[Rev. 9/10/2021 11:33:55 AM]
κ2021 Statutes of Nevada, Page 2409κ
Assembly Bill No. 393Committee on Judiciary
CHAPTER 389
[Approved: June 4, 2021]
AN ACT relating to criminal justice; requiring the Executive Director of the Department of Sentencing Policy to assist the Nevada Sentencing Commission in carrying out certain duties; revising provisions relating to certain reports prepared by the Commission; authorizing the Commission to adopt qualifications for members of the Nevada Local Justice Reinvestment Coordinating Council; revising provisions concerning reports of presentence investigations; revising provisions relating to parolees and probationers; removing and replacing certain obsolete terminology; revising provisions concerning the embezzlement of a vehicle and certain marijuana-related offenses; authorizing the Attorney General to investigate and prosecute any criminal offense committed by a city officer or employee in certain circumstances; repealing provisions relating to inquiries to determine probable cause when a probationer is in custody for a violation of a condition of probation; repealing provisions requiring the Chief Parole and Probation Officer of the Division of Parole and Probation of the Department of Public Safety to adopt standards to assist in formulating a recommendation concerning the granting of probation or the revocation of parole or probation; providing penalties; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Nevada Sentencing Commission (hereinafter Commission) to develop a formula to calculate the amount of costs avoided by the State each fiscal year as a result of the enactment of Assembly Bill No. 236 of the 2019 Legislative Session, which made various changes to criminal law and criminal procedure. Existing law requires the Commission to: (1) use the formula each fiscal year to calculate the costs avoided by the State during the immediately preceding fiscal year; and (2) prepare a biennial report containing the projected amount of costs avoided for the next biennium and recommendations for the reinvestment of the amount of those costs. (NRS 176.01347) Section 1 of this bill requires the Executive Director of the Department of Sentencing Policy to assist the Commission in carrying out such requirements relating to the use of the formula and the preparation of a biennial report. Section 5 of this bill makes a conforming change to require the Commission to carry out such duties with the assistance of the Department of Sentencing Policy (hereinafter Department).
Existing law imposes various duties on the Commission, including a requirement that the Commission, with the assistance of the Department, prepare a biennial report that includes the Commissions recommended changes pertaining to sentencing, its findings and any recommendations for proposed legislation and submit the report to the Governor and the Legislature. (NRS 176.0134) Existing law also requires the Commission to prepare and submit a biennial report to the Governor, the Legislature and the Chief Justice of the Nevada Supreme Court that includes recommendations for improvements, changes and budgetary adjustments. The Commission is also authorized to include in the report additional recommendations for future legislation and policy options to enhance public safety and control corrections costs. (NRS 176.01343) Section 2 of this bill combines such requirements so the Commission is required to prepare one biennial report that is submitted to the Governor, the Legislature and the Chief Justice of the Nevada Supreme Court.
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Legislature and the Chief Justice of the Nevada Supreme Court. Section 2 establishes the information to be included in such a report, and section 4 of this bill makes a conforming change to remove the language referencing the additional report.
Existing law establishes the Nevada Local Justice Reinvestment Coordinating Council (hereinafter Council), consisting of members appointed by the governing bodies of counties. (NRS 176.014) Section 6 of this bill authorizes the Commission to adopt any qualifications that a person must meet before being appointed as a member of the Council and requires each member of the Council to meet any such qualifications.
Existing law provides that a defendant convicted of a sexual offense and sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision if, among other criteria, the offender has been determined to be not likely to pose a threat to the safety of others. (NRS 176.0931) Existing law requires such a determination to be made by a person professionally qualified to conduct psychosexual evaluations who meets certain statutory requirements, including being licensed in this State. (NRS 176.0931, 176.133) Section 6.5 of this bill allows such a determination to be made by any licensed, clinical professional who has received training in the treatment of sexual offenders.
Existing law requires that reports of presentence investigations include certain specific information and any other information the court requires. (NRS 176.145) Section 7 of this bill removes the provision concerning other information the court requires to provide uniformity in the information contained in reports of presentence investigations.
Existing law requires the Chief Parole and Probation Officer of the Division of Parole and Probation of the Department of Public Safety (hereinafter Chief) to adopt standards to assist in formulating a recommendation concerning the granting of probation to an eligible convicted person or the revocation of parole or probation of a convicted person. (NRS 213.10988) Existing law also requires a court to consider such standards and the recommendation of the Chief in determining whether to grant probation to an eligible convicted person. (NRS 176A.100) Section 35 of this bill repeals the provision requiring the Chief to adopt such standards, and sections 9 and 15 of this bill accordingly remove the requirement that a court consider such standards when determining whether to grant probation to an eligible convicted person.
Existing law requires an inquiry to determine probable cause to be conducted before a probationer who is in custody for a violation of a condition of probation is returned to court for the violation and establishes provisions relating to such an inquiry. (NRS 176A.580-176A.610) Existing law authorizes the Chief to order such a probationer to be placed in residential confinement instead of detention in a county jail pending such an inquiry. (NRS 176A.530) Section 35 repeals such provisions, and sections 13, 14 and 20 of this bill make conforming changes to remove references to such an inquiry.
Existing law requires the Division of Parole and Probation of the Department of Public Safety (hereinafter Division) to adopt a written system of graduated sanctions for parole and probation officers to use when a parolee or probationer commits a technical violation of parole or probation, as applicable. (NRS 176A.510) Section 12 of this bill removes references to parole and parolees from such provisions to make the provisions applicable only to probation and probationers, and section 21 of this bill establishes a new section that applies only to parole and parolees. Sections 22 and 27 of this bill make conforming changes to indicate the placement of section 21 within the Nevada Revised Statutes. Existing law also generally requires the Division to administer a risk and needs assessment to each parolee and probationer under the supervision of the Division for the purpose of establishing a level of supervision and develop an individualized case plan for each parolee and probationer.
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(NRS 213.1078) Section 23 of this bill removes references to probation and probationers from such provisions to make the provisions applicable only to parole and parolees, and section 8 of this bill establishes a new section that applies only to probation and probationers.
Sections 3, 10, 11, 13, 16-18, 24-26 and 28-31 of this bill remove the use of the obsolete terms intensive supervision and strict supervision in the Nevada Revised Statutes with regard to the supervision of probationers and parolees and replace such terms with the term enhanced supervision.
Existing law provides that there is a reasonable inference that a person has embezzled a vehicle if the person leased or rented the vehicle and willfully and intentionally failed to return the vehicle to its owner within 72 hours after the lease or rental agreement expired. (NRS 205.312) Existing law provides that a person who is guilty of embezzlement is punished in the manner prescribed by law for the stealing or larceny of property of the kind and name of the money, goods, property or effects taken, converted, stolen used or appropriated. (NRS 205.300) Existing law also provides that a person who commits an offense involving a stolen vehicle is guilty of a category C felony and is additionally required to pay restitution. (NRS 205.273) Section 19 of this bill specifies that a person who is convicted of embezzling a vehicle is also guilty of a category C felony and is additionally required to pay restitution.
Existing law generally provides that a person who is convicted of the possession of 1 ounce or less of marijuana is guilty of a misdemeanor for the first or second offense, a gross misdemeanor for the third offense and a category E felony for the fourth or subsequent offense, and 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, 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis is guilty of a category C felony. (NRS 453.336, 453.339) Existing law exempts a person who is 21 years of age or older from state prosecution for the possession, delivery of production of 1 ounce or less of usable cannabis or one-eighth of an ounce of concentrated cannabis. (NRS 678D.200) Section 32 of this bill generally provides that a person who is convicted of the possession of more than 1 ounce, but less than 50 pounds, of marijuana or more than one-eighth of an ounce, but less than one pound, of concentrated cannabis, is guilty of a category E felony.
Existing law authorizes the Attorney General to investigate and prosecute any criminal offense committed by a county officer or employee in the course of his or her duties or arising out of circumstances related to his or her position in certain circumstances when the district attorney of the county does not act in the matter. (NRS 228.177) Section 31.5 of this bill authorizes the Attorney General to investigate and prosecute any criminal offense committed by a county officer or employee or a city officer or employee in the course of his or her duties or arising out of circumstances related to his or her position in certain circumstances when the district attorney of the county or the city attorney, as applicable, does not act in the matter.
Section 33 of this bill provides that the amendatory provisions of sections 19 and 32 apply to an offense committed: (1) on or after July 1, 2021; and (2) before July 1, 2021, if the person is sentenced on or after July 1, 2021. Section 33 also provides that the amendatory provisions of section 31.5 apply to an offense committed: (1) on or after the effective date of section 31.5; and (2) before the effective date of section 31.5 if the applicable statute of limitations has not expired on the effective date of section 31.5.
Section 32.5 of this bill makes an appropriation to the Department of Sentencing Policy for personnel costs related to data management.
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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 176.01327 is hereby amended to read as follows:
176.01327 The Executive Director appointed pursuant to NRS 176.01323 shall:
1. Oversee all of the functions of the Department.
2. Serve as Executive Secretary of the Sentencing Commission without additional compensation.
3. Report to the Sentencing Commission on sentencing and related issues regarding the functions of the Department and provide such information to the Sentencing Commission as requested.
4. Assist the Sentencing Commission in determining necessary and appropriate recommendations to assist in carrying out the responsibilities of the Department.
5. Establish the budget for the Department.
6. Facilitate the collection and aggregation of data from the courts, Department of Corrections, Division of Parole and Probation of the Department of Public Safety and any other agency of criminal justice.
7. Identify variables or sets of data concerning criminal justice that are not currently collected or shared across agencies of criminal justice within this State.
8. Assist in preparing and submitting the comprehensive report required to be prepared by the Sentencing Commission pursuant to subsection 11 of NRS 176.0134.
9. Assist the Sentencing Commission in carrying out its duties pursuant to subsections 2 and 3 of NRS 176.01347 relating to the calculation of the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, Statutes of Nevada 2019, and the preparation of a report containing the projected amount of such costs for the next biennium and recommendations for the reinvestment of the amount of the costs.
10. Take any other actions necessary to carry out the powers and duties of the Sentencing Commission pursuant to NRS 176.0131 to 176.014, inclusive.
Sec. 2. NRS 176.0134 is hereby amended to read as follows:
176.0134 The Sentencing Commission shall:
1. Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements of this States system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.
2. Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of [intensive] supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
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3. Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, without limitation, the following:
(a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.
(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.
(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.
(d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.
(e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.
(f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offenders acts before, during and after commission of the offense.
4. Facilitate the development and maintenance of a statewide sentencing database in collaboration with state and local agencies, using existing databases or resources where appropriate.
5. Provide training regarding sentencing and related issues, policies and practices, and act as a sentencing policy resource for this State.
6. Evaluate the impact of pretrial, sentencing diversion, incarceration and postrelease supervision programs.
7. Identify potential areas of sentencing disparity related to race, gender and economic status.
8. Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts. If such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.
9. Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.
10. Provide recommendations and advice to the Executive Director concerning the administration of the Department, including, without limitation:
(a) Receiving reports from the Executive Director and providing advice to the Executive Director concerning measures to be taken by the Department to ensure compliance with the duties of the Sentencing Commission.
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(b) Reviewing information from the Department regarding sentencing of offenders in this State.
(c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.
(d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.
(e) Advising the Executive Director concerning any required reports and reviewing drafts of such reports.
(f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the Sentencing Commission.
(g) Providing advice and recommendations to the Executive Director on any other matter.
11. For each regular session of the Legislature, with the assistance of the Department, prepare a comprehensive report including [:] the Sentencing Commissions:
(a) [The Sentencing Commissions recommended] Recommended changes pertaining to sentencing; [and]
(b) [The Sentencing Commissions findings and any recommendations] Findings;
(c) Recommendations for proposed legislation [.] ;
(d) Identification of outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraphs (a), (b) and (c) of subsection 1 of NRS 176.01343;
(e) Identification of trends observed after the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraph (d) of subsection 1 of NRS 176.01343;
(f) Identification of gaps in the States data tracking capabilities related to the criminal justice system and recommendations for filling any such gaps as required pursuant to paragraph (e) of subsection 1 of NRS 176.01343;
(g) Recommendations for improvements, changes and budgetary adjustments; and
(h) Additional recommendations for future legislation and policy options to enhance public safety and control corrections costs.
12. Submit the report prepared pursuant to subsection 11 not later than January 15 of each odd-numbered year to:
(a) The Office of the Governor; [and]
(b) The Director of the Legislative Counsel Bureau for distribution to the Legislature [not later than January 1 of each odd-numbered year.] ; and
(c) The Chief Justice of the Nevada Supreme Court.
Sec. 3. NRS 176.0134 is hereby amended to read as follows:
176.0134 The Sentencing Commission shall:
1. Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements of this States system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.
2. Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of enhanced supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
κ2021 Statutes of Nevada, Page 2415 (CHAPTER 389, AB 393)κ
imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
3. Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, without limitation, the following:
(a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.
(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.
(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.
(d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.
(e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.
(f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offenders acts before, during and after commission of the offense.
4. Facilitate the development and maintenance of a statewide sentencing database in collaboration with state and local agencies, using existing databases or resources where appropriate.
5. Provide training regarding sentencing and related issues, policies and practices, and act as a sentencing policy resource for this State.
6. Evaluate the impact of pretrial, sentencing diversion, incarceration and postrelease supervision programs.
7. Identify potential areas of sentencing disparity related to race, gender and economic status.
8. Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts. If such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.
9. Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.
κ2021 Statutes of Nevada, Page 2416 (CHAPTER 389, AB 393)κ
10. Provide recommendations and advice to the Executive Director concerning the administration of the Department, including, without limitation:
(a) Receiving reports from the Executive Director and providing advice to the Executive Director concerning measures to be taken by the Department to ensure compliance with the duties of the Sentencing Commission.
(b) Reviewing information from the Department regarding sentencing of offenders in this State.
(c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.
(d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.
(e) Advising the Executive Director concerning any required reports and reviewing drafts of such reports.
(f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the Sentencing Commission.
(g) Providing advice and recommendations to the Executive Director on any other matter.
11. For each regular session of the Legislature, with the assistance of the Department, prepare a comprehensive report including the Sentencing Commissions:
(a) Recommended changes pertaining to sentencing;
(b) Findings;
(c) Recommendations for proposed legislation;
(d) Identification of outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraphs (a), (b) and (c) of subsection 1 of NRS 176.01343;
(e) Identification of trends observed after the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraph (d) of subsection 1 of NRS 176.01343;
(f) Identification of gaps in the States data tracking capabilities related to the criminal justice system and recommendations for filling any such gaps as required pursuant to paragraph (e) of subsection 1 of NRS 176.01343;
(g) Recommendations for improvements, changes and budgetary adjustments; and
(h) Additional recommendations for future legislation and policy options to enhance public safety and control corrections costs.
12. Submit the report prepared pursuant to subsection 11 not later than January 15 of each odd-numbered year to:
(a) The Office of the Governor;
(b) The Director of the Legislative Counsel Bureau for distribution to the Legislature; and
(c) The Chief Justice of the Nevada Supreme Court.
Sec. 4. NRS 176.01343 is hereby amended to read as follows:
176.01343 1. The Sentencing Commission shall:
(a) Track and assess outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, including, without limitation, the following data from the Department of Corrections:
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(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.
(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 chapter 633, Statutes of Nevada 2019, with respect to the following data, which the Division shall collect and report to the Sentencing Commission:
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(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;
(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 chapter 633, Statutes of Nevada 2019, 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 chapter 633, Statutes of Nevada 2019, as calculated pursuant to NRS 176.01347; 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 chapter 633, Statutes of Nevada 2019, 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
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(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 NRS 176A.510.
(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.
