[Rev. 12/20/2019 5:12:50 PM]
κ2019 Statutes of Nevada, Page 4371κ
Assembly Bill No. 236Committee on Judiciary
CHAPTER 633
[Approved: June 14, 2019]
AN ACT relating to crimes; revising provisions relating to the duties of the Nevada Sentencing Commission; establishing provisions relating to the calculation and use of the amount of certain costs avoided by this State; establishing the Nevada Local Justice Reinvestment Coordinating Council; revising the contents required in the report of any presentence investigation; requiring certain judges to receive training concerning reports of presentence investigations; making various changes concerning probation and parole; authorizing a court to defer or suspend judgment on a case in certain circumstances; revising provisions relating to specialty court programs; revising provisions relating to programs for the treatment of persons who commit domestic violence; reducing the penalty for certain crimes from a category B to a category C felony; revising provisions relating to burglary; increasing the felony theft threshold and revising penalties for various theft offenses; making it unlawful to install or affix a scanning device within or upon a machine used for financial transactions under certain circumstances; making it unlawful to access a scanning device under certain circumstances; revising provisions relating to habitual criminals; requiring the Peace Officers Standards and Training Commission to develop and implement a behavioral health field response grant program; revising provisions concerning crimes involving controlled substances; repealing provisions relating to programs of treatment for alcoholics and drug addicts and the civil commitment of such persons; making appropriations to the Division of Parole and Probation of the Department of Public Safety and the Department of Corrections; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes programs for the treatment of mental illness and intellectual disabilities and for the treatment of veterans and members of the military to which a court may assign certain persons. (NRS 176A.250-176A.265, 176A.280-176A.295) Existing law also establishes a program of treatment for alcoholics and drug addicts to which a court may assign certain persons and provides for the civil commitment of alcoholics and drug addicts convicted of a crime. (NRS 453.580, 458.290-458.350) Section 27 of this bill revises provisions relating to the eligibility of a defendant to participate in a program for the treatment of mental illness and intellectual disabilities, and sections 29 and 29.5 of this bill revise provisions relating to the eligibility of a defendant to participate in a program for the treatment of veterans and members of the military. Section 136 of this bill repeals the provisions of law concerning the program of treatment for alcoholics and drug addicts and the civil commitment of such persons. Sections 20-23 of this bill set forth provisions relating to the establishment of a program for the treatment of drug or alcohol use to which a court may assign certain persons, which are modeled after the provisions of law governing the programs for the treatment of mental illness and intellectual disabilities and for the treatment of veterans and members of the military. Sections 22, 27 and 30 of this bill revise provisions relating to the discharge of a defendant from probation and the dismissal of the proceedings against the defendant or the setting aside of a judgment of conviction, as applicable, upon the defendants fulfillment of the terms and conditions of probation that include the completion of any such program of treatment.
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from probation and the dismissal of the proceedings against the defendant or the setting aside of a judgment of conviction, as applicable, upon the defendants fulfillment of the terms and conditions of probation that include the completion of any such program of treatment.
Existing law generally provides that if a person is found guilty of a category E felony, the district court is required to suspend the execution of the sentence imposed and grant probation to the person. However, the court is also authorized to decide not to grant probation if the person: (1) was serving a term of probation or was on parole for a felony conviction at the time the crime was committed; (2) previously had his or her probation or parole revoked for a felony conviction; or (3) previously had been assigned to a program of treatment and rehabilitation for the abuse of alcohol or drugs and failed to complete the program. (NRS 176A.100) Section 24 of this bill removes such exceptions to mandatory probation.
Existing law provides that the period of probation or suspension of sentence must not be more than 3 years for a gross misdemeanor or a suspension of sentence imposed pursuant to certain provisions of law and not more than 5 years for a felony. (NRS 176A.500) Section 34 of this bill revises such time limitations and provides that the period of probation or suspension of sentence must not be more than: (1) twelve months for a gross misdemeanor or certain suspensions of sentence; (2) eighteen months for a category E felony; (3) twenty-four months for a category C or D felony; (4) thirty-six months for a category B felony; or (5) sixty months for a violent or sexual offense. Section 34 authorizes the court to extend the period of probation for a period of not more than 12 months if the extension is necessary for the probationer to complete his or her participation in a specialty court program. Section 17 of this bill requires the Division of Parole and Probation of the Department of Public Safety (Division) to petition the court to recommend the early discharge of certain persons on probation.
Section 35 of this bill provides that if the court finds that a probationer committed one or more technical violations of the conditions of probation, the court may take certain actions, including temporarily revoking the probation or suspension of sentence and imposing certain terms of imprisonment depending on how many times the probation or suspension of sentence has previously been temporarily revoked. Section 35 also provides that a probationer who is arrested and detained for a technical violation of probation must be brought before the court within 15 calendar days or otherwise must be released from detention and returned to probation status. If such a probationer is released from detention because the probationer was not brought before the court in a timely manner, the court is authorized to subsequently hold a hearing to determine whether a technical violation occurred and take appropriate action. Section 35 further prohibits the commission of certain acts from being used as the only basis for the revocation of probation. Section 101 of this bill provides that if the State Board of Parole Commissioners (Board) finds that a parolee committed one or more technical violations of the conditions of parole, the Board may take certain actions, including temporarily revoking parole supervisions and imposing certain terms of imprisonment depending on how many times parole has previously been temporarily revoked. Section 18 of this bill requires the Division to adopt a written system of graduated sanctions for parole and probation officers to use when responding to a technical violation of the conditions of probation or parole and establishes certain requirements relating to such a system.
Section 19 authorizes a court to defer judgment to a specified future date and set forth specific terms and conditions for the defendant in certain circumstances. If the court finds that the defendant has completed all such conditions, the court is required to discharge the defendant and dismiss the proceedings.
Existing law requires the report of any presentence investigation to contain certain information, including: (1) a recommendation of a minimum term and a maximum term of imprisonment, other term of imprisonment, a fine, or both a fine and term of imprisonment; and (2) if the Division deems appropriate, a recommendation that the defendant undergo a program of regimental discipline. (NRS 176.145) Section 13 of this bill removes the requirement that the report of any presentence investigation contain such recommendations.
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presentence investigation contain such recommendations. Section 12 of this bill requires each court in which a report of a presentence investigation can be made to ensure that each judge of the court receives training concerning the manner in which to use the information included in such a report for the purpose of imposing a sentence.
Existing law establishes the crime of burglary. (NRS 205.060) Section 55 of this bill establishes: (1) certain types of burglary that differ based on the structure in which the crime is committed; and (2) the various penalties imposed for each type of burglary. Existing law authorizes a person to petition the court in which the person was convicted for the sealing of all records relating to the conviction, but excludes certain specified convictions. (NRS 179.245) Section 37 of this bill prohibits a person from petitioning the court to seal records relating to a conviction of invasion of the home with a deadly weapon.
Existing law provides that a person who commits theft is guilty of: (1) a misdemeanor if the value of the property or services involved in the theft is less than $650; and (2) a category C felony if the value of the property or services involved in the theft is $650 or more. (NRS 205.0835) Section 58 of this bill increases the felony theft threshold to $1,200 and establishes a tier of penalties based on the value of the property or services involved in the theft. Sections 59, 60, 61-64, 65-83, 85, 126, 131 and 132 of this bill make conforming changes to various theft offenses that use monetary thresholds.
Existing law makes it a crime for a person to use a scanning device to access, read, obtain, memorize or store information encoded on the magnetic strip of a payment card: (1) without the permission of the authorized user of the card; and (2) with the intent to defraud the user or issuer of the card or any other person. (NRS 205.605) Existing law also makes it a crime for a person to possess a scanning device with the intent to use it for an unlawful purpose. (NRS 205.606) Section 84.3 of this bill makes it a crime for a person to install or affix a scanning device within or upon a machine used for financial transactions with the intent to use the scanning device for an unlawful purpose. Section 84.3 also makes it a crime for a person to access, by electronic or any other means, a scanning device with the intent to use the scanning device for an unlawful purpose. Section 84.3 provides that a person who installs, affixes or accesses a scanning device in such an unlawful manner is guilty of a category C felony.
Existing law exempts certain persons from the provisions governing the unlawful use or possession of scanning devices. Existing law provides that a person is exempt from these provisions if he or she uses or possesses a scanning device without the intent to defraud or commit an unlawful act: (1) in the ordinary course of his or her business; or (2) with the consent of the authorized user of a payment card to complete a financial transaction using that card. (NRS 205.607) Section 84.5 of this bill expands this exemption to include a person who installs, affixes or accesses a scanning device without the intent to commit an unlawful act: (1) in the ordinary course of his or her business; or (2) to complete such a financial transaction.
Existing law provides that a person who offers, attempts or commits certain unauthorized acts relating to controlled or counterfeit substances is guilty of a category B felony for the first offense if the controlled substance is classified in schedule I or II and a category C felony for the first offense if the controlled substance is classified in schedule III, IV or V. (NRS 453.321) Section 112 of this bill decreases such penalties to a category C and category D felony, respectively. Section 112 also decreases the minimum and maximum terms of imprisonment and the amount of the authorized fine for a third or subsequent offense if the controlled substance is classified in schedule III, IV or V. Existing law prohibits a court from granting probation to a person who is convicted of a second or subsequent offense of certain commercial drug offenses. (NRS 453.321, 453.337, 453.338) Sections 112, 116 and 117 of this bill generally authorize a court to grant probation if mitigating circumstances exist that warrant the granting of probation.
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Existing law prohibits the trafficking of: (1) schedule I controlled substances other than marijuana; (2) marijuana or concentrated cannabis; and (3) schedule II controlled substances. The penalties for each such offense vary based on the quantity of the controlled substance that is trafficked. (NRS 453.3385, 453.339, 453.3395) Section 119 of this bill establishes the crimes of low-level trafficking and high-level trafficking and revises the quantity of schedule I controlled substances other than marijuana and schedule II controlled substances for the purposes of imposing a penalty.
Existing law provides that it is unlawful for a person to knowingly use or be under the influence of a controlled substance except in accordance with a lawfully used prescription or when administered to the person at certain rehabilitation clinics or hospitals. A person who violates any such provision is guilty of a gross misdemeanor or category E felony depending on the schedule in which the controlled substance is listed. (NRS 453.411) Section 122.5 of this bill decreases the penalty for such a violation to a misdemeanor, regardless of the schedule in which the controlled substance is listed.
Section 113 of this bill revises the penalties for possession of a controlled substance based on the quantity possessed and the schedule in which the controlled substance is listed and categorizes the different offenses as possession, low-level possession, mid-level possession and high-level possession. Section 86 of this bill prohibits a conviction of possession, low-level possession or unlawful use of a controlled substance from being used for purposes of determining whether a person is a habitual criminal.
Existing law establishes various crimes for which the penalty is a category B felony. (NRS 205.605, 453.316, 465.088, 484D.335) Sections 84, 111, 125 and 130 of this bill reduce the penalty for any such crime to a category C felony.
Existing law provides that a person is a habitual criminal if he or she is convicted of a felony and has previously been convicted at least two times of a felony. (NRS 207.010) Section 86 provides that a person is a habitual criminal if he or she is convicted of a felony and has previously been convicted at least five times of a felony.
Section 90 of this bill requires the Director of the Department of Corrections (Director) to administer a risk and needs assessment to each person in the custody of the Department of Corrections (Department) to measure criminal risk factors and individual needs for the purpose of institutional programming and placement. Sections 89 and 96 of this bill require the Director and the Chief Parole and Probation Officer, respectively, to include certain topics and courses in staff training.
Section 95 of this bill requires the Division to administer a risk and needs assessment to each probationer and parolee under the Divisions supervision at least once every year for the purpose of setting a level of supervision for each probationer and parolee and developing individualized case plans. Section 95 also requires the Division to administer a subsequent risk and needs assessment to each probationer and parolee at least once every year to determine whether a change in the level of supervision is necessary.
Existing law authorizes the Director to assign an offender to the Division to serve a term of residential confinement or other appropriate supervision for not longer than the remainder of his or her sentence in certain circumstances, including if the offender is in ill health and expected to die within 12 months and does not pose a threat to public safety. (NRS 209.3925) Section 91 of this bill increases the time within which such an offender is expected to die to 18 months. Section 91 also establishes requirements relating to a request for medical release that must be submitted to the Director. Section 93.3 of this bill authorizes the Board to grant geriatric parole to certain persons who: (1) are 65 years of age or older; (2) have not been convicted of a crime of violence, certain offenses committed against a child, a sexual offense, vehicular homicide or driving under the influence of alcohol or a prohibited substance and causing the death of or substantial bodily harm to another person; (3) have not been found to be a habitual criminal; and (4) have served at least a majority of the maximum term or maximum aggregate term of his or her sentence.
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Section 93.7 of this bill requires the Division to recommend the early discharge of a person from parole to the Board in certain circumstances and authorizes the Board to adopt any regulations necessary to carry out provisions relating to the early discharge of such a person.
Section 97 of this bill authorizes the Board to grant parole without a meeting to prisoners who meet certain criteria. Section 99 of this bill provides that if the Board has delegated its authority to consider the parole of a prisoner and recommend to the Board that the prisoner be released on parole without a meeting, and a person to whom such authority is delegated does not recommend that the prisoner be released on parole without a meeting, the prisoner must have a parole hearing.
Section 100 of this bill requires: (1) the Department and a prisoner who is eligible for parole to develop, not later than 6 months before the prisoners parole eligibility date, a reentry plan that takes into consideration the needs, limitations and capabilities of each prisoner; and (2) the Division to review and, if appropriate, approve such a reentry plan. Section 92 of this bill revises the duties of the Director relating to the release of offenders from prison by requiring the Director to: (1) provide the offender with a photo identification card if the offender is not in possession of a photo identification card; (2) provide the offender with clothing; (3) provide the offender with certain transportation costs; (4) if appropriate, release the offender to a facility for transitional living; (5) complete enrollment application paperwork for Medicaid and Medicare for an eligible offender; and (6) provide the offender with a 30-day supply of prescribed medication if the offender was receiving such medication while in prison. Section 92 also requires the Director to clearly indicate on any photo identification card provided to an offender whether or not the Director has verified the full legal name and age of the offender.
Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to adopt regulations governing the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence. (NRS 439.258) Section 110.5 of this bill provides that such regulations must include provisions requiring that a program: (1) include a module specific to victim safety; and (2) be based on evidence-based practices and the assessment of a program participant by a supervisor of treatment or provider of treatment. Section 102 of this bill revises the definition of the term victim for purposes of the provisions of law governing compensation for certain victims of criminal acts.
Section 104 of this bill requires the Peace Officers Standards and Training Commission (POST) to develop and implement, subject to available funding, a behavioral health field response grant program to allow law enforcement and behavioral health professionals to safely respond to crises involving persons with behavioral health issues. Section 104 establishes the application and selection processes for and certain requirements relating to grant recipients. Section 104 also requires POST to submit an annual report during each year the grant program is funded to the Governor and the Chairs of the Senate and Assembly Standing Committees on Judiciary that contains information relating to the grant programs. Section 105 of this bill requires every law enforcement agency to: (1) establish a policy and procedure for interacting with persons who suffer from a behavioral health issue; and (2) subject to available funding, contract with or employ a behavioral health specialist. Section 107 of this bill requires POST to develop and approve a standard curriculum of certified training programs in crisis intervention to address specialized responses to persons with mental illness. Section 108 of this bill requires POST to establish by regulation standards for a voluntary program for the training of law enforcement dispatchers that includes training relating to such crisis intervention.
Section 6 of this bill requires the Nevada Sentencing Commission (Sentencing Commission) to: (1) track and assess outcomes resulting from, and trends observed after, the enactment of this bill; and (2) submit a biennial report to the Governor, the Legislature and the Chief Justice of the Supreme Court regarding such outcomes and performance measures. Section 7 of this bill requires the Sentencing Commission to: (1) calculate for each fiscal year the amount of the costs avoided by this State because of the enactment of this bill; and (2) submit to the Governor and the Legislature a statement of the amount of such avoided costs and recommendations for the reinvestment of the amount of those avoided costs in certain programs.
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of the enactment of this bill; and (2) submit to the Governor and the Legislature a statement of the amount of such avoided costs and recommendations for the reinvestment of the amount of those avoided costs in certain programs. Section 8 of this bill creates the Nevada Local Justice Reinvestment Coordinating Council, which: (1) consists of one member from each county in the State whose population is less than 100,000 and two members from each county in the State whose population is 100,000 or more; and (2) is required to advise the Sentencing Commission on matters concerning the provisions of this bill as they relate to local governments and nonprofit organizations and to perform certain other duties.
Section 133.5 of this bill makes certain appropriations from the State General Fund to the Division and the Department in each fiscal year of the 2019-2021 biennium.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4. (Deleted by amendment.)
Sec. 5. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Secs. 5.2, 5.3, 5.4, 5.5, 5.6 and 5.7. (Deleted by amendment.)
Sec. 6. 1. The Sentencing Commission shall:
(a) Track and assess outcomes resulting from the enactment of this act, including, without limitation, the following data from the Department of Corrections:
(1) With respect to prison admissions:
(I) The total number of persons admitted to prison by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age and, if measured upon intake, risk score;
(II) The average minimum and maximum sentence term by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score; and
(III) The number of persons who received a clinical assessment identifying a mental health or substance use disorder upon intake.
(2) With respect to parole and release from prison:
(I) The average length of stay in prison for each type of release by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(II) The total number of persons released from prison each year by type of release, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(III) The recidivism rate of persons released from prison by type of release; and
(IV) The total number of persons released from prison each year who return to prison within 36 months by type of admission, type of release, type of return to prison, including, without limitation, whether such a subsequent prison admission was the result of a new felony conviction or a revocation of parole due to a technical violation, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score.
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criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score.
(3) With respect to the number of persons in prison:
(I) The total number of persons held in prison on December 31 of each year, not including those persons released from a term of prison who reside in a parole housing unit, by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(II) The total number of persons held in prison on December 31 of each year who have been granted parole by the State Board of Parole Commissioners but remain in custody, and the reasons therefor;
(III) The total number of persons held in prison on December 31 of each year who are serving a sentence of life with or without the possibility of parole or who have been sentenced to death; and
(IV) The total number of persons as of December 31 of each year who have started a treatment program while in prison, have completed a treatment program while in prison and are awaiting a treatment program while in prison, by type of treatment program and type of offense.
(b) Track and assess outcomes resulting from the enactment of this act with respect to the following data, which the Division shall collect and report to the Sentencing Commission:
(1) With respect to the number of persons on probation or parole:
(I) The total number of supervision intakes by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(II) The average term of probation imposed for persons on probation by type of offense;
(III) The average time served by persons on probation or parole by type of discharge, felony category and type of offense;
(IV) The average time credited to a persons term of probation or parole as a result of successful compliance with supervision;
(V) The total number of supervision discharges by type of discharge, including, without limitation, honorable discharges and dishonorable discharges, and cases resulting in a return to prison;
(VI) The recidivism rate of persons discharged from supervision by type of discharge, according to the Divisions internal definition of recidivism;
(VII) The number of persons identified as having a mental health issue or a substance use disorder; and
(VIII) The total number of persons on probation or parole who are located within this State on December 31 of each year, not including those persons who are under the custody of the Department of Corrections.
(2) With respect to persons on probation or parole who violate a condition of supervision or commit a new offense:
(I) The total number of revocations and the reasons therefor, including, without limitation, whether the revocation was the result of a mental health issue or substance use disorder;
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(II) The average amount of time credited to a persons suspended sentence or the remainder of the persons sentence from time spent on supervision;
(III) The total number of persons receiving administrative or jail sanctions, by type of offense and felony category; and
(IV) The median number of administrative sanctions issued by the Division to persons on supervision, by type of offense and felony category.
(c) Track and assess outcomes resulting from the enactment of this act with respect to savings and reinvestment, including, without limitation:
(1) The total amount of annual savings resulting from the enactment of any legislation relating to the criminal justice system;
(2) The total annual costs avoided by this State because of the enactment of this act, as calculated pursuant to section 7 of this act; and
(3) The entities that received reinvestment funds, the total amount directed to each such entity and a description of how the funds were used.
(d) Track and assess trends observed after the enactment of this act, including, without limitation, the following data, which the Central Repository for Nevada Records of Criminal History shall collect and report to the Sentencing Commission as reported to the Federal Bureau of Investigation:
(1) The uniform crime rates for this State and each county in this State by index crimes and type of crime; and
(2) The percentage changes in uniform crime rates for this State and each county in this State over time by index crimes and type of crime.
(e) Identify gaps in this States data tracking capabilities related to the criminal justice system and make recommendations for filling any such gaps.
(f) Prepare and submit a report not later than the first day of the second full week of each regular session of the Legislature to the Governor, the Director of the Legislative Counsel Bureau for transmittal to the Legislature and the Chief Justice of the Nevada Supreme Court. The report must include recommendations for improvements, changes and budgetary adjustments and may also present additional recommendations for future legislation and policy options to enhance public safety and control corrections costs.
(g) Employ and retain other professional staff as necessary to coordinate performance and outcome measurement and develop the report required pursuant to this section.
2. As used in this section:
(a) Technical violation has the meaning ascribed to it in section 18 of this act.
(b) Type of admission means the manner in which a person entered into the custody of the Department of Corrections, according to the internal definitions used by the Department of Corrections.
(c) Type of offense means an offense categorized by the Department of Corrections as a violent offense, sex offense, drug offense, property offense, DUI offense or other offense, consistent with the internal data systems used by the Department of Corrections.
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Sec. 7. 1. The Sentencing Commission shall develop a formula to calculate for each fiscal year the amount of costs avoided by this State because of the enactment of this act. The formula must include, without limitation, a comparison of:
(a) The annual projection of the number of persons who will be in a facility or institution of the Department of Corrections which was created by the Office of Finance pursuant to NRS 176.0129 for calendar year 2018; and
(b) The actual number of persons who are in a facility or institution of the Department of Corrections during each year.
2. Not later than December 1 of each fiscal year, the Sentencing Commission shall use the formula developed pursuant to subsection 1 to calculate the costs avoided by this State for the immediately preceding fiscal year because of the enactment of this act and submit a statement of the amount of the costs avoided to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.
3. Not later than August 1 of each even-numbered year, the Sentencing Commission shall prepare a report containing the projected amount of costs avoided by this State for the next biennium because of the enactment of this act and recommendations for the reinvestment of the amount of those costs to provide financial support to programs and services that address the behavioral health needs of persons involved in the criminal justice system in order to reduce recidivism. In preparing the report, the Commission shall prioritize providing financial support to:
(a) The Department of Corrections for programs for reentry of offenders and parolees into the community, programs for vocational training and employment of offenders, educational programs for offenders and transitional work program for offenders;
(b) The Division for services for offenders reentering the community, the supervision of probationers and parolees and programs of treatment for probationers and parolees that are proven by scientific research to reduce recidivism;
(c) Any behavioral health field response grant program developed and implemented pursuant to section 104 of this act;
(d) The Housing Division of the Department of Business and Industry to create or provide transitional housing for probationers and parolees and offenders reentering the community; and
(e) The Nevada Local Justice Reinvestment Coordinating Council created by section 8 of this act for the purpose of making grants to counties for programs and treatment that reduce recidivism of persons involved in the criminal justice system.
4. Not later than August 1 of each even-numbered year, the Sentencing Commission shall submit the report prepared pursuant to subsection 3 to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.
Sec. 8. 1. The Nevada Local Justice Reinvestment Coordinating Council is hereby created. The Council consists of:
(a) One member from each county in this State whose population is less than 100,000; and
(b) Two members from each county in this State whose population is 100,000 or more.
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2. Each member of the Council must be appointed by the governing body of the applicable county. The Chair of the Sentencing Commission shall appoint the Chair of the Council from among the members of the Council.
3. The Council shall:
(a) Advise the Sentencing Commission on matters related to any legislation, regulations, rules, budgetary changes and all other actions needed to implement the provisions of this act as they relate to local governments;
(b) Identify county-level programming and treatment needs for persons involved in the criminal justice system for the purpose of reducing recidivism;
(c) Make recommendations to the Sentencing Commission regarding grants to local governments and nonprofit organizations from the State General Fund;
(d) Oversee the implementation of local grants;
(e) Create performance measures to assess the effectiveness of the grants; and
(f) Identify opportunities for collaboration with the Department of Health and Human Services at the state and county level for treatment services and funding.
4. Each member of the Council serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
5. While engaged in the business of the Council, to the extent of legislative appropriation, each member of the Council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. To the extent of legislative appropriation, the Sentencing Commission shall provide the Council with such staff as is necessary to carry out the duties of the Council pursuant to this section.
Sec. 9. NRS 176.0132 is hereby amended to read as follows:
176.0132 As used in NRS 176.0132 to 176.0139, inclusive, and sections 6, 7 and 8 of this act, Sentencing Commission means the Nevada Sentencing Commission created by NRS 176.0133.
Secs. 9.3 and 9.7. (Deleted by amendment.)
Sec. 10. NRS 176.015 is hereby amended to read as follows:
176.015 1. Sentence must be imposed without unreasonable delay. Pending sentence, the court may commit the defendant or continue or alter the bail.
