Senate Concurrent Resolution No. 32–Committee on Legislative Affairs and Operations

 

April 30, 2003

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Referred to Committee on Legislative Affairs and Operations

 

SUMMARY—Directs Legislative Commission to conduct interim study of criminal justice system in rural Nevada. (BDR R‑1215)

 

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

 

Senate Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of the criminal justice system in rural Nevada.

 

1-1  Whereas, The present budget crisis in Nevada is being keenly

1-2  felt in the rural counties of this state; and

1-3  Whereas, The relatively sparse populations and the great

1-4  distances between population centers increase the difficulties faced

1-5  by the judicial system in this state’s rural areas; and

1-6  Whereas, The State has mandated programs in areas where

1-7  there are no providers of such programs within several hundred

1-8  miles; and

1-9  Whereas, It has become necessary that steps be taken to ensure

1-10  equal justice for all residents of Nevada; and

1-11      Whereas, The Judicial Council of the State of Nevada

1-12  empaneled the Commission on Rural Courts which has worked

1-13  diligently to identify and propose solutions for the problems within

1-14  the criminal justice system in rural Nevada; now, therefore, be it

1-15      Resolved by the Senate of the State of Nevada, the

1-16  Assembly Concurring, That the Legislative Commission is

1-17  hereby directed to appoint a committee to conduct an interim study

1-18  of the criminal justice system and associated services and agencies

1-19  in the rural areas of Nevada, to be composed of six Legislators as

1-20  follows:

1-21      1.  Two members appointed by the Majority Leader of the

1-22  Senate from the membership of the Senate Standing Committee on

2-1  Judiciary during the immediately preceding session of the

2-2  Legislature;

2-3  2.  One member appointed by the Majority Leader of the Senate

2-4  from the membership of the Senate Standing Committee on Finance

2-5  during the immediately preceding session of the Legislature;

2-6  3.  Two members appointed by the Speaker of the Assembly

2-7  from the membership of the Assembly Standing Committee on

2-8  Judiciary during the immediately preceding session of the

2-9  Legislature; and

2-10      4.  One member appointed by the Speaker of the Assembly

2-11  from the membership of the Assembly Standing Committee on

2-12  Ways and Means during the immediately preceding session of the

2-13  Legislature;

2-14  And be it further

2-15      Resolved, That the members of the committee shall elect a

2-16  Chairman from one house of the Legislature and a Vice Chairman

2-17  from the other house; and be it further

2-18      Resolved, That the Legislative Commission shall appoint an

2-19  advisory group of 13 nonvoting members to assist the committee

2-20  consisting of the Director of the Administrative Office of the Courts

2-21  and the following persons serving in rural counties in this state:

2-22      1.  Two district court judges;

2-23      2.  One justice of the peace and one municipal court judge;

2-24      3.  Two persons who serve in the capacity of court clerk to

2-25  courts;

2-26      4.  Two district attorneys;

2-27      5.  Two persons representing local law enforcement; and

2-28      6.  Two county commissioners;

2-29  And be it further

2-30      Resolved, That at least one-half of the members of the

2-31  advisory group must be appointed from the current membership of

2-32  the Commission on Rural Courts; and be it further

2-33      Resolved, That the members of the committee and advisory

2-34  group shall comply with the provisions of chapter 241 of NRS; and

2-35  be it further

2-36      Resolved, That the interim study must include, without

2-37  limitation, a comprehensive review and evaluation of the following

2-38  areas relating to the criminal justice system and judicial operations

2-39  in the rural counties of this state:

2-40      1.  The adequacy of present judicial facilities, including,

2-41  without limitation, courthouses, courtrooms, jails and juvenile

2-42  detention facilities, with respect to size, age, security, overcrowding

2-43  and number of facilities available;

3-1  2.  The shortage of staff, including, without limitation, circuit

3-2  court clerks and justices of the peace, and the need for additional

3-3  education and training for existing judicial staff;

3-4  3.  The shortage or lack of service providers, including, without

3-5  limitation, alcohol and drug abuse counselors, mental health

3-6  counselors and other professionals who provide specialized

3-7  treatment to persons with certain physical and mental disorders;

3-8  4.  The lack of attorneys and the lack of assistance for residents

3-9  who represent themselves in court, and the limited number of

3-10  available and eligible jurors because of sparse populations;

3-11      5.  Geographical constraints because of great distances between

3-12  population centers and adverse weather conditions at certain times;

3-13      6.  Inadequate technology, including, without limitation, state-

3-14  of-the-art telecommunications services and a user-friendly case

3-15  management system;

3-16      7.  The availability of interpreters, consular corps and other

3-17  persons or groups who can provide legal assistance to racial or

3-18  ethnic minorities; and

3-19      8.  The effect of unfunded mandates on rural courts;

3-20  And be it further

3-21      Resolved, That, on or before February 1, 2004, the committee

3-22  shall submit a report of its progress on the study to the Legislative

3-23  Commission; and be it further

3-24      Resolved, That any recommended legislation proposed by the

3-25  committee must be approved by a majority of the members of the

3-26  Senate and a majority of the members of the Assembly appointed to

3-27  the committee; and be it further

3-28      Resolved, That, on or before September 1, 2004, the

3-29  committee shall submit a final report of the study to the Legislative

3-30  Commission; and be it further

3-31      Resolved, That the Legislative Commission shall submit a

3-32  report of the results of the study and any recommendations for

3-33  legislation to the 73rd Session of the Nevada Legislature.

 

3-34  H