Sec. 5. NRS 176.01347 is hereby amended to read as follows:
176.01347 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 chapter 633, Statutes of Nevada 2019. 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 , with the assistance of the Department, 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 chapter 633, Statutes of Nevada 2019, 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 , with the assistance of the Department, prepare a report containing the projected amount of costs avoided by this State for the next biennium because of the enactment of chapter 633, Statutes of Nevada 2019, 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 Sentencing Commission shall prioritize providing financial support to:
κ2021 Statutes of Nevada, Page 2420 (CHAPTER 389, AB 393)κ
(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 programs 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 NRS 289.675;
(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 NRS 176.014 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. 6. NRS 176.014 is hereby amended to read as follows:
176.014 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.
2. Each member of the Council must be appointed by the governing body of the applicable county [.] and must meet any qualifications adopted by the Sentencing Commission pursuant to subsection 7. 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 Chapter 633, Statutes of Nevada 2019, 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.
κ2021 Statutes of Nevada, Page 2421 (CHAPTER 389, AB 393)κ
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.
7. The Sentencing Commission may adopt any qualifications that a person must meet before being appointed as a member of the Council.
Sec. 6.5. NRS 176.0931 is hereby amended to read as follows:
176.0931 1. If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.
3. A person sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550, inclusive;
(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the persons last conviction or release from incarceration, whichever occurs later; and
(c) The person is not likely to pose a threat to the safety of others, as determined by a [person professionally qualified to conduct psychosexual evaluations,] licensed, clinical professional who has received training in the treatment of sexual offenders, if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550, inclusive.
5. As used in this section:
(a) Offense that poses a threat to the safety or well-being of others includes, without limitation:
(1) An offense that involves:
(I) A victim less than 18 years of age;
(II) A crime against a child as defined in NRS 179D.0357;
(III) A sexual offense as defined in NRS 179D.097;
(IV) A deadly weapon, explosives or a firearm;
(V) The use or threatened use of force or violence;
(VI) Physical or mental abuse;
(VII) Death or bodily injury;
(VIII) An act of domestic violence;
κ2021 Statutes of Nevada, Page 2422 (CHAPTER 389, AB 393)κ
(IX) Harassment, stalking, threats of any kind or other similar acts;
(X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
(2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(b) [Person professionally qualified to conduct psychosexual evaluations has the meaning ascribed to it in NRS 176.133.
(c)] Sexual offense means:
(1) 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;
(2) An attempt to commit an offense listed in subparagraph (1); or
(3) 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.
Sec. 7. 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;
(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;
κ2021 Statutes of Nevada, Page 2423 (CHAPTER 389, AB 393)κ
(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 any evaluation or assessment of the defendant conducted pursuant to NRS 176A.240, 176A.260, 176A.280 or 484C.300; and
(g) 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
(h) Such other information as may be required by the court.]
2. 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.
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. 8. Chapter 176A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, the Division shall administer a risk and needs assessment to each probationer under the Divisions supervision. The results of the risk and needs assessment must be used to set a level of supervision for each probationer and to develop individualized case plans pursuant to subsection 4. 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, on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall 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 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.
3. The provisions of 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
(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.
4. The Division shall develop an individualized case plan for each probationer. 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.
κ2021 Statutes of Nevada, Page 2424 (CHAPTER 389, AB 393)κ
applicable, and the list of responsivity factors that will need to be considered and addressed for each probationer.
5. 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:
(a) The supervising officer shall notify the court of the finding; and
(b) The court may modify the terms and conditions of probation pursuant to subsection 1 of NRS 176A.450.
6. 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. 9. 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 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. 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] Enhanced Supervision established pursuant to NRS 176A.440.
κ2021 Statutes of Nevada, Page 2425 (CHAPTER 389, AB 393)κ
a term of imprisonment, grant probation pursuant to the Program of [Intensive] Enhanced Supervision established pursuant to NRS 176A.440.
[5.] 4. 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. 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.] 5. 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. 10. NRS 176A.310 is hereby amended to read as follows:
176A.310 1. The court shall set the conditions of a program of probation secured by a surety bond. The conditions must be appended to and made part of the bond. The conditions may include, but are not limited to, any one or more of the following:
(a) Submission to periodic tests to determine whether the probationer is using any controlled substance or alcohol.
(b) Participation in a program for the treatment of the use of a controlled substance or alcohol or a program for the treatment of any other impairment.
(c) Participation in a program of professional counseling, including, but not limited to, counseling for the family of the probationer.
(d) Restrictions or a prohibition on contact or communication with witnesses or victims of the crime committed by the probationer.
(e) A requirement to obtain and keep employment.
(f) Submission to a Program of [Intensive] Enhanced Supervision.
(g) Restrictions on travel by the probationer outside the jurisdiction of the court.
(h) Payment of restitution.
(i) Payment of fines and court costs.
(j) Supervised community service.
(k) Participation in educational courses.
2. A surety shall:
(a) Provide the facilities or equipment necessary to:
(1) Perform tests to determine whether the probationer is using any controlled substance or alcohol, if the court requires such tests as a condition of probation;
(2) Carry out a Program of [Intensive] Enhanced Supervision, if the court requires such a Program as a condition of probation; and
(3) Enable the probationer to report regularly to the surety.
(b) Notify the court within 24 hours after the surety has knowledge of a violation of or a failure to fulfill a condition of the program of probation.
3. A probationer participating in a program of probation secured by a surety bond shall:
(a) Report regularly to the surety; and
(b) Pay the fee charged by the surety for the execution of the bond.
κ2021 Statutes of Nevada, Page 2426 (CHAPTER 389, AB 393)κ
Sec. 11. NRS 176A.440 is hereby amended to read as follows:
176A.440 1. The Chief Parole and Probation Officer shall develop a program for the [intensive] enhanced supervision of a person granted probation pursuant to subsection [4] 3 of NRS 176A.100.
2. The Program of [Intensive] Enhanced Supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationers location, including, but not limited to, the transmission of still visual images which do not concern the probationers activities, and producing, upon request, reports or records of the probationers presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the probationers activities,
Κ must not be used.
Sec. 12. NRS 176A.510 is hereby amended to read as follows:
176A.510 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.
κ2021 Statutes of Nevada, Page 2427 (CHAPTER 389, AB 393)κ
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. 13. NRS 176A.540 is hereby amended to read as follows:
176A.540 1. [The] Except as otherwise provided in subsection 4, the Chief Parole and Probation Officer may order the residential confinement of a probationer if the Chief Parole and Probation Officer believes that the probationer poses no danger to the community and will appear at a scheduled [inquiry or] court hearing.
2. In ordering the residential confinement of a probationer, the Chief Parole and Probation Officer shall:
(a) Require the probationer to be confined to the probationers residence during the time the probationer is away from any employment, community service or other activity authorized by the Division; and
(b) Require [intensive] enhanced supervision of the probationer, including, without limitation, unannounced visits to the probationers residence or other locations where the probationer is expected to be to determine whether the probationer is complying with the terms of confinement.
3. An electronic device approved by the Division may be used to supervise a probationer who is ordered to be placed in residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationers location, including, but not limited to, the transmission of still visual images which do not concern the probationers activities, and producing, upon request, reports or records of the probationers presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
κ2021 Statutes of Nevada, Page 2428 (CHAPTER 389, AB 393)κ
or records of the probationers presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the probationers activities,
Κ must not be used.
4. The Chief Parole and Probation Officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.
5. Any residential confinement must not extend beyond the unexpired maximum term of the original sentence.
Sec. 14. NRS 176A.560 is hereby amended to read as follows:
176A.560 1. The Chief Parole and Probation Officer may terminate the residential confinement of a probationer and order the detention of the probationer in a county jail pending [an inquiry or] a court hearing if:
(a) The probationer violates the terms or conditions of the residential confinement; or
(b) The Chief Parole and Probation Officer, in his or her discretion, determines that the probationer poses a danger to the community or that there is a reasonable doubt that the probationer will appear at the [inquiry or] hearing.
2. A probationer has no right to dispute a decision to terminate the residential confinement.
Sec. 15. 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 [,] and consider the [standards adopted pursuant to NRS 213.10988 and] system of graduated sanctions adopted pursuant to NRS 176A.510, [as] if 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. 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:
κ2021 Statutes of Nevada, Page 2429 (CHAPTER 389, AB 393)κ
(a) Continue or revoke the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
(c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;
(d) Cause the sentence imposed to be executed; or
(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 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 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
κ2021 Statutes of Nevada, Page 2430 (CHAPTER 389, AB 393)κ
(b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.
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. 16. NRS 176A.660 is hereby amended to read as follows:
176A.660 1. [If] Except as otherwise provided in subsection 4, if a person who has been placed on probation violates a condition of probation, the court may order the person to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.
2. In ordering the person to a term of residential confinement, the court shall:
(a) Direct that the person be placed under the supervision of the Division and require:
(1) The person to be confined to the persons residence during the time the person is away from any employment, community service or other activity authorized by the Division; and
κ2021 Statutes of Nevada, Page 2431 (CHAPTER 389, AB 393)κ
(2) [Intensive] Enhanced supervision of the person, including, without limitation, unannounced visits to the persons residence or other locations where the person is expected to be in order to determine whether the person is complying with the terms of confinement; or
(b) If the person was placed on probation for a felony conviction, direct that the person be placed under the supervision of the Department of Corrections and require the person to be confined to a facility or institution of the Department for a period not to exceed 6 months. The Department may select the facility or institution in which to place the person.
3. An electronic device approved by the Division may be used to supervise a person ordered to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons location, including, but not limited to, the transmission of still visual images which do not concern the persons activities, and producing, upon request, reports or records of the persons presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the persons activities,
Κ must not be used.
4. The court shall not order a person to a term of residential confinement unless the person agrees to the order.
5. A term of residential confinement may not be longer than the unexpired maximum term of a sentence imposed by the court.
6. As used in this section:
(a) Facility has the meaning ascribed to it in NRS 209.065.
(b) Institution has the meaning ascribed to it in NRS 209.071.
Sec. 17. NRS 4.3762 is hereby amended to read as follows:
4.3762 1. Except as otherwise provided in subsection 7, in lieu of imposing any punishment other than a minimum sentence required by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the convicted person to be confined to his or her residence during the time the convicted person is away from his or her employment, public service or other activity authorized by the justice of the peace; and
(b) Require [intensive] enhanced supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his or her residence or other locations where the convicted person is expected to be to determine whether the convicted person is complying with the terms of his or her sentence.
3. In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:
κ2021 Statutes of Nevada, Page 2432 (CHAPTER 389, AB 393)κ
(a) 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
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the person, including, but not limited to, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the persons presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the person,
Κ must not be used.
5. An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.
6. A term of residential confinement, together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
7. The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.
8. The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 18. NRS 5.076 is hereby amended to read as follows:
5.076 1. Except as otherwise provided in subsection 7, in lieu of imposing any punishment other than a minimum sentence required by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the convicted person to be confined to his or her residence during the time the convicted person is away from his or her employment, public service or other activity authorized by the municipal judge; and
(b) Require [intensive] enhanced supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his or her residence or other locations where the convicted person is expected to be in order to determine whether the convicted person is complying with the terms of his or her sentence.
κ2021 Statutes of Nevada, Page 2433 (CHAPTER 389, AB 393)κ
3. In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:
(a) 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
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the person, including, but not limited to, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the persons presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the person,
Κ must not be used.
5. An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.
6. A term of residential confinement, together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
7. The municipal judge shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the municipal judge makes a finding that the person is not likely to pose a threat to the victim of the battery.
8. The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 19. NRS 205.312 is hereby amended to read as follows:
205.312 1. Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, that person may reasonably be inferred to have embezzled the vehicle.
2. A person who is convicted of embezzling a vehicle pursuant to subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 20. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.453, inclusive, unless the context otherwise requires:
κ2021 Statutes of Nevada, Page 2434 (CHAPTER 389, AB 393)κ
1. Offender includes:
(a) A person who is convicted of a felony under the laws of this State and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this State and assigned to the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.
2. Residential confinement means the confinement of a person convicted of a felony to his or her place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS [176A.530] 176A.540 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 21. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
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 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 parole.
6. The Division may not seek revocation of parole for a technical violation of the conditions of 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 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.
κ2021 Statutes of Nevada, Page 2435 (CHAPTER 389, AB 393)κ
7. 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;
(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. 22. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 21 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.
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.
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
κ2021 Statutes of Nevada, Page 2436 (CHAPTER 389, AB 393)κ
(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.
9. Standards means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec. 23. NRS 213.1078 is hereby amended to read as follows:
213.1078 1. Except as otherwise provided in [subsections] subsection 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 and] parolee and to develop individualized case plans pursuant to subsection [6.] 4. 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, on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall 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 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.
3. The provisions of 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
(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.
4.] Except as otherwise provided in subsection [5,] 3, on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall 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 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.
[5.] 3. The provisions of subsections 1 and [4] 2 are not applicable if the level of supervision for the parolee is set by the Board or by law.
[6.] 4. 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.
κ2021 Statutes of Nevada, Page 2437 (CHAPTER 389, AB 393)κ
8.] 5. 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,] 2, 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.] 6. 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. 24. 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.
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 enhanced supervision developed by the Chief pursuant to NRS 213.122.
κ2021 Statutes of Nevada, Page 2438 (CHAPTER 389, AB 393)κ
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.
Sec. 25. NRS 213.122 is hereby amended to read as follows:
213.122 The Chief shall develop a statewide plan for the [strict] enhanced supervision of parolees released pursuant to NRS 213.1215. In addition to such other provisions as the Chief deems appropriate, the plan must provide for the supervision of such parolees by assistant parole and probation officers whose caseload allows for enhanced supervision of the parolees under their charge unless, because of the remoteness of the community to which the parolee is released, enhanced supervision is impractical.
Sec. 26. NRS 213.124 is hereby amended to read as follows:
213.124 1. Upon the granting of parole to a prisoner, the Board may require the parolee to submit to a program of [intensive] enhanced supervision as a condition of his or her parole.
κ2021 Statutes of Nevada, Page 2439 (CHAPTER 389, AB 393)κ
2. The Chief shall develop a program for the [intensive] enhanced supervision of parolees required to submit to such a program pursuant to subsection 1. The program must include an initial period of electronic supervision of the parolee with an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolees location, including, but not limited to, the transmission of still visual images which do not concern the parolees activities, and producing, upon request, reports or records of the parolees presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the parolees activities,
Κ must not be used.
Sec. 27. NRS 213.150 is hereby amended to read as follows:
213.150 The Board may:
1. Make and enforce regulations covering the conduct of paroled prisoners.
2. Retake or cause to be retaken and imprisoned any prisoner so upon parole, subject to the procedures prescribed in NRS 213.151 to 213.1519, inclusive [.] , and section 21 of this act.
Sec. 28. NRS 213.15193 is hereby amended to read as follows:
213.15193 1. Except as otherwise provided in [subsection] subsections 4 and 6, the Chief may order the residential confinement of a parolee if the Chief believes that the parolee does not pose a danger to the community and will appear at a scheduled [inquiry or] hearing.
2. In ordering the residential confinement of a parolee, the Chief shall:
(a) Require the parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and
(b) Require [intensive] enhanced supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be to determine whether the parolee is complying with the terms of his or her confinement.
3. An electronic device approved by the Division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the parolee, including, without limitation, the transmission of still visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolees presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the parolee,
Κ must not be used.
4. The Chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.
5. Any residential confinement must not extend beyond the unexpired maximum term of the original sentence of the parolee.