2. Before imposing sentence, the court shall:
(a) Afford counsel an opportunity to speak on behalf of the defendant; and
(b) Address the defendant personally and ask the defendant if:
(1) The defendant wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment; and
(2) The defendant is a veteran or a member of the military. If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the court may, if appropriate, assign the defendant to:
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(I) A program of treatment established pursuant to NRS 176A.280; or
(II) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or [453.580.] section 20 of this act.
3. After hearing any statements presented pursuant to subsection 2 and before imposing sentence, the court shall afford the victim an opportunity to:
(a) Appear personally, by counsel or by personal representative; and
(b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
4. The prosecutor shall give reasonable notice of the hearing to impose sentence to:
(a) The person against whom the crime was committed;
(b) A person who was injured as a direct result of the commission of the crime;
(c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and
(d) Any other relative or victim who requests in writing to be notified of the hearing.
Κ Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus. All personal information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.
5. For the purposes of this section:
(a) Member of the military has the meaning ascribed to it in NRS 176A.043.
(b) Relative of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
(c) Veteran has the meaning ascribed to it in NRS 176A.090.
(d) Victim includes:
(1) A person, including a governmental entity, against whom a crime has been committed;
(2) A person who has been injured or killed as a direct result of the commission of a crime; and
(3) A relative of a person described in subparagraph (1) or (2).
6. This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.
Sec. 10.5. NRS 176.033 is hereby amended to read as follows:
176.033 [1.] If a sentence of imprisonment is required or permitted by statute, the court shall:
[(a)] 1. If sentencing a person who has been found guilty of a misdemeanor or a gross misdemeanor, sentence the person to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
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[(b)] 2. If sentencing a person who has been found guilty of a felony, sentence the person to a minimum term and a maximum term of imprisonment, unless a definite term of imprisonment is required by statute.
[(c)] 3. If restitution is appropriate, set an amount of restitution for each victim of the offense and for expenses related to extradition in accordance with NRS 179.225.
[2. At any time after a prisoner has been released on parole and has served one-half of the period of parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment, the State Board of Parole Commissioners, upon the recommendation of the Division, may petition the court of original jurisdiction requesting a modification of sentence. The Board shall give notice of the petition and hearing thereon to the Attorney General or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the State Board of Parole Commissioners and good cause appearing, the court may modify the original sentence by reducing the maximum term of imprisonment but shall not make the term less than the minimum term prescribed by the applicable penal statute.]
Sec. 11. NRS 176.0613 is hereby amended to read as follows:
176.0613 1. The justices or judges of the justice or municipal courts shall impose, in addition to an administrative assessment imposed pursuant to NRS 176.059, 176.0611 and 176.0623, an administrative assessment for the provision of specialty court programs.
2. Except as otherwise provided in subsection 3, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $7 as an administrative assessment for the provision of specialty court programs and render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.
3. The provisions of subsection 2 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4. The money collected for an administrative assessment for the provision of specialty court programs must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.
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5. If the justice or judge permits the fine and administrative assessment for the provision of specialty court programs to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;
(c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs;
(d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to NRS 176.0623; and
(e) To pay the fine.
6. The money collected for an administrative assessment for the provision of specialty court programs in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
7. The money collected for an administrative assessment for the provision of specialty court programs in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
8. The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.
9. Money that is apportioned to a court from administrative assessments for the provision of specialty court programs must be used by the court to:
(a) Pay for the treatment and testing of persons who participate in the program; and
(b) Improve the operations of the specialty court program by any combination of:
(1) Acquiring necessary capital goods;
(2) Providing for personnel to staff and oversee the specialty court program;
(3) Providing training and education to personnel;
(4) Studying the management and operation of the program;
(5) Conducting audits of the program;
(6) Supplementing the funds used to pay for judges to oversee a specialty court program; or
(7) Acquiring or using appropriate technology.
10. As used in this section:
(a) Office of Court Administrator means the Office of Court Administrator created pursuant to NRS 1.320; and
(b) Specialty court program means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or [abuses] uses alcohol or drugs.
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court has jurisdiction and who the court has determined suffer from a mental illness or [abuses] uses alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250, 176A.280 or [453.580.] section 20 of this act.
Sec. 12. NRS 176.135 is hereby amended to read as follows:
176.135 1. Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony.
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:
(a) Must be made before the imposition of sentence or the granting of probation; and
(b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.
3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to, or are found guilty or guilty but mentally ill of, gross misdemeanors.
5. Each court in which a report of a presentence investigation can be made must ensure that each judge of the court receives training concerning the manner in which to use the information included in a report of a presentence investigation for the purpose of imposing a sentence. Such training must include, without limitation, education concerning behavioral health needs and intellectual or developmental disabilities.
Sec. 13. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of any presentence investigation must contain:
(a) Any:
(1) Prior criminal convictions of the defendant;
(2) Unresolved criminal cases involving the defendant;
(3) Incidents in which the defendant has failed to appear in court when his or her presence was required;
(4) Arrests during the 10 years immediately preceding the date of the offense for which the report is being prepared; and
(5) Participation in any program in a specialty court or any diversionary program, including whether the defendant successfully completed the program;
(b) Information concerning the characteristics of the defendant, the defendants financial condition, including whether the information pertaining to the defendants financial condition has been verified, the circumstances affecting the defendants behavior and the circumstances of the defendants offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
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(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the Division and the extent of the information to be included in the report is solely at the discretion of the Division;
(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether the defendant is in arrears in payment on that obligation;
(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS and NRS 392.275 to 392.365, inclusive, that relate to the defendant and are made available pursuant to NRS 432B.290 or NRS 392.317 to 392.337, inclusive, as applicable;
(f) The results of [the] any evaluation or assessment of the defendant conducted pursuant to NRS 176A.260, 176A.280 or 484C.300 [, if such an evaluation is required pursuant to that section;] or section 22 of this act;
(g) [A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
(h) A recommendation, if the Division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;
(i)] If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of the psychosexual evaluation of the defendant and all information that is necessary to carry out the provisions of NRS 176A.110; and
[(j)] (h) Such other information as may be required by the court.
2. [The Division shall include in the report all scoresheets and scales used in determining any recommendation made pursuant to paragraphs (g) and (h) of subsection 1.
3.] The Division shall include in the report the source of any information, as stated in the report, related to the defendants offense, including, without limitation, information from:
(a) A police report;
(b) An investigative report filed with law enforcement; or
(c) Any other source available to the Division.
[4.] 3. The Division may include in the report any additional information that it believes may be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 14. NRS 176.153 is hereby amended to read as follows:
176.153 1. Except as otherwise provided in subsection 3, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than 14 calendar days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 . [and the recommendations of the Division.]
2. In addition to the disclosure requirements set forth in subsection 1, if the Division includes in the report of any presentence investigation made pursuant to NRS 176.135 any information relating to the defendant being affiliated with or a member of a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
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affiliated with or a member of a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
3. The defendant may waive the minimum period required by subsection 1.
4. As used in this section, criminal gang has the meaning ascribed to it in NRS 193.168.
Sec. 15. NRS 176.156 is hereby amended to read as follows:
176.156 1. The Division shall disclose to the prosecuting attorney, the counsel for the defendant and the defendant the factual content of the report of:
(a) Any presentence investigation made pursuant to NRS 176.135 [and the recommendations of the Division] and, if applicable, provide the documentation required pursuant to subsection 2 of NRS 176.153, in the period provided in NRS 176.153.
(b) Any general investigation made pursuant to NRS 176.151.
Κ The Division shall afford an opportunity to each party to object to factual errors in any such report . [and to comment on any recommendations.] The court may order the Division to correct the contents of any such report following sentencing of the defendant if, within 180 days after the date on which the judgment of conviction was entered, the prosecuting attorney and the defendant stipulate to correcting the contents of any such report.
2. Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to a law enforcement agency of this State or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, without limitation, conducting hearings that are public in nature.
3. Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Division concerning the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill.
4. Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Nevada Gaming Control Board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 to 4, inclusive, a report of a presentence investigation or general investigation and the sources of information for such a report are confidential and must not be made a part of any public record.
Sec. 16. Chapter 176A of NRS is hereby amended by adding thereto the provisions set forth as sections 16.5 to 23, inclusive, of this act.
Sec. 16.5. Specialty court program means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or use alcohol or drugs.
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over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or use alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250, 176A.280 or section 20 of this act.
Sec. 17. 1. The Division shall petition the court to recommend the early discharge of a person from probation if the person:
(a) Has not violated any condition of probation during the immediately preceding 12 months;
(b) Is current with any fee to defray the costs of his or her supervision charged by the Division pursuant to NRS 213.1076;
(c) Has paid restitution in full or, because of economic hardship that is verified by the Division, has been unable to make restitution as ordered by the court;
(d) Has completed any program of substance use treatment or mental health treatment or a specialty court program as mandated by the court or the Division; and
(e) Has not been convicted of a violent or sexual offense as defined in NRS 202.876 or a violation of NRS 200.508.
2. This section must not be construed to prohibit the court from allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.
Sec. 18. 1. The Division shall adopt a written system of graduated sanctions for parole and probation officers to use when responding to a technical violation of the conditions of probation or parole. The system must:
(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service and failure to refrain from the use of alcohol or controlled substances.
(b) Take into account factors such as responsivity factors impacting a persons ability to successfully complete any conditions of supervision, the severity of the current violation, the persons previous criminal record, the number and severity of any previous violations and the extent to which graduated sanctions were imposed for previous violations.
2. The Division shall establish and maintain a program of initial and ongoing training for parole and probation officers regarding the system of graduated sanctions.
3. Notwithstanding any rule or law to the contrary, a parole and probation officer shall use graduated sanctions established pursuant to this section when responding to a technical violation.
4. A parole and probation officer intending to impose a graduated sanction shall provide the supervised person with notice of the intended sanction. The notice must inform the person of any alleged violation and the date thereof and the graduated sanction to be imposed.
5. The failure of a supervised person to comply with a sanction may constitute a technical violation of the conditions of probation or parole.
6. The Division may not seek revocation of probation or parole for a technical violation of the conditions of probation or parole until all graduated sanctions have been exhausted. If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the court or Board outlining the reasons for the recommendation of revocation and the steps taken by the Division to change the supervised persons behavior while in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.
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of revocation and the steps taken by the Division to change the supervised persons behavior while in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.
7. As used in this section:
(a) Absconding has the meaning ascribed to it in NRS 176A.630.
(b) Responsivity factors has the meaning ascribed to it in NRS 213.107.
(c) Technical violation means any alleged violation of the conditions of probation or parole that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the supervised person is being supervised.
Κ The term does not include termination from a specialty court program.
Sec. 19. 1. Except as otherwise provided in this subsection, upon a plea of guilty, guilty but mentally ill or nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer judgment on the case to a specified future date and set forth specific terms and conditions for the defendant. The duration of the deferral period must not exceed the applicable period set forth in subsection 1 of NRS 176A.500 or the extension of the period pursuant to subsection 2 of NRS 176A.500. The court may not defer judgment pursuant to this subsection if the defendant has entered into a plea agreement with a prosecuting attorney unless the plea agreement allows the deferral.
2. The terms and conditions set forth for the defendant during the deferral period may include, without limitation, the:
(a) Payment of restitution;
(b) Payment of court costs;
(c) Payment of an assessment in lieu of any fine authorized by law for the offense;
(d) Payment of any other assessment or cost authorized by law;
(e) Completion of a term of community service;
(f) Placement on probation pursuant to NRS 176A.500 and the ordering of any conditions which can be imposed for probation pursuant to NRS 176A.400; or
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(g) Completion of a specialty court program.
3. The court:
(a) Upon the consent of the defendant:
(1) Shall defer judgment for any defendant who has entered a plea of guilty, guilty but mentally ill or nolo contendere to a violation of paragraph (a) of subsection 2 of NRS 453.336; or
(2) May defer judgment for any defendant who is placed in a specialty court program. The court may extend any deferral period for not more than 12 months to allow for the completion of a specialty court program.
(b) Shall not defer judgment for any defendant who has been convicted of a violent or sexual offense as defined in NRS 202.876, a crime against a child as defined in NRS 179D.0357 or a violation of NRS 200.508.
4. Upon violation of a term or condition:
(a) Except as otherwise provided in paragraph (b):
(1) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.
(2) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
(b) If the defendant has been placed in the program for a first or second violation of paragraph (a) of subsection 2 of NRS 453.336, the court may allow the defendant to continue to participate in the program or terminate the participation of the defendant in the program. If the court terminates the participation of the defendant in the program, the court shall allow the defendant to withdraw his or her plea.
5. Upon completion of the terms and conditions of the deferred judgment, and upon a finding by the court that the terms and conditions have been met, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information.
6. The court shall order sealed all documents, papers and exhibits in the defendants 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 courts order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division or the prosecutor petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
7. If the court orders sealed the record of a defendant discharged pursuant to this section, 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.
Sec. 20. A court may establish an appropriate program for the treatment of drug or alcohol use to which it may assign a defendant pursuant to NRS 174.032, 176.015, 176A.400, 453.336, 453.3363 or section 19 or 22 of this act.
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pursuant to NRS 174.032, 176.015, 176A.400, 453.336, 453.3363 or section 19 or 22 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
Sec. 21. 1. A justice court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.
2. As used in this section, eligible defendant means a person who:
(a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;
(b) Has been diagnosed as having a substance use disorder after an in-person clinical assessment; and
(c) Would benefit from assignment to a program established pursuant to section 20 of this act.
Sec. 22. 1. Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of section 19 of this act, if a defendant who suffers from a substance use disorder or any co-occurring disorder tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may:
(a) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 20 of this act if the court determines that the defendant is eligible for participation in such a program; or
(b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 20 of this act if the court determines that the defendant is eligible for participation in such a program.
2. Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to section 20 of this act if the defendant is diagnosed as having a substance use disorder or any co-occurring disorder:
(a) After an in-person clinical assessment by:
(1) A counselor who is licensed or certified to make such a diagnosis; or
(2) A duly licensed physician qualified by the Board of Medical Examiners to make such a diagnosis; or
(b) Pursuant to a substance use assessment.
3. A counselor or physician who diagnoses a defendant as having a substance use disorder shall submit a report and recommendation to the court concerning the length and type of treatment required for the defendant.
4. If the offense committed by the defendant is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony, the defendant is not eligible for assignment to the program.
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5. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction, if applicable, and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
6. Upon fulfillment of the terms and conditions, the court:
(a) Shall discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, unless the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program; or
(b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program.
7. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 23. 1. After a defendant is discharged from probation or a case is dismissed pursuant to section 22 of this act, the court shall order sealed all documents, papers and exhibits in the defendants 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 courts order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division 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 a defendant who is discharged from probation or whose case is dismissed pursuant to section 22 of this act, 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.
Sec. 23.5. NRS 176A.010 is hereby amended to read as follows:
176A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 176A.020 to 176A.090, inclusive, and section 16.5 of this act have the meanings ascribed to them in those sections.
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Sec. 24. NRS 176A.100 is hereby amended to read as follows:
176A.100 1. Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:
(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time of sentencing, it is established that the person [:
(1) Was serving a term of probation or was on parole at the time the crime was committed, whether in this State or elsewhere, for a felony conviction;
(2) Had previously had the persons probation or parole revoked, whether in this State or elsewhere, for a felony conviction;
(3) Had previously been assigned to a program of treatment and rehabilitation pursuant to NRS 453.580 and failed to successfully complete that program; or
(4) Had] had previously been two times convicted, whether in this State or elsewhere, of a crime that under the laws of the situs of the crime or of this State would amount to a felony.
[Κ] If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
2. In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the Chief Parole and Probation Officer, if any, in determining whether to grant probation to a person.
4. If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing the person to a term of imprisonment, grant probation pursuant to the Program of Intensive Supervision established pursuant to NRS 176A.440.
5. Except as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer.
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not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk. If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.
6. If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 25. NRS 176A.210 is hereby amended to read as follows:
176A.210 Upon entry of an order of probation by the court, a person:
1. Shall be deemed accepted for probation for all purposes; and
2. Shall submit to the Division for filing with the clerk of the court of competent jurisdiction a signed document stating that:
(a) The person will comply with the conditions which have been imposed by the court ; [and are stated in the document;] and
(b) If the person fails to comply with the conditions imposed by the court and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.
Sec. 26. NRS 176A.250 is hereby amended to read as follows:
176A.250 A court may establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign a defendant pursuant to NRS 174.032 , [or] 176A.260 [.] or 176A.400 or section 19 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
Sec. 27. NRS 176A.260 is hereby amended to read as follows:
176A.260 1. Except as otherwise provided in [subsection 2,] subparagraph (1) of paragraph (a) of subsection 3 of section 19 of this act, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may [, without] :
(a) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250 [.] if the court determines that the defendant is eligible for participation in such a program; or
(b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250, if the court determines that the defendant is eligible for participation in such a program.
κ2019 Statutes of Nevada, Page 4394 (CHAPTER 633, AB 236)κ
2. Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS 176A.250 if the defendant is diagnosed as having a mental illness or an intellectual disability:
(a) After an in-person clinical assessment by:
(1) A counselor who is licensed or certified to make such a diagnosis; or
(2) A duly licensed physician qualified by the Board of Medical Examiners to make such a diagnosis; and
(b) If the defendant appears to suffer from a mental illness, pursuant to a mental health screening that indicates the presence of a mental illness.
3. A counselor or physician who diagnoses a defendant as having a mental illness or intellectual disability shall submit a report and recommendation to the court concerning the length and type of treatment required for the defendant within the maximum probation terms applicable to the offense for which the defendant is convicted.
4. If the offense committed by the defendant [involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign] is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony, the defendant [to the] is not eligible for assignment to the program . [unless the prosecuting attorney stipulates to the assignment.
3.] 5. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction , if applicable, and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
[4.] 6. Upon fulfillment of the terms and conditions, the court [shall] :
(a) Shall discharge the defendant and dismiss the proceedings [.] or set aside the judgment of conviction, as applicable, unless the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program; or
(b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program.
7. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
κ2019 Statutes of Nevada, Page 4395 (CHAPTER 633, AB 236)κ
reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 28. NRS 176A.265 is hereby amended to read as follows:
176A.265 1. After a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.260, the court shall order sealed all documents, papers and exhibits in the defendants 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 courts order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division 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 a defendant who is discharged from probation or whose case is dismissed pursuant to NRS 176A.260, 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.
Sec. 29. NRS 176A.280 is hereby amended to read as follows:
176A.280 1. A district court, justice court or municipal court may establish an appropriate program for the treatment of veterans and members of the military to which it may assign a defendant pursuant to NRS 174.032 , [or] 176A.290 or 176A.400 or section 19 of this act if the defendant is a veteran or member of the military and:
(a) [Appears to suffer] Is diagnosed after an in-person clinical assessment by a counselor who is licensed or certified to make such a diagnosis or a physician who is certified by the Board of Medical Examiners to make such a diagnosis, or by the results of a mental health or substance use screening, as suffering from:
(1) Mental illness, alcohol or drug [abuse,] use, posttraumatic stress disorder or a traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life which is necessary after combat service; or
(2) Military sexual trauma;
(b) Would benefit from assignment to the program; and
(c) Is not ineligible for assignment to the program pursuant to NRS 176A.287 or any other provision of law.
2. The assignment of a defendant to a program pursuant to this section must:
(a) Include the terms and conditions for successful completion of the program; and
(b) Provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program . [; and
(c) Be for a period of not less than 12 months.]
3. As used in this section:
(a) Military sexual trauma means psychological trauma that is the result of sexual harassment or an act of sexual assault that occurred while the veteran or member of the military was serving on active duty, active duty for training or inactive duty training.
(b) Sexual harassment means repeated, unsolicited verbal or physical contact of a sexual nature that is threatening in character.
κ2019 Statutes of Nevada, Page 4396 (CHAPTER 633, AB 236)κ
Sec. 29.5. NRS 176A.287 is hereby amended to read as follows:
176A.287 1. Except as otherwise provided in subsection 2, a defendant is not eligible for assignment to a program of treatment established pursuant to NRS 176A.280 if :
(a) The offense committed by the defendant [:
(a) Has previously been assigned to such a program;] was a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony; or
(b) [Was] The defendant was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.
2. A defendant described in paragraph (b) of subsection 1 may be assigned to a program of treatment established pursuant to NRS 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.
Sec. 30. NRS 176A.290 is hereby amended to read as follows:
176A.290 1. Except as otherwise provided in [subsection 2 and] NRS 176A.287 [,] and subparagraph (1) of paragraph (a) of subsection 3 of section 19 of this act, if a defendant described in NRS 176A.280 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of [, any] :
(a) Any offense punishable as a felony or gross misdemeanor for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court [, justice court or municipal court, as applicable,] may [, without] :
(1) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280 [.] if the court determines that the defendant is eligible for participation in such a program; or
(2) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280 if the court determines that the defendant is eligible for participation in such a program; or
(b) Any offense punishable as a misdemeanor for which the suspension of sentence is not prohibited by statute, the justice court or municipal court, as applicable, may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.
2. [If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the district court, justice court or municipal court, as applicable, may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment. For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the district court, justice court or municipal court, as applicable, shall consider the facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.
κ2019 Statutes of Nevada, Page 4397 (CHAPTER 633, AB 236)κ
surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.
3.] Upon violation of a term or condition:
(a) The district court, justice court or municipal court, as applicable, may impose sanctions against the defendant for the violation, but allow the defendant to remain in the program. Before imposing a sanction, the court shall notify the defendant of the violation and provide the defendant an opportunity to respond. Any sanction imposed pursuant to this paragraph:
(1) Must be in accordance with any applicable guidelines for sanctions established by the National Association of Drug Court Professionals or any successor organization; and
(2) May include, without limitation, imprisonment in a county or city jail or detention facility for a term set by the court, which must not exceed 25 days.
(b) The district court, justice court or municipal court, as applicable, may enter a judgment of conviction , if applicable, and proceed as provided in the section pursuant to which the defendant was charged.
(c) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
[4.] 3. Except as otherwise provided in subsection 5, upon fulfillment of the terms and conditions [, the] :
(a) The district court [, justice court or municipal court, as applicable, shall] :
(1) Shall discharge the defendant and dismiss the proceedings [.] or set aside the judgment of conviction, as applicable, unless the defendant:
(I) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(II) Has previously failed to complete a specialty court program; or
(2) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:
(I) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(II) Has previously failed to complete a specialty court program; or
(b) The justice court or municipal court, as applicable, shall discharge the defendant and dismiss the proceedings.
4. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, complaint, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
κ2019 Statutes of Nevada, Page 4398 (CHAPTER 633, AB 236)κ
5. If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and conditions, the district court, justice court or municipal court, as applicable, may conditionally dismiss the charges. If a court conditionally dismisses the charges, the court shall notify the defendant that the conditionally dismissed charges are a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but are not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose. Conditional dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, complaint, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 31. NRS 176A.295 is hereby amended to read as follows:
176A.295 1. Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.290, the justice court, municipal court or district court, as applicable, shall order sealed all documents, papers and exhibits in the defendants 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 courts order if the defendant fulfills the terms and conditions imposed by the court and the Division. The justice court, municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed as provided in [subsection 5 of] NRS 176A.290, not sooner than 7 years after such a conditional dismissal and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendants 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 courts order be sealed. The justice court, municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
3. If the justice court, municipal court or district court, as applicable, orders sealed the record of a defendant who is discharged from probation, whose case is dismissed or whose charges were conditionally dismissed pursuant to NRS 176A.290, 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 justice court, municipal court or district court, as applicable, in writing of its compliance with the order.
Sec. 32. NRS 176A.400 is hereby amended to read as follows:
176A.400 1. In issuing an order granting probation, a suspended sentence or a deferred sentence pursuant to section 19 of this act, the court may fix the terms and conditions thereof, including, without limitation:
(a) A requirement for restitution;
κ2019 Statutes of Nevada, Page 4399 (CHAPTER 633, AB 236)κ
(b) An order that the probationer dispose of all the weapons the probationer possesses; or
(c) Any reasonable conditions to protect the health, safety or welfare of the community or to ensure that the probationer will appear at all times and places ordered by the court, including, without limitation:
(1) Requiring the probationer to remain in this State or a certain county within this State;
(2) Prohibiting the probationer from contacting or attempting to contact a specific person whom the probationer is prohibited from contacting by court order or from causing or attempting to cause another person to contact that person on the probationers behalf;
(3) Prohibiting the probationer from entering a certain geographic area; or
(4) Prohibiting the probationer from engaging in specific conduct that [may be] is harmful to the probationers own health, safety or welfare, or the health, safety or welfare of another person.
2. In issuing an order granting probation , a suspended sentence or a deferred sentence pursuant to section 19 of this act to a person who is found guilty of a category C, D or E felony, the court may require the person as a condition of probation to participate in and complete to the satisfaction of the court any alternative program, treatment or activity deemed appropriate by the court [.] , including, without limitation, any specialty court program.
3. The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.
4. In placing any defendant on probation or in granting a defendant a suspended or deferred sentence, the court shall direct that the defendant be placed under the supervision of the Chief Parole and Probation Officer.
Sec. 33. NRS 176A.420 is hereby amended to read as follows:
176A.420 1. Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance. Any such use or any failure or refusal to submit to a test is a [ground for revocation of probation.] violation for which a graduated sanction may be imposed in accordance with the system adopted by the Division pursuant to section 18 of this act.
2. Any expense incurred as a result of a test must be paid from appropriations to the Division on claims as other claims against the State are paid.
