 37. NRS 213.635 is hereby amended to read as follows:

213.635 The Division shall supervise each person who is

participating in a correctional or judicial program pursuant to NRS

209.4886 or 213.625[.] or section 4 or 23 of this act.

Sec. 38. NRS 179.259 is hereby amended to read as follows:

179.259 1. Except as otherwise provided in subsections 3 and

4, 5 years after an eligible person completes a program for reentry,

the court may order sealed all documents, papers and exhibits in the

eligible person’s record, minute book entries and entries on dockets,

and other documents relating to the case in the custody of such other

agencies and officers as are named in the court’s order. The court

may order those records sealed without a hearing unless the

Division of Parole and Probation of the Department of Public Safety

petitions the court, for good cause shown, not to seal the records and

requests a hearing thereon.

2. If the court orders sealed the record of an eligible person, the

court shall send a copy of the order to each agency or officer named

in the order. Each such agency or officer shall notify the court in

writing of its compliance with the order.

3. A professional licensing board is entitled, for the purpose of

determining suitability for a license or liability to discipline for

misconduct, to inspect and to copy from a record sealed pursuant to

this section.

4. A person may not petition the court to seal records relating

to a conviction of a crime against a child or a sexual offense.

5. As used in this section:

(a) “Crime against a child” has the meaning ascribed to it in

NRS 179D.210.

(b) “Eligible person” means a person who has:

(1) Successfully completed a program for reentry to which he

participated in pursuant to NRS 209.4886 or 213.625[;] or section 4

or 23 of this act; and

(2) Been convicted of a single offense which was punishable

as a felony and which did not involve the use or threatened use of

force or violence against the victim. For the purposes of this

subparagraph, multiple convictions for an offense punishable as a

felony shall be deemed to constitute a single offense if those

offenses arose out of the same transaction or occurrence.

(1) A correctional program for reentry of offenders and

parolees into the community that is established by the Director of

the Department of Corrections pursuant to section 3 of this act; or

(2) A judicial program for reentry of [prisoners] offenders

and parolees into the community that is established in a judicial

district pursuant to NRS 209.4883.

(d) “Sexual offense” has the meaning ascribed to it in paragraph

(b) of subsection 7 of NRS 179.245.

Sec. 39. NRS 213.340 is hereby repealed.

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