κ2021 Statutes of Nevada, Page 2440 (CHAPTER 389, AB 393)κ
6. The Chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the Chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
Sec. 29. NRS 213.152 is hereby amended to read as follows:
213.152 1. Except as otherwise provided in [subsection] subsections 5 and 7, if a parolee violates a condition of his or her parole, the Board may order the parolee to a term of residential confinement in lieu of suspending his or her parole and returning the parolee to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the Board shall:
(a) Require:
(1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and
(2) [Intensive] Enhanced supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be in order to determine whether the parolee is complying with the terms of his or her confinement; or
(b) Require the parolee to be confined to a facility or institution of the Department of Corrections for a period not to exceed 6 months. The Department may select the facility or institution in which to place the parolee.
3. An electronic device approved by the Division may be used to supervise a parolee ordered to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the parolee, including, but not limited to, the transmission of still visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolees presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the parolee,
Κ must not be used.
4. A parolee who is confined to a facility or institution of the Department of Corrections pursuant to paragraph (b) of subsection 2:
(a) May earn credits to reduce his or her sentence pursuant to chapter 209 of NRS; and
(b) Shall not be deemed to be released on parole for purposes of NRS 209.447 or 209.4475 during the period of that confinement.
5. The Board shall not order a parolee to a term of residential confinement unless the parolee agrees to the order.
6. A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.
κ2021 Statutes of Nevada, Page 2441 (CHAPTER 389, AB 393)κ
7. The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
8. As used in this section:
(a) Facility has the meaning ascribed to it in NRS 209.065.
(b) Institution has the meaning ascribed to it in NRS 209.071.
Sec. 30. NRS 213.1528 is hereby amended to read as follows:
213.1528 The Board shall establish procedures to administer a program of enhanced supervision for parolees who are ordered to a term of residential confinement pursuant to NRS 213.152.
Sec. 31. NRS 213.380 is hereby amended to read as follows:
213.380 1. The Division shall establish procedures for the residential confinement of offenders.
2. The Division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the Division shall:
(a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community, unless the offender is assigned to the custody of the Division pursuant to NRS 209.3923 or 209.3925;
(b) Require the offender to be confined to his or her residence during the time the offender is not:
(1) Engaged in employment or an activity listed in paragraph (a) that is authorized by the Division;
(2) Receiving medical treatment that is authorized by the Division; or
(3) Engaged in any other activity that is authorized by the Division; and
(c) Require [intensive] enhanced supervision of the offender, including unannounced visits to his or her residence or other locations where the offender is expected to be in order to determine whether the offender is complying with the terms and conditions of his or her confinement.
3. An electronic device approved by the Division may be used to supervise an offender. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the offenders location, including, but not limited to, the transmission of still visual images which do not concern the offenders activities, and producing, upon request, reports or records of the offenders presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the offenders activities,
Κ must not be used.
Sec. 31.5. NRS 228.177 is hereby amended to read as follows:
228.177 1. As used in this section [county] :
(a) City officer or employee means an elected officer of a city or any city officer or employee who is compensated from a city treasury.
(b) County officer or employee means an elected officer of a county or any county officer or employee who is compensated from a county treasury.
κ2021 Statutes of Nevada, Page 2442 (CHAPTER 389, AB 393)κ
2. The Attorney General may investigate and prosecute any criminal offense committed by a county officer or employee or a city officer or employee in the course of his or her duties or arising out of circumstances related to his or her position, if:
(a) The district attorney of the county or the city attorney, as applicable, has stated in writing to the Attorney General that he or she does not intend to act in the matter; or
(b) The Attorney General has inquired in writing of the district attorney or the city attorney, as applicable, whether he or she intends to act in the matter and:
(1) The Attorney General has not received a written response within 30 days after the district attorney or the city attorney, as applicable, received the inquiry; or
(2) The district attorney or the city attorney, as applicable, responds in writing that he or she intends to act in the matter, but an [information or] indictment is not found or an information or complaint is not filed , as applicable, within 90 days after the response.
3. When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action with leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.
4. An [information or] indictment , information or complaint may not be dismissed on the ground that the district attorney or the city attorney, as applicable, or the Attorney General has not complied with this section.
Sec. 32. NRS 453.336 is hereby amended to read as follows:
453.336 1. Except as otherwise provided in subsection [5,] 6, 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 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 or 453.339, a person who violates this section:
(a) For 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, 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 NRS 176.211, 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, 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.
κ2021 Statutes of Nevada, Page 2443 (CHAPTER 389, AB 393)κ
(c) If the controlled substance is listed in schedule 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 C felony as provided in NRS 193.130.
(d) If the controlled substance is listed in schedule 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 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 10 years and by a fine of not more than $50,000.
(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) Assigned to a program of treatment and rehabilitation pursuant to NRS 176A.230 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 176A.230 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. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of more than 1 ounce, but less than 50 pounds, of marijuana or more than one-eighth of an ounce, but less than one pound, of concentrated cannabis is guilty of a category E felony and shall be punished as provided in NRS 193.130.
6. 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.
κ2021 Statutes of Nevada, Page 2444 (CHAPTER 389, AB 393)κ
[6.] 7. The court may grant probation to or suspend the sentence of a person convicted of violating this section.
[7.] 8. 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. 32.5. 1. There is hereby appropriated from the State General Fund to the Department of Sentencing Policy for personnel costs related to data management the following sums:
For the Fiscal Year 2021-2022...................................................... $75,345
For the Fiscal Year 2022-2023...................................................... $96,987
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 16, 2022, and September 15, 2023, 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 16, 2022, and September 15, 2023, respectively.
Sec. 33. The amendatory provisions of:
1. Sections 19 and 32 of this act apply to an offense committed:
(a) On or after July 1, 2021; and
(b) Before July 1, 2021, if the person is sentenced on or after July 1, 2021.
2. Section 31.5 of this act apply to an offense committed:
(a) On or after the effective date of section 31.5 of this act; and
(b) Before the effective date of section 31.5 of this act if the applicable statute of limitations has commenced but has not yet expired on the effective date of section 31.5 of this act.
Sec. 34. 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. 35. NRS 176A.530, 176A.580, 176A.590, 176A.600, 176A.610 and 213.10988 are hereby repealed.
Sec. 36. 1. This section and sections 1, 2, 4 to 6.5, inclusive, 31.5, 33 and 34 of this act become effective upon passage and approval.
2. Sections 3, 7 to 31, inclusive, 32, 32.5 and 35 of this act become effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2445κ
Assembly Bill No. 427Committee on Judiciary
CHAPTER 390
[Approved: June 4, 2021]
AN ACT relating to public safety; revising provisions relating to the revocation of the license, permit or privilege of a driver; revising provisions concerning the issuance of a restricted drivers license; authorizing the Department of Motor Vehicles to issue an ignition interlock privilege to certain persons in lieu of a restricted drivers license; establishing provisions concerning ignition interlock devices; requiring the Director of the Department of Public Safety to establish the Ignition Interlock Program and adopt rules and regulations necessary to carry out the Program; establishing the Account for the Ignition Interlock Program; requiring the Department of Public Safety to adopt regulations establishing certain reasonable fees relating to ignition interlock devices; transferring certain duties from the Committee on Testing for Intoxication to the Department of Public Safety; revising various provisions concerning offenders who commit a violation of driving under the influence of alcohol or a prohibited substance; revising provisions relating to the statewide sobriety and drug monitoring program; authorizing a person who commits a first violation within 7 years of driving under the influence of alcohol or a prohibited substance to be sentenced to residential confinement in lieu of imprisonment; revising provisions relating to certain programs of treatment established by courts; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles (hereinafter Department), after receiving a record of a drivers final conviction of certain offenses, to revoke the license, permit or privilege of the driver for a period of 185 days, 1 year or 3 years, depending on the offense committed. (NRS 483.460) Section 5 of this bill additionally requires the Department to make such a revocation for a period of either 3 or 5 years for offenses relating to driving without or tampering with an ignition interlock device.
Existing law establishes the circumstances in which the Department is authorized to issue a restricted drivers license to a person whose license has been suspended or revoked, which enables the person to drive to and from certain places for certain purposes. (NRS 483.490) Existing law also requires a court to order certain persons to install for a certain period, depending on the offense committed, an ignition interlock device in any motor vehicle that the person operates as a condition to obtaining such a restricted license. (NRS 484C.210, 484C.460) Section 28 of this bill requires a court to order certain persons to install an ignition interlock device for a period of 185 days, 1 year or 3 years, depending on the offense committed, which aligns such periods with the periods of the revocation of persons license, permit or privilege to drive under section 5. Section 7 of this bill requires the Department to issue an ignition interlock privilege in lieu of a restricted drivers license to such persons who have been ordered by the court to install an ignition interlock device after such persons provide proof of compliance with the order. Section 7 also provides that any person for whom a court has provided an exception relating to the installation of an ignition interlock device is eligible for a restricted drivers license while participating in and complying with the requirements of the statewide sobriety and drug monitoring program.
κ2021 Statutes of Nevada, Page 2446 (CHAPTER 390, AB 427)κ
program. Section 14 of this bill requires a court to give day-for-day credit to certain persons who install an ignition interlock device before the court orders the installation if such persons provide proof satisfactory to the court that the ignition interlock device was installed.
Section 7 provides that a person who violates any condition of an ignition interlock privilege is guilty of a misdemeanor and shall be punished by: (1) imprisonment in jail for not less than 30 days or more than 6 months, or by serving a term of residential confinement for not less than 60 days or more than 6 months; and (2) a fine of not less than $500 and not more than $1,000. Section 6 of this bill additionally authorizes the Department to suspend the license of a driver without a preliminary hearing upon a sufficient showing that he or she failed to comply with the conditions of the issuance of an ignition interlock privilege.
Section 11 of this bill requires the Director of the Department of Public Safety to establish the Ignition Interlock Program and adopt rules and regulations that are necessary to carry out the Program. Section 11 also establishes the Account for the Ignition Interlock Program and requires the Director or his or her designee to administer the Account, which can only be used to pay the expenses of the Program and must be funded by fees charged by the Department of Public Safety relating to ignition interlock devices. Section 11 requires the Department of Public Safety to adopt regulations establishing reasonable fees for: (1) the certification, recertification and reinstatement of the certification of manufacturers and vendors of ignition interlock devices; (2) the installation of an ignition interlock device by such manufacturers and vendors; and (3) repeat violations relating to an ignition interlock device.
Existing law requires the Committee on Testing for Intoxication to adopt regulations relating to ignition interlock devices. (NRS 484C.480) Section 31 of this bill transfers such a responsibility to the Department of Public Safety and requires that such regulations provide for the certification of manufacturers and vendors of ignition interlock devices to allow such manufacturers and vendors to conduct business in this State.
Existing law requires a police officer to seize the drivers license or permit of a person who fails to submit to a preliminary breath test to determine the concentration of alcohol in his or her breath at the request of the police officer. (NRS 484C.150) Section 13 of this bill removes such a requirement.
Existing law requires that certain offenders be evaluated before being sentenced to determine whether the offender has an alcohol or other substance use disorder and can be successfully treated for the disorder, and requires the person conducting the evaluation to forward the results of the evaluation to the Director of the Department of Corrections. (NRS 484C.300) Section 17 of this bill provides that if the offender is assigned to any specialty court or diversionary program, the person conducting the evaluation is instead required to forward the results of the evaluation to the court having jurisdiction over the offender.
Existing law authorizes a person who is found guilty of a first or second violation within 7 years of driving under the influence of alcohol or a prohibited substance to apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 6 months or 1 year, respectively. The court is required to authorize the treatment if the offender satisfies certain requirements, including if the offender has served or will serve a term of imprisonment in jail of 1 day or 5 days, respectively. If the offender satisfactorily completes the treatment, his or her sentence will be reduced to a term of imprisonment that is no longer than the applicable 1-day or 5-day period. (NRS 484C.320, 484C.330) Sections 18 and 19 of this bill, respectively, instead provide that such a term of imprisonment must be not less than 1 day or 5 days, as applicable.
Existing law also authorizes a person who pleads guilty or nolo contendere to a third violation within 7 years of driving under the influence of alcohol or a prohibited substance to apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for a period of at least 3 years. If the court grants the application for treatment, the court is required to advise the offender that the court may order him or her to be admitted to a residential treatment facility or be provided with outpatient treatment in the community.
κ2021 Statutes of Nevada, Page 2447 (CHAPTER 390, AB 427)κ
may order him or her to be admitted to a residential treatment facility or be provided with outpatient treatment in the community. (NRS 484C.340) Section 20 of this bill removes such an option for outpatient treatment. Section 20 also requires that as a condition of participating in a program of treatment, the offender must be placed under a system of active electronic monitoring and pay any costs associated with his or her participation under the system of active electronic monitoring. Section 20 provides that a person who intentionally removes or disables or attempts to remove or disable in an unlawful manner an electronic monitoring device placed on an offender is guilty of a gross misdemeanor.
Existing law enacts the Nevada 24/7 Sobriety and Drug Monitoring Program Act, which generally establishes a statewide sobriety and drug monitoring program that provides for the frequent testing of persons assigned to the program to determine the presence of alcohol or a prohibited substance in their system. (NRS 484C.372-484C.397) A court is authorized to assign an offender to the program who is found guilty of a second or third violation within 7 years of driving under the influence of alcohol or a prohibited substance. (NRS 484C.394) Sections 23-26 and 45 of this bill make various changes to the program. Section 23 requires a participant in the program to be subject to: (1) testing to determine the presence of alcohol in his or her system either at a designated testing location at least twice each day or by using any other method approved under federal regulations; and (2) if appropriate, random testing to determine the presence of a prohibited substance in his or her system at least two times each week using any method approved under federal regulations. Section 23 also provides that any person who uses alcohol or a prohibited substance while assigned to the program or fails or refuses to undergo required testing must be subject to an immediate sanction unless the approved testing method used does not allow for the imposition of an immediate sanction, in which case the person must be subject to a timely sanction. Section 22.5 of this bill revises the definition of the term timely sanction. Section 23 additionally removes a provision allowing other testing methodologies to be used in cases of economic hardship or when a participant is rewarded with less stringent testing requirements. Section 45 repeals certain provisions that have been included in or are amended by section 23. Section 24 of this bill authorizes a person who was arrested or found guilty, as applicable, of a first, second or third violation within 7 years of driving under the influence of alcohol or a prohibited substance to be assigned to the program as a condition of pretrial release, a sentence, or suspension of sentence or probation. Section 24 requires a person who committed: (1) a first violation within 7 years of driving under the influence of alcohol or a controlled substance to participate in the program for not less than 90 days; and (2) a second or third violation within 7 years of driving under the influence of alcohol or a prohibited substance to participate in the program for not less than 1 year or 18 months, respectively, and receive an assessment of whether the person has an alcohol or other substance use disorder and any appropriate treatment. If any such repeat offender successfully completes the program, his or her sentence will be reduced, but the minimum mandatory term of imprisonment the person serves must not be less than 5 or 10 days, respectively. Section 26 of this bill specifies that if rewards are given to participants in the program who meet certain standards of compliance, such a reward cannot include undergoing less frequent testing than that which is required.
Existing law generally provides that a person who commits a first violation within 7 years of driving under the influence of alcohol or a prohibited substance must be sentenced to imprisonment for not less than 2 days and not more than 6 months in jail, and a person who commits a second violation within 7 years of driving under the influence of alcohol or a prohibited substance must be sentenced to imprisonment in jail or residential confinement for not less than 10 days and not more than 6 months. (NRS 484C.400) Section 27 of this bill authorizes a person who commits a first violation within 7 years of driving under the influence of alcohol or a prohibited substance to be sentenced to residential confinement in lieu of being sentenced to imprisonment in jail. Section 27 also provides that a person who commits a third violation within 7 years of driving under the influence of alcohol or a prohibited substance may be ordered to attend a program of treatment for an alcohol or other substance use disorder if the person has been evaluated and the results of the evaluation indicate that the person has such a disorder and can be treated successfully for the condition.