Sec. 34. NRS 176A.500 is hereby amended to read as follows:
176A.500 1. [The] Except as otherwise provided in subsection 2, the period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) [Three years] Twelve months for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to NRS 176A.260, 176A.290 or 453.3363 [;] or section 22 of this act;
(b) [Five years] Eighteen months for a category E felony [.] ;
(c) Twenty-four months for a category C or D felony;
κ2019 Statutes of Nevada, Page 4400 (CHAPTER 633, AB 236)κ
(d) Thirty-six months for a category B felony; or
(e) Notwithstanding the provisions of paragraphs (a) to (d), inclusive, 60 months for a violent or sexual offense as defined in NRS 202.876 or a violation of NRS 200.508.
2. The court may extend the period of probation or suspension of sentence ordered pursuant to subsection 1 for a period of not more than 12 months if such an extension is necessary for the defendant to complete his or her participation in a specialty court program.
3. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
[3.] 4. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection [4,] 5, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
[4.] 5. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person the officer arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
[5.] 6. A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor must be allowed for the period of the probation a deduction of:
(a) Ten days from that period for each month the person serves and is current with any fee to defray the costs of his or her supervision charged by the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 213.1076 and with any payment of restitution ordered by the court, including, without limitation, any payment of restitution required pursuant to NRS 176A.430. A person shall be deemed to be current with any such fee and payment of restitution for any given month if, during that month, the person makes at least the minimum monthly payment established by the court or, if the court does not establish a minimum monthly payment, by the Division.
(b) Except as otherwise provided in subsection [7,] 8, 10 days from that period for each month the person serves and is actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.
κ2019 Statutes of Nevada, Page 4401 (CHAPTER 633, AB 236)κ
[6.] 7. A person must be allowed a deduction pursuant to paragraph (a) or (b) of subsection [5] 6 regardless of whether the person has satisfied the requirements of the other paragraph and must be allowed a deduction pursuant to paragraphs (a) and (b) of subsection [5] 6 if the person has satisfied the requirements of both paragraphs of that subsection.
[7.] 8. A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program. Such a deduction must not exceed the length of time remaining on the persons period of probation.
[8. As used in this section, specialty court program means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or abuse alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250, 176A.280 or 453.580.]
Sec. 35. NRS 176A.630 is hereby amended to read as follows:
176A.630 1. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and system of graduated sanctions adopted pursuant to section 18 of this act, as applicable, and the recommendation, if any, of the Chief Parole and Probation Officer. Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation. [The] If the court finds that the probationer committed a violation of a condition of probation by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the court may:
[1.] (a) Continue or revoke the probation or suspension of sentence;
[2.] (b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
κ2019 Statutes of Nevada, Page 4402 (CHAPTER 633, AB 236)κ
[3.] (c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;
[4.] (d) Cause the sentence imposed to be executed; or
[5.] (e) Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division. The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this [subsection.] paragraph. The Chief Parole and Probation Officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. 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 pursuant to this [subsection] paragraph is confidential.
2. If the court finds that the probationer committed one or more technical violations of the conditions of probation, the court may:
(a) Continue the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
(c) Temporarily revoke the probation or suspension of sentence and impose a term of imprisonment of not more than:
(1) Thirty days for the first temporary revocation;
(2) Ninety days for the second temporary revocation; or
(3) One hundred and eighty days for the third temporary revocation; or
(d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation.
3. Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of the conditions of probation must be brought before the court not later than 15 calendar days after the date of arrest and detention. If the person is not brought before the court within 15 calendar days, the probationer must be released from detention and returned to probation status. Following a probationers release from detention, the court may subsequently hold a hearing to determine if a technical violation has occurred. If the court finds that such a technical violation occurred, the court may:
(a) Continue probation and modify the terms and conditions of probation; or
(b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.
κ2019 Statutes of Nevada, Page 4403 (CHAPTER 633, AB 236)κ
4. The commission of one of the following acts by a probationer must not, by itself, be used as the only basis for the revocation of probation:
(a) Consuming any alcoholic beverage.
(b) Testing positive on a drug or alcohol test.
(c) Failing to abide by the requirements of a mental health or substance use treatment program.
(d) Failing to seek and maintain employment.
(e) Failing to pay any required fines or fees.
(f) Failing to report any changes in residence.
5. As used in this section:
(a) Absconding means that a person is actively avoiding supervision by making his or her whereabouts unknown to the Division for a continuous period of 60 days or more.
(b) Technical violation means any alleged violation of the conditions of probation that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised.
Κ The term does not include termination from a specialty court program.
Sec. 36. NRS 178.461 is hereby amended to read as follows:
178.461 1. If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection 3. Except as otherwise provided in subsection 2, the court shall hold the hearing within 10 judicial days after the motion is filed with the court.
2. If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The Division shall provide the requested comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person not later than three judicial days before the hearing.
κ2019 Statutes of Nevada, Page 4404 (CHAPTER 633, AB 236)κ
days before the hearing. If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion.
3. At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the persons dangerousness is such that the person requires placement at a forensic facility, the court may order:
(a) The sheriff to take the person into protective custody and transport the person to a forensic facility; and
(b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.
4. Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.
5. At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.
6. The provisions of subsection 1 apply to any of the following category B felonies:
(a) Voluntary manslaughter pursuant to NRS 200.050;
(b) Mayhem pursuant to NRS 200.280;
(c) Kidnapping in the second degree pursuant to NRS 200.330;
(d) Assault with a deadly weapon pursuant to NRS 200.471;
(e) Battery with a deadly weapon pursuant to NRS 200.481;
(f) Aggravated stalking pursuant to NRS 200.575;
(g) First degree arson pursuant to NRS 205.010;
(h) [Burglary] Residential burglary with a deadly weapon pursuant to NRS 205.060;
(i) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(j) Any category B felony involving the use of a firearm; and
(k) Any attempt to commit a category A felony.
7. If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and:
(a) Was charged with murder or sexual assault; and
(b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,
Κ the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.
8. The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the persons dangerousness is such that the person requires placement at a forensic facility.
9. At a hearing conducted pursuant to subsection 8, a person who is committed has the right to be represented by counsel. If the person does not have counsel, the court shall appoint an attorney to represent the person.
κ2019 Statutes of Nevada, Page 4405 (CHAPTER 633, AB 236)κ
Sec. 37. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 6 and NRS 176A.265, 176A.295, 179.247, 179.259, 201.354, 453.3365 and [458.330,] sections 19 and 23 of this act, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A felony, a crime of violence pursuant to NRS 200.408 or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioners current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) If the petition references NRS 453.3365 , [or 458.330,] include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
(d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain; and
(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.
3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime.
κ2019 Statutes of Nevada, Page 4406 (CHAPTER 633, AB 236)κ
General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
4. If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to the sealing of the records after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the prosecuting attorney does not stipulate to the sealing of the records, a hearing on the petition must be conducted.
5. If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
6. A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
[(d)] (e) A violation of NRS 484C.430;
[(e)] (f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
[(f)] (g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
[(g)] (h) A violation of NRS 488.420 or 488.425.
7. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
8. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Sexual offense means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
κ2019 Statutes of Nevada, Page 4407 (CHAPTER 633, AB 236)κ
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human body pursuant to NRS 201.450.
(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
(17) An attempt to commit an offense listed in this paragraph.
Sec. 38. NRS 179.255 is hereby amended to read as follows:
179.255 1. If a person has been arrested for alleged criminal conduct and the charges are dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges or such person is acquitted of the charges, the person may petition:
(a) The court in which the charges were dismissed, at any time after the date the charges were dismissed;
(b) The court having jurisdiction in which the charges were declined for prosecution:
(1) Any time after the applicable statute of limitations has run;
(2) Any time 8 years after the arrest; or
(3) Pursuant to a stipulation between the parties; or
(c) The court in which the acquittal was entered, at any time after the date of the acquittal,
Κ for the sealing of all records relating to the arrest and the proceedings leading to the dismissal, declination or acquittal.
2. If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.
3. A petition filed pursuant to subsection 1 or 2 must:
κ2019 Statutes of Nevada, Page 4408 (CHAPTER 633, AB 236)κ
(a) Be accompanied by the petitioners current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) Except as otherwise provided in paragraph (c), include the disposition of the proceedings for the records to be sealed;
(c) If the petition references NRS 453.3365 , [or 458.330,] include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal, declination or acquittal and to whom the order to seal records, if issued, will be directed; and
(e) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific charges that were dismissed or of which the petitioner was acquitted; and
(3) Date of arrest relating to the specific charges that were dismissed or of which the petitioner was acquitted.
4. Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(a) If the charges were dismissed, declined for prosecution or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county; or
(b) If the charges were dismissed, declined for prosecution or the acquittal was entered in a municipal court, the prosecuting attorney for the city.
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
5. Upon receiving a petition pursuant to subsection 2, the court shall notify:
(a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county; or
(b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
6. If the prosecuting attorney stipulates to the sealing of the records after receiving notification pursuant to subsection 4 or 5 and the court makes the findings set forth in subsection 7 or 8, as applicable, the court may order the sealing of the records in accordance with subsection 7 or 8, as applicable, without a hearing. If the prosecuting attorney does not stipulate to the sealing of the records, a hearing on the petition must be conducted.
7. If the court finds that there has been an acquittal, that the prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal, declination or dismissal which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
κ2019 Statutes of Nevada, Page 4409 (CHAPTER 633, AB 236)κ
declination or dismissal which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
8. If the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
9. If the prosecuting attorney having jurisdiction previously declined prosecution of the charges and the records of the arrest have been sealed pursuant to subsection 7, the prosecuting attorney may subsequently file the charges at any time before the running of the statute of limitations for those charges. If such charges are filed with the court, the court shall order the inspection of the records without the prosecuting attorney having to petition the court pursuant to NRS 179.295.
Sec. 39. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of a record pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or [458.330,] section 19 or 23 of this act, a copy of the order must be sent to:
1. The Central Repository for Nevada Records of Criminal History; and
2. Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.
Sec. 40. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301:
1. If the court orders a record sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or [458.330:] section 19 or 23 of this act:
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.
(b) The person is immediately restored to the following civil rights if the persons civil rights previously have not been restored:
(1) The right to vote;
(2) The right to hold office; and
(3) The right to serve on a jury.
2. Upon the sealing of the persons records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:
(a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1; and
(b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.
3. A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section.
κ2019 Statutes of Nevada, Page 4410 (CHAPTER 633, AB 236)κ
competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.
4. A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.
Sec. 41. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records that are sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or [458.330] section 19 or 23 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section, subsection 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.
2. If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
4. This section does not prohibit a court from considering a [conviction] proceeding for which records have been sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or [458.330] section 19 or 23 of this act in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595, 453.3365 or [458.330] section 19 or 23 of this act for a conviction of another offense.
Sec. 41.5. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository:
(1) In the manner approved by the Director of the Department; and
(2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division.
κ2019 Statutes of Nevada, Page 4411 (CHAPTER 633, AB 236)κ
information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and
(c) Within the time prescribed by the Director of the Department.
5. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
(d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.
6. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
κ2019 Statutes of Nevada, Page 4412 (CHAPTER 633, AB 236)κ
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
7. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:
(a) The persons complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county jail or detention facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the persons fingerprints for the purposes of mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district, charter school or private school,
Κ and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385 [,] or 453.339 , [or 453.3395,] or convicted of a felony or any offense involving moral turpitude.
κ2019 Statutes of Nevada, Page 4413 (CHAPTER 633, AB 236)κ
(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 [,] or 453.339 , [or 453.3395,] or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
(g) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repositorys Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website a report containing statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and
(2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.
9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
κ2019 Statutes of Nevada, Page 4414 (CHAPTER 633, AB 236)κ
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
10. As used in this section:
(a) Mobile identification means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) A biometric identifier of a person.
(c) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 42. NRS 4.075 is hereby amended to read as follows:
4.075 1. In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justice court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required.
2. On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by the justice of the peace during the preceding month for credit to an account for programs for the prevention and treatment of the [abuse] use of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the [abuse] use of alcohol or drugs which may include, without limitation, any program [of] for the treatment [for the abuse] of drug or alcohol [or drugs] use established in a judicial district pursuant to [NRS 453.580.] section 20 of this act.
Sec. 43. NRS 4.3713 is hereby amended to read as follows:
4.3713 1. A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to another justice court or a municipal court if:
(a) The case involves criminal conduct that occurred outside the limits of the county or township where the court is located and the defendant has appeared before a magistrate pursuant to NRS 171.178;
(b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning that issue in the record; or
(c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.
2. A justice court may not issue an order for the transfer of a case pursuant to paragraph (b) or (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.
3. An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
κ2019 Statutes of Nevada, Page 4415 (CHAPTER 633, AB 236)κ
court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
Sec. 44. NRS 4.3715 is hereby amended to read as follows:
4.3715 1. A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a district court in this State if the defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.
2. A justice court may not issue an order for the transfer of a case pursuant to this section before a plea agreement has been reached or the disposition of the case, whichever occurs first.
3. An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the district court to which the case was transferred. If a district court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
Sec. 45. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence or a portion thereof of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension , without limitation, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct , or comply with any other condition, deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the [abuse] use of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or
(c) The programs set forth in paragraphs (a) and (b),
κ2019 Statutes of Nevada, Page 4416 (CHAPTER 633, AB 236)κ
Κ and that the person comply with any other condition of suspension ordered by the justice of the peace.
3. Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:
(a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and
(b) Comply with any other condition of suspension ordered by the justice of the peace.
Κ The justice of the peace may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
4. The justice of the peace may order reports from a person whose sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
5. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 46. NRS 4.374 is hereby amended to read as follows:
4.374 1. As soon as possible after a defendant is arrested or cited, the justice of the peace shall attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
2. Before accepting a plea from a defendant or proceeding to trial, the justice of the peace shall:
(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military; and
(b) Determine whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
3. If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the justice court may, if the justice court has not established a program pursuant to NRS 176A.280 and, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to:
(a) A program of treatment established pursuant to NRS 176A.280; or
(b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or [453.580.] section 20 of this act.
4. As used in this section:
(a) Member of the military has the meaning ascribed to it in NRS 176A.043.
(b) Veteran has the meaning ascribed to it in NRS 176A.090.
Sec. 47. NRS 5.0503 is hereby amended to read as follows:
5.0503 1. A municipal court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a justice court or another municipal court if:
κ2019 Statutes of Nevada, Page 4417 (CHAPTER 633, AB 236)κ
(a) The case involves criminal conduct that occurred outside the limits of the city where the court is located and the defendant has appeared before a magistrate pursuant to NRS 171.178;
(b) Such a transfer is necessary to promote access to justice for the defendant and the municipal court has noted its findings concerning that issue in the record; or
(c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.
2. A municipal court may not issue an order for the transfer of a case pursuant to paragraph (b) or (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.
3. An order issued by a municipal court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the municipal court which sought the transfer.
Sec. 48. NRS 5.0505 is hereby amended to read as follows:
5.0505 1. A municipal court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a district court in this State if the defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.
2. A municipal court may not issue an order transferring a case pursuant to this section before a plea agreement has been reached or the disposition of the case, whichever occurs first.
3. An order issued by a municipal court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the district court to which the case was transferred. If a district court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the municipal court which sought the transfer.
Sec. 49. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 2 years, the sentence or a portion thereof of a person convicted of a misdemeanor. If the circumstances warrant, the municipal judge may order as a condition of suspension , without limitation, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct , or comply with any other condition, deemed appropriate by the municipal judge;
κ2019 Statutes of Nevada, Page 4418 (CHAPTER 633, AB 236)κ
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the [abuse] use of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or
(c) The programs set forth in paragraphs (a) and (b),
Κ and that the person comply with any other condition of suspension ordered by the municipal judge.
3. Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the municipal judge may suspend the sentence for not more than 2 years upon the condition that the person:
(a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and
(b) Comply with any other condition of suspension ordered by the municipal judge.
Κ The municipal judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
4. The municipal judge may order reports from a person whose sentence is suspended at such times as the municipal judge deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
5. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 50. NRS 5.057 is hereby amended to read as follows:
5.057 1. As soon as possible after a defendant is arrested or cited, the municipal judge shall attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280. Before accepting a plea from a defendant or proceeding to trial, the municipal judge shall:
(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military; and
κ2019 Statutes of Nevada, Page 4419 (CHAPTER 633, AB 236)κ
(b) Determine whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
2. If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the municipal court may, if the municipal court has not established a program pursuant to NRS 176A.280 and, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to:
(a) A program of treatment established pursuant to NRS 176A.280; or
(b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or [453.580.] section 20 of this act.
3. As used in this section:
(a) Member of the military has the meaning ascribed to it in NRS 176A.043.
(b) Veteran has the meaning ascribed to it in NRS 176A.090.
Sec. 51. NRS 19.03135 is hereby amended to read as follows:
19.03135 1. In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, except as otherwise required pursuant to NRS 19.034.
2. On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the clerk of the court shall account for and pay over to the county treasurer any such fees collected by the clerk of the court during the preceding month for credit to an account for programs for the prevention and treatment of the [abuse] use of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the [abuse] use of alcohol or drugs which may include, without limitation, any program [of] for treatment [for the abuse] of drug or alcohol [or drugs] use established in a judicial district pursuant to [NRS 453.580.] section 20 of this act.
Sec. 51.5. NRS 193.130 is hereby amended to read as follows:
193.130 1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years.
κ2019 Statutes of Nevada, Page 4420 (CHAPTER 633, AB 236)κ
not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100 [,] or paragraph (a) of subsection 2 of NRS 453.336, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.
Sec. 52. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to subsection 2 or 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Κ The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
Κ The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.
κ2019 Statutes of Nevada, Page 4421 (CHAPTER 633, AB 236)κ
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a felony pursuant to paragraph (c) of subsection 1 or subsection 2; or
(b) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a),
Κ and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, [but not more than 12 months,] at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
Κ If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
5. Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
(a) When evidenced by a conviction; or
(b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
Κ without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a) or (b) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
6. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
κ2019 Statutes of Nevada, Page 4422 (CHAPTER 633, AB 236)κ
before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
7. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the [abuse] use of alcohol or drugs that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
8. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted persons ability to pay.
9. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person. A court may grant probation to or suspend the sentence of such a person:
(a) As set forth in NRS 4.373 and 5.055; or
(b) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
10. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
11. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
12. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
κ2019 Statutes of Nevada, Page 4423 (CHAPTER 633, AB 236)κ
(b) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 53. (Deleted by amendment.)
Sec. 54. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.
3. Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is:
(1) Twenty-one years of age or older; or
(2) At least 18 years of age but less than 21 years of age if the person:
(I) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or
(II) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Κ Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
4. The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(a) Has an outstanding warrant for his or her arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
κ2019 Statutes of Nevada, Page 4424 (CHAPTER 633, AB 236)κ
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has : [been:]
(1) [Convicted] Been convicted of violating the provisions of NRS 484C.110; or
(2) [Committed for] Participated in a program of treatment pursuant to [NRS 458.290] sections 20 to [458.350,] 23, inclusive [.] , of this act.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for a conviction of a felony; or
(2) Suspension of sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
(k) Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.
5. The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of the persons application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
κ2019 Statutes of Nevada, Page 4425 (CHAPTER 633, AB 236)κ
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his or her agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
(d) If the applicant is a resident of this State, the drivers license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:
(1) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or
(2) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, Certificate of Release or Discharge from Active Duty, or other document of honorable separation issued by the United States Department of Defense;
(g) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
(h) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 55. NRS 205.060 is hereby amended to read as follows:
205.060 1. [Except as otherwise provided in subsection 5, a] A person who, by day or night, unlawfully enters or unlawfully remains in any [house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car,] :
(a) Dwelling with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of residential burglary.
(b) Business structure with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of burglary of a business.
(c) Motor vehicle, or any part thereof, with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of burglary of a motor vehicle.
(d) Structure other than a dwelling, business structure or motor vehicle with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of burglary of a structure.
2. Except as otherwise provided in this section, a person convicted of [burglary] :
(a) Burglary of a motor vehicle:
(1) For the first offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
κ2019 Statutes of Nevada, Page 4426 (CHAPTER 633, AB 236)κ
(2) For a second or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) Burglary of a structure is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(c) Burglary of a business is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(d) Residential burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years . [, and may be further punished by a fine of not more than $10,000. A]
3. If mitigating circumstances exist, a person who is convicted of residential burglary [and who] may be released on probation and granted a suspension of sentence if the person has not previously been convicted of residential burglary or another crime involving the [forcible] unlawful entry or invasion of a dwelling . [must not be released on probation or granted a suspension of sentence.
3.] 4. Whenever [a] any burglary pursuant to this section is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.
[4.] 5. A person convicted of any burglary pursuant to this section who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the dwelling, structure or motor vehicle or upon leaving the dwelling, structure [,] or motor vehicle, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
[5. The crime of burglary does not include the act of entering a commercial establishment during business hours with the intent to commit petit larceny unless the person has previously been convicted:
(a) Two or more times for committing petit larceny within the immediately preceding 7 years; or
(b) Of a felony.]
6. As used in this section:
(a) Business structure means any structure or building, the primary purpose of which is to carry on any lawful effort for a business, including, without limitation, any business with an educational, industrial, benevolent, social or political purpose, regardless of whether the business is operated for profit.
(b) Dwelling means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car, including, without limitation, any part thereof that is divided into a separately occupied unit:
(1) In which any person lives; or
(2) Which is customarily used by a person for overnight accommodations,
Κ regardless of whether the person is inside at the time of the offense.
κ2019 Statutes of Nevada, Page 4427 (CHAPTER 633, AB 236)κ
(c) Motor vehicle means any motorized craft or device designed for the transportation of a person or property across land or water or through the air which does not qualify as a dwelling or business structure pursuant to this section.
(d) Unlawfully enters or unlawfully remains means for a person to enter or remain in a dwelling, structure or motor vehicle or any part thereof, including, without limitation, under false pretenses, when the person is not licensed or privileged to do so. For purposes of this definition, a license or privilege to enter or remain in a part of a dwelling, structure or motor vehicle that is open to the public is not a license or privilege to enter or remain in a part of the dwelling, structure or motor vehicle that is not open to the public.
Sec. 56. NRS 205.067 is hereby amended to read as follows:
205.067 1. A person who, by day or night, forcibly enters [an inhabited] a dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.
2. A person convicted of invasion of the home is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of invasion of the home and who has previously been convicted of any burglary pursuant to NRS 205.060 or invasion of the home must not be released on probation or granted a suspension of sentence.
3. Whenever an invasion of the home is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car traveled during the time the invasion was committed.
4. A person convicted of invasion of the home who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
5. As used in this section:
(a) Dwelling has the meaning ascribed to it in NRS 205.060.
(b) Forcibly enters means the entry of an inhabited dwelling involving any act of physical force resulting in damage to the structure.
[(b) Inhabited dwelling means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.]
Sec. 57. (Deleted by amendment.)
Sec. 58. NRS 205.0835 is hereby amended to read as follows:
205.0835 1. Unless a greater penalty is imposed by a specific statute and unless the provisions of NRS 205.08345 apply under the circumstances, a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to the provisions of this section.
κ2019 Statutes of Nevada, Page 4428 (CHAPTER 633, AB 236)κ
a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to the provisions of this section.
2. If the value of the property or services involved in the theft [is] :
(a) Is less than [$650,] $1,200, the person who committed the theft is guilty of a misdemeanor.
[3. If the value of the property or services involved in the theft is $650]
(b) Is $1,200 or more but less than $5,000, the person who committed the theft is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(c) Is $5,000 or more but less than [$3,500,] $25,000, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[4. If the value of the property or services involved in the theft is $3,500]
(d) Is $25,000 or more [,] but less than $100,000, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
[5.] (e) Is $100,000 or more, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
3. In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.
Sec. 59. NRS 205.130 is hereby amended to read as follows:
205.130 1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
Κ drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of [$650] $1,200 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. A person who willfully issues any check or draft for the payment of wages in excess of [$650,] $1,200, when the person knows he or she has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
κ2019 Statutes of Nevada, Page 4429 (CHAPTER 633, AB 236)κ
insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
4. For the purposes of this section, credit means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.
Sec. 60. NRS 205.134 is hereby amended to read as follows:
205.134 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of [$650] $1,200 or more or by a person who previously has been convicted three times of this or a similar offense is punishable as a category D felony as provided in NRS 193.130.
2. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
Sec. 60.3. NRS 205.2175 is hereby amended to read as follows:
205.2175 As used in NRS 205.2175 to [205.2707,] 205.2705, inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.218 to 205.2195, inclusive, have the meanings ascribed to them in those sections.
Sec. 60.7. NRS 205.2195 is hereby amended to read as follows:
205.2195 Property means:
1. Personal goods, personal property and motor vehicles;
2. Money, negotiable instruments and other items listed in NRS 205.260;
3. Livestock, domesticated animals and domesticated birds; and
4. Any other item of value, whether or not the item is listed in NRS 205.2175 to [205.2707,] 205.2705, inclusive.
Sec. 61. NRS 205.220 is hereby amended to read as follows:
205.220 Except as otherwise provided in NRS 205.226 and 205.228, a person commits grand larceny if the person:
1. Intentionally steals, takes and carries away, leads away or drives away:
(a) Personal goods or property, with a value of [$650] $1,200 or more, owned by another person;
(b) Bedding, furniture or other property, with a value of [$650] $1,200 or more, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or
(c) Real property, with a value of [$650] $1,200 or more, that the person has converted into personal property by severing it from real property owned by another person.
2. Uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he or she is not entitled.
κ2019 Statutes of Nevada, Page 4430 (CHAPTER 633, AB 236)κ
3. Intentionally steals, takes and carries away, leads away, drives away or entices away:
(a) One or more head of livestock owned by another person; or
(b) One or more domesticated animals or domesticated birds, with an aggregate value of [$650] $1,200 or more, owned by another person.
4. With the intent to defraud, steal, appropriate or prevent identification:
(a) Marks or brands, causes to be marked or branded, alters or defaces a mark or brand, or causes to be altered or defaced a mark or brand upon one or more head of livestock owned by another person;
(b) Sells or purchases the hide or carcass of one or more head of livestock owned by another person that has had a mark or brand cut out or obliterated;
(c) Kills one or more head of livestock owned by another person but running at large, whether or not the livestock is marked or branded; or
(d) Kills one or more domesticated animals or domesticated birds, with an aggregate value of [$650] $1,200 or more, owned by another person but running at large, whether or not the animals or birds are marked or branded.
Sec. 62. NRS 205.222 is hereby amended to read as follows:
205.222 1. Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the provisions of this section.
2. If the value of the property involved in the grand larceny [is] :
(a) Is less than $5,000, the person who committed the grand larceny is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) Is $5,000 or more but less than [$3,500,] $25,000, the person who committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[3. If the value of the property involved in the grand larceny is $3,500]
(c) Is $25,000 or more [,] but less than $100,000, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
[4.] (d) Is $100,000 or more, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
3. In addition to any other penalty, the court shall order the person who committed the grand larceny to pay restitution.
[5.] 4. If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds from the sale are subject to forfeiture.
Sec. 63. NRS 205.228 is hereby amended to read as follows:
205.228 1. A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.
2. [Except as otherwise provided in subsection 3, a] A person who commits grand larceny of a motor vehicle is guilty of [a] :
(a) A category C felony and shall be punished as provided in NRS 193.130.
κ2019 Statutes of Nevada, Page 4431 (CHAPTER 633, AB 236)κ
[3. If the prosecuting attorney proves that the value of the motor vehicle involved in the grand larceny is $3,500 or more, the person who committed the grand larceny of the motor vehicle is guilty of]
(b) For a second or subsequent offense within 5 years, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [10] 6 years, and by a fine of not more than [$10,000.
4.] $5,000.
3. In addition to any other penalty, the court shall order the person who committed the grand larceny of the motor vehicle to pay restitution.
Sec. 64. NRS 205.240 is hereby amended to read as follows:
205.240 1. Except as otherwise provided in NRS 205.220, 205.226, 205.228, 475.105 and 501.3765, a person commits petit larceny if the person:
(a) Intentionally steals, takes and carries away, leads away or drives away:
(1) Personal goods or property, with a value of less than [$650,] $1,200, owned by another person;
(2) Bedding, furniture or other property, with a value of less than [$650,] $1,200, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or
(3) Real property, with a value of less than [$650,] $1,200, that the person has converted into personal property by severing it from real property owned by another person.
(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than [$650,] $1,200, owned by another person.
2. Unless a greater penalty is provided pursuant to NRS 205.267, a person who commits petit larceny is guilty of a misdemeanor.
3. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 64.5. NRS 205.251 is hereby amended to read as follows:
205.251 For the purposes of NRS 205.2175 to [205.2707,] 205.2705, inclusive:
1. The value of property involved in a larceny offense shall be deemed to be the highest value attributable to the property by any reasonable standard.
2. The value of property involved in larceny offenses committed by one or more persons pursuant to a scheme or continuing course of conduct may be aggregated in determining the grade of the larceny offenses.
Sec. 65. NRS 205.267 is hereby amended to read as follows:
205.267 1. A person who intentionally steals, takes and carries away scrap metal or utility property with a value of less than [$650] $1,200 within a period of 90 days is guilty of a misdemeanor.
2. A person who intentionally steals, takes and carries away scrap metal or utility property with a value of [$650] $1,200 or more within a period of 90 days is guilty of:
(a) [If the value of the scrap metal or utility property taken is less than $3,500, a category C felony and shall be punished as provided in NRS 193.130; or
κ2019 Statutes of Nevada, Page 4432 (CHAPTER 633, AB 236)κ
(b)] If the value of the scrap metal or utility property taken is [$3,500] $1,200 or more [,] but less than $5,000, a category D felony and shall be punished as provided in NRS 193.130.
(b) If the value of the scrap metal or utility property taken is $5,000 or more but less than $25,000, a category C felony and shall be punished as provided in NRS 193.130.
(c) If the value of the scrap metal or utility property taken is $25,000 or more but less than $100,000, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(d) If the value of the scrap metal or utility property taken is $100,000 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
3. In addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 or 2 to pay restitution and:
(a) For a first offense, to perform 100 hours of community service.
(b) For a second offense, to perform 200 hours of community service.
(c) For a third or subsequent offense, to perform up to 300 hours of community service for up to 1 year, as determined by the court.
4. In determining the value of the scrap metal or utility property taken, the cost of repairing and, if necessary, replacing any property damaged by the theft of the scrap metal or utility property must be added to the value of the property.
5. As used in this section:
(a) Scrap metal has the meaning ascribed to it in NRS 647.017.
(b) Utility property has the meaning ascribed to it in NRS 202.582.
Sec. 66. NRS 205.270 is hereby amended to read as follows:
205.270 1. A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his or her own use, takes property from the person of another, without the other persons consent, is guilty of [:
(a) If the value of the property taken is less than $3,500,] a category C felony and shall be punished as provided in NRS 193.130 . [; or
(b) If the value of the property taken is $3,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.]
2. In addition to any other penalty, the court shall order the person to pay restitution.
3. The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the property was taken has any infirmity caused by age or other physical condition.
Sec. 67. (Deleted by amendment.)
Sec. 68. NRS 205.273 is hereby amended to read as follows:
205.273 1. A person commits an offense involving a stolen vehicle if the person:
(a) With the intent to procure or pass title to a motor vehicle which the person knows or has reason to believe has been stolen, receives or transfers possession of the vehicle from or to another person; or
κ2019 Statutes of Nevada, Page 4433 (CHAPTER 633, AB 236)κ
(b) Has in his or her possession a motor vehicle which the person knows or has reason to believe has been stolen.
2. The provisions of subsection 1 do not apply to an officer of the law if the officer is engaged in the performance of his or her duty as an officer at the time of the receipt, transfer or possession of the stolen vehicle.
3. [Except as otherwise provided in subsection 4, a] A person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. [If the prosecuting attorney proves that the value of the vehicle involved is $3,500 or more, the person who violated the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
5.] In addition to any other penalty, the court shall order the person to pay restitution.
[6. For the purposes of this section, the value of a vehicle shall be deemed to be the highest value attributable to the vehicle by any reasonable standard.]
Sec. 69. NRS 205.275 is hereby amended to read as follows:
205.275 1. Except as otherwise provided in NRS 501.3765, a person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owners property, buys, receives, possesses or withholds property:
(a) Knowing that it is stolen property; or
(b) Under such circumstances as should have caused a reasonable person to know that it is stolen property.
2. A person who commits an offense involving stolen property in violation of subsection 1:
(a) If the value of the property is less than [$650,] $1,200, is guilty of a misdemeanor;
(b) If the value of the property is $1,200 or more but less than $5,000, is guilty of a category D felony and shall be punished as provided in NRS 193.130;
(c) If the value of the property is [$650] $5,000 or more but less than [$3,500,] $25,000, is guilty of a category C felony and shall be punished as provided in NRS 193.130; [or
(c)] (d) If the value of the property is [$3,500] $25,000 or more but less than $100,000 or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000 [.] ; or
(e) If the value of the property is $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
3. In addition to any other penalty, the court shall order the person to pay restitution.
4. A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.
κ2019 Statutes of Nevada, Page 4434 (CHAPTER 633, AB 236)κ
5. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturers serial number or manufacturers identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.
6. For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.
7. As used in this section, stolen property means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.
Sec. 70. NRS 205.365 is hereby amended to read as follows:
205.365 A person, after once selling, bartering or disposing of any tract of land, town lot, or executing any bond or agreement for the sale of any land or town lot, who again, knowingly and fraudulently, sells, barters or disposes of the same tract of land or lot, or any part thereof, or knowingly and fraudulently executes any bond or agreement to sell, barter or dispose of the same land or lot, or any part thereof, to any other person, for a valuable consideration, shall be punished:
1. Where the value of the property involved is [$650] $1,200 or more, for a category [C] D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the value of the property is less than [$650,] $1,200, for a misdemeanor.
Sec. 71. NRS 205.370 is hereby amended to read as follows:
205.370 A person who, by false representations of his or her own wealth, or mercantile correspondence and connections, obtains a credit thereby and defrauds any person of money, goods, chattels or any valuable thing, or if a person causes or procures another to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit and thereby fraudulently gets into the possession of goods, wares or merchandise, or other valuable thing, is a swindler, and must be sentenced to return the property fraudulently obtained, if it can be done, or to pay restitution and shall be punished:
1. Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is [$650] $1,200 or more, for a category [C] D felony as provided in NRS 193.130.
2. Otherwise, for a misdemeanor.
Sec. 72. NRS 205.377 is hereby amended to read as follows:
205.377 1. A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:
(a) The person knows to be false or omitted;
(b) The person intends another to rely on; and
(c) Results in a loss to any person who relied on the false representation or omission,
κ2019 Statutes of Nevada, Page 4435 (CHAPTER 633, AB 236)κ
Κ in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than [$650.] $1,200.
2. Each act which violates subsection 1 constitutes a separate offense.
3. A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $10,000.
4. In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.
5. A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
6. As used in this section, enterprise has the meaning ascribed to it in NRS 207.380.
Sec. 73. NRS 205.380 is hereby amended to read as follows:
205.380 1. A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his or her employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor fraudulently obtained was less than $1,200, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor fraudulently obtained was $1,200 or more but less than $5,000, for a category D felony as provided in NRS 193.130.
(c) If the value of the thing or labor fraudulently obtained was $5,000 or more but less than $25,000, for a category C felony as provided in NRS 193.130.
(d) If the value of the thing or labor fraudulently obtained was [$650] $25,000 or more [,] but less than $100,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [6] 10 years, [or] and by a fine of not more than $10,000 . [, or by both fine and imprisonment.]
(e) If the value of the thing or labor fraudulently obtained was $100,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
2. In addition to any other penalty [,] set forth in paragraph (b), (c), (d) or (e) of subsection 1, the court shall order the person to pay restitution.
[(b) If the value of the thing or labor fraudulently obtained was less than $650, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender payment for rent or labor.
2.] 3. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
κ2019 Statutes of Nevada, Page 4436 (CHAPTER 633, AB 236)κ
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
Κ stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
[3.] 4. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.
[4.] 5. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor fraudulently obtained was less than $1,200, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. If the value of the property, rent or labor fraudulently obtained was $1,200 or more but less than $5,000, as a category D felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. If the value of the property, rent or labor fraudulently obtained was $5,000 or more but less than $25,000, as a category C felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
4. If the value of the property, rent or labor fraudulently obtained was [$650] $25,000 or more [,] but less than $100,000, as a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [6] 10 years, [or] and by a fine of not more than $10,000 . [, or by both fine and imprisonment.
2.] 5. If the value of the property, rent or labor [so] fraudulently obtained was [less than $650, as a misdemeanor] $100,000 or more, as a category B felony by imprisonment in the [county jail] state prison for a minimum term of not [more] less than [6 months, or] 1 year and a maximum term of not more than 20 years, and by a fine of not more than [$1,000, or by both fine and imprisonment.]
κ2019 Statutes of Nevada, Page 4437 (CHAPTER 633, AB 236)κ
year and a maximum term of not more than 20 years, and by a fine of not more than [$1,000, or by both fine and imprisonment.] $15,000.
Sec. 74. NRS 205.415 is hereby amended to read as follows:
205.415 A person who sells one or more tickets to any ball, benefit or entertainment, or asks or receives any subscription or promise thereof, for the benefit or pretended benefit of any person, association or order, without being authorized thereto by the person, association or order for whose benefit or pretended benefit it is done, shall be punished:
1. Where the amount received from such sales, subscriptions or promises totals [$650] $1,200 or more, for a category [C] D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Otherwise, for a misdemeanor.
Sec. 75. NRS 205.445 is hereby amended to read as follows:
205.445 1. It is unlawful for a person:
(a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;
(b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or
(c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his or her baggage therefrom, without paying for the food or accommodations.
2. A person who violates any of the provisions of subsection 1 shall be punished:
(a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one establishment is [$650] $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(b) Otherwise, for a misdemeanor.
3. Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person gave in payment for the food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that the person absconded without paying or offering to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person surreptitiously removed or attempted to remove his or her baggage, is prima facie evidence of the fraudulent intent mentioned in this section.
κ2019 Statutes of Nevada, Page 4438 (CHAPTER 633, AB 236)κ
4. This section does not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.
Secs. 76-78. (Deleted by amendment.)
Sec. 79. NRS 205.520 is hereby amended to read as follows:
205.520 A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that the goods covered by the document of title have not been received by him or her, or are not under his or her control at the time the document is issued, shall be punished:
1. Where the value of the goods purported to be covered by the document of title is [$650] $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than [$650,] $1,200, for a misdemeanor.
Sec. 80. NRS 205.540 is hereby amended to read as follows:
205.540 Except as otherwise provided in chapter 104 of NRS, a bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a duplicate or additional negotiable document of title, knowing that a former negotiable document for the same goods or any part of them is outstanding and uncancelled, shall be punished:
1. Where the value of the goods purported to be covered by the document of title is [$650] $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than [$650,] $1,200, for a misdemeanor.
Sec. 81. NRS 205.570 is hereby amended to read as follows:
205.570 A person who, with the intent to defraud, obtains a negotiable document of title for goods to which the person does not have title, or which are subject to a security interest, and negotiates the document for value, without disclosing the want of title or the existence of the security interest, shall be punished:
1. Where the value of the goods purported to be covered by the document of title is [$650] $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than [$650,] $1,200, for a misdemeanor.
Sec. 82. NRS 205.580 is hereby amended to read as follows:
205.580 A person who, with the intent to defraud, secures the issue by a bailee of a negotiable document of title, knowing at the time of issue that any or all of the goods are not in possession of the bailee, by inducing the bailee to believe that the goods are in the bailees possession, shall be punished:
1. Where the value of the goods purported to be covered by the document of title is [$650] $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than [$650,] $1,200, for a misdemeanor.
Sec. 83. NRS 205.590 is hereby amended to read as follows:
205.590 A person who, with the intent to defraud, negotiates or transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee who issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, shall be punished:
κ2019 Statutes of Nevada, Page 4439 (CHAPTER 633, AB 236)κ
1. Where the value of the goods purported to be covered by the document of title is [$650] $1,200 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than [$650,] $1,200, for a misdemeanor.
Sec. 84. NRS 205.605 is hereby amended to read as follows:
205.605 1. A person shall not:
(a) Use a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card:
(1) Without the permission of the authorized user of the payment card; and
(2) With the intent to defraud the authorized user, the issuer of the payment card or any other person.
(b) Use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card:
(1) Without the permission of the authorized user of the card from which the information is being reencoded; and
(2) With the intent to defraud the authorized user, the issuer of the payment card or any other person.
2. A person who violates any provision of this section is guilty of a category [B] C felony and shall be punished [by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.] as provided in NRS 193.130.
3. In addition to any other penalty, the court shall order a person who violates any provision of this section to pay restitution, including, without limitation, any attorneys fees and costs incurred to:
(a) Repair the credit history or rating of each person who is a victim of the violation; and
(b) Satisfy a debt, lien or other obligation incurred by each person who is a victim of the violation.
Sec. 84.3. NRS 205.606 is hereby amended to read as follows:
205.606 1. A person shall not [possess] :
(a) Install or affix, temporarily or permanently, a scanning device within or upon a machine with the intent to use the scanning device for an unlawful purpose;
(b) Access, by electronic or any other means, a scanning device with the intent to use the scanning device for an unlawful purpose; or
(c) Possess a scanning device or reencoder with the intent to use the scanning device or reencoder for an unlawful purpose.
2. A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. As used in this section, machine means a machine used to conduct financial transactions, including, without limitation, an automated teller or fuel pump. As used in this subsection, automated teller means an electronic device that dispenses cash in connection with an account maintained in a financial institution or with another business.
κ2019 Statutes of Nevada, Page 4440 (CHAPTER 633, AB 236)κ
Sec. 84.5. NRS 205.607 is hereby amended to read as follows:
205.607 The provisions of NRS 205.601 to 205.608, inclusive, do not apply to any person who, without the intent to defraud or commit an unlawful act, installs, affixes, accesses, possesses or uses a scanning device or reencoder:
1. In the ordinary course of his or her business or employment; or
2. Pursuant to a financial transaction entered into with an authorized user of a payment card who has given permission for the financial transaction.
Sec. 84.7. NRS 205.940 is hereby amended to read as follows:
205.940 1. Any person who in renting or leasing any personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his or her name, residence, employment or operators license, is guilty of larceny and shall be punished as provided in NRS 205.2175 to [205.2707,] 205.2705, inclusive. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by the person in obtaining or retaining possession of the personal property is contrary to the fact.
2. Any person who, after renting or leasing any personal property under an agreement in writing which provides for the return of the personal property to a particular place at a particular time fails to return the personal property to such place within the time specified, and who, with the intent to defraud the lessor or to retain possession of such property without the lessors permission, thereafter fails to return such property to any place of business of the lessor within 72 hours after a written demand for the return of such property is made upon the person by registered mail addressed to his or her address as shown in the written agreement, or in the absence of such address, to his or her last known place of residence, is guilty of larceny and shall be punished as provided in NRS 205.2175 to [205.2707,] 205.2705, inclusive. The failure to return the personal property to the place specified in the agreement is prima facie evidence of an intent to defraud the lessor or to retain possession of such property without the lessors permission. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such demand was made that the person failed to return the personal property to any place of business of the lessor within 20 days after such demand.
Sec. 85. NRS 205.950 is hereby amended to read as follows:
205.950 1. It is unlawful for a person to receive an advance fee, salary, deposit or money to obtain a loan for another unless the person places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan.
2. Advance payments to cover reasonably estimated costs paid to third persons are excluded from the provisions of subsection 1 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.
κ2019 Statutes of Nevada, Page 4441 (CHAPTER 633, AB 236)κ
3. A person who violates the provisions of this section:
(a) Is guilty of a misdemeanor if the amount is less than [$650;] $1,200; or
(b) [Is guilty of a gross misdemeanor if the amount is $650 or more but less than $1,000; or
(c)] Is guilty of a category D felony if the amount is [$1,000] $1,200 or more and shall be punished as provided in NRS 193.130.
Sec. 85.5. NRS 205.980 is hereby amended to read as follows:
205.980 1. A person who is convicted of violating any provision of NRS 205.060 or 205.2175 to [205.2707,] 205.2705, inclusive, is civilly liable for the value of any property stolen and not recovered in its original condition. The value of the property must be determined by its retail value or fair market value at the time the crime was committed, whichever is greater.
2. A person who is convicted of any other crime involving damage to property is civilly liable for the amount of damage done to the property.
3. The prosecutor shall notify the victim concerning the disposition of the criminal charges against the defendant within 30 days after the disposition. The notice must be sent to the last known address of the victim.
4. An order of restitution signed by the judge in whose court the conviction was entered shall be deemed a judgment against the defendant for the purpose of collecting damages.
5. Nothing in this section prohibits a victim from recovering additional damages from the defendant.
Sec. 86. NRS 207.010 is hereby amended to read as follows:
207.010 1. Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this State of:
(a) Any felony, who has previously been [two] five times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years.
(b) Any felony, who has previously been [three] seven times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. Except as otherwise provided in this subsection, a previous or current conviction under paragraph (a), (b) or (c) of subsection 2 of NRS 453.336 or NRS 453.411 must not be used as the basis for a conviction pursuant to this section. If a person is convicted of violating NRS 453.336 by possessing any amount of flunitrazepam, gamma-hydroxybutyrate or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, his or her conviction may be used as the basis for a conviction pursuant to this section.
3. It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found.
κ2019 Statutes of Nevada, Page 4442 (CHAPTER 633, AB 236)κ
habitual criminality if an indictment is found. The trial judge may, at his or her discretion, dismiss a count under this section which is included in any indictment or information.
Sec. 87. NRS 207.012 is hereby amended to read as follows:
207.012 1. A person who:
(a) Has been convicted in this State of a felony listed in subsection 2; and
(b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,
Κ is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.4631, 200.464, 200.465, 200.467, 200.468, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, paragraph (b) of subsection 1 or subsection 2 of NRS 202.830, NRS 205.010, subsection [4] 5 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484C.130, 484C.430 or 484E.010.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
Sec. 88. NRS 207.203 is hereby amended to read as follows:
207.203 1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who commits a violation of NRS 207.200 by trespassing on the premises of a licensed gaming establishment and who has previously been convicted of three violations of NRS 201.354 within the immediately preceding 5 years is guilty of a misdemeanor and shall be punished by:
(a) A fine of $1,000;
(b) Imprisonment in the county jail for not more than 6 months; or
(c) Both fine and imprisonment.
Κ In lieu of all or a part of the punishment which may be imposed pursuant to this subsection, the person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.
2. The court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of [a] :
(a) A counseling or educational program ; or [, in]
κ2019 Statutes of Nevada, Page 4443 (CHAPTER 633, AB 236)κ
(b) In the case of a person dependent upon drugs, [of] a program of treatment and rehabilitation pursuant to [NRS 453.580.] section 20 of this act if the court determines that the person is eligible for participation in such a program.
3. Upon violation of a term or condition, the court may enter a judgment of conviction and punish the person as provided in subsection 1.
4. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her.
5. Except as otherwise provided in subsection 6, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the person for any purpose. Discharge and dismissal under this section may only occur once with respect to any person.
6. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.
7. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
8. As used in this section, licensed gaming establishment has the meaning ascribed to it in NRS 463.0169.
Sec. 88.5. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter, except vehicular manslaughter as described in NRS 484B.657;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnapping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
κ2019 Statutes of Nevada, Page 4444 (CHAPTER 633, AB 236)κ
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery, including, without limitation, forgery of a credit card or debit card in violation of NRS 205.740;
14. Obtaining and using personal identifying information of another person in violation of NRS 205.463;
15. Establishing or possessing a financial forgery laboratory in violation of NRS 205.46513;
16. Any violation of NRS 199.280 which is punished as a felony;
17. Burglary;
18. Grand larceny;
19. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
20. Battery with intent to commit a crime in violation of NRS 200.400;
21. Assault with a deadly weapon;
22. Any violation of NRS 453.232, 453.316 to [453.3395,] 453.339, inclusive, [except a violation of NRS 453.3393,] or NRS 453.375 to 453.401, inclusive;
23. Receiving or transferring a stolen vehicle;
24. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
25. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
26. Receiving, possessing or withholding stolen goods valued at $650 or more;
27. Embezzlement of money or property valued at $650 or more;
28. Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;
29. Perjury or subornation of perjury;
30. Offering false evidence;
31. Any violation of NRS 201.300, 201.320 or 201.360;
32. Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;
33. Any violation of NRS 205.506, 205.920 or 205.930;
34. Any violation of NRS 202.445 or 202.446;
35. Any violation of NRS 205.377;
36. Involuntary servitude in violation of any provision of NRS 200.463 or 200.464 or a violation of any provision of NRS 200.465; or
37. Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.
Sec. 89. NRS 209.1315 is hereby amended to read as follows:
209.1315 The Director may continue to develop and implement, in each institution and facility of the Department, a program of facility training for the correctional staff. Such training must include:
1. Training in evidence-based practices, including, without limitation, principles of effective intervention, effective case management and core correctional practices; and
2. Courses on interacting with victims of domestic violence and trauma and people with behavioral health needs and both physical and intellectual disabilities.
κ2019 Statutes of Nevada, Page 4445 (CHAPTER 633, AB 236)κ
Sec. 90. NRS 209.341 is hereby amended to read as follows:
209.341 1. The Director shall:
[1.] (a) Establish, with the approval of the Board, a system of initial classification and evaluation for offenders who are sentenced to imprisonment in the state prison . [; and
2.] (b) Assign every person who is sentenced to imprisonment in the state prison to an appropriate institution or facility of the Department. The assignment must be based on an evaluation of the offenders records, particular needs and requirements for custody.
(c) Administer a risk and needs assessment to each offender for the purpose of guiding institutional programming and placement. The Department may consider the responsivity factors of an offender when making decisions concerning such programming and placement.
2. Any risk and needs assessment used by the Department pursuant to this section must undergo a validation study not less than once every 3 years. The Department shall establish quality assurance procedures to ensure proper and consistent scoring of any risk and needs assessment used pursuant to this section.
3. As used in this section:
(a) Responsivity factors has the meaning ascribed to it in NRS 213.107.
(b) Risk and needs assessment has the meaning ascribed to it in NRS 213.107.