κ2021 Statutes of Nevada, Page 2448 (CHAPTER 390, AB 427)κ
substance may be ordered to attend a program of treatment for an alcohol or other substance use disorder if the person has been evaluated and the results of the evaluation indicate that the person has such a disorder and can be treated successfully for the condition.
Existing law authorizes a court to establish a program for the treatment of veterans and members of the military to which certain eligible defendants may be assigned. (NRS 176A.280) If the defendant was charged with a violation of certain provisions of law, including driving under the influence of alcohol or a prohibited substance, the court is authorized to conditionally dismiss the charges against the defendant upon his or her fulfillment of the terms and conditions of the program. (NRS 176A.290) Not sooner than 7 years after the charges are conditionally dismissed, the records relating to the case can be sealed by court order. (NRS 176A.295) Section 37 of this bill additionally authorizes the court to set aside the judgment of conviction against such a defendant, if applicable, and provides that any judgment of conviction that is set aside is a conviction for certain purposes, including for the purpose of additional penalties imposed for second or subsequent convictions. Section 38 of this bill authorizes the records relating to the case to be sealed by court order not sooner than 7 years after the judgment of conviction is set aside.
Existing law also authorizes a court to establish a program for the treatment of alcohol or other substance use disorders and a program for the treatment of mental illness or intellectual disabilities to which certain eligible defendants may be assigned. (NRS 176A.230, 176A.250) Sections 33-36 of this bill establish provisions that mirror the provisions in sections 37 and 38 and authorize: (1) a court to conditionally dismiss the charges or set aside the judgment of conviction against a defendant who was charged with a violation of certain provisions of law, including driving under the influence of alcohol or a prohibited substance, upon the defendants fulfillment of the terms and conditions of the respective program; and (2) the records relating to such a case to be sealed by court order not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside. Sections 33 and 35 of this bill also specify that any charge that is conditionally dismissed or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions.
Section 39 of this bill provides that the provisions of law which prohibit a person who was convicted of a violation of driving under the influence of alcohol or a prohibited substance that is punishable as a felony from being able to petition the court to seal the records relating to such a conviction must not be construed to preclude certain persons from petitioning the court for the sealing of records.
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. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and NRS 483.420 to 483.525, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Ignition interlock device has the meaning ascribed to it in section 9 of this act.
Sec. 4. Ignition interlock privilege has the meaning ascribed to it in section 10 of this act.
Sec. 5. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
κ2021 Statutes of Nevada, Page 2449 (CHAPTER 390, AB 427)κ
receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 185 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.
(b) For a period of 1 year if the offense is:
(1) Except as otherwise provided in paragraph (c), any manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, and sections 2, 3 and 4 of this act, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484C.110 or 484C.120.
(6) A violation of NRS 484B.550.
(c) For a period of 3 years if the offense is:
(1) A first violation of driving without an ignition interlock device or tampering with an ignition interlock device pursuant to subsection 2 of NRS 484C.470 and the driver is not eligible for a restricted license or an ignition interlock privilege during any of that period.
(2) A violation of subsection 9 of NRS 484B.653.
[(2)] (3) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.
[(3)] (4) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.
[(4)] (5) A violation of NRS 484C.430 or 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.
Κ The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.
[(b) For a period of 1 year if the offense is:
(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.
κ2021 Statutes of Nevada, Page 2450 (CHAPTER 390, AB 427)κ
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484B.550.
(c)] (d) For a period of [not less than 185 days,] 5 years if the offense is a [first] second or subsequent violation [within 7 years of NRS 484C.110 or 484C.120.] of driving without an ignition interlock device or tampering with an ignition interlock device pursuant to subsection 2 of NRS 484C.470 and the driver is not eligible for a restricted license or an ignition interlock privilege during any of that period.
2. The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.
4. [The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his or her first such offense during the period of required use of the device.
(b) For 5 years, if it is his or her second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.
6.] In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the courts order.
[7. As used in this section, device has the meaning ascribed to it in NRS 484C.450.]
Sec. 6. NRS 483.470 is hereby amended to read as follows:
483.470 1. The Department may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
κ2021 Statutes of Nevada, Page 2451 (CHAPTER 390, AB 427)κ
(b) Has been involved as a driver in any crash resulting in the death or personal injury of another or serious property damage;
(c) Is physically or mentally incompetent to drive a motor vehicle;
(d) Has permitted an unlawful or fraudulent use of his or her license;
(e) Has committed an offense in another state which if committed in this State would be grounds for suspension or revocation; or
(f) Has failed to comply with the conditions of issuance of a restricted license [.] or an ignition interlock privilege.
2. Upon suspending the license of any person as authorized in this section, the Department shall immediately notify the person in writing, and upon his or her request shall afford the person an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein the person resides unless the person and the Department agree that the hearing may be held in some other county. The Administrator, or an authorized agent thereof, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing. Upon the hearing, the Department shall either rescind its order of suspension or, for good cause, extend the suspension of the license or revoke it.
Sec. 7. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in this section, after a drivers license has been suspended or revoked [for an offense other than a violation of NRS 484C.110,] and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension or revocation prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his or her work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.
Κ Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.
2. [A person who is required to install a device in a motor vehicle pursuant to NRS 484C.210 or 484C.460:
(a) Shall install the device not later than 14 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:
(I) A violation of NRS 484C.430 or 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; or
(II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420; or
(2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 9 of NRS 484B.653.
κ2021 Statutes of Nevada, Page 2452 (CHAPTER 390, AB 427)κ
3. If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460 or following an order of revocation issued pursuant to NRS 484C.220, the Department shall not issue a restricted drivers license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
4.] If the drivers license of a person assigned to a program established pursuant to NRS 484C.392 is suspended or revoked, the Department may [, after verifying the proof of compliance submitted pursuant to subsection 3, if applicable,] issue a restricted drivers license to [such] an applicant that is valid while he or she is [a participant] participating in and complying with the requirements of the program and that permits the applicant to drive a motor vehicle:
(a) To and from a testing location established by a designated law enforcement agency pursuant to NRS 484C.393;
(b) If applicable, to and from work or in the course of his or her work, or both;
(c) To and from court appearances;
(d) To and from counseling; or
(e) To receive regularly scheduled medical care for himself or herself.
[5.] 3. Except as otherwise provided in NRS 62E.630, after a drivers license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148, the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her work, or both; or
(b) If applicable, to and from school.
[6.] 4. After a drivers license has been suspended pursuant to NRS 483.443, the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her work, or both;
(b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
[7.] 5. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or [4 or by another jurisdiction] 2 is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:
(a) A violation of NRS 484C.110, 484C.210 or 484C.430;
(b) 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; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),
Κ the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
[8.] 6. The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
κ2021 Statutes of Nevada, Page 2453 (CHAPTER 390, AB 427)κ
[9.] 7. Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
8. Any person for whom a court provides an exception relating to the installation of an ignition interlock device pursuant to subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is eligible for a restricted drivers license under this section while the person is participating in and complying with the requirements of a program established pursuant to NRS 484C.392.
9. If the Department receives a copy of an order requiring a person to install an ignition interlock device in a motor vehicle pursuant to NRS 484C.460, the Department shall issue an ignition interlock privilege to the person after he or she submits proof of compliance with the order. A person who is required to install an ignition interlock device pursuant to NRS 484C.210 or 484C.460 shall install the device not later than 14 days after the date on which the order was issued. A driver who violates any condition of an ignition interlock privilege issued pursuant to this subsection is guilty of a misdemeanor and shall be punished in the same manner provided in subsection 2 of NRS 483.560 for driving a vehicle while a drivers license is cancelled, revoked or suspended.
Sec. 8. Chapter 484C of NRS is hereby amended by adding thereto the provisions set forth as sections 9, 10 and 11 of this act.
Sec. 9. Ignition interlock device means a mechanism that:
1. Tests a persons breath to determine the concentration of alcohol in his or her breath; and
2. If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevents the motor vehicle in which it is installed from starting.
Sec. 10. Ignition interlock privilege means a license issued by the Department which authorizes the holder to operate a motor vehicle that has an ignition interlock device installed.
Sec. 11. 1. The Director of the Department of Public Safety shall:
(a) Establish the Ignition Interlock Program; and
(b) Adopt rules and regulations which are necessary to carry out the Program.
2. The Director may contract for the provision of services necessary for the Program.
3. The Account for the Ignition Interlock Program is hereby created as a special account in the State Highway Fund. The Director, or his or her designee, shall administer the Account.
4. The Account must be funded through the fees established by regulation pursuant to subsection 7. The money in the Account may only be used to pay the expenses of the Program, including, without limitation:
(a) Enforcement activities relating to driving under the influence of alcohol or a prohibited substance;
(b) The creation and maintenance of a case management statistical tracking system;
(c) An on-site audit program;
(d) Treatment assistance;
(e) Educational programs and training for law enforcement officers; and
(f) Outreach programs.
κ2021 Statutes of Nevada, Page 2454 (CHAPTER 390, AB 427)κ
5. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
6. Any money remaining in the Account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year.
7. The Department of Public Safety shall adopt regulations to establish a fee schedule that includes reasonable fees for:
(a) The certification of manufacturers and vendors of ignition interlock devices;
(b) The annual recertification of manufacturers and vendors of ignition interlock devices;
(c) The reinstatement of the certification of manufacturers and vendors of ignition interlock devices;
(d) The installation of an ignition interlock device by manufacturers and vendors of ignition interlock devices; and
(e) Repeat violations relating to an ignition interlock device.
Sec. 12. NRS 484C.010 is hereby amended to read as follows:
484C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484C.020 to 484C.105, inclusive, and sections 9 and 10 of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 484C.150 is hereby amended to read as follows:
484C.150 1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the request of a police officer at the scene of a vehicle crash or where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.
2. If the person fails to submit to the test, the officer shall [:
(a) Seize the license or permit of the person to drive as provided in NRS 484C.220; and
(b) If] , if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 484C.160.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 14. NRS 484C.210 is hereby amended to read as follows:
484C.210 1. If a person fails to submit to an evidentiary test as requested by a police officer pursuant to NRS 484C.160, the license, permit or privilege to drive of the person must be revoked as provided in NRS 484C.220, and the person is not eligible for a license, permit or privilege to drive for a period of:
(a) One year; or
(b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.
2. If the result of a test given under NRS 484C.150 or 484C.160 shows that a person had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of [90] 185 days.
κ2021 Statutes of Nevada, Page 2455 (CHAPTER 390, AB 427)κ
blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of [90] 185 days.
3. [Except as otherwise provided in subsection 1, at] At any time while a person is not eligible for a license, permit or privilege to drive following a revocation under subsection 1 or 2 , [which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath,] the person shall install, at his or her own expense, [a] an ignition interlock device in any motor vehicle which the person operates as a condition to obtaining [a restricted license] an ignition interlock privilege pursuant to NRS 483.490.
4. The Department may provide for an exception to the requirements of subsection 3 and issue a restricted license pursuant to subsection 1 of NRS 483.490 if the Department determines that the person is not a repeat intoxicated driver, as that term is defined in 23 C.F.R. § 1275.3(k), and:
(a) The person is unable to provide a deep lung breath sample for analysis by an ignition interlock device, as certified in writing by a physician or an advanced practice registered nurse of the person; or
(b) The person resides more than 100 miles from a manufacturer of an ignition interlock device or its agent.
5. If a revocation of a persons license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 2 which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which the person was not eligible for a license, permit or privilege.
[5.] 6. If an order to install [a] an ignition interlock device pursuant to NRS 62E.640 or 484C.460 follows the installation of [a] an ignition interlock device pursuant to subsection 3, the court [may] shall give the person day-for-day credit for any period during which the person [installed a] can provide proof satisfactory to the court that he or she had an ignition interlock device installed as a condition to obtaining [a restricted license.] an ignition interlock privilege.
[6.] 7. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.
[7. As used in this section, device has the meaning ascribed to it in NRS 484C.450.]
Sec. 15. NRS 484C.220 is hereby amended to read as follows:
484C.220 1. As agent for the Department, the officer who requested that a test be given pursuant to NRS 484C.150 or 484C.160 or who obtained the result of a test given pursuant to NRS 484C.150 or 484C.160 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who failed to submit to a test requested by the police officer pursuant to NRS [484C.150 or] 484C.160 or who has a concentration of alcohol of 0.08 or more in his or her blood or breath or has a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, if that person is present, and shall seize the license or permit to drive of the person.
κ2021 Statutes of Nevada, Page 2456 (CHAPTER 390, AB 427)κ
drive of the person. The officer shall then, unless the information is expressly set forth in the order of revocation, advise the person of his or her right to administrative and judicial review of the revocation pursuant to NRS 484C.230 and, except as otherwise provided in this subsection, that the person has a right to request a temporary license. The officer shall also, unless the information is expressly set forth in the order of revocation, advise the person that he or she is required to install [a] an ignition interlock device pursuant to NRS 484C.210. If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484C.230, the person is not entitled to request an additional temporary license pursuant to this section or NRS 484C.230, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue the person a temporary license on a form approved by the Department if the person requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the persons license or permit to the Department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a drivers license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his or her blood or breath or had a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, if any, a written certificate that the officer had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle:
(a) With a concentration of alcohol of 0.08 or more in his or her blood or breath or with a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, as determined by a chemical test; or
(b) While under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine and the person refused to submit to a required evidentiary test.
Κ The certificate must also indicate whether the officer served an order of revocation on the person and whether the officer issued the person a temporary license.
3. The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the persons license, permit or privilege to drive by mailing the order to the person at the persons last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order must also [indicate that] state whether the person is required to install [a] an ignition interlock device pursuant to NRS 484C.210.
κ2021 Statutes of Nevada, Page 2457 (CHAPTER 390, AB 427)κ
that] state whether the person is required to install [a] an ignition interlock device pursuant to NRS 484C.210. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484C.230 is sufficient if it is mailed to the persons last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
[5. As used in this section, device has the meaning ascribed to it in NRS 484C.450.]
Sec. 16. NRS 484C.230 is hereby amended to read as follows:
484C.230 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484C.220, the person may request in writing a hearing by the Department to review the order of revocation, but the person is only entitled to one hearing. The hearing must be conducted as soon as is practicable at any location, if the hearing officer permits each party and witness to attend the hearing by telephone, videoconference or other electronic means. The Director or agent of the Director may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. Unless the person is ineligible for a temporary license pursuant to NRS 484C.220, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review. A person who is issued a temporary license is not subject to and is exempt during the period of the administrative review from the requirement to install [a] an ignition interlock device pursuant to NRS 484C.210.
2. The scope of the hearing must be limited to the issue of whether the person:
(a) Failed to submit to a required test provided for in NRS [484C.150 or] 484C.160; or
(b) At the time of the test, had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080.
Κ Upon an affirmative finding on either issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the person whose license, permit or privilege to drive has been revoked shall, if not previously installed, install [a] an ignition interlock device pursuant to NRS 484C.210.
4. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review. A person who is issued a temporary license is not subject to and is exempt during the period of the judicial review from the requirement to install [a] an ignition interlock device pursuant to NRS 484C.210.
κ2021 Statutes of Nevada, Page 2458 (CHAPTER 390, AB 427)κ
a temporary license is not subject to and is exempt during the period of the judicial review from the requirement to install [a] an ignition interlock device pursuant to NRS 484C.210.
5. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to the persons last known address.
[6. As used in this section, device has the meaning ascribed to it in NRS 484C.450.]
Sec. 17. NRS 484C.300 is hereby amended to read as follows:
484C.300 1. Before sentencing an offender for a violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410, other than an offender who has been evaluated pursuant to NRS 484C.340, or a violation of NRS 484C.130 or 484C.430, the court shall require that the offender be evaluated to determine whether the offender has an alcohol or other substance use disorder and whether the offender can be treated successfully for the condition.