Sec. 91. NRS 209.3925 is hereby amended to read as follows:
209.3925 1. Except as otherwise provided in subsection 6, the Director may approve a medical release and 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 or her 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 the offender 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] 18 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 or nurses licensed pursuant to chapter 630 , 632 or 633 of NRS, as applicable, 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] 18 months.
2. A request for medical release pursuant to this section:
(a) May be submitted to the Director by:
(1) A prison official or employee;
(2) An offender;
(3) An attorney or representative of an offender;
(4) A family member of an offender; or
(5) A medical or mental health professional.
(b) Must be in writing and articulate the grounds supporting the appropriateness of the medical release of the offender.
κ2019 Statutes of Nevada, Page 4446 (CHAPTER 633, AB 236)κ
3. 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) The board of county commissioners of the county in which the offender will reside; and
(b) The Division of Parole and Probation.
[3.] 4. Except as otherwise provided in NRS 213.10915, if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, 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.
Κ If a current address has not been provided by a victim as required by subsection 4 of NRS 213.131, 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.] 5. 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 or her 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 the offender 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 the Director considers proper. The decision of the Director regarding such a forfeiture is final.
[5.] 6. 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 the offenders imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ 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.] 7. 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.] 8. 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.
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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.
[8.] 9. The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
Sec. 92. NRS 209.511 is hereby amended to read as follows:
209.511 1. Before an offender is released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may provide mediation services to the offender and the family members and friends of the offender who provide emotional, psychological and financial support to the offender.
2. Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.
3. [Except as otherwise provided in subsection 4, when] When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:
(a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the Director;
(b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;
(c) Shall require the offender to sign an acknowledgment of the notice required in paragraph (b);
(d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;
(e) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment, if the offender:
(1) Requests a photo identification card; [or]
(2) Requests such information and assistance and is eligible to acquire a valid drivers license or identification card from the Department of Motor Vehicles; or
(3) Is not currently in possession of a photo identification card;
(f) [May] Shall provide the offender with clothing suitable for reentering society;
(g) [May] Shall provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;
(h) [May, but is not required to,] If appropriate, shall release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS; [and]
(i) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus [.] ;
(j) If the offender is eligible for Medicaid or Medicare, shall complete enrollment application paperwork for the offender; and
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(k) If the offender was receiving a prescribed medication while in custody, shall ensure that the offender is provided with a 30-day supply of any such prescribed medication.
4. The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection 3 unless the photo identification card clearly indicates whether the Director [has] :
(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a drivers license or identification card [.] ; or
(b) Has not verified the full legal name and age of the offender pursuant to paragraph (a).
5. The costs authorized or required in paragraphs (a), (e), (f), (g) , [and] (i) and (k) of subsection 3 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.
6. The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.
7. As used in this section:
(a) Eligible offender means an offender who is:
(1) Determined to be eligible for reentry programming based on the Nevada Risk Assessment Services instrument, or its successor risk assessment tool; and
(2) Enrolled in:
(I) Programming services under a reentry program at a correctional facility which has staff designated to provide the services; or
(II) A community-based program to assist offenders to reenter the community.
(b) Facility for transitional living for released offenders has the meaning ascribed to it in NRS 449.0055.
(c) Photo identification card means a document which includes the name, date of birth and a color picture of the offender.
(d) Promising practice reentry program means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replication to support recognition as an evidence-based practice.
Sec. 93. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 93.3 and 93.7 of this act.
Sec. 93.3. 1. Notwithstanding any other provision of law, the Board may grant geriatric parole to a prisoner if he or she:
(a) Has not been convicted of:
(1) A crime of violence;
(2) A crime against a child as defined in NRS 179D.0357;
(3) A sexual offense as defined in NRS 179D.097;
(4) Vehicular homicide pursuant to NRS 484C.130; or
(5) A violation of NRS 484C.430;
(b) Has not been found to be a habitual criminal pursuant to NRS 207.010;
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(c) Is not serving a sentence of life imprisonment without the possibility of parole and has not been sentenced to death;
(d) Does not pose a significant and articulable risk to public safety; and
(e) Is 65 years of age or older and has served at least a majority of the maximum term or maximum aggregate term, as applicable, of his or her sentence.
2. Consideration for geriatric parole may be initiated by the submission of a written application and supporting documentation to the Board, including, without limitation, relevant medical records, plans for parole, program participation records, institutional records, documents concerning eligibility for Medicaid or Medicare and any other relevant documents, from:
(a) A prison official or employee;
(b) A prisoner;
(c) An attorney or representative of a prisoner;
(d) A family member of a prisoner; or
(e) A medical or mental health professional.
3. Not later than 15 days after receipt of an application submitted pursuant to subsection 2, the Board shall notify the Department of the application and request verification of the prisoners age and the length of time the prisoner has spent in the custody of the Department.
4. Upon receipt of a request from the Board submitted pursuant to subsection 3, if the Department determines that the prisoner:
(a) Meets the criteria set forth in subsection 1, the Department shall:
(1) Notify the Board of the prisoners eligibility for consideration of geriatric parole;
(2) Place the prisoner on the next available list of persons eligible for parole pursuant to NRS 209.254; and
(3) Provide to the Board a report prepared in accordance with paragraph (c) of subsection 1 of NRS 213.131.
(b) Does not meet the criteria set forth in subsection 1, the Department shall notify the Board and explain the reasons for such a determination.
5. Upon receipt of the list prepared pursuant to NRS 209.254, the Board shall, after sending copies of the list to all law enforcement agencies in this State and other appropriate persons in accordance with subsection 5 of NRS 213.1085, schedule a hearing to consider the geriatric parole of an eligible prisoner whose name appears on the list.
6. Except as otherwise provided in subsection 7, the Board shall schedule and conduct the geriatric parole hearing of a prisoner in the same general manner in which other prisoners are considered for parole. The Board shall notify the prisoner and the person submitting the application pursuant to subsection 2 of the date, time and location of the geriatric parole hearing.
7. When determining whether to grant geriatric parole to a prisoner, the Board must consider:
(a) The prisoners:
(1) Age;
(2) Behavior while in custody; and
(3) Potential for violence;
(b) The reported severity of any illness, disease or infirmity of the prisoner; and
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(c) Any available alternatives for maintaining geriatric inmates or inmates who have a medical condition in traditional settings.
8. The Board shall notify a prisoner of the Boards decision as to whether to grant geriatric parole in accordance with subsection 11 of NRS 213.131.
9. At the time of the release of a prisoner on geriatric parole, the Board shall prescribe the terms and conditions of the geriatric parole.
10. A person who is granted geriatric parole pursuant to this section is under the supervision of the Division. The Division is responsible for supervising the persons compliance with the terms and conditions prescribed by the Board.
11. Except as otherwise provided in this subsection, the Board shall not take any action on an application submitted pursuant to subsection 2 if the prisoner to whom the application pertains was previously denied geriatric parole and less than 24 months have elapsed since the most recent denial. The Board may take action on such an application if a shorter period has been prescribed by the Board or a request is made by the Director of the Department because of the adverse health of the prisoner.
12. The provisions of this section are not intended to replace the provisions relating to the general eligibility and consideration of parole provided in NRS 213.1099 and 213.1215.
13. The Board shall adopt any regulations necessary to carry out the provisions of this section.
14. As used in this section, Department means the Department of Corrections.
Sec. 93.7. 1. Notwithstanding any other provision of law, and except as otherwise provided in subsection 3, the Division shall recommend the early discharge of a person from parole to the Board if a parolee:
(a) Has served at least 12 calendar months on parole supervision in the community and is projected to have not more than 12 calendar months of community supervision remaining to serve on any sentence;
(b) Has not violated any condition of parole during the immediately preceding 12 months;
(c) Is current with any fee to defray the costs of his or her supervision charged by the Division pursuant to NRS 213.1076;
(d) Has paid restitution in full or, because of economic hardship that is verified by the Division, has been unable to make restitution as ordered by the court; and
(e) Has completed any program of substance use treatment or mental health treatment or a specialty court program as mandated by the Board.
2. The Board may award credits in an amount equal to the time remaining on any sentence to reduce the sentence to time served.
3. The provisions of this section do not apply to any person who is sentenced to lifetime supervision pursuant to NRS 176.0931.
4. The Board may adopt any regulations necessary to carry out the provisions of this section.
Sec. 94. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and sections 93.3 and 93.7 of this act, unless the context otherwise requires:
1. Board means the State Board of Parole Commissioners.
2. Chief means the Chief Parole and Probation Officer.
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3. Division means the Division of Parole and Probation of the Department of Public Safety.
4. Residential confinement means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.
5. Responsivity factors means characteristics of a person that affect his or her ability to respond favorably or unfavorably to any treatment goals.
6. Risk and needs assessment means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.
7. Sex offender means any person who has been or is convicted of a sexual offense.
[6.] 8. Sexual offense means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
[7.] 9. Standards means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec. 95. NRS 213.1078 is hereby amended to read as follows:
213.1078 1. Except as otherwise provided in [subsection 2,] subsections 3 and 5, the Division shall administer a risk and needs assessment to each probationer and parolee under the Divisions supervision. The results of the risk and needs assessment must be used to set a level of supervision for each probationer [. At] and parolee and to develop individualized case plans pursuant to subsection 6. The risk and needs assessment must be administered and scored by a person trained in the administration of the tool.
2. Except as otherwise provided in subsection 3, [least once every 6 months,] on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall [review the probationers level of supervision] administer a subsequent risk and needs assessment to each probationer. The results of the risk and needs assessment conducted in accordance with this section must be used to determine whether a change in the level of supervision is necessary. The Division shall [specify in each review] document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.
[2.] 3. The provisions of [subsection] subsections 1 and 2 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
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(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
[3.] 4. Except as otherwise provided in subsection [4,] 5, [at least once every 6 months,] on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall [review a parolees level of supervision] administer a subsequent risk and needs assessment to each parolee. The results of the risk and needs assessment conducted in accordance with this subsection must be used to determine whether a change in the level of supervision is necessary. The Division shall [specify in each review] document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the parolee of the change.
[4.] 5. The provisions of [subsection 3] subsections 1 and 4 are not applicable if the level of supervision for the parolee is set by the Board or by law.
6. The Division shall develop an individualized case plan for each probationer and parolee. The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that will need to be considered and addressed for each probationer or parolee.
7. Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2, the supervising officer shall seek a modification of the terms and conditions from the court pursuant to subsection 1 of NRS 176A.450.
8. Upon a finding that a condition of parole or the level of parole supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 4, the supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board. The Division shall provide written notification to the parolee of any modification.
9. The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment. The Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.
Sec. 96. NRS 213.1095 is hereby amended to read as follows:
213.1095 The Chief Parole and Probation Officer:
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the Division.
2. May establish, consolidate and abolish sections within the Division.
3. May establish, consolidate and abolish districts within the State to which assistant parole and probation officers are assigned.
4. Shall appoint the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the Division.
5. Is responsible for such reports of investigation and supervision and other reports as may be requested by the Board or courts.
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6. Shall direct the work of all assistants and employees assigned to him or her.
7. Shall formulate methods of investigation, supervision, recordkeeping and reporting.
8. Shall develop policies of parole and probation after considering other acceptable and recognized correctional programs and conduct training courses for the staff. Such training courses must include:
(a) Training in evidence-based practices, including, without limitation, principles of effective intervention, effective case management and effective practices in community supervision settings; and
(b) Courses on interacting with victims of domestic violence and trauma and people with behavioral health needs and both physical and intellectual disabilities.
9. Shall furnish to each person released under his or her supervision a written statement of the conditions of parole or probation, instruct any parolee or probationer regarding those conditions, and advise the Board or the court of any violation of the conditions of parole and probation.
10. At the close of each biennium, shall submit to the Governor and the Board a report, with statistical and other data, of his or her work.
Sec. 97. NRS 213.1215 is hereby amended to read as follows:
213.1215 1. Except as otherwise provided in this section and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:
(a) Has not been released on parole previously for that sentence; and
(b) Is not otherwise ineligible for parole,
Κ the prisoner must be released on parole 12 months before the end of his or her maximum term or maximum aggregate term, as applicable, as reduced by any credits the prisoner has earned to reduce his or her sentence pursuant to chapter 209 of NRS.
2. Except as otherwise provided in this section, a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time that the prisoner committed the offense for which the prisoner was imprisoned must, if the prisoner still has a consecutive sentence to be served, be granted parole from his or her current term of imprisonment to his or her subsequent term of imprisonment or must, if the prisoner does not still have a consecutive sentence to be served, be released on parole, if:
(a) The prisoner has served the minimum term or the minimum aggregate term of imprisonment imposed by the court, as applicable;
(b) The prisoner has completed a program of general education or an industrial or vocational training program;
(c) The prisoner has not been identified as a member of a group that poses a security threat pursuant to the procedures for identifying security threats established by the Department of Corrections; and
(d) The prisoner has not, within the immediately preceding 24 months:
(1) Committed a major violation of the regulations of the Department of Corrections; or
(2) Been housed in disciplinary segregation.
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3. If a prisoner who meets the criteria set forth in subsection 2 is determined to be a high risk to reoffend in a sexual manner pursuant to NRS 213.1214, the Board is not required to release the prisoner on parole pursuant to this section. If the prisoner is not granted parole, a rehearing date must be scheduled pursuant to NRS 213.142.
4. The Board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his or her release.
5. Each parolee so released must be supervised closely by the Division, in accordance with the plan for supervision developed by the Chief pursuant to NRS 213.122.
6. If a prisoner meets the criteria set forth in subsection 1 and there are no current requests for notification of hearings made in accordance with subsection 4 of NRS 213.131 or, if the Board is not required to provide notification of hearings pursuant to NRS 213.10915, the Board has not been notified by the automated victim notification system that a victim of the prisoner has registered with the system to receive notification of hearings, the Board may grant parole to the prisoner without a meeting. If the Board finds that there is a reasonable probability that a prisoner considered for release on parole pursuant to subsection 1 will be a danger to public safety while on parole, the Board may require the prisoner to serve the balance of his or her sentence and not grant the parole. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 1, the Board shall provide to the prisoner a written statement of its reasons for denying parole.
7. If the Board finds that there is a reasonable probability that a prisoner considered for release on parole pursuant to subsection 2 will be a danger to public safety while on parole, the Board is not required to grant the parole and shall schedule a rehearing pursuant to NRS 213.142. Except as otherwise provided in subsection 3 of NRS 213.1519, if a prisoner is not granted parole pursuant to this subsection, the criteria set forth in subsection 2 must be applied at each subsequent hearing until the prisoner is granted parole or expires his or her sentence. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 2, the Board shall provide to the prisoner a written statement of its reasons for denying parole, along with specific recommendations of the Board, if any, to improve the possibility of granting parole the next time the prisoner may be considered for parole.
8. If the prisoner is the subject of a lawful request from another law enforcement agency that the prisoner be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.
9. If the Division has not completed its establishment of a program for the prisoners activities during his or her parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoners program is established.
10. For the purposes of this section, the determination of the 12-month period before the end of a prisoners term must be calculated without consideration of any credits the prisoner may have earned to reduce his or her sentence had the prisoner not been paroled.
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Sec. 98. NRS 213.131 is hereby amended to read as follows:
213.131 1. The Department of Corrections shall:
(a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;
(b) Notify the Board of the eligibility of the prisoner to be considered for parole; and
(c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.
2. If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, photograph includes any video, digital or other photographic image.
3. Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.
4. Except as otherwise provided in NRS 213.10915, not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of the victims rights pursuant to this subsection, if the victim has requested notification in writing and has provided his or her current address or if the victims current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his or her rights pursuant to this subsection and the victim is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.
5. The Board may deliberate in private after a public meeting held to consider a prisoner for parole.
6. The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the State Board of Parole Commissioners.
7. Except as otherwise provided in NRS 213.10915, if a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.
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8. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.
9. The Board may grant parole without a meeting, pursuant to NRS 213.1215 or 213.133, but the Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.
10. During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:
(a) At his or her own expense, to have a representative present with whom the prisoner may confer; and
(b) To speak on his or her own behalf or to have his or her representative speak on his or her behalf.
11. Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.
12. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
Sec. 99. NRS 213.133 is hereby amended to read as follows:
213.133 1. Except as otherwise provided in subsections 6, 7 and 8, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of:
(a) Two or more members of the Board, two of whom constitute a quorum; or
(b) One member of the Board who is assisted by a case hearing representative.
2. No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.
3. The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the Board. Such action may be taken at a meeting of the Board or without a meeting by the delivery of written approval to the Executive Secretary of the Board.
4. The degree of complexity of issues presented must be taken into account before the Board makes any delegation of its authority and before it determines the extent of a delegation.
5. The Board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.
6. A hearing concerning the parole of a prisoner or any decision on an issue involving a person:
(a) Who committed a capital offense;
(b) Who is serving a sentence of imprisonment for life;
(c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;
(d) Who is a habitual criminal; or
κ2019 Statutes of Nevada, Page 4457 (CHAPTER 633, AB 236)κ
(e) Whose sentence has been commuted by the State Board of Pardons Commissioners,
Κ must be conducted by at least three members of the Board, and action may be taken only with the concurrence of at least four members.
7. If a recommendation made by a panel deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division, the Chair must concur in the recommendation.
8. [A] In accordance with any regulations adopted by the Board, a member of the Board or a person who has been designated as a case hearing representative in accordance with NRS 213.135 [may] shall review the parole eligibility of a prisoner and recommend to the Board that a prisoner be released on parole without a meeting if:
(a) The prisoner is not serving a sentence for a crime described in subsection 6;
(b) The parole standards created pursuant to NRS 213.10885 suggest that parole should be granted;
(c) There are no current requests for notification of hearings made in accordance with subsection 4 of NRS 213.131 or, if the Board is not required to provide notification of hearings pursuant to NRS 213.10915, the Board has not been notified by the automated victim notification system that a victim of the prisoner has registered with the system to receive notification of hearings; and
(d) Notice to law enforcement of the eligibility for parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and no person objected to granting parole without a meeting during the 30-day notice period.
9. If a member of the Board or a person who has been designated as a case hearing representative in accordance with NRS 213.135 does not recommend that a prisoner be released on parole without a meeting pursuant to subsection 8, the prisoner must have a parole hearing.
10. A recommendation made in accordance with subsection 8 is subject to final approval by the affirmative action of a majority of the members appointed to the Board. The final approval by affirmative action must not take place until the expiration of the 30-day notice period to law enforcement of the eligibility for parole of the prisoner in accordance with subsection 5 of NRS 213.1085. Such action may be taken at a meeting of the Board or without a meeting of the Board by delivery of written approval to the Executive Secretary of the Board by a majority of the members.
Sec. 100. NRS 213.140 is hereby amended to read as follows:
213.140 1. When a prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the Board shall consider and may authorize the release of the prisoner on parole as provided in this chapter. The Board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.
2. Not later than 6 months before the date a prisoner becomes eligible for parole, the Department of Corrections and the prisoner shall develop a reentry plan for the prisoner that takes into consideration the needs, limitations and capabilities of the prisoner. The Division shall review the reentry plan and verify the information contained therein and shall coordinate with any other state agencies for available services regarding housing or treatment. Before the prisoners parole eligibility date, the Department of Corrections shall provide a copy of the reentry plan to the prisoner.
κ2019 Statutes of Nevada, Page 4458 (CHAPTER 633, AB 236)κ
Department of Corrections shall provide a copy of the reentry plan to the prisoner. A reentry plan developed pursuant to this subsection must include, without limitation, information relating to:
(a) The proposed residence of the prisoner;
(b) The prisoners employment or means of financial support;
(c) Any treatment and counseling options available to the prisoner, including, without limitation, any clinical assessments relating to the behavioral health needs of the prisoner;
(d) Any job or education services available to the prisoner; and
(e) Eligibility and enrollment for Medicaid and Medicare.
3. If the release of a prisoner on parole is authorized by the Board, the Division shall:
(a) Review and, if appropriate, approve each prisoners proposed reentry plan [for placement upon release;] developed pursuant to subsection 2; or
(b) If the prisoners proposed reentry plan is not approved by the Division, assist the prisoner to develop a plan for his or her placement upon release,
Κ before the prisoner is released on parole. The prisoners proposed reentry plan must identify the county in which the prisoner will reside if the prisoner will be paroled in Nevada.
[3.] 4. If a prisoner is indigent and the prisoners proposed reentry plan [for placement upon release] indicates that the prisoner will reside in transitional housing upon release, the Division may, within the limits of available resources, pay for all or a portion of the cost of the transitional housing for the prisoner based upon the prisoners economic need, as determined by the Division. The Division shall make such payment directly to the provider of the transitional housing.
[4.] 5. The Board may adopt any regulations necessary or convenient to carry out this section.
Sec. 101. NRS 213.1519 is hereby amended to read as follows:
213.1519 1. Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for the commission of a [violation of any rule or regulation governing his or her conduct:] new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the parolee is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or for absconding:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and
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(b) Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.
Κ The Board may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to subsection 1 of NRS 213.1215 whose parole is revoked for having been convicted of a new felony:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence; and
(c) May not again be released on parole during his or her term of imprisonment.
3. A parolee released on parole pursuant to subsection 2 of NRS 213.1215 whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board; and
(c) Must not be considered again for release on parole pursuant to subsection 2 of NRS 213.1215 but may be considered for release on parole pursuant to NRS 213.1099, with rehearing dates scheduled pursuant to NRS 213.142.
Κ The Board may restore any credits forfeited under this subsection.
4. If the Board finds that the parolee committed one or more technical violations of the conditions of parole, the Board may:
(a) Continue parole supervision;
(b) Temporarily revoke parole supervision and impose a term of imprisonment of not more than:
(1) Thirty days for the first temporary parole revocation;
(2) Ninety days for the second temporary parole revocation; or
(3) One hundred and eighty days for the third temporary parole revocation; or
(c) Fully revoke parole supervision and impose the remainder of the sentence for a fourth or subsequent revocation.
5. As used in this section:
(a) Absconding has the meaning ascribed to it in NRS 176A.630.
(b) Technical violation means any alleged violation of the conditions of parole that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
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(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the parolee is being supervised.
Κ The term does not include termination from a specialty court program.
Sec. 102. NRS 217.070 is hereby amended to read as follows:
217.070 1. Victim means [:] a person who suffers direct or threatened physical, financial or psychological harm as a result of the commission of a crime, including, without limitation:
(a) A person who is physically injured or killed as the direct result of a criminal act;
(b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;
(c) A minor who was sexually abused, as sexual abuse is defined in NRS 432B.100;
(d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;
(e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;
(f) An older person or a vulnerable person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;
(g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1); [or]
(h) A person who is trafficked in violation of subsection 2 of NRS 201.300 [.] ; or
(i) A person who is an immediate family member of a victim who:
(1) Is a minor;
(2) Is physically or mentally incompetent; or
(3) Was killed.
2. The term includes any person who was harmed by an act listed in subsection 1, regardless of whether:
(a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or
(b) The act was committed by an adult or a minor.
Sec. 102.5. (Deleted by amendment.)
Sec. 103. Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 104 and 105 of this act.
Sec. 104. 1. The Commission shall, subject to the availability of funds appropriated for such a purpose, develop and implement a behavioral health field response grant program for the purpose of allowing law enforcement and behavioral health professionals to safely respond to crises, including, without limitation, by telephone or video, involving persons with behavioral health issues.
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crises, including, without limitation, by telephone or video, involving persons with behavioral health issues. The Commission may use a portion of the appropriated funds to develop data management capability to support the program.
2. A local law enforcement agency may submit a grant application to the Commission that contains the agencys proposal to develop its behavioral health field response by incorporating behavioral health professionals into its behavioral health field response planning, or two or more local law enforcement agencies may submit a joint grant application that contains their joint proposal. Any proposal submitted by a law enforcement agency must provide a plan for improving behavioral health field response and diversion from incarceration through modifying or expanding law enforcement practices in partnership with behavioral health professionals. The Commission may prioritize grant applications that include total matching funds.
3. The Commission shall appoint a peer review panel to review, in consultation with behavioral health organizations and the Department of Health and Human Services the grant applications submitted by local law enforcement agencies and select the grant recipients. To the extent possible, at least one grant recipient must be from a rural county. To avoid any conflict of interest, any law enforcement agency that is included in a proposal shall recuse itself from voting on the peer review panel.
4. If the Commission certifies that the grant application of a selected recipient satisfies the proposal criteria, the Commission shall distribute grant funds to the selected recipient. The Commission shall make every effort to fund at least three grants each fiscal year. Grant recipients must be selected and receive grant funds not later than October 1 of each year the behavioral health field response grant program is funded.
5. A grant recipient must provide for at least one behavioral health professional who will perform professional services under its plan. Such a behavioral health professional may assist patrolling officers in the field or in an on-call capacity, provide preventive, follow-up training on behavioral health field response best practices or provide other services at the direction of the grant recipient. A grant recipient may coordinate with local public safety answering points to maximize the goals of its plan.
6. Using existing resources, the Commission shall:
(a) Consult with the staff of the Office of Analytics of the Department of Health and Human Services to establish data collection and reporting guidelines for grant recipients for the purpose of studying and evaluating whether the use of behavioral health field response programs improves the outcomes of interactions with persons experiencing behavioral health crises, including, without limitation, by reducing rates of violence, arrests and jail or emergency room usage.
(b) Consult with the Department of Health and Human Services to develop requirements for participating behavioral health professionals.