2. The evaluation must be conducted by:
(a) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make such an evaluation;
(b) A physician who is certified to make such an evaluation by the Board of Medical Examiners;
(c) An advanced practice registered nurse who is certified to make such an evaluation by the State Board of Nursing; or
(d) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.
3. The alcohol and drug counselor, clinical alcohol and drug counselor, physician, advanced practice registered nurse or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections [.] or, if the offender is assigned to any specialty court or diversionary program, to the court having jurisdiction over the offender.
Sec. 18. 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 an alcohol or other substance use disorder for at least 6 months. The court shall authorize that treatment if:
(a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:
(1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis;
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or
(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;
(b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and
κ2021 Statutes of Nevada, Page 2459 (CHAPTER 390, AB 427)κ
(c) The offender has served or will serve a term of imprisonment in jail of not less than 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 an alcohol or other substance use disorder. 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:
(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] not less than [that provided for the offense in paragraph (c) of subsection 1] 1 day 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 [.] for the period prescribed by law.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, 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.
κ2021 Statutes of Nevada, Page 2460 (CHAPTER 390, AB 427)κ
Sec. 19. 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 an alcohol or other substance use disorder for at least 1 year. The court shall authorize that treatment if:
(a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:
(1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis;
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or
(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;
(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 not less than 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.
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] not less than [that provided for the offense in paragraph (c) of subsection 1] 5 days 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 [.]
κ2021 Statutes of Nevada, Page 2461 (CHAPTER 390, AB 427)κ
subsection 1] 5 days 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 [.] for the period prescribed by law.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, 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. 20. 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 an alcohol or other substance use disorder for at least 3 years. The court may authorize that treatment if:
(a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:
(1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis;
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;
(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing; 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 counselor, a clinical alcohol and drug counselor, a physician or an advanced practice registered nurse who diagnoses an offender as a person with an alcohol or other substance use disorder 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 an alcohol or other substance use disorder 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.
κ2021 Statutes of Nevada, Page 2462 (CHAPTER 390, AB 427)κ
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 an alcohol or other substance use disorder 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 176A.230 to 176A.245, inclusive, except that the court:
(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) Be placed under a system of active electronic monitoring, through the Division, that is capable of identifying the offenders location and producing, upon request, reports or records of the offenders presence near or within, or departure from, a specified geographic location and pay any costs associated with the offenders participation under the system of active electronic monitoring;
(c) Install, at his or her own expense, [a] an ignition interlock device for not less than 12 months;
[(c)] (d) Not drive any vehicle unless it is equipped with [a] an ignition interlock device;
[(d)] (e) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and
[(e)] (f) 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 an alcohol or other substance use disorder 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;
κ2021 Statutes of Nevada, Page 2463 (CHAPTER 390, AB 427)κ
(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. An offender placed under a system of active electronic monitoring pursuant to paragraph (b) of subsection 6 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by the court or the Division with regard to the offenders participation under the system of active electronic monitoring.
9. Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on an offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
10. As used is this section, [device has the meaning ascribed to it in NRS 484C.450.] Division means the Division of Parole and Probation of the Department of Public Safety.
Sec. 21. NRS 484C.360 is hereby amended to read as follows:
484C.360 1. When a program of treatment is ordered pursuant to NRS 484C.340 or [paragraph (a) or (b) of] subsection 1 of NRS 484C.400, the court shall place the offender under the clinical supervision of a treatment provider for treatment in accordance with the report submitted to the court pursuant to NRS 484C.340 or subsection 3, 4, 5 or 6 of NRS 484C.350, as appropriate. The court shall:
(a) Order the offender to be placed under the supervision of a treatment provider, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
Κ for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment provider to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his or her financial resources, to pay any charges for treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain the treatment from a treatment provider that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment provider is not liable for any damages to person or property caused by a person who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,
κ2021 Statutes of Nevada, Page 2464 (CHAPTER 390, AB 427)κ
Κ after the treatment provider has certified that the offender has successfully completed a program of treatment ordered pursuant to NRS 484C.340 or [paragraph (a) or (b) of] subsection 1 of NRS 484C.400.
Sec. 22. (Deleted by amendment.)
Sec. 22.5. NRS 484C.390 is hereby amended to read as follows:
484C.390 Timely sanction means a sanction that is able to be applied as soon as possible [, but not later than 14 days,] after the results of testing indicate the presence of alcohol or a prohibited substance in a program participants system.
Sec. 23. NRS 484C.392 is hereby amended to read as follows:
484C.392 1. There is hereby established a statewide sobriety and drug monitoring program in which any political subdivision in this State may elect to participate.
2. The [core components of the] program established pursuant to subsection 1 must [include the use of a primary testing methodology that tests for the presence of alcohol or a prohibited substance in a program participants system, best facilitates the ability to apply immediate sanctions for noncompliance and is available at an affordable cost. In cases of economic hardship or when a program participant is rewarded with less stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized.] meet the federal definition of 24-7 sobriety program in 23 C.F.R. § 1300.23(b).
3. [The program must be evidence-based and satisfy at least two of the following requirements:
(a) The program is included in the National Registry of Evidence-based Programs and Practices;
(b) The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or
(c) The program has been documented as effective by informed experts and other sources.
4. The core components of] Any person who is assigned to the program [that generally require testing] :
(a) Must abstain from alcohol and prohibited substances while assigned to the program.
(b) Must be subject to:
(1) Testing to determine the presence of alcohol in [a persons] his or her system [not less than two times] :
(I) At least twice each day [and random] at a testing location established by a designated law enforcement agency pursuant to NRS 484C.393; or
(II) By using any other approved method set forth in the federal definition of 24-7 sobriety program in 23 C.F.R. § 1300.23(b).
(2) If appropriate, random testing to determine the presence of a prohibited substance in [a persons] his or her system [not less than] at least two times each week [must not be altered or modified.] , using any approved method set forth in the federal definition of 24-7 sobriety program in 23 C.F.R. § 1300.23(b).
(c) Must be subject to lawful and consistent sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, incarceration. Any such sanction must be an immediate sanction or, if the approved testing method being used pursuant to paragraph (b) does not allow for the imposition of an immediate sanction, a timely sanction.
κ2021 Statutes of Nevada, Page 2465 (CHAPTER 390, AB 427)κ
(d) Is eligible for a restricted drivers license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program if the drivers license of the person is suspended or revoked.
Sec. 24. NRS 484C.394 is hereby amended to read as follows:
484C.394 1. A court may, as a condition of pretrial release, a sentence, a suspension of sentence or probation, assign an offender who is arrested for or found guilty of, as applicable, a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 484C.400 to the program established pursuant to NRS 484C.392 . [for a specified period determined by the court.]
2. If the court assigns an offender to the program 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, the court:
(a) Shall immediately sentence the offender in accordance with NRS 484C.400 and enter judgment accordingly.
(b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for not less than 90 days.
(c) Shall advise the offender that:
(1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court will require the offender to serve the sentence imposed by the court. The sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.
(2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the sentencing conditions, including, without limitation, the mandatory period of imprisonment or community service, will be reduced, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law.
(3) The offender is eligible for a restricted drivers license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program.
(d) May immediately revoke the suspension of sentence for a violation of a condition of suspension.
3. If the court assigns an offender to the program 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, the court:
(a) Shall immediately sentence the offender in accordance with NRS 484C.400 and enter judgment accordingly.
(b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for [a specified period determined by the court.] not less than 1 year and require that the offender receive an assessment of whether the offender has an alcohol or other substance use disorder and any appropriate treatment.
(c) Shall advise the offender that:
(1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court [may] will require the offender to serve the sentence imposed by the court. [Any] The sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.
κ2021 Statutes of Nevada, Page 2466 (CHAPTER 390, AB 427)κ
(2) [If] Except as otherwise provided in subparagraph (2) of paragraph (c) of subsection 4, if the offender participates in the program for the period determined by the court and complies with the requirements of the program, the offenders sentence will be reduced [to a] , but the minimum mandatory term of imprisonment [which is] must not [longer] be less than [that provided for the offense in paragraph (c) of subsection 1 of NRS 484C.330 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but] 5 days, and the conviction must remain on the record of criminal history of the offender [.] for the period prescribed by law.
(3) The offender is eligible for a restricted drivers license pursuant to subsection [4] 2 of NRS 483.490 [.] while participating in and complying with the requirements of the program.
(d) Shall not defer the sentence, set aside the conviction or impose conditions upon participation in the program except as otherwise provided in this section.
(e) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
[3.] 4. If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:
(a) Shall immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation.
(b) Shall order the offender to participate in the program [.] for not less than 18 months and require that the offender receive an assessment of whether the offender has an alcohol or other substance use disorder and any appropriate treatment.
(c) Shall advise the offender that:
(1) The court [may] will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before participating in the program.
(2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400 [.] and sentence the offender accordingly, but the minimum mandatory term of imprisonment must not be less than 10 days, and the conviction must remain on the record of criminal history of the offender for the period prescribed by law.
(3) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply and the offender is eligible for a restricted drivers license pursuant to subsection [4] 2 of NRS 483.490 [.] while participating in and complying with the requirements of the program.
(d) Shall not defer the sentence or set aside the conviction upon participation in the program, except as otherwise provided in this section.
(e) 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.
[4.] 5. If the court assigns an offender to the program as a condition of pretrial release after his or her arrest for a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, the court shall advise the offender that:
κ2021 Statutes of Nevada, Page 2467 (CHAPTER 390, AB 427)κ
or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, the court shall advise the offender that:
(a) If the offender fails to participate in the program, the court may remand the offender to custody and require bond or other conditions.
(b) The offender is eligible for a restricted drivers license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program.
6. If a court assigns a person to the program pursuant to this section, the court shall notify the Department of Motor Vehicles that as a participant in the program, the person is eligible for a restricted drivers license pursuant to subsection [4] 2 of NRS 483.490. If the person fails to comply with the requirements of the program, the court may notify the Department of Motor Vehicles of the persons noncompliance and direct the Department of Motor Vehicles to revoke the restricted license.
[5.] 7. The Department of Motor Vehicles may adopt any regulations necessary to provide for the issuance of a restricted drivers license to a person assigned to the program.
8. As used in this section, imprisonment means confinement in jail or an inpatient rehabilitation or treatment center or other facility or under house arrest with electronic monitoring, provided the person under confinement or house arrest is in fact being detained.
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 484C.396 is hereby amended to read as follows:
484C.396 Each political subdivision that elects to participate in the program established pursuant to NRS 484C.392 shall adopt guidelines consistent with NRS 484C.372 to 484C.397, inclusive. Such guidelines must:
1. Provide for the nature and manner of testing and the testing procedures and devices to be used.
2. Establish the requirements for compliance with the program, including, without limitation, the immediate sanctions and timely sanctions that may be imposed against a program participant.
3. Establish reasonable participant and testing fees for the program, including, without limitation, fees to pay the cost of installation, monitoring and deactivation of any testing device, and provide for the establishment and use of a local program account for the deposit of any fees collected. The established fees must be as low as possible, but the total amount of the fees and other funds credited to the local program account must defray the entire expense of the program to ensure program sustainability.
4. Provide that a political subdivision may accept gifts, grants, donations and any other form of financial assistance from any source for the purpose of enabling the political subdivision to participate in the program and carry out the provisions of NRS 484C.372 to 484C.397, inclusive.
5. Establish a process for the determination and management of program participants who are indigent.
6. Require and provide for the approval of a program data management technology plan to be used to manage testing, data access, fees, fee payments and any required reports.
7. Require a program participant to sign an agreement:
(a) Acknowledging his or her understanding of the program rules and expectations, including, without limitation, the prohibition against using alcohol or a prohibited substance while assigned to the program, and the sanctions that may be imposed;
(b) Agreeing to abide by the program rules and expectations; and
κ2021 Statutes of Nevada, Page 2468 (CHAPTER 390, AB 427)κ
(c) Authorizing his or her records relating to participation in the program to be used for assessment purposes.
8. Require that program participants who meet certain standards of compliance be given positive feedback and rewarded when appropriate [. Such] , except that such a reward [may] cannot include [, without limitation,] undergoing less frequent testing [.] than that which is required pursuant to subsection 3 of NRS 484C.392.
Sec. 27. NRS 484C.400 is hereby amended to read as follows:
484C.400 1. Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS 484C.394 or 484C.410, a person who violates the provisions of NRS 484C.110 or 484C.120:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to undergo treatment as provided in NRS 484C.320, the court shall:
(1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 3 of NRS 484C.420, order the person to pay tuition for an educational course on alcohol or other substance use disorders approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if the person fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484C.320 [, sentence] :
(I) Sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail [,] or residential confinement for not less than 2 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or
(II) Order the person to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120;
(3) Fine the person not less than $400 nor more than $1,000; and
(4) If the person is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484C.330 , [or the person is assigned to a program pursuant to NRS 484C.394,] the court shall:
(1) Sentence the person to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;
(2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120; and
(3) Order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.
κ2021 Statutes of Nevada, Page 2469 (CHAPTER 390, AB 427)κ
Κ A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) Except as otherwise provided in NRS 484C.340 , [and unless the person is assigned to a program pursuant to NRS 484C.394,] for a third offense within 7 years, is guilty of a category B felony and [shall be punished by] the court:
(1) Shall:
(I) Sentence the 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 6 years [, and shall be further punished by a fine of] ; and
(II) Fine the person not less than $2,000 nor more than $5,000 [.] ; and
(2) May order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360 if the results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has an alcohol or other substance use disorder and that the person can be treated successfully for his or her condition.
Κ An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. 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 or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 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. 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.
3. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
4. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.410 or 485.330 must run consecutively.
κ2021 Statutes of Nevada, Page 2470 (CHAPTER 390, AB 427)κ
5. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
6. For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.
7. As used in this section, unless the context otherwise requires, offense means:
(a) A violation of NRS 484C.110, 484C.120 or 484C.430;
(b) 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; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
Sec. 28. NRS 484C.460 is hereby amended to read as follows:
484C.460 1. Except as otherwise provided in subsections 2 and 5 , [and unless the person is assigned to a program pursuant to NRS 484C.394,] a court shall order a person [convicted of:] to install, at his or her own expense, an ignition interlock device in any motor vehicle which the person operates as a condition to obtaining an ignition interlock privilege pursuant to NRS 483.490 to reinstate the driving privilege of the person:
(a) [Except as otherwise provided in paragraph (b), a violation of paragraph (a), (b) or (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, to install, at his or her own expense and for a period of not less than] For a period of 185 days [, a device in any motor vehicle which] if the person [operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.] is convicted of a first violation within 7 years of NRS 484C.110.
(b) [A violation of:] For a period of 1 year if the person is convicted of a second violation within 7 years of NRS 484C.110.
(c) For a period of 3 years if the person is convicted of:
(1) [NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;
(2)] A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or
[(3)] (2) A violation of NRS 484C.130 or 484C.430 . [,
Κ to install, at his or her own expense and for a period of not less than 12 months or more than 36 months, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.]
2. A court may [, in the interests of justice,] provide for an exception to the provisions of subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, if the court determines that:
κ2021 Statutes of Nevada, Page 2471 (CHAPTER 390, AB 427)κ
(a) The person is unable to provide a deep lung breath sample for [a] analysis by an ignition interlock device, as certified in writing by a physician or an advanced practice registered nurse of the person; or
(b) The person resides more than 100 miles from a manufacturer of [a] an ignition interlock device or its agent.
3. If the court orders a person to install [a] an ignition interlock device pursuant to subsection 1:
(a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that [a] an ignition interlock device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted [as a restriction] on the persons [drivers license.] ignition interlock privilege.
(b) The person who is required to install the ignition interlock device shall provide proof of compliance to the Department before the person may receive [a restricted license or before the driving] an ignition interlock privilege . [of the person may be reinstated, as applicable.] Each model of [a] an ignition interlock device installed pursuant to this section must have been certified by the [Committee on Testing for Intoxication.] Department of Public Safety.
4. A person [whose driving] who obtains an ignition interlock privilege [is restricted] pursuant to this section or NRS 483.490 shall have the ignition interlock device inspected, calibrated, monitored and maintained by the manufacturer of the ignition interlock device or its agent at least one time each 90 days during the period in which the person is required to use the ignition interlock device to determine whether the ignition interlock device is operating properly. Any inspection, calibration, monitoring or maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director of the Department of Public Safety indicating [whether the device is operating properly,] whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether the ignition interlock device has been tampered with. [If the device has been tampered with, the Director and the manufacturer or its agent shall notify the court that ordered the installation of the device. Upon receipt of such notification and before] Before the court imposes a penalty pursuant to subsection 3 of NRS 484C.470, the court shall afford any interested party an opportunity for a hearing after reasonable notice.
5. If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the persons employer, the person may operate that vehicle without the installation of [a] an ignition interlock device, if:
(a) The employee notifies his or her employer that the [employees driving privilege] employee has been [so restricted;] issued an ignition interlock privilege; and
(b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.
Κ This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.
6. The running of the period during which a person is required to have [a] an ignition interlock device installed pursuant to this section commences when the Department issues [a restricted license] an ignition interlock privilege to the person [or reinstates the driving privilege of the person] and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.
κ2021 Statutes of Nevada, Page 2472 (CHAPTER 390, AB 427)κ
privilege to the person [or reinstates the driving privilege of the person] and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.
Sec. 29. NRS 484C.470 is hereby amended to read as follows:
484C.470 1. The court may extend the order of a person who is required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460, [not] to [exceed] one-half of the period during which the person is required to have [a] an ignition interlock device installed, if the court receives from the Director of the Department of Public Safety or the manufacturer of the ignition interlock device or its agent a report that 4 consecutive months prior to the date of release any of the following incidents occurred:
(a) Any attempt by the person to start the vehicle with a concentration of alcohol of 0.04 or more in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.04 and the digital image confirms the same person provided both samples;
(b) Failure of the person to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the person at the time of the missed test;
(c) Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.025, and the digital image confirms the same person provided both samples;
(d) Failure of the person to have the ignition interlock device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460; or
(e) Any attempt by the person to operate a motor vehicle without [a] an ignition interlock device or tamper with the ignition interlock device.
2. A person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460 shall not operate a motor vehicle without [a] an ignition interlock device or tamper with the ignition interlock device.
3. A person who violates any provision of subsection 2:
(a) Must have his or her driving privilege revoked in the manner set forth in paragraph (c) or (d) of subsection [4] 1 of NRS 483.460 [;] , as applicable; and
(b) Shall be:
(1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or
(2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.
Κ No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.
Sec. 30. NRS 484C.475 is hereby amended to read as follows:
484C.475 Any person who provides a sample of breath for [a] an ignition interlock device, with the intent to start a motor vehicle of another and for the purpose of allowing a person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460 to avoid providing a sample of his or her breath, is guilty of a misdemeanor.
κ2021 Statutes of Nevada, Page 2473 (CHAPTER 390, AB 427)κ
and for the purpose of allowing a person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460 to avoid providing a sample of his or her breath, is guilty of a misdemeanor.
Sec. 31. NRS 484C.480 is hereby amended to read as follows:
484C.480 1. The [Committee on Testing for Intoxication] Department of Public Safety shall adopt regulations which:
(a) Provide for the certification of [each model of those] manufacturers and vendors of ignition interlock devices [, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a persons breath to determine the concentration of alcohol in the persons breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevent the motor vehicle in which it is installed from starting.] to allow such manufacturers and vendors to conduct business in this State.
(b) Prescribe the form and content of records respecting the calibration of ignition interlock devices, which must be kept by the manufacturer of the ignition interlock device or its agent, and other records respecting the installation, removal, inspection, maintenance and operation of the ignition interlock devices which it finds should be kept by the manufacturer or its agent.
(c) Prescribe standards and procedures for the proper installation, removal, inspection, calibration, maintenance and operation of [a] an ignition interlock device installed by the manufacturer or its agent.
(d) Require the manufacturer or its agent to waive the cost of installing or removing the ignition interlock device and adjust the fee to lease, calibrate or monitor the ignition interlock device, if the person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460:
(1) Has an income which is at or below 100 percent of the federally designated level signifying poverty, to 50 percent of the fee; or
(2) Receives supplemental nutritional assistance, as defined in NRS 422A.072, was determined indigent pursuant to NRS 171.188 or has an income which is at or below 149 percent of the federally designated level signifying poverty, to 75 percent of the fee.
2. The [Committee] Department of Public Safety shall establish its own standards and procedures for evaluating the models of the ignition interlock devices and obtain evaluations of those models from the Director or the manufacturer of the ignition interlock device or its agent.
3. If a model of [a] an ignition interlock device has been certified by the [Committee] Department of Public Safety to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each ignition interlock device of that model is accurate and reliable to test a persons breath to determine the concentration of alcohol in the persons breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, will prevent the motor vehicle in which it is installed from starting.
Sec. 32. NRS 62E.640 is hereby amended to read as follows:
62E.640 1. If a child is adjudicated delinquent for an unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, the juvenile court shall, if the child possesses a drivers license:
(a) Issue an order revoking the drivers license of the child for 185 days and requiring the child to surrender the drivers license of the child to the juvenile court; and
κ2021 Statutes of Nevada, Page 2474 (CHAPTER 390, AB 427)κ
(b) Not later than 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order and the drivers license of the child.
2. The Department of Motor Vehicles shall order the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the drivers license of the child.
3. If the child is adjudicated delinquent for a subsequent unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, the juvenile court shall order an additional period of revocation to apply consecutively with the previous order.
4. The juvenile court may:
(a) Authorize the Department of Motor Vehicles to issue [a restricted drivers license] an ignition interlock privilege pursuant to NRS 483.490 to a child whose drivers license is revoked pursuant to this section; and
(b) Order the child to install, at his or her own expense, or at the expense of the parent or guardian of the child, [a] an ignition interlock device in any motor vehicle the child operates as a condition to obtaining [a restricted license] an ignition interlock privilege pursuant to NRS 483.490.
5. As used in this section [, device] :
(a) Ignition interlock device has the meaning ascribed to it in [NRS 484C.450.] section 9 of this act.
(b) Ignition interlock privilege has the meaning ascribed to it in section 10 of this act.
Sec. 33. NRS 176A.240 is hereby amended to read as follows:
176A.240 1. Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, 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 NRS 176A.230 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.230 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 NRS 176A.230 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.
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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.
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] Except as otherwise provided in subsection 8, 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.
8. 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 or set aside the judgment of conviction, as applicable. If a court conditionally dismisses the charges or sets aside the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but 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. Conditional dismissal or having a judgment of conviction set aside 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.
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acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 34. NRS 176A.245 is hereby amended to read as follows:
176A.245 1. [After] Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.240, 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 defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.210 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.240, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside 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 court orders sealed the record of a defendant who is discharged from probation , [or] whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.240, 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. 35. NRS 176A.260 is hereby amended to read as follows:
176A.260 1. Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, 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:
(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.
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:
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(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 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.
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] Except as otherwise provided in subsection 8, 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.
8. 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 or set aside the judgment of conviction, as applicable. If a court conditionally dismisses the charges or sets aside the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but 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.
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a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but 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. Conditional dismissal or having a judgment of conviction set aside 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. 36. NRS 176A.265 is hereby amended to read as follows:
176A.265 1. [After] Except as otherwise provided in subsection 2, 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 defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.260, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside 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 court orders sealed the record of a defendant who is discharged from probation , [or] whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside 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. 37. NRS 176A.290 is hereby amended to read as follows:
176A.290 1. Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211 and NRS 176A.287, 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:
(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 may:
(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
κ2021 Statutes of Nevada, Page 2479 (CHAPTER 390, AB 427)κ
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. 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.
3. Except as otherwise provided in subsection 5, upon fulfillment of the terms and conditions:
(a) The district court:
(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.
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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.
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 [.] or set aside the judgment of conviction, as applicable. If a court conditionally dismisses the charges [,] or sets aside the judgment of conviction, the court shall notify the defendant that [the] any conditionally dismissed [charges are] charge or judgment of conviction that is set aside is 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] 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. Conditional dismissal or having a judgment of conviction set aside 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. 38. 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 or the judgment of conviction is set aside as provided in NRS 176A.290, not sooner than 7 years after [such a conditional dismissal] the charges are conditionally dismissed or the judgment of conviction is set aside 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.
κ2021 Statutes of Nevada, Page 2481 (CHAPTER 390, AB 427)κ
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 or whose judgment of conviction was set aside 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. 39. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, 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, 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:
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(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. 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;
(e) A violation of NRS 484C.430;
(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;
(g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
(h) A violation of NRS 488.420 or 488.425.
7. The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:
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(a) Paragraph (b) of subsection 1 of NRS 484C.400; or
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a judgment of conviction entered against him or her for a violation of paragraph (b) of subsection 1 of NRS 484C.400 because the person participated in the statewide sobriety and drug monitoring program established pursuant to NRS 484C.392.
8. 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.] 9. 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.
(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. 40. NRS 179.259 is hereby amended to read as follows:
179.259 1. Except as otherwise provided in subsections 3, 4 and 5, 4 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible persons 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.
κ2021 Statutes of Nevada, Page 2484 (CHAPTER 390, AB 427)κ
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. The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
4. The Division of Insurance of the Department of Business and Industry is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
5. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
6. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Eligible person means a person who has:
(1) Successfully completed a program for reentry, which the person participated in pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632; and
(2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.
(c) Program for reentry means:
(1) A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to NRS 209.4887; or
(2) A judicial program for reentry of offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.
(d) Sexual offense has the meaning ascribed to it in [paragraph (b) of subsection 8 of] NRS 179.245.
Sec. 41. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, 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 12 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.
κ2021 Statutes of Nevada, Page 2485 (CHAPTER 390, AB 427)κ
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 12 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 20 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. 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 not be less than 12 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.
(c) For the third offense within 7 years, 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 less than $1,000, but not more than $5,000.
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.
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A felony that constitutes domestic violence pursuant to NRS 33.018;
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or
(c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),
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. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
5. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
κ2021 Statutes of Nevada, Page 2486 (CHAPTER 390, AB 427)κ
category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
6. 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, 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.
7. 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 or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 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), (b) or (c) 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.
8. 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 an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
9. 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.
κ2021 Statutes of Nevada, Page 2487 (CHAPTER 390, AB 427)κ
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.
10. 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.
11. 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.
12. 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.
13. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(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. 42. NRS 209.427 is hereby amended to read as follows:
209.427 1. If the results of an evaluation conducted pursuant to NRS 484C.300 or 488.430 indicate that an offender has an alcohol or other substance use disorder and that the offender can be treated successfully for his or her condition, the Director shall, except as otherwise provided in this section [,] and unless a court has already assigned the offender to a program of treatment pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 484C.400, assign the offender to the program of treatment established pursuant to NRS 209.425.
κ2021 Statutes of Nevada, Page 2488 (CHAPTER 390, AB 427)κ
treatment established pursuant to NRS 209.425. Such an assignment must be, to the extent that the period reasonably can be predicted, for the year, or as much thereof as practicable, immediately preceding the date the offender is due to be released from prison, either on parole or at the expiration of the offenders term.
2. Before assigning an offender to a program of treatment, the Director, in cooperation with the Division of Parole and Probation of the Department of Public Safety, shall determine, to the extent possible:
(a) The length of time remaining on the offenders sentence, taking into consideration any credits earned by the offender; and
(b) The likelihood that the offender will complete the entire program of treatment.
3. The Director shall when assigning offenders to the program, to the extent possible, give preference to those offenders who appear to the Director capable of successfully completing the entire program.
4. The Director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.
5. The Director may withdraw the offender from the program of treatment at any time if the Director determines that the offender:
(a) Is not responding satisfactorily to the program; or
(b) Has failed or refused to comply with any term or condition of the program.
6. As used in this section, entire program means both phases of the program established pursuant to NRS 209.425, for offenders who have not been released from prison, and NRS 209.429, for offenders who have been assigned to the custody of the Division of Parole and Probation of the Department of Public Safety.
Sec. 43. Any regulations adopted by the Committee on Testing for Intoxication before the effective date of this act pursuant to NRS 484C.480 remain in effect and may be enforced by the Department of Public Safety until the Department adopts regulations to repeal or replace those regulations.
Sec. 44. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 45. NRS 484C.395 and 484C.450 are hereby repealed.
Sec. 46. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2489κ
Assembly Bill No. 441Assemblyman Frierson
CHAPTER 391
[Approved: June 4, 2021]
AN ACT relating to legislators; authorizing the allocation of the legislative measures requested by a legislator whose office becomes vacant during a certain period; revising provisions governing the purposes for which a Legislator may use unspent campaign contributions; authorizing a legislator who is appointed to the office of a legislator under certain circumstances to solicit or accept monetary contributions during certain periods; restricting the expenses for which such contributions may be used; requiring such contributions that remain unspent after a certain period to be returned or donated for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes Legislators and the chairs of each standing committee to request the drafting of a certain number of legislative measures by certain deadlines. (NRS 218D.150, 218D.155, 218D.160) Section 1 of this bill provides that if a vacancy occurs in the office of a Legislator after the general election and before the regular session of the Legislature is convened, the caucus leader of the house and party of which the Legislator was a member is authorized to allocate all, some or none of the requests for the drafting of legislative measures requested or available to be requested by the Legislator. Section 1 also establishes a deadline for the submission of these requests and the details for the drafting of the request to the Legislative Counsel. Finally, section 1 provides that a request for the drafting of a legislative measure: (1) that is allocated to a member of the Senate or Assembly is in addition to the number of requests authorized for that member by statute, joint rule or rule of either House; and (2) that is allocated to a standing committee of either House must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
Existing law prohibits a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect from soliciting or accepting a monetary contribution, or a commitment for such a contribution, for any political purpose during a period that begins a certain number of days before the beginning of a regular or special session of the Legislature and ends a certain number of days after the final adjournment of such a session. (NRS 294A.300) Sections 2 and 7 of this bill: (1) authorizes a Legislator who was appointed to fill a vacancy in the office of a Legislator during this period to solicit or accept a monetary contribution during this period from another Legislator or from an organization whose primary purpose is to provide support for Legislators of a particular political party and house; (2) prohibits such a Legislator from soliciting or accept such monetary contributions in a total amount which exceeds $10,000 for a regular session and $1,200 for a special session; (3) limits the expenses for which the Legislator is authorized to use such contributions to those travel and housing expenses for which the Legislator receives an allowance under existing law; and (4) requires the Legislator to return or donate for certain purposes any contributions that remain unspent for an authorized purpose after a certain period. Section 5 of this bill authorizes a Legislator to use unspent campaign contributions to make contributions to another Legislator pursuant to section 2. Sections 3, 6, 8 and 9 of this bill make conforming changes to make unspent contributions received pursuant to section 2 subject to the same reporting requirement as other unspent contributions.
κ2021 Statutes of Nevada, Page 2490 (CHAPTER 391, AB 441)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. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, after the general election preceding a regular session and before that regular session has convened, a vacancy occurs for any reason in the office of a Legislator who is:
(a) A member of the Senate from the majority party, the Majority Leader of the Senate may allocate to a member of the Senate from the majority party or a Senate standing committee all, some or none of the requests for the drafting of legislative measures requested or available to be requested by the Legislator whose office became vacant.