(c) Coordinate with the Department of Health and Human Services, the Division of Public and Behavioral Health of the Department of Health and Human Services and public safety answering points to develop and incorporate telephone or dispatch protocols to assist with behavioral health, law enforcement and emergency medical responses involving behavioral health situations.
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7. On or before December 1 of each year the behavioral health field response grant program is funded, the Commission shall submit to the Governor, the Chair of the Senate Standing Committee on Judiciary and the Chair of the Assembly Standing Committee on Judiciary a report concerning the program which must include, without limitation:
(a) Information on and feedback from grant recipients; and
(b) Information on the use of grant funds and the participation of behavioral health professionals.
8. A grant recipient shall develop and provide or arrange joint training necessary for both law enforcement and behavioral health professionals to operate successfully and competently in partnership with law enforcement agencies. The training must provide such professionals with working knowledge of law enforcement procedures and tools sufficient to provide for the safety of such professionals.
9. Nothing in this section prohibits the Commission from soliciting or accepting private funds to support the behavioral health field response grant program.
Sec. 105. 1. Each law enforcement agency in this State shall:
(a) Establish a policy and procedure for interacting with persons who suffer from a behavioral health issue, including, without limitation, a mental illness as defined in NRS 176A.045, an acute mental health crisis, a developmental disability or an intellectual disability as those terms are defined in NRS 435.007 or a substance use disorder; and
(b) Subject to the availability of funds appropriated for such a purpose, contract with or employ a behavioral health specialist.
2. As used in this section, behavioral health specialist means a physician who is certified by the Board of Medical Examiners, a psychologist, a physician assistant or an advanced practice registered nurse who is certified to practice as a behavioral health specialist, or a person who is licensed as a clinical social worker, clinical professional counselor or marriage and family therapist.
Sec. 106. NRS 289.450 is hereby amended to read as follows:
289.450 As used in NRS 289.450 to 289.650, inclusive, and sections 104 and 105 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.
Sec. 107. NRS 289.510 is hereby amended to read as follows:
289.510 1. The Commission:
(a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:
(1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;
(2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;
(3) Qualifications for instructors of peace officers; and
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(4) Requirements for the certification of a course of training.
(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.
(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.650, inclusive [.] , and sections 104 and 105 of this act.
(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.
(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.
2. Regulations adopted by the Commission:
(a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;
(c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons; and
(d) May require that training be carried on at institutions which it approves in those regulations.
Sec. 108. NRS 289.650 is hereby amended to read as follows:
289.650 1. The Commission shall:
(a) Establish by regulation the minimum standards of a voluntary program for the training of law enforcement dispatchers. Such standards must include training relating to behavioral health crisis intervention as described in NRS 289.510.
(b) Certify qualified instructors for approved courses of training for law enforcement dispatchers and issue appropriate certificates to instructors who become certified.
(c) Issue appropriate certificates to law enforcement dispatchers who have satisfactorily completed the voluntary program.
2. As used in this section, law enforcement dispatcher means a person who is employed by a law enforcement agency or regional telecommunication center and who promotes public safety by:
(a) Receiving calls for service related to crimes, traffic incidents, public safety and any other related calls for assistance; and
(b) Providing immediate and critical communication between the public and law enforcement agencies.
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Sec. 109. NRS 433.254 is hereby amended to read as follows:
433.254 1. The Administrator serves at the pleasure of the Director of the Department and shall:
(a) Serve as the Executive Officer of the Division;
(b) Administer the Division in accordance with the policies established by the Commission;
(c) Make an annual report to the Director of the Department on the condition and operation of the Division, and such other reports as the Director may prescribe; and
(d) Employ, within the limits of available money, the assistants and employees necessary to the efficient operation of the Division.
2. The Administrator may:
(a) Appoint the administrative personnel necessary to operate the programs of the Division.
(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of the facilities of the Division.
3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
[4. The Administrator may accept persons referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.]
Sec. 110. NRS 433B.130 is hereby amended to read as follows:
433B.130 1. The Administrator shall:
(a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.
(b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.
2. The Administrator may:
(a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.
(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.
3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
4. [The Administrator may accept children referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
5.] The Administrator may enter into agreements with the Administrator of the Division of Public and Behavioral Health of the Department or with the Administrator of the Aging and Disability Services Division of the Department for the care and treatment of consumers of the Division of Child and Family Services at any facility operated by the Division of Public and Behavioral Health or the Aging and Disability Services Division, as applicable.
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Sec. 110.5. NRS 439.258 is hereby amended to read as follows:
439.258 1. The Division shall evaluate, certify and monitor programs for the treatment of persons who commit domestic violence in accordance with the regulations adopted pursuant to subsection 2.
2. The Division shall adopt regulations governing the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence.
3. The regulations adopted pursuant to subsection 2 must include, without limitation, provisions [allowing] :
(a) Requiring that a program:
(1) Include a module specific to victim safety; and
(2) Be based on:
(I) Evidence-based practices; and
(II) The assessment of a program participant by a supervisor of treatment or provider of treatment; and
(b) Allowing a program that is located in another state to become certified in this State to provide treatment to persons who:
[(a)] (1) Reside in this State; and
[(b)] (2) Are ordered by a court in this State to participate in a program for the treatment of persons who commit domestic violence.
Sec. 111. NRS 453.316 is hereby amended to read as follows:
453.316 1. A person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category [B] C felony and shall be punished [by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000, except as otherwise provided in subsection 2.] as provided in NRS 193.130.
2. If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, the person has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [2 years] 1 year and a maximum term of not more than [10] 6 years, and may be further punished by a fine of not more than [$20,000. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section if the person has been previously convicted under this section or of any other offense described in this subsection.] $10,000.
3. This section does not apply to any rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department.
Sec. 112. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:
(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;
(b) Manufacture or compound a counterfeit substance; or
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
κ2019 Statutes of Nevada, Page 4466 (CHAPTER 633, AB 236)κ
2. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person [is guilty of a category B felony and] shall be punished:
(a) For the first offense, [by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.] for a category C felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
3. [The] Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.
4. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:
(a) For the first offense, for a category [C] D felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category [B] C felony [by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.] as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than [3] 2 years and a maximum term of not more than [15] 10 years, and may be further punished by a fine of not more than [$20,000] $15,000 for each offense.
5. [The] Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.
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the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.
Sec. 112.2. NRS 453.322 is hereby amended to read as follows:
453.322 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:
(a) Manufacture or compound a controlled substance other than marijuana.
(b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:
(1) Any chemical identified in subsection 4; or
(2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.
Κ The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
2. Unless a greater penalty is provided in NRS 453.3385 , [or 453.3395,] a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.
3. The court shall not grant probation to a person convicted pursuant to this section.
4. The following chemicals are identified for the purposes of subsection 1:
(a) Acetic anhydride.
(b) Acetone.
(c) N-Acetylanthranilic acid, its esters and its salts.
(d) Anthranilic acid, its esters and its salts.
(e) Benzaldehyde, its salts, isomers and salts of isomers.
(f) Benzyl chloride.
(g) Benzyl cyanide.
(h) 1,4-Butanediol.
(i) 2-Butanone (or methyl ethyl ketone or MEK).
(j) Ephedrine, its salts, isomers and salts of isomers.
(k) Ergonovine and its salts.
(l) Ergotamine and its salts.
(m) Ethylamine, its salts, isomers and salts of isomers.
(n) Ethyl ether.
(o) Gamma butyrolactone.
(p) Hydriodic acid, its salts, isomers and salts of isomers.
(q) Hydrochloric gas.
(r) Iodine.
(s) Isosafrole, its salts, isomers and salts of isomers.
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(t) Lithium metal.
(u) Methylamine, its salts, isomers and salts of isomers.
(v) 3,4-Methylenedioxy-phenyl-2-propanone.
(w) N-Methylephedrine, its salts, isomers and salts of isomers.
(x) Methyl isobutyl ketone (MIBK).
(y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.
(z) Nitroethane, its salts, isomers and salts of isomers.
(aa) Norpseudoephedrine, its salts, isomers and salts of isomers.
(bb) Phenylacetic acid, its esters and its salts.
(cc) Phenylpropanolamine, its salts, isomers and salts of isomers.
(dd) Piperidine and its salts.
(ee) Piperonal, its salts, isomers and salts of isomers.
(ff) Potassium permanganate.
(gg) Propionic anhydride, its salts, isomers and salts of isomers.
(hh) Pseudoephedrine, its salts, isomers and salts of isomers.
(ii) Red phosphorous.
(jj) Safrole, its salts, isomers and salts of isomers.
(kk) Sodium metal.
(ll) Sulfuric acid.
(mm) Toluene.
Sec. 112.4. NRS 453.333 is hereby amended to read as follows:
453.333 If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder. If convicted of murder in the second degree, the person is guilty of a category A felony and shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385 [,] or 453.339 [or 453.3395] or a law of any other jurisdiction which prohibits the same conduct.
Sec. 112.6. NRS 453.3351 is hereby amended to read as follows:
453.3351 1. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322 [,] or 453.3385 [or 453.3395] where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:
(a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths; or
(b) In a manner which creates a great risk of death or substantial bodily harm to another person,
Κ shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
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2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) Playground has the meaning ascribed to it in NRS 453.3345.
(b) Recreational center for youths has the meaning ascribed to it in NRS 453.3345.
(c) Residence means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.
Sec. 112.8. NRS 453.3353 is hereby amended to read as follows:
453.3353 1. Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:
(a) A person violates NRS 453.322 [,] or 453.3385 , [or 453.3395,] and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,
Κ the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.
2. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:
(a) A person violates NRS 453.322 [,] or 453.3385 , [or 453.3395,] and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,
Κ the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
4. As used in this section:
(a) Marijuana does not include concentrated cannabis.
(b) Premises means:
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(1) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or
(2) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,
Κ whether located aboveground or underground and whether inhabited or not.
Sec. 113. NRS 453.336 is hereby amended to read as follows:
453.336 1. Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.
2. Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 [,] or 453.339 , [or 453.3395,] a person who violates this section [shall be punished:] :
(a) For [the] a first or second offense, if the controlled substance is listed in schedule I [,] or II [,] and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III , [or] IV [,] or V and the quantity possessed is less than 28 grams, is guilty of possession of a controlled substance and shall be punished for a category E felony as provided in NRS 193.130. In accordance with section 19 of this act, the court shall defer judgment upon the consent of the person.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I [,] or II [,] and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III , [or] IV [,] or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) [For the first offense, if] If the controlled substance is listed in schedule [V,] I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category [E] C felony as provided in NRS 193.130.
(d) [For a second or subsequent offense, if] If the controlled substance is listed in schedule [V,] I or II and the quantity possessed is 28 grams or more, but less than 42 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level possession of a controlled substance and shall be punished for a category [D] B felony [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not more than $50,000.
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(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $50,000.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:
(a) For the first offense, is guilty of a misdemeanor and shall be:
(1) Punished by a fine of not more than $600; or
(2) [Examined by a treatment provider approved by the court to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned] Assigned to a program of treatment and rehabilitation pursuant to [NRS 453.580. As used in this subparagraph, treatment provider has the meaning ascribed to it in NRS 458.010.] section 20 of this act if the court determines that the person is eligible to participate in such a program.
(b) For the second offense, is guilty of a misdemeanor and shall be:
(1) Punished by a fine of not more than $1,000; or
(2) Assigned to a program of treatment and rehabilitation pursuant to [NRS 453.580.] section 20 of this act if the court determines that the person is eligible to participate in such a program.
(c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.
(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
5. It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
6. The court may grant probation to or suspend the sentence of a person convicted of violating this section.
7. As used in this section:
(a) Controlled substance includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
(b) Marijuana does not include concentrated cannabis.
(c) Sterile hypodermic device program has the meaning ascribed to it in NRS 439.986.
Sec. 114. NRS 453.3361 is hereby amended to read as follows:
453.3361 1. A local authority may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.
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money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.
2. Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:
(a) Nonprofit programs for the treatment of [abuse] use of alcohol or drugs that are certified by the Division of Public and Behavioral Health of the Department;
(b) A program of treatment and rehabilitation established by a court pursuant to [NRS 453.580,] section 20 of this act, if any; and
(c) Local law enforcement agencies,
Κ in a manner determined by the court.
3. As used in this section, local authority means the governing board of a county, city or other political subdivision having authority to enact ordinances.
Sec. 115. NRS 453.3363 is hereby amended to read as follows:
453.3363 1. If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge pursuant to subparagraph (1) of paragraph (a) of subsection 2 of NRS 453.3325, subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty or guilty but mentally ill of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of [an] :
(a) An educational program ; or [, in]
(b) In the case of a person dependent upon drugs, [of] a program of treatment and rehabilitation pursuant to [NRS 453.580.] section 20 of this act if the court determines that the person is eligible for participation in such a program.
2. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the Department of Corrections.
3. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her. A nonpublic record of the dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.
4. Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information.
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The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the person for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.
5. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.
Sec. 116. NRS 453.337 is hereby amended to read as follows:
453.337 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.
2. Unless a greater penalty is provided in NRS 453.3385 [,] or 453.339 , [or 453.3395,] a person who violates this section shall be punished:
(a) For the first offense, for a category D felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
3. [The] Except as otherwise provided in this subsection, unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section, even if mitigating circumstances exist that would otherwise warrant the granting of probation, if the person violated this section by possessing flunitrazepam, gamma-hydroxybutyrate or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
Sec. 117. NRS 453.338 is hereby amended to read as follows:
453.338 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.
2. A person who violates this section shall be punished:
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(a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.
(b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
3. [The] Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2.
Sec. 117.5. NRS 453.3383 is hereby amended to read as follows:
453.3383 For the purposes of NRS 453.3385 [,] and 453.339 , [and 453.3395,] the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.
Sec. 118. (Deleted by amendment.)
Sec. 119. NRS 453.3385 is hereby amended to read as follows:
453.3385 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I [,] or II, except marijuana, or any mixture which contains any such controlled substance, [shall be punished,] unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
(a) Is [4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.
(b) Is 14] 100 grams or more, but less than [28] 400 grams, is guilty of low-level trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than [15] 20 years and by a fine of not more than $100,000.
[(c)] (b) Is [28] 400 grams or more, is guilty of high-level trafficking and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
Κ and by a fine of not more than $500,000.
2. As used in this section, marijuana does not include concentrated cannabis.
Secs. 120 and 121. (Deleted by amendment.)
Sec. 122. NRS 453.3405 is hereby amended to read as follows:
453.3405 1. Except as otherwise provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385 [,] or 453.339 [or 453.3395] must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
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trafficking in a controlled substance in violation of NRS 453.3385 [,] or 453.339 [or 453.3395] must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
2. The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385 [,] or 453.339 [or 453.3395] if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
3. Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:
(a) The courts evaluation of the significance and usefulness of the convicted persons assistance, taking into consideration the prosecuting attorneys evaluation of the assistance rendered;
(b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;
(c) The nature and extent of the convicted persons assistance;
(d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and
(e) The timeliness of the convicted persons assistance.
Sec. 122.5. NRS 453.411 is hereby amended to read as follows:
453.411 1. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription.
2. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department, or a hospital certified by the Department.
3. Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished [:
(a) If the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) If the controlled substance is listed in schedule V,] for a [gross] misdemeanor . [by imprisonment in the county jail for not more than 364 days, and may be further punished by a fine of not more than $1,000.]
Sec. 123. NRS 453.5531 is hereby amended to read as follows:
453.5531 1. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.
(b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.
(c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.
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2. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount [:
(a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.
(b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.
(c) Not] not to exceed $1,000,000, if the quantity involved is [28] 100 grams or more.
3. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount [:
(a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.
(b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.
(c) Not] not to exceed $1,000,000, if the quantity involved is 400 grams or more.
4. Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.
5. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.324, 453.354, 453.355 or 453.357, to a civil penalty in an amount not to exceed $250,000 for each violation.
6. As used in this section, marijuana does not include concentrated cannabis.
Sec. 124. NRS 453.700 is hereby amended to read as follows:
453.700 1. Any person who believes himself or herself to be a narcotic addict may make application to the Division of Public and Behavioral Health of the Department for voluntary submission to treatment maintained under the provisions of NRS 453.660 . [or NRS 458.290 to 458.350, inclusive.]
2. The Division of Public and Behavioral Health shall adopt regulations relating to the requirements for voluntary submission under this section.
Sec. 124.5. NRS 453C.150 is hereby amended to read as follows:
453C.150 1. Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:
(a) Except as otherwise provided in subsection 4, a provision of chapter 453 of NRS relating to:
(1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive;
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(2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393 [, 453.3395] or 453.3405; or
(3) Use of a controlled substance, including, without limitation, NRS 453.336;
(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;
(c) A restraining order; or
(d) A condition of the persons parole or probation,
Κ if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.
2. A court, before sentencing a person who has been convicted of a violation of chapter 453 of NRS for which immunity is not provided by this section, shall consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance for a person who was experiencing a drug or alcohol overdose or other life-threatening emergency in connection with the events that constituted the violation.
3. For the purposes of this section, a person seeks medical assistance if the person:
(a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;
(b) Assists another person making such a report;
(c) Provides care to a person who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance; or
(d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.
4. The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.
5. As used in this section, drug or alcohol overdose means a condition, including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma, mania or death which is caused by the consumption or use of a controlled substance or alcohol, or another substance with which a controlled substance or alcohol was combined, or that an ordinary layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.
Sec. 125. NRS 465.088 is hereby amended to read as follows:
465.088 1. A person who violates any provision of NRS 465.070 to 465.086, inclusive : [, is guilty of a category B felony and shall be punished:]
(a) For the first offense, [by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(b) For a second or subsequent violation of any of these provisions, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000.
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of not more than 6 years, and may be further punished by a fine of not more than $10,000. [The court shall not suspend a sentence of imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.]
2. A person who attempts, or two or more persons who conspire, to violate any provision of NRS 465.070 to 465.086, inclusive, each is guilty of a category [B] C felony and shall be punished by imposing the penalty provided in subsection 1 for the completed crime, whether or not he or she personally played any gambling game or used any prohibited device.
Sec. 126. NRS 475.105 is hereby amended to read as follows:
475.105 A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:
1. If the device has a value of less than [$650,] $1,200, is guilty of a [gross] misdemeanor.
2. If the device has a value of [$650] $1,200 or more, is guilty of [grand larceny] a category D felony and shall be punished as provided in NRS [205.222.] 193.130.
Sec. 126.3. NRS 483.290 is hereby amended to read as follows:
483.290 1. An application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her full legal name and age by displaying:
(a) An original or certified copy of the required documents as prescribed by regulation; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 [.] which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection 4 of that section.
3. The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605.
4. At the time of applying for a drivers license, an applicant may, if eligible, preregister or register to vote pursuant to NRS 293.524.
κ2019 Statutes of Nevada, Page 4479 (CHAPTER 633, AB 236)κ
5. Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.
6. The Department may refuse to accept a drivers license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
7. With respect to any document presented by a person who was born outside of the United States to prove his or her full legal name and age, the Department:
(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) Shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.
8. The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
9. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 126.7. NRS 483.860 is hereby amended to read as follows:
483.860 1. Every applicant for an identification card must furnish proof of his or her full legal name and age by presenting:
(a) An original or certified copy of the required documents as prescribed by regulation; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 [.] which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection 4 of that section.
2. The Director shall adopt regulations:
(a) Prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 1, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605; and
(b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country.
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the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
3. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 127. NRS 484C.320 is hereby amended to read as follows:
484C.320 1. An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug [abuse] use for at least 6 months. The court shall authorize that treatment if:
(a) The offender is diagnosed as an alcoholic or [abuser] user of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;
(b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and
(c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug [abuse.] use. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
4. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.
(c) Advise the offender that:
κ2019 Statutes of Nevada, Page 4481 (CHAPTER 633, AB 236)κ
(1) He or she may be placed under the supervision of a treatment provider for a period not to exceed 3 years.
(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.
(3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the offenders sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.
5. The court shall administer the program of treatment pursuant to the procedures provided in [NRS 458.320 and 458.330,] sections 20 to 23, inclusive, of this act, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.
Sec. 128. NRS 484C.330 is hereby amended to read as follows:
484C.330 1. An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug [abuse] use for at least 1 year. The court shall authorize that treatment if:
(a) The offender is diagnosed as an alcoholic or [abuser] user of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;
(b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources; and
(c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484C.400, has performed or will perform not less than one-half of the hours of community service.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
κ2019 Statutes of Nevada, Page 4482 (CHAPTER 633, AB 236)κ
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
4. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.
(c) Advise the offender that:
(1) He or she may be placed under the supervision of the treatment provider for a period not to exceed 3 years.
(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.
(3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the offenders sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.
5. The court shall administer the program of treatment pursuant to the procedures provided in [NRS 458.320 and 458.330,] sections 20 to 23, inclusive, of this act, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.
Sec. 129. NRS 484C.340 is hereby amended to read as follows:
484C.340 1. An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for alcoholism or drug [abuse] use for at least 3 years. The court may authorize that treatment if:
(a) The offender is diagnosed as an alcoholic or [abuser] user of drugs by:
κ2019 Statutes of Nevada, Page 4483 (CHAPTER 633, AB 236)κ
(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; and
(b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources.
Κ An alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor or a physician who diagnoses an offender as an alcoholic or [abuser] user of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court.
4. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years.
(b) Order the offender to complete a program of treatment for alcoholism or drug [abuse] use with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.
(c) Advise the offender that:
(1) He or she may be placed under the supervision of a treatment provider for not more than 5 years.
(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.
(3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for alcoholism or drug [abuse] use or if the offender fails to complete the program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.
(5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply.
5. The court shall administer the program of treatment pursuant to the procedures provided in [NRS 458.320 and 458.330,] sections 20 to 23, inclusive, of this act, except that the court:
κ2019 Statutes of Nevada, Page 4484 (CHAPTER 633, AB 236)κ
(a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and
(b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.
6. To participate in a program of treatment, the offender must:
(a) Serve not less than 6 months of residential confinement;
(b) Install, at his or her own expense, a device for not less than 12 months;
(c) Not drive any vehicle unless it is equipped with a device;
(d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and
(e) Agree to any other conditions that the court deems necessary.
7. An offender may not apply to the court to undergo a program of treatment for alcoholism or drug [abuse] use pursuant to this section if the offender has previously applied to receive treatment pursuant to this section or if the offender has previously been convicted of:
(a) A violation of NRS 484C.430;
(b) A violation of NRS 484C.130;
(c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
(d) A violation of paragraph (c) of subsection 1 of NRS 484C.400;
(e) A violation of NRS 484C.410; or
(f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).
8. As used is this section, device has the meaning ascribed to it in NRS 484C.450.
Sec. 130. NRS 484D.335 is hereby amended to read as follows:
484D.335 1. A person is guilty of a category [B] C felony and shall be punished [by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment,] as provided in NRS 193.130 if the person knowingly sells a motor vehicle whose odometer has been altered for the purpose of fraud.
2. Except as otherwise provided in subsection 1, any person who violates the provisions of NRS 484D.300 to 484D.345, inclusive, is guilty of a misdemeanor.
Sec. 131. NRS 501.3765 is hereby amended to read as follows:
501.3765 1. Any person who intentionally steals, takes and carries away one or more traps, snares or similar devices owned by another person with an aggregate value of less than [$650] $1,200 is guilty of a gross misdemeanor.
2. Any person who buys, receives, possesses or withholds one or more traps, snares or similar devices owned by another person with an aggregate value of less than [$650:] $1,200:
(a) Knowing that the traps, snares or similar devices are stolen property; or
κ2019 Statutes of Nevada, Page 4485 (CHAPTER 633, AB 236)κ
(b) Under such circumstances as should have caused a reasonable person to know that the traps, snares or similar devices are stolen property,
Κ is guilty of a gross misdemeanor.
Sec. 131.5. NRS 569.100 is hereby amended to read as follows:
569.100 1. A person who takes up an estray or feral livestock as provided for in NRS 569.040 to 569.130, inclusive, is entitled to hold the estray or feral livestock lawfully until relieved of custody by the Department.
2. A person shall not use or cause to be used, for profit or otherwise, any estray or feral livestock in the persons keeping under the provisions of NRS 569.040 to 569.130, inclusive. A violation of this subsection shall be deemed grand larceny or petit larceny, as set forth in NRS 205.2175 to [205.2707,] 205.2705, inclusive, and the person shall be punished as provided in those sections.
3. Any person taking, leading or driving an estray or feral livestock away from the possession of the lawful holder, as specified in NRS 569.040 to 569.130, inclusive, except as otherwise provided in this section, is subject to all the penalties under the law, whether or not the person is the claimant of the estray or feral livestock.
Sec. 132. NRS 612.445 is hereby amended to read as follows:
612.445 1. A person shall not make a false statement or representation, knowing it to be false, or knowingly fail to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, including, without limitation, by:
(a) Failing to properly report earnings;
(b) Filing a claim for benefits using the social security number, name or other personal identifying information of another person; or
(c) Filing a claim for or receiving benefits and failing to disclose, at the time he or she files the claim or receives the benefits, any compensation for a temporary total disability or a temporary partial disability or money for rehabilitative services pursuant to chapters 616A to 616D, inclusive, or 617 of NRS received by the person or for which a claim has been submitted pursuant to those chapters.
Κ A person who violates the provisions of this subsection commits unemployment insurance fraud.