(b) A member of the Assembly from the majority party, the Speaker of the Assembly may allocate to a member of the Assembly from the majority party or an Assembly standing committee all, some or none of the requests for the drafting of legislative measures requested or available to be requested by the Legislator whose office became vacant.
(c) A member of the Senate from the minority party, the Minority Leader of the Senate may allocate to a member of the Senate from the minority party all, some or none of the requests for the drafting of legislative measures requested or available to be requested by the Legislator whose office became vacant.
(d) A member of the Assembly from the minority party, the Minority Leader of the Assembly may allocate to a member of the Assembly from the minority party all, some or none of the requests for the drafting of legislative measures requested or available to be requested by the Legislator whose office became vacant.
2. The Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Assembly and Minority Leader of the Senate, respectively, shall, not later than the 8th calendar day of a regular legislative session provide the Legislative Counsel with a written list of the number of requests for the drafting of a legislative measure that may be submitted by each member and standing committee of the respective houses, within the limit provided by subsection 1. The lists may be revised any time before the 15th calendar day of the regular legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.
3. If, pursuant to this section, a request for the drafting of a legislative measure is submitted to the Legislative Counsel by a member of the Senate or Assembly, a standing committee of the Senate or Assembly, the Majority Leader or Minority Leader of the Senate, or the Speaker or Minority Leader of the Assembly on or before the 15th calendar day of the regular legislative session pursuant to this section, the member, chair of the standing committee or his or her designee, Majority Leader or Minority Leader of the Senate, and the Speaker and Minority Leader of the Assembly, as applicable, shall, by the 22nd calendar day of the regular legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.
κ2021 Statutes of Nevada, Page 2491 (CHAPTER 391, AB 441)κ
legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.
4. A request for the drafting of a legislative measure that is allocated to:
(a) A member of the Senate or Assembly pursuant to this section is in addition to the number of requests authorized for that member by statute, joint rule or rule of either House.
(b) A standing committee of either House pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
Sec. 2. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a Legislator who was appointed to fill a vacancy in the office of a Legislator during a period described in subsection 1 of NRS 294A.300 may, during the period described in subsection 1 of NRS 294A.300 in which the Legislator was appointed, solicit or accept a monetary contribution, or solicit or accept a commitment to make such a contribution, from another Legislator or from an organization whose primary purpose is to provide support for Legislators of a particular party and house.
2. A Legislator shall not:
(a) Solicit or accept monetary contributions pursuant to subsection 1, or solicit or accept a commitment to make such contributions, in a total amount which exceeds $10,000 for a regular session or $1,200 for a special session.
(b) Use any monetary contribution solicited or accepted pursuant to subsection 1 to pay any expenses other than expenses described in subsection 3 of NRS 218A.645 which are in excess of the supplemental allowance to which the Legislator is entitled pursuant to that subsection.
3. A Legislator who has received contributions pursuant to subsection 1 that were not spent or committed for expenditure before the end of the period described in subsection 1 of NRS 294A.300 in which the contributions were received shall, not later than 30 days after the end of that period, dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to the contributors;
(b) Donate the money to any tax-exempt nonprofit entity; or
(c) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
Sec. 3. NRS 294A.0035 is hereby amended to read as follows:
294A.0035 Campaign expenses means:
1. All expenses incurred by a candidate for a campaign, including, without limitation:
(a) Office expenses;
(b) Expenses related to volunteers;
(c) Expenses related to travel;
(d) Expenses related to advertising;
(e) Expenses related to paid staff;
κ2021 Statutes of Nevada, Page 2492 (CHAPTER 391, AB 441)κ
(f) Expenses related to consultants;
(g) Expenses related to polling;
(h) Expenses related to special events;
(i) Expenses related to a legal defense fund;
(j) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;
(k) Fees for filing declarations of candidacy; and
(l) Repayment or forgiveness of a loan.
2. Expenditures, as defined in NRS 294A.0075.
3. The disposal of any unspent contributions pursuant to NRS 294A.160 [.] or section 2 of this act.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for:
(a) A candidate to spend money received as a contribution:
(1) For the candidates personal use; or
(2) To pay himself or herself a salary.
(b) A public officer to spend unspent contributions:
(1) For the public officers personal use; or
(2) To pay himself or herself a salary.
2. Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 or 294A.200. A candidate or public officer shall not use contributions to satisfy a civil or criminal penalty imposed by law.
3. Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Use the money in the candidates next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidates next election;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) If the candidate was elected to the office of a Legislator, another member of the Legislature who is authorized to solicit or accept contribution pursuant to section 2 of this act;
(3) A political party; or
[(3)] (4) Any combination of persons or groups set forth in subparagraphs (1) , [and] (2) [;] and (3);
κ2021 Statutes of Nevada, Page 2493 (CHAPTER 391, AB 441)κ
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
4. Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party; or
(3) Any combination of persons or groups set forth in subparagraphs (1) and (2);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
5. Every candidate for office at a special election to recall a public officer shall dispose of the unspent contributions through one or any combination of the methods set forth in subsection 4 not later than the 15th day of the second month following the last day for the candidate to receive a contribution pursuant to NRS 294A.115.
6. Every candidate for office who withdraws after filing a declaration of candidacy, is defeated for that office at a primary election or is removed from the ballot by court order before a primary election or general election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election or general election, as applicable, return any money in excess of $5,000 to the contributor.
7. Except for a former public officer who is subject to the provisions of subsection 11, every person who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:
(a) File a declaration of candidacy; or
(b) Appear on an official ballot at any election,
Κ shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.
8. Except as otherwise provided in subsection 9, every public officer who:
κ2021 Statutes of Nevada, Page 2494 (CHAPTER 391, AB 441)κ
(a) Does not run for reelection to the office which he or she holds;
(b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ shall, not later than the 15th day of the second month after the expiration of the public officers term of office, dispose of those contributions in the manner provided in subsection 4.
9. Every public officer who:
(a) Resigns from his or her office;
(b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ shall, not later than the 15th day of the second month after the effective date of the resignation, dispose of those contributions in the manner provided in subsection 4.
10. Except as otherwise provided in subsection 11, every public officer who:
(a) Does not run for reelection to the office which he or she holds or who resigns from his or her office;
(b) Is a candidate for any other office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ may use the unspent contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.362 for as long as the public officer is a candidate for any office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100.
11. Every former public officer described in subsection 10 who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:
(a) File a declaration of candidacy; or
(b) Appear on an official ballot at any election,
Κ shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.
12. In addition to the methods for disposing of the unspent money set forth in this section, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.
13. Any contributions received before a candidate for office at a primary election, general election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 4.
14. The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
κ2021 Statutes of Nevada, Page 2495 (CHAPTER 391, AB 441)κ
15. As used in this section:
(a) Contribution includes, without limitation, any interest and other income earned on a contribution.
(b) Qualifying contribution means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection 3 of NRS 294A.005.
Sec. 6. NRS 294A.200 is hereby amended to read as follows:
294A.200 1. Every candidate for office at a primary election or general election shall, not later than January 15 of the election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report:
(a) Each of the campaign expenses in excess of $100 incurred during the period;
(b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 or section 2 of this act during the period;
(c) The total of all campaign expenses incurred during the period which are $100 or less; and
(d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 or section 2 of this act which are $100 or less.
2. In addition to the requirements set forth in subsection 1, every candidate for office at a primary election or general election shall, not later than:
(a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;
(b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;
(c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and
(d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,
Κ report each of the campaign expenses described in subsection 1 incurred during the period.
3. Except as otherwise provided in subsections 4, 5 and 6 and NRS 294A.223, every candidate for office at a special election shall, not later than:
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidates nomination through 5 days before the beginning of early voting by personal appearance for the special election;
(b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and
(c) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each of the campaign expenses described in subsection 1 incurred during the period.
4. Except as otherwise provided in subsections 5 and 6 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:
κ2021 Statutes of Nevada, Page 2496 (CHAPTER 391, AB 441)κ
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;
(b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and
(c) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each of the campaign expenses described in subsection 1 incurred during the period.
5. Except as otherwise provided in subsection 6, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:
(a) Is not submitted to the filing officer as required by chapter 306 of NRS;
(b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or
(c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.
6. If the legal sufficiency of a petition for recall is challenged and a district court determines that the petition is legally:
(a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, every candidate for office at a special election to determine whether a public officer will be recalled shall:
(1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each of the campaign expenses described in subsection 1 incurred during the period.
(2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.
(b) Insufficient pursuant to chapter 306 of NRS, every candidate for office at a special election to determine whether a public officer will be recalled shall:
κ2021 Statutes of Nevada, Page 2497 (CHAPTER 391, AB 441)κ
(1) Not later than 30 days after the date on which the district court orders the filing officer to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts order, report each of the campaign expenses described in subsection 1 incurred during the period.
(2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district courts order through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.
7. In addition to complying with the applicable reporting requirements of subsections 1 to 6, inclusive, if a candidate is elected to office at a primary election, general election or special election, he or she must, not later than January 15 of each year, report each of the campaign expenses described in subsection 1 incurred during the period beginning January 1 of the previous year and ending on December 31 of the previous year. The provisions of this subsection apply to the candidate until the year immediately preceding the next election year for that office. Nothing in this section:
(a) Requires the candidate to report a campaign expense that has previously been reported in a timely manner pursuant to subsections 1 to 6, inclusive; or
(b) Authorizes the candidate to not comply with the applicable requirements of subsections 1 to 6, inclusive, if he or she becomes a candidate for another office at a primary election, general election or special election during his or her term of office.
8. Except as otherwise provided in subsection 9, if a candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286 or section 2 of this act in any calendar year for which the candidate is not required to file a report pursuant to other provisions of this section, the candidate shall on or before January 15 of the following year, for the period beginning January 1 and ending on December 31 of the calendar year, report:
(a) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or 294A.286 or section 2 of this act during the period; and
(b) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or 294A.286 or section 2 of this act which are $100 or less.
9. If a candidate for office at a special election to determine whether a public officer will be recalled disposes of contributions pursuant to subsection 5 of NRS 294A.160, the candidate shall, on or before the 15th day of the second month following the last day for the candidate to receive a contribution pursuant to NRS 294A.115, report:
(a) Each amount in excess of $100 disposed of pursuant to subsection 5 of NRS 294A.160; and
(b) The total of all amounts disposed of during the period pursuant to subsection 5 of NRS 294A.160 which are $100 or less.
10. Except as otherwise provided in NRS 294A.3733, reports of campaign expenses must be filed electronically with the Secretary of State.
11. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
κ2021 Statutes of Nevada, Page 2498 (CHAPTER 391, AB 441)κ
Sec. 7. NRS 294A.300 is hereby amended to read as follows:
294A.300 1. Except as otherwise provided in this section, it is unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:
(a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature;
(b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if:
(1) The Governor sets a specific date for the commencement of the special session that is more than 15 days after the date on which the Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or
(2) The members of the Legislature set a date on or before which the Legislature is to convene the special session that is more than 15 days after the date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members calling for the special session pursuant to Section 2A of Article 4 of the Nevada Constitution; or
(c) The day after:
(1) The date on which the Governor issues the proclamation calling for the special session and ending 15 days after the final adjournment of the special session if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the date on which the Governor issues the proclamation calling for the special session; or
(2) The date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members of the Legislature calling for the special session and ending 15 days after the final adjournment of the special session if the members set a date on or before which the Legislature is to convene the special session that is 15 or fewer days after the date on which the Secretary of State receives the petitions.
2. Except as otherwise provided in this section, a person shall not make or commit to make a contribution or commitment prohibited by subsection 1.
3. This section does not prohibit the payment of a salary or other compensation or income to a member of the Legislature, the Lieutenant Governor or the Governor during the period set forth in subsection 1 if it is made for services provided as a part of his or her regular employment or is additional income to which he or she is entitled.
4. This section does not apply to any monetary contribution or commitment to make such a contribution that may be given to or accepted by a person pursuant to NRS 294A.115. The provisions of this subsection do not authorize:
(a) A person to accept or solicit a contribution, or solicit or accept a commitment to make such a contribution, other than a contribution authorized pursuant to NRS 294A.115.
(b) A person to make or commit to make a contribution other than a contribution authorized pursuant to NRS 294A.115.
κ2021 Statutes of Nevada, Page 2499 (CHAPTER 391, AB 441)κ
5. This section does not apply to any monetary contribution or commitment to make such a contribution that may be given to or accepted by a Legislator pursuant to section 2 of this act.
6. As used in this section, political purpose includes, without limitation, the establishment of, or the addition of money to, a legal defense fund.
Sec. 8. NRS 294A.350 is hereby amended to read as follows:
294A.350 1. Except as otherwise provided in subsection 2, every candidate for office shall file the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, even though the candidate:
(a) Withdraws his or her candidacy pursuant to NRS 293.202 or 293C.195;
(b) Ends his or her campaign without withdrawing his or her candidacy pursuant to NRS 293.202 or 293C.195;
(c) Receives no contributions;
(d) Has no campaign expenses;
(e) Is not opposed in the election by another candidate;
(f) Is defeated in the primary election;
(g) Is removed from the ballot by court order; or
(h) Is the subject of a petition to recall and the special election is not held.
2. A candidate described in paragraph (a), (b), (f) or (g) of subsection 1 may simultaneously file all the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362 that are due after the candidate disposes of any unspent or excess contributions as provided in subsections 4, 5 and 6 of NRS 294A.160 [,] or section 2 of this act, as applicable, if the candidate gives written notice to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions. If the candidate has submitted a withdrawal of candidacy pursuant to NRS 293.202 or 293C.195 to an officer other than the Secretary of State, the candidate must enclose with the notice a copy of the withdrawal of candidacy. A form submitted to the Secretary of State pursuant to this subsection must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. A candidate described in paragraph (b) of subsection 1 who simultaneously files reports pursuant to subsection 2 but is elected to office despite ending his or her campaign is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, beginning with the next report that is due pursuant to those sections after his or her election to office.
Sec. 9. NRS 294A.365 is hereby amended to read as follows:
294A.365 1. Each report required pursuant to NRS 294A.210, 294A.220 and 294A.280 must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each campaign expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.
κ2021 Statutes of Nevada, Page 2500 (CHAPTER 391, AB 441)κ
the category and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.
2. The categories of campaign expense or expenditure for use on the report of campaign expenses or expenditures are:
(a) Office expenses;
(b) Expenses related to volunteers;
(c) Expenses related to travel;
(d) Expenses related to advertising;
(e) Expenses related to paid staff;
(f) Expenses related to consultants;
(g) Expenses related to polling;
(h) Expenses related to special events;
(i) Expenses related to a legal defense fund;
(j) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid;
(k) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;
(l) Fees for filing declarations of candidacy;
(m) Repayments or forgiveness of loans;
(n) The disposal of unspent contributions pursuant to NRS 294A.160 [;] or section 2 of this act; and
(o) Other miscellaneous expenses.
3. Each report of campaign expenses or expenditures described in subsection 1 must:
(a) List the disposition of any unspent contributions using the categories set forth in subsection 3 of NRS 294A.160 or subsection 3 of NRS 294A.286 [,] or section 2 of this act, as applicable; and
(b) For any campaign expense or expenditure that is paid for using a credit card or debit card, itemize each transaction and identify the business or other entity from whom the purchase of the campaign expense or expenditure was made.