2. When the Administrator finds that a person has committed unemployment insurance fraud pursuant to subsection 1, the person shall repay to the Administrator for deposit in the Fund a sum equal to all of the benefits received by or paid to the person for each week with respect to which the false statement or representation was made or to which the person failed to disclose a material fact in addition to any interest, penalties and costs related to that sum. Except as otherwise provided in subsection 3 of NRS 612.480, the Administrator may make an initial determination finding that a person has committed unemployment insurance fraud pursuant to subsection 1 at any time within 4 years after the first day of the benefit year in which the person committed the unemployment insurance fraud.
3. Except as otherwise provided in this subsection and subsection 8, the person is disqualified from receiving unemployment compensation benefits under this chapter:
(a) For a period beginning with the week in which the Administrator issues a finding that the person has committed unemployment insurance fraud pursuant to subsection 1 and ending not more than 52 consecutive weeks after the week in which it is determined that a claim was filed in violation of subsection 1; or
κ2019 Statutes of Nevada, Page 4486 (CHAPTER 633, AB 236)κ
fraud pursuant to subsection 1 and ending not more than 52 consecutive weeks after the week in which it is determined that a claim was filed in violation of subsection 1; or
(b) Until the sum described in subsection 2, in addition to any interest, penalties or costs related to that sum, is repaid to the Administrator,
Κ whichever is longer. The Administrator shall fix the period of disqualification according to the circumstances in each case.
4. It is a violation of subsection 1 for a person to file a claim, or to cause or allow a claim to be filed on his or her behalf, if:
(a) The person is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this State; and
(b) The claim does not expressly disclose his or her incarceration.
5. A person who obtains benefits of [$650] $1,200 or more in violation of subsection 1 shall be punished in the same manner as theft pursuant to subsection [3 or 4] 2 of NRS 205.0835.
6. In addition to the repayment of benefits required pursuant to subsection 2, the Administrator:
(a) Shall impose a penalty equal to 15 percent of the total amount of benefits received by the person in violation of subsection 1. Money recovered by the Administrator pursuant to this paragraph must be deposited in the Unemployment Trust Fund in accordance with the provisions of NRS 612.590.
(b) May impose a penalty equal to not more than:
(1) If the amount of such benefits is greater than $25 but not greater than $1,000, 5 percent;
(2) If the amount of such benefits is greater than $1,000 but not greater than $2,500, 10 percent; or
(3) If the amount of such benefits is greater than $2,500, 35 percent,
Κ of the total amount of benefits received by the person in violation of subsection 1 or any other provision of this chapter. Money recovered by the Administrator pursuant to this paragraph must be deposited in the Employment Security Fund in accordance with the provisions of NRS 612.615.
7. Except as otherwise provided in subsection 8, a person may not pay benefits as required pursuant to subsection 2 by using benefits which would otherwise be due and payable to the person if he or she was not disqualified.
8. The Administrator may waive the period of disqualification prescribed in subsection 3 for good cause shown or if the person adheres to a repayment schedule authorized by the Administrator that is designed to fully repay benefits received from an improper claim, in addition to any related interest, penalties and costs, within 18 months. If the Administrator waives the period of disqualification pursuant to this subsection, the person may repay benefits as required pursuant to subsection 2 by using any benefits which are due and payable to the person, except that benefits which are due and payable to the person may not be used to repay any related interest, penalties and costs.
9. The Administrator may recover any money required to be paid pursuant to this section in accordance with the provisions of NRS 612.365 and may collect interest on any such money in accordance with the provisions of NRS 612.620.
κ2019 Statutes of Nevada, Page 4487 (CHAPTER 633, AB 236)κ
Sec. 133. NRS 652.074 is hereby amended to read as follows:
652.074 The provisions of this chapter do not apply to any:
1. Test or examination conducted by a law enforcement officer or agency;
2. Test or examination required by a court as a part of or in addition to a program of treatment and rehabilitation pursuant to [NRS 453.580;] section 20 of this act; or
3. Task performed in accordance with the regulations adopted by the Board pursuant to NRS 449.0304 or 449.4309.
Sec. 133.3. 1. There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety for personnel costs for quality assurance, data tracking, record sealing and tracking the following sums:
For the Fiscal Year 2019-2020.......................................................... $344,542
For the Fiscal Year 2020-2021.......................................................... $421,466
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 133.5. 1. There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety for personnel costs the sum of $150,337.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 133.7. 1. There is hereby appropriated from the State General Fund to the Department of Corrections for personnel costs to address reporting requirements imposed pursuant to the provisions of this act the following sums:
For the Fiscal Year 2019-2020........................................................... $30,348
For the Fiscal Year 2020-2021........................................................... $83,133
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
κ2019 Statutes of Nevada, Page 4488 (CHAPTER 633, AB 236)κ
entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 134. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 135. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 135.5. 1. When the next reprint of the Nevada Revised Statutes is prepared by the Legislative Counsel, the Legislative Counsel shall replace the terms abuse and abuser as such terms appear in the Nevada Revised Statutes in relation to, without limitation, alcohol or drug abuse or substance abuse assessments, screenings, disorders or treatment programs, with the terms use and user, respectively, in the manner provided in this act.
2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, make such changes as necessary so that the terms abuse and abuser are replaced with the terms use and user, respectively, as described in subsection 1 and as provided for in this act.
3. To the extent that revisions are made to the Nevada Revised Statutes pursuant to subsection 1, the revisions shall be construed as nonsubstantive and it is not the intent of the Nevada Legislature to modify any existing interpretations of any statute which is so revised.
Sec. 136. NRS 205.2707, 453.3395, 453.580, 458.290, 458.300, 458.310, 458.320, 458.325, 458.330, 458.340 and 458.350 are hereby repealed.
Sec. 137. 1. This section and sections 133.3, 133.5 and 133.7 of this act become effective on July 1, 2019.
2. Sections 1 to 133, inclusive, and 134 to 136, inclusive, of this act become effective on July 1, 2020.
________
κ2019 Statutes of Nevada, Page 4489κ
Assembly Bill No. 289Assemblymen Thompson, Peters, Spiegel, Carrillo; Fumo, Gorelow, McCurdy, Torres and Watts
Joint Sponsors: Senators Denis; Dondero Loop, D. Harris and Woodhouse
CHAPTER 634
[Approved: June 14, 2019]
AN ACT relating to education; revising provisions relating to the retention of certain pupils enrolled in grade 3 to require the provision of certain services and instruction; revising provisions relating to plans to improve the literacy of pupils; revising provisions relating to teachers who teach in a public elementary school; revising provisions relating to reports concerning pupil performance in the subject area of reading; revising provisions relating to notices concerning pupils who exhibit a deficiency in the subject area of reading; requiring certain interventions and services for pupils who exhibit a deficiency in the subject area of reading and for the parent or legal guardian of such a pupil; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law to become effective on July 1, 2019, provides that, unless a pupil receives a good-cause exemption, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain the score prescribed by the State Board of Education on the criterion-referenced examination in reading. (NRS 388A.487, 392.760) Section 7 of this bill removes this requirement and instead provides that an elementary school must provide intervention services and intensive instruction to a pupil during the time the pupil attends the school if the pupil does not obtain the score prescribed by the State Board on the criterion-referenced examination in reading. Section 7 also authorizes the principal to retain a pupil rather than allow the pupil to move to the next grade in certain circumstances in consultation with the literacy specialist and certain other persons. Sections 4, 5 and 8 of this bill make conforming changes. Section 5 also revises requirements concerning the notice that must be provided to the parent or legal guardian of a pupil who exhibits a deficiency in the subject area of reading.
Existing law requires the board of trustees of each school district or the governing body of a charter school to prepare a plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3. (NRS 388.157) Section 1 of this bill instead requires this plan to address pupils enrolled in all grades of an elementary school.
Existing law requires that a plan to improve the literacy of pupils include a program to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in that subject area. (NRS 388.157) Section 1 provides that in order to achieve adequate proficiency in reading, a pupil must perform at a level determined by a statewide assessment to be within the level established by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled.
Under existing law, the principal of a public elementary school, including, without limitation, a charter school, is required to designate a licensed teacher employed by the school who has demonstrated leadership abilities to serve as a learning strategist to train and assist teachers in providing intensive instruction to pupils who have been identified as deficient in the subject area of reading. (NRS 388.159) Section 2 of this bill instead requires the principal to designate a licensed teacher to serve as a literacy specialist and prescribes the qualifications and duties of the literary specialist. Existing law authorizes a school district or charter school to provide additional compensation to: (1) a licensed teacher designated as a learning strategist or to a teacher who teaches kindergarten; or (2) a licensed teacher who teaches grade 1, 2, 3 or 4 whose overall performance is determined to be highly effective.
κ2019 Statutes of Nevada, Page 4490 (CHAPTER 634, AB 289)κ
provide additional compensation to: (1) a licensed teacher designated as a learning strategist or to a teacher who teaches kindergarten; or (2) a licensed teacher who teaches grade 1, 2, 3 or 4 whose overall performance is determined to be highly effective. (NRS 388.159) Section 2 revises the list of licensed teachers who are eligible for additional compensation to include any teacher who teaches in an elementary school who provides instruction in reading.
Existing law, which becomes effective on July 1, 2019, requires the board of trustees of each school district and the governing body of a charter school to prepare a report concerning the number and percentage of pupils who are retained in grade 3 for deficiency in reading. (NRS 388A.487, 392.775) Sections 4 and 10 of this bill additionally require the board of trustees of each school district and the governing body of a charter school to include in a report certain information concerning pupils who received educational programs or services in the subject area of reading.
Section 6 of this bill requires the plan to assess the proficiency of a pupil who is deficient in the subject area of reading to be established by a licensed teacher. Section 6 also removes the requirement that a school assess the proficiency of a pupil who is receiving services to correct a deficiency in the subject area of reading at the beginning of the school year and instead requires the school regularly assess the growth of the pupil in any areas of deficiency in the subject area of reading.
Existing law requires the principal of a school to offer the parent or legal guardian of a pupil who is retained in grade 3 certain additional instructional options. (NRS 392.770) Section 9 of this bill instead requires the principal of a school to offer these options to the parent or legal guardian of a pupil who exhibits a deficiency in the subject area of reading.
Existing law requires the Department of Education to distribute money that is appropriated to the Other State Education Programs Account through a competitive grants program. (Section 15 of chapter 334, Statutes of Nevada 2015, p. 1867) Section 11 of this bill revises the program to: (1) distribute the money through a noncompetitive grants program using a weighted formula; and (2) authorize schools that receive a grant of money to use the money for literacy programs, additional staff or both, to support school-based efforts to ensure that all pupils are proficient in reading by the end of elementary school. Section 11 also prohibits schools that receive a grant of money from using the money to supplant other budgets of the school.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.157 is hereby amended to read as follows:
388.157 1. The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in [kindergarten and grades 1, 2 and 3.] an elementary school. Such a plan must include, without limitation:
(a) A program to provide intervention services and intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in [that subject area.] the requisite reading skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level determined by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction [on] designed to target any area of reading in which the pupil demonstrates a deficiency, including, without limitation, phonological and phonemic awareness, decoding skills , [and] reading fluency [;] and vocabulary and reading comprehension strategies;
κ2019 Statutes of Nevada, Page 4491 (CHAPTER 634, AB 289)κ
and phonemic awareness, decoding skills , [and] reading fluency [;] and vocabulary and reading comprehension strategies;
(b) Procedures for assessing a pupils proficiency in the subject area of reading using valid and reliable standards-based assessments that have been approved by the State Board by regulation:
(1) Within the first 30 days of school after the pupil enters kindergarten or upon enrollment in [kindergarten] the elementary school if the pupil enrolls after that period [;] and has not previously been assessed; and
(2) During [grades 1, 2 and 3;] each grade level of the elementary school at which the pupil is enrolled as determined necessary;
(c) A program to improve the proficiency in reading of pupils who are English learners; and
(d) Procedures for facilitating collaboration between [learning strategists] licensed teachers designated as literacy specialists and classroom teachers.
2. The board of trustees of each school district or the governing body of a charter school, as applicable, shall:
(a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and
(b) Make such revisions to the plan as the Department determines are necessary.
Sec. 2. NRS 388.159 is hereby amended to read as follows:
388.159 1. The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school [who has demonstrated leadership abilities] to serve as a [learning strategist] literacy specialist. [to train] The licensed teacher so designated must:
(a) Demonstrate the ability to improve the literacy of pupils;
(b) Demonstrate competency in effective instruction in literacy and the administration of assessments;
(c) Demonstrate an understanding of building relationships with teachers and other adults;
(d) Collaborate with the principal of the public elementary school to develop a schedule of professional development and assist in providing such professional development; and
(e) Assist teachers at the school [to] by implementing a system of support which includes various methods to provide intervention services and intensive instruction [to] for pupils who have been identified as deficient in the subject area of reading.
2. A school district or charter school may provide additional compensation to:
(a) A licensed teacher designated as a [learning strategist] literacy specialist pursuant to this section; or
(b) A licensed teacher who is employed by a school district or charter school [to teach kindergarten or grade 1, 2, 3 or 4] to teach at an elementary school [whose overall performance is determined to be highly effective under the statewide performance evaluation system established by the State Board pursuant to NRS 391.465.] and provides instruction in reading.
3. Each licensed teacher employed by a school district or charter school to teach [kindergarten or grade 1, 2, 3 or 4] at an elementary school and who is responsible for providing instruction in reading shall complete professional development [provided] developed by a [learning strategist designated] licensed teacher designated as a literacy specialist pursuant to subsection 1 in the subject area of reading.
κ2019 Statutes of Nevada, Page 4492 (CHAPTER 634, AB 289)κ
professional development [provided] developed by a [learning strategist designated] licensed teacher designated as a literacy specialist pursuant to subsection 1 in the subject area of reading.
4. The State Board shall prescribe by regulation:
(a) Any training or professional development that a [learning strategist] licensed teacher designated as a literacy specialist is required to successfully complete;
(b) Any professional development that a teacher employed by a school district or charter school to teach [kindergarten or grade 1, 2, 3 or 4] at an elementary school is required to receive [from] as developed by a [learning strategist] licensed teacher designated as a literacy specialist in the subject area of reading; and
(c) The duties and responsibilities of a [learning strategist.] licensed teacher designated as a literacy specialist.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 388A.487 is hereby amended to read as follows:
388A.487 1. The governing body of a charter school that operates as an elementary school shall adopt rules for [the academic retention of] the provision of intervention services and intensive instruction to pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765. The rules must:
(a) Prescribe the [conditions under] programs and instruction which will be provided to a pupil [may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.] who has been identified as deficient in the subject area of reading in accordance with the plan established pursuant to NRS 388.157.
(b) Require the school to provide to a pupil [enrolled in grade 3 to be retained in the same grade rather than promoted to grade 4 when required] who has been identified as deficient in the subject area of reading with intervention services and intensive instruction [pursuant to NRS 392.760.] in accordance with the plan established pursuant to NRS 388.157.
2. On or before [September 1] October 15 of each year, the governing body of each charter school that operates as an elementary school shall:
(a) Prepare a report concerning the number and percentage of pupils at the charter school who were:
(1) [Retained] Designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school of a charter school pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously [retained in kindergarten or grade 1 or 2;] provided intervention services and intensive instruction while enrolled in an elementary school of a charter school; and
(2) [Not retained in grade 3 because a good cause exemption was approved pursuant to NRS 392.760 but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years;] Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:
(I) Did not improve at a rate prescribed by the governing body of a charter school, indicating a need for more intensive or different interventions;
(II) Improved at a rate prescribed by the governing body of a charter school, indicating growth toward performing at a level determined by a statewide assessment to be within the level established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled; and
κ2019 Statutes of Nevada, Page 4493 (CHAPTER 634, AB 289)κ
by a statewide assessment to be within the level established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled; and
(b) Submit a copy of the report to the Department [;] , the Legislature and the sponsor of the charter school; and
(c) Post the report on the Internet website maintained by the charter school and otherwise make the report available to the parents and legal guardians of pupils enrolled in the charter school and the general public.
Sec. 5. NRS 392.750 is hereby amended to read as follows:
392.750 If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 or who newly enrolls in a public elementary school exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupils teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:
1. Identify the educational programs and services that the pupil will receive to improve the pupils proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school that has been approved by the Department pursuant to NRS 388.157;
2. Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the school will provide the pupil [will be retained in grade 3 rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to NRS 392.760;] with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;
3. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;
4. Explain that the criterion-referenced examination in only the subject area of reading administered pursuant to NRS 390.105 is not the only factor used to determine whether the pupil will be [retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuant to NRS 392.760;] provided intervention services and intensive instruction while the pupil is enrolled in an elementary school;
5. Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding the [promotion] provision of intervention services and intensive instruction to a pupil [to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to NRS 392.760;] enrolled in an elementary school;
6. Include information regarding the English literacy development of a pupil who is an English learner; [and]
7. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is an English learner [.] ;
8. To the extent practicable, be provided in a language that the parent or legal guardian can understand;
κ2019 Statutes of Nevada, Page 4494 (CHAPTER 634, AB 289)κ
9. Explain that a plan to monitor the growth of the pupil in the subject area of reading will regularly assess the pupil and the elementary school will provide notice to the parent or legal guardian the status of the growth of the pupil; and
10. Explain that services and the programs provided to the pupil will be adjusted to improve the deficiency in the subject area of reading.
Sec. 6. NRS 392.755 is hereby amended to read as follows:
392.755 1. A public elementary school that has notified the parent or legal guardian of a pupil that, based upon the results of state or local assessments, it has been determined that the pupil has a deficiency in the subject area of reading pursuant to NRS 392.750 shall, within 30 days after providing such notice, establish a plan to monitor the [progress] growth of the pupil in the subject area of reading.
2. A plan to monitor the [progress] growth of a pupil in the subject area of reading must be established by [the] a licensed teacher [of the pupil] and any other relevant licensed school personnel and approved by the principal of the school and the parent or legal guardian of the pupil. The plan must include a description of any intervention services and intensive instruction that will be provided to the pupil to correct the area of deficiency and must include that the pupil will receive intensive instruction in reading [to ensure] until the pupil achieves adequate proficiency in the requisite reading [.] skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level established by the State Board of Education for a pupil enrolled in the same grade in which the pupil is enrolled. Such instruction must include, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school approved by the Department pursuant to NRS 388.157.
3. A school that establishes a plan to monitor the [progress] growth of a pupil in the subject area of reading shall regularly assess the [proficiency] growth of the pupil in [the subject] any area of deficiency in the subject area of reading [at the beginning of the next school year after the plan is established pursuant to this section.] to ensure that the programs and services provided to the pupil pursuant to subsection 1 of NRS 392.750 continue to increase the proficiency of the pupil in the subject area of reading until the pupil performs at a level determined by a statewide assessment to be within a level established by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled.
Sec. 7. NRS 392.760 is hereby amended to read as follows:
392.760 1. Except as otherwise provided in this section, an elementary school must provide to a pupil enrolled in [grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil] the school intervention services and intensive instruction if the pupil does not obtain a score in only the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 that meets the passing score prescribed by the State Board . [pursuant to subsection 7.]
2. [The superintendent of schools of a school district or the governing body of a charter school, as applicable, may authorize the promotion of a pupil to grade 4 who would otherwise be retained in grade 3 only if the superintendent or governing body, as applicable, approves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to subsection 4 that the pupil is eligible for such an exemption.
κ2019 Statutes of Nevada, Page 4495 (CHAPTER 634, AB 289)κ
3. A good-cause exemption must be approved for a pupil who previously was retained in grade 3. Any other pupil is eligible for a good-cause exemption if the pupil:
(a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;
(b) Demonstrates, through a portfolio of the pupils work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond the retention level;
(c) Is an English learner and has received less than 2 years of instruction in a program of instruction that teaches English as a second language;
(d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;
(e) Is a pupil with a disability and his or her individualized education program indicates that the pupils participation in the criterion-referenced examinations administered pursuant to NRS 390.105 is not appropriate; or
(f) Is a pupil with a disability and:
(1) He or she participates in the criterion-referenced examinations administered pursuant to NRS 390.105;
(2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading; and
(3) He or she was previously retained in kindergarten or grade 1, 2 or 3.
4. The principal of a school in which a pupil who may be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 3 and determine whether the pupil is eligible for a good-cause exemption. In making the determination, the principal must consider documentation provided by the pupils teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil. Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupils individualized education program, if applicable, and the pupils plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, if applicable. If the principal determines that promotion of the pupil to grade 4 is appropriate, the principal must submit a written recommendation to the superintendent of schools of the school district or to the governing body of the charter school, as applicable. The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice of the approval or denial to the principal.
5. A principal who determines that a pupil is eligible for a good-cause exemption shall notify the parent or legal guardian of the pupil whether the superintendent of schools of the school district or the governing body of the charter school, as applicable, approves the good-cause exemption.
6.] The principal of a school [in which a pupil for whom a good-cause exemption is approved and who is promoted to grade 4 must] , in consultation with the literacy specialist designated pursuant to NRS 388.159 and any teacher or other person with knowledge and expertise related to providing intervention services and intensive instruction to the pupil:
κ2019 Statutes of Nevada, Page 4496 (CHAPTER 634, AB 289)κ
(a) Shall ensure that the pupil continues to [receive] be provided intervention services and intensive instruction in the subject area of reading [.] for as long as it is determined to be necessary while the pupil is enrolled at the elementary school. Such instruction must include, without limitation, strategies based upon evidence-based research that will improve proficiency in the subject area of reading.
[7. The State Board shall prescribe by regulation:
(a) The score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 to be promoted to grade 4 without a good-cause exemption; and
(b) An alternate examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a good-cause exemption.
8. As used in this section, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).]
(b) May retain the pupil in grade 3 rather than promote the pupil to grade 4 when authorized pursuant to NRS 392.125.
Sec. 8. NRS 392.765 is hereby amended to read as follows:
392.765 1. If a pupil will be [retained in grade 3] provided intervention services and intensive instruction pursuant to NRS 392.760, the principal of the school must:
(a) Provide written notice to the parent or legal guardian of the pupil confirming that the pupil will be [retained in grade 3.] provided intervention services and intensive instruction while the pupil is enrolled in an elementary school. The written notice must include, without limitation, a description of the intervention services and intensive [instructional services] instruction in the subject area of reading that the pupil will [receive] be provided to improve the proficiency of the pupil in that subject area.
(b) Develop a plan to monitor the [progress] growth of the pupil in the subject area of reading.
(c) Require the teacher of the pupil to develop a portfolio of the pupils work in the subject area of reading, which must be updated as necessary to reflect [progress] growth made by the pupil.
(d) Ensure that the pupil receives intervention services and intensive [instructional services] instruction in the subject area of reading that are designed to improve the pupils proficiency in the subject area of reading, including, without limitation:
(1) Programs and services included in the plan to improve the literacy of pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school approved by the Department pursuant to NRS 388.157;
(2) Instruction for at least 90 minutes each school day based upon evidence-based research concerning reading instruction; and
(3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.
2. The board of trustees of each school district or the governing body of a charter school, as applicable, shall:
κ2019 Statutes of Nevada, Page 4497 (CHAPTER 634, AB 289)κ
(a) Review and evaluate the plans for monitoring the [progress] growth of pupils developed pursuant to subsection 1.
(b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who [is retained in grade 3] will be provided intervention services and intensive instruction pursuant to NRS 392.760, which may include, without limitation:
(1) Instruction that is provided in small groups;
(2) Instruction provided in classes with reduced pupil-teacher ratios;
(3) A timeline for frequently monitoring the progress of the pupil;
(4) Tutoring and mentoring;
(5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4 [;] and to each subsequent grade level at the school;
(6) Instruction provided through an extended school day, school week or school year;
(7) Programs to improve a pupils proficiency in reading which are offered during the summer; or
(8) Any combination of the services set forth in subparagraphs (1) to (7), inclusive.
3. Except as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading required by this section must be provided to the pupil by a teacher:
(a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year; and
(b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.
4. The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:
(a) Has an individualized education program; or
(b) Is enrolled in a school district in a county whose population is less than 100,000.
5. [The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to NRS 392.760 to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading. The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable expectation that the pupils progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level. If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.
6. If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to this section, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional instructional setting which is designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4 while continuing to receive remediation in the subject area of reading.
κ2019 Statutes of Nevada, Page 4498 (CHAPTER 634, AB 289)κ
designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4 while continuing to receive remediation in the subject area of reading.
7.] As used in this section, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 9. NRS 392.770 is hereby amended to read as follows:
392.770 In addition to the intervention services and intensive [instructional services] instruction provided to a pupil who demonstrates a deficiency in the subject area of reading identified pursuant to subsection 1 of NRS 392.750 or a pupil who [is retained in grade 3] will be provided intervention services and intensive instruction while the pupil is enrolled in an elementary school pursuant to NRS 392.760, the principal of the school must offer the parent or legal guardian of the pupil , to the extent practicable, in a language that the parent or legal guardian can understand, at least one of the following instructional options:
1. Supplemental tutoring which is based upon evidence-based research concerning reading instruction;
2. Providing the parent or legal guardian with a plan for reading with the pupil at home and participating in any workshops that may be available in the school district to assist the parent or legal guardian with reading with his or her child at home, as set forth in an agreement with the parent or legal guardian; or
3. Providing the pupil with a mentor or tutor who has received specialized training in teaching pupils how to read.
Sec. 10. NRS 392.775 is hereby amended to read as follows:
392.775 On or before [September 1] October 15 of each year, the board of trustees of each school district shall:
1. Prepare a report concerning the number and percentage of pupils at each public elementary school within the school district who : [were:]
(a) [Retained] Were designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously [retained in kindergarten or grade 1 or 2;] provided intervention services and intensive instruction; and
(b) [Not retained in grade 3 because a good-cause exemption was approved pursuant to NRS 392.760 but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years.] Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:
(1) Did not improve at a rate prescribed by the board of trustees of the school district, indicating a need for more intensive or different interventions; and
(2) Improved at a rate prescribed by the board of trustees of the school district, indicating progress toward performing at a level determined by a statewide assessment to be within the level established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled.
2. Submit a copy of the report to the Department [.] , the Legislature and sponsor of the charter school.
κ2019 Statutes of Nevada, Page 4499 (CHAPTER 634, AB 289)κ
3. Post the report on the Internet website maintained by the school district and otherwise make the report available to the parents and legal guardians of pupils enrolled in the school district and the general public.
Sec. 11. Section 15 of chapter 334, Statutes of Nevada 2015, at page 1867, is hereby amended to read as follows:
Sec. 15. 1. The Department of Education shall distribute the money that is appropriated to the Other State Education Programs Account in the State General Fund to carry out the purposes of sections 1 to 14, inclusive, of this act through a [competitive] noncompetitive grants program. Grants must be awarded by the Department based [on the demonstrated needs of] upon a weighted formula which will allocate funds based on need and the pupil population of the school district, and improving the literacy of pupils enrolled in elementary schools in the school districts and charter schools and will be awarded to school districts , to school districts approved to sponsor charter schools and to charter schools that have been approved by the State Public Charter School Authority. Grants must be used for literacy programs for pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school established pursuant to [section 5 of this act] NRS 388.157 and to support other school-based efforts to ensure that all pupils are [proficient in the subject area of reading by the end of the third grade.] performing at a level considered by the school district or charter school to be within the average range for pupils enrolled in each grade level. Such school-based efforts may include, without limitation:
(a) Hiring [or training learning strategists;] literacy specialists;
(b) Training literacy specialists;
(c) Entering into contracts with vendors for the purchase of evidence-based reading assessments, textbooks, computer software or other materials;
[(c)] (d) Providing professional development for school personnel;
[(d)] (e) Providing evidence-based programs to pupils before and after school and during intercessions or summer school; and
[(e)] (f) Providing other evidence-based literacy initiatives for pupils enrolled in [kindergarten and grades 1, 2 and 3.] elementary school.
2. The board of trustees of a school district or the governing body of a charter school that receives a grant of money pursuant to subsection 1 shall:
(a) Set measurable performance objectives based on aggregated pupil achievement data; [and]
(b) Prepare and submit to the Department of Education, on or before July 1, [2016,] 2020, a report that includes, without limitation:
(1) A description of the programs or services for which the money was used by each school; and
(2) The number of pupils who participated in a program or received services [.] ; and
(c) Not use the money to supplant other budgets in the school.
3. The Department of Education shall, to the extent that money is available for that purpose, hire an independent consultant to evaluate the programs or services paid for by a grant of money received by a school district or charter school pursuant to subsection 1.
κ2019 Statutes of Nevada, Page 4500 (CHAPTER 634, AB 289)κ
evaluate the programs or services paid for by a grant of money received by a school district or charter school pursuant to subsection 1.
4. The Department of Education shall prepare a report that includes, without limitation:
(a) Identification of the schools that received an allocation of money by the school district or grant of money from the Department, as applicable;
(b) The amount of money received by each school;
(c) A description of the programs or services for which the money was used by each school;
(d) The number of pupils who participated in a program or received services;
(e) The average expenditure per pupil for each program or service;
(f) An evaluation of the effectiveness of the program or service, including, without limitation, data regarding the academic and linguistic achievement and proficiency of pupils who participated in such a program or received such services; and
(g) Any recommendations for legislation, including, without limitation, legislation to continue or expand programs or services that are identified as effective in improving the reading proficiency of pupils in kindergarten through grade [3.] 5.
5. On or before August 31, [2016,] 2020, the Department of Education shall submit a preliminary report prepared pursuant to subsection 4 to the State Board of Education and the Legislative Committee on Education. On or before November 15, [2016,] 2020, the Department shall submit the final report prepared pursuant to subsection 4 and any recommendations made by the State Board or the Legislative Committee on Education to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the [79th] 81st Session of the Nevada Legislature.
6. Any money awarded to a school district or charter school from the money appropriated to the Other State Education Programs Account in the State General Fund pursuant to subsection 1:
(a) Must be accounted for separately from any other money received by the school districts or charter school, as applicable, and used only for the purposes specified in this section.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
Sec. 12. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 13. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2. On July 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 4501κ
Assembly Bill No. 363Assemblymen Thompson, Monroe-Moreno, McCurdy, Frierson, Benitez-Thompson; Assefa, Backus, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Edwards, Ellison, Flores, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, Miller, Munk, Neal, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Titus, Tolles, Torres, Watts, Wheeler and Yeager
Joint Sponsors: Senators Brooks, Cancela, Cannizzaro, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, D. Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Spearman, Washington and Woodhouse
CHAPTER 635
[Approved: June 14, 2019]
AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to waive the fee for the administration of the examination required for the issuance of a drivers license for certain homeless youth; revising provisions requiring the Department of Motor Vehicles to provide a duplicate drivers license or duplicate identification card to a homeless person free of charge in certain circumstances; revising provisions requiring the State Registrar to provide certain certificates to a homeless person free of charge in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to require applicants for a drivers license to submit to an examination. (NRS 483.330) The fee for administration of the examination is $25. (NRS 483.410) Section 1 of this bill requires the Department to waive the fee for the examination not more than one time for a homeless child or youth under the age of 25 years. Section 2 of this bill makes a conforming change.
Existing law requires the Department to waive the fees for furnishing a duplicate drivers license or a duplicate identification card to a homeless person. The homeless person must reimburse the Department for a certain portion of the fee if the vendor who produces the license or card does not waive the cost it charges the Department to produce the photograph of the homeless person. (NRS 483.417, 483.825) Sections 3 and 4 of this bill require the Department to waive all of the fees, including any reimbursement, for furnishing an original or duplicate drivers license or an original or duplicate identification card to a homeless child or youth under the age of 25 years.
Existing law prohibits the State Registrar from charging a fee for furnishing a certified copy of a record of birth to: (1) a homeless person; or (2) a person who was released from prison within the 90 days immediately preceding the persons request for such a copy. (NRS 440.700) Section 5 of this bill clarifies that a homeless child or youth is entitled to such a free certified copy of a record of birth, and authorizes certain social workers and persons designated by a local educational agency to obtain a certified copy of a record of birth on behalf of a homeless child or youth in certain circumstances. Section 5 also requires the State Registrar to provide an unaccompanied youth, without the payment of a fee, a certificate limited to a statement as to the date of birth of the unaccompanied youth, as disclosed by the record of such birth, when the certificate is necessary for admission to school or for securing employment.
Section 6 of this bill provides that these changes become effective on January 1, 2020.
κ2019 Statutes of Nevada, Page 4502 (CHAPTER 635, AB 363)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.330 is hereby amended to read as follows:
483.330 1. The Department may require every applicant for a drivers license, including a commercial drivers license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:
(a) A test of the applicants ability to understand official devices used to control traffic;
(b) A test of the applicants knowledge of practices for safe driving and the traffic laws of this State;
(c) Except as otherwise provided in subsection 2, a test of the applicants eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of the applicants ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he or she is to be licensed.
Κ The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways. If the Department requires an applicant to submit to a test specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicants knowledge of the provisions of NRS 484B.165.
2. The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a drivers license examiner.
3. If the Department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available to examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
Κ in lieu of an actual demonstration.
4. The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada drivers license who possesses a valid drivers license of the same type or class issued by another jurisdiction unless that person:
(a) Has not attained 21 years of age, except that the Department may, based on the driving record of the applicant, waive the examination to demonstrate the applicants ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the same type or class of vehicle for which he or she is to be licensed;
(b) Has had his or her license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;
κ2019 Statutes of Nevada, Page 4503 (CHAPTER 635, AB 363)κ
(c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct;
(d) Has restrictions to his or her drivers license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;
(e) Has had three or more convictions of moving traffic violations on his or her driving record during the immediately preceding 4 years; or
(f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1327 et seq. of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.
5. The Department shall waive the fee prescribed by NRS 483.410 not more than one time for administration of the examination required pursuant to this section for a homeless child or youth under the age of 25 years who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and under the age of 25 years.
6. As used in this section, homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 2. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6 and NRS 483.330 and 483.417, for every drivers license, including a motorcycle drivers license, issued and service performed, the following fees must be charged:
An original or renewal license issued to a person 65 years of age or older $13.50
An original or renewal license issued to any person less than 65 years of age which expires on the eighth anniversary of the licensees birthday........................................................................... 37.00
An original or renewal license issued to any person less than 65 years of age which expires on or before the fourth anniversary of the licensees birthday............................................................... 18.50
Administration of the examination required by NRS 483.330 for a noncommercial drivers license 25.00
Each readministration to the same person of the examination required by NRS 483.330 for a noncommercial drivers license............................................................................................................ 10.00
Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220 75.00
Reinstatement of a license after revocation for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220......................................................... 120.00
A new photograph, change of name, change of other information, except address, or any combination 5.00
A duplicate license................................................................................. 14.00
κ2019 Statutes of Nevada, Page 4504 (CHAPTER 635, AB 363)κ
2. For every motorcycle endorsement to a drivers license, a fee of $5 must be charged.
3. If no other change is requested or required, the Department shall not charge a fee to convert the number of a license from the licensees social security number, or a number that was formulated by using the licensees social security number as a basis for the number, to a unique number that is not based on the licensees social security number.
4. Except as otherwise provided in NRS 483.417, the increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing a license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless the person is exempt pursuant to that section.
6. The Department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Cancelled pursuant to NRS 483.310.
7. All fees and penalties are payable to the Administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.340, subsection 3 of NRS 483.3485, NRS 483.415 and 483.840, and subsection 3 of NRS 483.863, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Sec. 3. NRS 483.417 is hereby amended to read as follows:
483.417 1. [The] Except as otherwise provided in subsection 4, the Department shall waive the fee prescribed by NRS 483.410 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate drivers license to:
(a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
(c) A person who submits documentation from a county, city or town jail or detention facility verifying that the person was released from the county, city or town jail or detention facility, as applicable, within the immediately preceding 90 days.
2. A vendor that has entered into an agreement with the Department to produce photographs for drivers licenses pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person or person released from prison or a county, city or town jail or detention facility for a duplicate drivers license.
3. [If] Except as otherwise provided in subsection 4, if the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate drivers license furnished to a person pursuant to subsection 1, the person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the person:
(a) Applies to the Department for the renewal of his or her drivers license; and
(b) Is employed at the time of such application.
κ2019 Statutes of Nevada, Page 4505 (CHAPTER 635, AB 363)κ
4. The Department shall waive the fee prescribed by NRS 483.410, the increase in the fee required by NRS 483.347 and the reimbursement required by subsection 3 not more than one time for furnishing an original drivers license or a duplicate drivers license to a homeless child or youth under the age of 25 years who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and under the age of 25 years.
5. The Department may accept gifts, grants and donations of money to fund the provision of original and duplicate drivers licenses without a fee to persons pursuant to [subsection] subsections 1 [.] and 4.
6. As used in this section, homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 4. NRS 483.825 is hereby amended to read as follows:
483.825 1. [The] Except as otherwise provided in subsection 4, the Department shall waive the fee prescribed by NRS 483.820 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate identification card to:
(a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
(c) A person who submits documentation from a county, city or town jail or detention facility verifying that the person was released from the county, city or town jail, as applicable, within the immediately preceding 90 days.
2. A vendor that has entered into an agreement with the Department to produce photographs for identification cards pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person or person released from prison, a county, city or town jail or detention facility for a duplicate identification card.
3. [If] Except as otherwise provided in subsection 4, if the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate identification card furnished to a person pursuant to subsection 1, the person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the person:
(a) Applies to the Department for the renewal of his or her identification card; and
(b) Is employed at the time of such application.
4. The Department shall waive the fee prescribed by NRS 483.820, the increase in the fee required by NRS 483.347 and the reimbursement required by subsection 3 not more than one time for furnishing an original identification card or a duplicate identification card to a homeless child or youth under the age of 25 years who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and under the age of 25 years.
5. The Department may accept gifts, grants and donations of money to fund the provision of original and duplicate identification cards without a fee to persons pursuant to [subsection] subsections 1 [.] and 4.
[5.] 6. As used in this section [, photograph] :
(a) Homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
κ2019 Statutes of Nevada, Page 4506 (CHAPTER 635, AB 363)κ
(b) Photograph has the meaning ascribed to it in NRS 483.125.
Sec. 5. NRS 440.700 is hereby amended to read as follows:
440.700 1. Except as otherwise provided in this section, the State Registrar shall charge and collect a fee in an amount established by the State Registrar by regulation:
(a) For searching the files for one name, if no copy is made.
(b) For verifying a vital record.
(c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.
(d) For a certified copy of a record of birth.
(e) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(g) For correcting a record on file with the State Registrar and providing a certified copy of the corrected record.
(h) For replacing a record on file with the State Registrar and providing a certified copy of the new record.
(i) For filing a delayed certificate of birth and providing a certified copy of the certificate.
(j) For the services of a notary public, provided by the State Registrar.
(k) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State.
(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.
(m) For compiling data files which require specific changes in computer programming.
2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $3 for credit to the Childrens Trust Account created by NRS 432.131.
3. The fee collected for furnishing a copy of a certificate of death must include the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.
4. The fee collected for furnishing a copy of a certificate of death must include the sum of 50 cents for credit to the Grief Support Trust Account created by NRS 439.5132.
5. The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to:
(a) A homeless person , including, without limitation, a homeless child or youth, who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
(c) A staff person of a local educational agency who has been designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii) for a certified copy of a record of birth of a homeless child or youth who is enrolled in the local educational agency.
κ2019 Statutes of Nevada, Page 4507 (CHAPTER 635, AB 363)κ
(d) A social worker licensed to practice in this State, for a certified copy of a record of birth of a homeless child or youth who is a client of the social worker.
6. The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 must include the sum of $1 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.
7. Upon the request of any parent or guardian [,] or an unaccompanied youth, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child or of the unaccompanied youth as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
8. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
9. As used in this section:
(a) Homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
(b) Local educational agency has the meaning ascribed to it in 42 U.S.C. § 11434a.
(c) Unaccompanied youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 6. This act becomes effective on January 1, 2020.
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Assembly Bill No. 235Assemblyman Thompson
CHAPTER 636
[Approved: June 14, 2019]
AN ACT relating to education; revising provisions governing the membership of the Nevada Advisory Commission on Mentoring; requiring the Department of Education to provide the Commission with administrative support; eliminating the requirement for the appointment of a Mentorship Advisory Council; requiring the Commission and the Department of Education to work in consultation to provide direction to the coordinator for mentorship programs in this State; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Advisory Commission on Mentoring for the purpose of supporting and facilitating mentorship programs in this State. (NRS 385.760, 385.780) Under existing law, the membership of the Commission consists of superintendents of certain school districts in this State and members appointed by the Governor, the Commission, the Speaker and Minority Leader of the Assembly and the Majority Leader and Minority Leader of the Senate. (NRS 385.760) Section 1 of this bill requires all members appointed by the Speaker or Minority Leader of the Assembly or the Majority Leader or Minority Leader of the Senate to not be legislators.
κ2019 Statutes of Nevada, Page 4508 (CHAPTER 636, AB 235)κ
legislators. Section 1 also reduces the term of office for a member of the Commission from 4 years to 2 years and prohibits a member from serving more than two consecutive terms. Section 1 requires the removal of a member who fails to attend two consecutive meetings. Section 4 of this bill provides that the terms of office for members serving on the Commission as of July 1, 2019, expire on that date and requires that new members be appointed with initial terms of 1 or 2 years to provide for staggered terms of the 13 members of the Commission.
Section 1 requires the Department of Education to provide the Commission with administrative support to assist the Commission in carrying out its duties.
Section 2 of this bill eliminates the requirement that the Commission appoint a Mentorship Advisory Council consisting of members who represent organizations which provide mentorship programs in this State.
Existing law requires the Commission to employ a coordinator for mentorship programs in this State. (NRS 385.780) Section 3 of this bill requires the Commission to work in consultation with the Department of Education to provide direction and guidance for such coordinator.
Sections 3.3-3.8 of this bill make appropriations to the Commission to: (1) initiate an affiliate process; (2) award certain grants of money to mentorship programs; and (3) plan and host a statewide mentorship conference.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.760 is hereby amended to read as follows:
385.760 1. The Nevada Advisory Commission on Mentoring is hereby created. The Commission consists of the following 13 members:
(a) One member appointed by the Governor who is a representative of business and industry with a vested interest in supporting mentorship programs in this State.
(b) One member appointed by the Governor who represents an employment and training organization located in this State.
(c) One member appointed by the Governor who is a resident of a county whose population is less than 100,000.
(d) One member who is the superintendent of a school district in a county whose population is 700,000 or more.
(e) One member who is the superintendent of a school district in a county whose population is 100,000 or more but less than 700,000.
(f) One member , who is not a Legislator, appointed by the Majority Leader of the Senate.
(g) One member , who is not a Legislator, appointed by the Speaker of the Assembly.
(h) One member , who is not a Legislator, appointed by the Minority Leader of the Senate.
(i) One member , who is not a Legislator, appointed by the Minority Leader of the Assembly.
(j) Four members appointed to the Commission pursuant to subsection 2.
2. The members of the Commission appointed pursuant to paragraphs (a) to (i), inclusive, of subsection 1 shall, at the first meeting of the Commission, appoint to the Commission four additional voting members:
(a) One of whom must be a member of the state advisory group appointed by the Governor pursuant to 34 U.S.C. § 11133 and operating in this State as the Juvenile Justice Commission under the Division of Child and Family Services of the Department of Health and Human Services;
κ2019 Statutes of Nevada, Page 4509 (CHAPTER 636, AB 235)κ
this State as the Juvenile Justice Commission under the Division of Child and Family Services of the Department of Health and Human Services;
(b) One of whom must be a representative of business and industry with a vested interest in supporting mentorship programs in this State; and
(c) Two members between the ages of 16 years and 24 years who have a vested interest in supporting mentorship programs in this State.
3. After the initial terms, each member of the Commission appointed pursuant to subsections 1 and 2 serves a term of [4] 2 years. A member of the Commission may be reappointed [.] , except that no member may serve more than two consecutive terms.
4. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. A member appointed to fill a vacancy shall serve as a member of the Commission for the remainder of the original term of appointment.
5. If a member of the Commission fails to attend two consecutive meetings of the Commission, the Commission shall, within 5 days after the second consecutive meeting that the member fails to attend, provide notice of that fact, in writing, to the appointing authority who appointed that member. Upon receipt of the notice, the appointing authority shall appoint a person to replace the member in the same manner as filling a vacancy on the Commission pursuant to subsection 4.
6. Each member of the Commission:
(a) Serves without compensation; and
(b) While engaged in the business of the Commission, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. The Department shall provide the Commission with such administrative support as is necessary to assist the Commission in carrying out its duties pursuant to NRS 385.780.
Sec. 2. NRS 385.770 is hereby amended to read as follows:
385.770 1. At the first meeting of each calendar year, the Commission shall elect from its members a Chair, a Vice Chair and a Secretary and shall adopt the rules and procedures of the Commission.
2. The Commission shall meet at least once each calendar quarter and at other times at the call of the Chair or a majority of its members.
3. A majority of the members of the Commission constitutes a quorum for the transaction of business, and a quorum may exercise any power or authority conferred on the Commission.
4. Except as otherwise provided in NRS 385.780, the Commission may, for the purpose of carrying out the duties of the Commission prescribed by that section:
(a) Appoint committees from its members.
(b) Engage the services of volunteer workers and consultants without compensation.
(c) Enter into a public-private partnership with any business, for-profit organization or nonprofit organization.
(d) Apply for and receive gifts, grants, donations, contributions or other money from any source.
5. [The Commission shall appoint a Mentorship Advisory Council consisting of five members who represent organizations which provide mentorship programs in this State. The members of the Council serve at the pleasure of the Commission.
κ2019 Statutes of Nevada, Page 4510 (CHAPTER 636, AB 235)κ
pleasure of the Commission. If a member of the Council is removed or if the position of a member otherwise becomes vacant, the Commission shall appoint a new member to fill the vacancy at the next regularly scheduled meeting of the Commission. The Council shall advise the Commission on matters of importance relating to mentoring and mentorship programs in this State.
6.] The Commission shall, on or before February 1 of each year, prepare and submit a report outlining the activities and recommendations of the Commission to:
(a) The Governor; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the Legislature or to the Legislative Commission if the Legislature is not in regular session.
Sec. 3. NRS 385.780 is hereby amended to read as follows:
385.780 1. The Commission shall, within the scope of its duties, support and facilitate mentorship programs in this State for the purpose of addressing issues relating to education, health, criminal justice and employment with respect to children who reside in this State. The Commission shall:
(a) Establish model guidelines and parameters for existing mentorship programs, including, without limitation:
(1) The development of a model management plan setting forth guidelines for the operation of mentorship programs and strategic goals and benchmarks to measure the success of a mentorship program.
(2) The process for identifying children in need of mentorship and geographic areas of need within this State. Such a process must include, without limitation, consideration of children who:
(I) Are disproportionately at risk of being deprived of the opportunity to develop and maintain a competitive position in the economy.
(II) Are disproportionately at risk of failing to make adequate yearly progress in a school in this State.
(III) Have been involved with the system of juvenile justice in this State, either as a victim or as an offender.
(IV) Have been involved with the criminal justice system, either as a victim or as an offender.
(V) Are in the child welfare system.
(b) Develop a model financial plan that provides for the sustainability and financial stability of mentorship programs, including, without limitation:
(1) The development of a resource plan to provide for diversified fundraising.
(2) The identification of potential sources of revenue to fund the hiring of the coordinator for mentorship programs in this State, as required by paragraph (e).
(3) The identification of potential sources of revenue to fund the hiring of administrative support staff for mentorship programs in this State.
(4) The development, in coordination with the Office of Grant Procurement, Coordination and Management of the Department of Administration of a plan for seeking gifts, grants, donations and contributions from any source for the purpose of carrying out a mentorship program.
κ2019 Statutes of Nevada, Page 4511 (CHAPTER 636, AB 235)κ
(5) The identification of potential strategic private partners to assist in the implementation and continuation of mentorship programs.
(6) The development of public relations and marketing campaigns for the purpose of increasing public awareness regarding existing mentorship programs and the value of mentorship programs.
(c) Develop model protocols for the recruitment, screening, training, matching, monitoring and support of mentors.
(d) Develop model protocols for the effective management of mentors, mentees and matches under mentorship programs, including, without limitation, protocols for the introduction of a mentor to a mentee and closure of the relationship between a mentor and a mentee.
(e) Within the limits of legislative appropriations, employ a coordinator for mentorship programs in this State. The Commission shall work in consultation with the Department of Education to provide direction and guidance for the coordinator.
(f) Within the limits of legislative appropriations, develop a competitive grants program to award grants of money to mentorship programs in this State. In coordination with the Office of Grant Procurement, Coordination and Management of the Department of Administration, the Commission shall:
(1) Administer the grants program;
(2) Establish guidelines for the submission and review of applications to receive grants from the program; and
(3) Consider and approve or disapprove applications for grants from the program.
2. As used in this section, child means a person 24 years of age or younger.
Sec. 3.3. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Mentoring created by NRS 385.760, as amended by section 1 of this act, the sum of $101,000 for the purpose of initiating an affiliate process to support the work of the Commission.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 3.6. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Mentoring created by NRS 385.760, as amended by section 1 of this act, the sum of $5,000 for expenses related to planning and hosting a statewide conference on mentoring.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
κ2019 Statutes of Nevada, Page 4512 (CHAPTER 636, AB 235)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 3.8. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Mentoring created by NRS 385.760, as amended by section 1 of this act, for the purpose of awarding grants of money to mentorship programs in accordance with the provisions of NRS 385.780, as amended by section 3 of this act, the following sums:
For the Fiscal Year 2019-2020............................................................ $25,000
For the Fiscal Year 2020-2021............................................................ $25,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 4. 1. Notwithstanding the provisions of NRS 385.760, the terms of all members of the Nevada Advisory Commission on Mentoring created by NRS 385.760 who are serving on July 1, 2019, expire on that date.
2. As soon as practicable after July 1, 2019, but not later than October 1, 2019, the appointing authorities set forth in paragraphs (a) to (k), inclusive, of subsection 1 of NRS 385.760, as amended by section 1 of this act, shall appoint members to the Commission.
3. At the first meeting of the Commission on or after October 1, 2019, and after the appointment of 4 voting members to the Commission pursuant to subsection 2 of NRS 385.760, as amended by section 1 of this act, the members shall choose their term of office by lot, in the following manner:
(a) Five members for terms of 1 year; and
(b) Four members for terms of 2 years.
Sec. 5. This act becomes effective on July 1, 2019.
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