Sec. 10. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2501κ
Assembly Bill No. 443Committee on Legislative Operations and Elections
CHAPTER 392
[Approved: June 4, 2021]
AN ACT relating to the Legislature; providing for the creation of Joint Interim Standing Committees of the Legislature; specifying the powers and duties of the Joint Interim Standing Committees; repealing various statutory committees; repealing the Advisory Commission on the Administration of Justice and the subcommittee of the Advisory Commission; reassigning certain powers and duties of repealed statutory committees and the Advisory Commission to the Joint Interim Standing Committees; reassigning the powers and duties of the Legislative Committee on Public Lands to the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources; revising provisions governing requests for legislative measures by certain statutory committees; making various other changes relating to legislative activity during the interim between regular sessions of the Legislature; requiring the Commission to Study Governmental Purchasing to submit a biennial report to the Joint Interim Standing Committee on Legislative Operations and Elections; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various committees on which Legislators serve throughout the biennium. (Chapter 218E of NRS, NRS 209.4817, 439B.200, 459.0085, 482.367004) Existing law also creates the Advisory Commission on the Administration of Justice and the Subcommittee on Criminal Justice Information Sharing. (NRS 176.0123, 176.01248) This bill repeals several of those committees, the Advisory Commission and its subcommittee and creates Joint Interim Standing Committees that parallel the standing committees established by the Legislature during its regular biennial sessions. Section 6 of this bill creates the following Joint Interim Standing Committees: (1) Commerce and Labor; (2) Education; (3) Government Affairs; (4) Growth and Infrastructure; (5) Health and Human Services; (6) Judiciary; (7) Legislative Operations and Elections; (8) Natural Resources; and (9) Revenue. Section 6 also prescribes the manner of appointing the regular members and the alternate members to the Joint Interim Standing Committees after the adjournment of each regular session of the Legislature. Section 7 of this bill provides for meetings of the Committees and the compensation of the members. Section 6 requires the Legislative Commission to select a Chair and Vice Chair of each Committee. Section 8 of this bill authorizes the Committees to review matters within the jurisdictions of their corresponding standing committees from the preceding regular session of the Legislature and to conduct studies directed by the Legislature and the Legislative Commission, and requires the Committees to report to each regular session of the Legislature. Section 8 also: (1) requires the Joint Interim Standing Committee on Health and Human Services, either as part of its regular work or through appointment of a subcommittee, to evaluate and review issues relating to child welfare; (2) requires the Joint Interim Standing Committee on the Judiciary, either as part of its regular work or though appointment of a subcommittee, to evaluate and review issues relating to juvenile justice; and (3) authorizes the Joint Interim Standing Committee on Legislative Operations and Elections to evaluate and review issues relating to governmental purchasing. Section 9 of this bill makes the sections of existing law governing the supplemental powers of interim committees applicable to the Joint Interim Standing Committees.
κ2021 Statutes of Nevada, Page 2502 (CHAPTER 392, AB 443)κ
sections of existing law governing the supplemental powers of interim committees applicable to the Joint Interim Standing Committees. (NRS 218E.110) Section 47 of this bill transfers the responsibilities of the Legislative Committee on Health Care to the Joint Interim Standing Committee on Health and Human Services. (NRS 439B.227) Section 50 of this bill revises the designated members of this State to serve on the cooperating committee established by the Multistate Highway Transportation Agreement to include the Chair and Vice Chair of the Joint Interim Standing Committee on Growth and Infrastructure. (NRS 481A.020) Section 51 of this bill modifies the composition of the Commission on Special License Plates to include the members of the Joint Interim Standing Committee on Growth and Infrastructure, with the three nonvoting members remaining on the Commission. (NRS 482.367004)
Existing law establishes the Legislative Committee on Public Lands and prescribes the membership, duties and powers of the Committee. (NRS 218E.500-218E.525) Section 13.5 of this bill replaces the Committee with the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources, consisting of members appointed by the Chair of the Joint Interim Standing Committee. Sections 13-15 of this bill transfer the existing powers and duties of the Legislative Committee on Public Lands to the Subcommittee on Public Lands. Section 51.5 of this bill makes conforming changes to Assembly Bill No. 95 of this session.
Existing law authorizes various statutory, interim and other committees to request the drafting of a certain number of legislative measures for a regular session. (NRS 218D.160) Section 4 of this bill authorizes a Joint Interim Standing Committee, other than the Joint Interim Standing Committee on Health and Human Services, the Joint Interim Standing Committee on the Judiciary and the Joint Interim Standing Committee on Natural Resources, to request the drafting of not more than 10 legislative measures. Section 4 also authorizes: (1) the Joint Interim Standing Committee on Health and Human Services to request the drafting of not more than 15 legislative measures, at least 5 of which must relate to matters relating to child welfare; (2) the Joint Interim Standing Committee on the Judiciary to request the drafting of not more than 15 legislative measures, at least 5 of which must relate to matters relating to juvenile justice; and (3) the Joint Interim Standing Committee on Natural Resources to request the drafting of not more than 14 legislative measures, at least 4 of which must relate to matters relating to public lands based on the recommendations of the Subcommittee on Public Lands. Finally, section 4 reduces the number of legislative measures that the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs is authorized to request from 10 measures to 6 measures.
Existing law: (1) prescribes the membership of the Commission to Study Governmental Purchasing; (2) requires the Commission to meet not less than quarterly to study practices in governmental purchasing and laws relating thereto; and (3) requires the Commission to make recommendations to the Legislature with respect to those laws. (NRS 332.215) Section 31.5 of this bill requires the Commission to submit a biennial report to the Joint Interim Standing Committee on Legislative Operations and Elections that includes any recommendations of the Commission for legislation relating to governmental purchasing.
Section 55 of this bill repeals the Advisory Commission on the Administration of Justice, the Subcommittee on Criminal Justice Information Sharing of the Advisory Commission, the Committee on Industrial Programs, the Legislative Commissions standing committee to consult with the Director of the Legislative Counsel Bureau, the Legislative Committee on Education, the Legislative Committee on Child Welfare and Juvenile Justice, the Legislative Committee on Energy, the Legislative Committee on Health Care and the Committee on High-Level Radioactive Waste.
Section 51.7 of this bill makes an appropriation to the Legislative Fund for the costs related to supporting the work of interim studies during the 2021-2022 interim.
κ2021 Statutes of Nevada, Page 2503 (CHAPTER 392, AB 443)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. Chapter 218A of NRS is hereby amended by adding thereto a new section to read as follows:
Joint Interim Standing Committee means a Joint Interim Standing Committee created pursuant to section 6 of this act.
Sec. 2. NRS 218A.003 is hereby amended to read as follows:
218A.003 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 218A.006 to 218A.090, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 218D.130 is hereby amended to read as follows:
218D.130 1. On July 1 preceding each regular session, and each week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel shall prepare a list of all requests received by the Legislative Counsel for the drafting of legislative measures for the regular session.
2. The Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the Director.
3. In preparing the list:
(a) The requests must be listed numerically by a unique serial number which must be assigned to the legislative measures by the Legislative Counsel for the purposes of identification in the order that the Legislative Counsel received the requests.
(b) Except as otherwise provided in this section, the list must only contain the name of each requester, the date and a brief summary of the request.
(c) If a standing or special committee of the Legislature , including, without limitation, a Joint Interim Standing Committee, requests a legislative measure on behalf of a Legislator or organization, the list must include:
(1) The name of the [standing or special] committee; and
(2) The name of the Legislator or organization on whose behalf the legislative measure was originally requested.
4. Upon the request of a Legislator who has requested the drafting of a legislative measure, the Legislative Counsel shall add the name of one or more other Legislators from either or both Houses as joint requesters of the legislative measure. The Legislative Counsel:
(a) Shall not add the name of a joint requester to the list until the Legislative Counsel has received confirmation of the joint request from the primary requester of the legislative measure and from the Legislator to be added as a joint requester.
(b) Shall remove the name of a joint requester upon receipt of a request to do so made by the primary requester or the joint requester.
(c) Shall cause the names to appear on the list in the order in which the names were received by the Legislative Counsel beginning with the primary requester.
(d) Shall not act upon the direction of a joint requester to withdraw the requested legislative measure or modify its substance until the Legislative Counsel has received confirmation of the withdrawal or modification from the primary requester.
κ2021 Statutes of Nevada, Page 2504 (CHAPTER 392, AB 443)κ
5. If the primary requester of a legislative measure will not be returning to the Legislature for the regular session in which the legislative measure is to be considered:
(a) The primary requester may authorize a Legislator who will be serving during that regular session to become the primary sponsor of the legislative measure, either individually or as the chair on behalf of a standing committee.
(b) A Legislator who agrees to become or have the committee become the primary sponsor of the legislative measure shall notify the Legislative Counsel of that fact.
(c) Upon receipt of such notification, the Legislative Counsel shall list the name of that Legislator or the name of the committee as the primary requester of the legislative measure on the list.
6. For the purposes of all limitations on the number of legislative measures that may be requested by a Legislator:
(a) A legislative measure with joint requesters must only be counted as a request of the primary requester.
(b) A legislative measure for which a Legislator or standing committee becomes the primary sponsor pursuant to subsection 5 must be counted as a request of that Legislator or committee.
Sec. 4. NRS 218D.160 is hereby amended to read as follows:
218D.160 1. The Chair of the Legislative Commission may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.
2. The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee.
3. Except as otherwise provided by a specific statute [,] or a joint rule or concurrent resolution [:] of the Legislature:
(a) Except as otherwise provided in paragraphs (b), (c) and (d), a Joint Interim Standing Committee may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the Committee.
(b) The Joint Interim Standing Committee on Health and Human Services may request the drafting of not more than 15 legislative measures which relate to matters within the scope of the Committee, at least 5 of which must relate to matters relating to child welfare.
(c) The Joint Interim Standing Committee on the Judiciary may request the drafting of not more 15 legislative measures which relate to matters within the scope of the Committee, at least 5 of which must relate to matters relating to juvenile justice.
(d) The Joint Interim Standing Committee on Natural Resources may request the drafting of not more than 14 legislative measures which relate to matters within the scope of the Committee, at least 4 of which must relate to matters relating to public lands based on the recommendations for legislation submitted by the Subcommittee on Public Lands pursuant to NRS 218E.525.
(e) Any legislative committee created by a statute, other than the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750 or an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.
κ2021 Statutes of Nevada, Page 2505 (CHAPTER 392, AB 443)κ
Special Needs created by NRS 218E.750 or an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.
[(b)] (f) The Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750 may request the drafting of not more than 6 legislative measures which relate to matters within the scope of the Committee.
(g) Any committee or subcommittee established by an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee or subcommittee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.
[(c)] (h) Any other committee established by the Legislature which conducts an interim legislative study or investigation may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation.
Κ The requests authorized pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding a regular session unless the Legislative Commission authorizes submitting a request after that date.
4. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.
Sec. 5. Chapter 218E of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. 1. There are hereby created the following Joint Interim Standing Committees of the Legislature:
(a) Commerce and Labor;
(b) Education;
(c) Government Affairs;
(d) Growth and Infrastructure;
(e) Health and Human Services;
(f) Judiciary;
(g) Legislative Operations and Elections;
(h) Natural Resources; and
(i) Revenue.
2. Each Joint Interim Standing Committee consists of eight regular members and five alternate members. As soon as is practicable after the adjournment of each regular session of the Legislature:
(a) The Speaker of the Assembly shall appoint three members of the Assembly as regular members of each Committee and two members of the Assembly as alternate members of each Committee.
(b) The Minority Leader of the Assembly shall appoint two members of the Assembly as regular members of each Committee and one member of the Assembly as an alternate member of each Committee.
(c) The Majority Leader of the Senate shall appoint two Senators as regular members of each Committee and one Senator as an alternate member of each Committee.
(d) The Minority Leader of the Senate shall appoint one Senator as a regular member of each Committee and one Senator as an alternate member of each Committee.
κ2021 Statutes of Nevada, Page 2506 (CHAPTER 392, AB 443)κ
3. Before making their respective appointments, the Speaker of the Assembly, the Majority Leader of the Senate and the Minority Leaders of the Senate and Assembly shall consult so that, to the extent practicable:
(a) At least five of the regular members appointed to each Joint Interim Standing Committee served on the corresponding standing committee or committees during the preceding regular session of the Legislature.
(b) Not more than five of the regular members appointed to each Joint Interim Standing Committee are members of the same political party.
4. The Legislative Commission shall select the Chair and Vice Chair of each Joint Interim Standing Committee from among the members of the Committee. The Chair must be appointed from one House of the Legislature and the Vice Chair from the other House. The position of Chair must alternate each biennium between the Houses of the Legislature. Each of those officers holds the position until a successor is appointed after the next regular session of the Legislature. If a vacancy occurs in the position of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
5. The membership of any member of a Joint Interim Standing Committee who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the general election. The Speaker designate of the Assembly or the Majority Leader designate of the Senate, as the case may be, may appoint a member to fill the vacancy for the remainder of the unexpired term.
6. Vacancies on a Joint Interim Standing Committee must be filled in the same manner as original appointments.
Sec. 7. 1. Except as otherwise ordered by the Legislative Commission, the members of a Joint Interim Standing Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.
2. The Director of the Legislative Counsel Bureau or his or her designee shall act as the nonvoting recording Secretary of each Joint Interim Standing Committee.
3. Five members of a Joint Interim Standing Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee, except that any recommended legislation proposed by a Committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly serving on the Committee.
4. Except during a regular or special session of the Legislature, for each day or portion of a day during which a member of a Joint Interim Standing Committee attends a meeting of the Committee or is otherwise engaged in the work of the Committee, the member is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218A.655.
Κ The compensation, per diem allowances and travel expenses of the members of a Committee must be paid from the Legislative Fund.
κ2021 Statutes of Nevada, Page 2507 (CHAPTER 392, AB 443)κ
Sec. 8. 1. A Joint Interim Standing Committee may:
(a) Evaluate and review issues within the jurisdiction of the corresponding standing committee or committees from the preceding regular session of the Legislature;
(b) Exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive; and
(c) Within the limits of the Committees budget, conduct studies directed by the Legislature or the Legislative Commission.
2. In addition to the authorized scope of issues set forth in paragraph (a) of subsection 1:
(a) The Joint Interim Standing Committee on Health and Human Services shall, either as part of its regular work or through appointment of a subcommittee, evaluate and review issues relating to child welfare.
(b) The Joint Interim Standing Committee on the Judiciary shall, either as part of its regular work or through appointment of a subcommittee, evaluate and review issues relating to juvenile justice.
(c) The Joint Interim Standing Committee on Legislative Operations and Elections may evaluate and review issues relating to governmental purchasing, including, without limitation, recommendations submitted to the Joint Interim Standing Committee by the Commission to Study Governmental Purchasing pursuant to NRS 332.215.
3. The Legislative Commission shall review and approve the budget and work program of each Joint Interim Standing Committee and any changes to the budget or work program.
4. A Joint Interim Standing Committee shall prepare a comprehensive report of the Committees activities in the interim and its findings and any recommendations for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.
Sec. 9. NRS 218E.110 is hereby amended to read as follows:
218E.110 1. Committee means the Legislative Commission , a Joint Interim Standing Committee and any other legislative committee or subcommittee created by a specific statute, concurrent resolution or order of the Legislative Commission to conduct studies or investigations or perform any other legislative business during the legislative interim.
2. The term does not include any legislative committee or subcommittee appointed by the Legislature or either House to conduct or perform legislative business during a regular or special session, including, without limitation, any joint, standing, temporary, special or select committee or committee of the whole.
Sec. 10. NRS 218E.185 is hereby amended to read as follows:
218E.185 1. In the discharge of any duty imposed or power conferred by this title or any law or resolution, the Legislative Commission may exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.
2. The Legislative Commission may delegate its authority pursuant to subsection 1 to a subcommittee or interim or special committee established pursuant to NRS 218E.200 [.] or to a Joint Interim Standing Committee created pursuant to section 6 of this act.
Sec. 11. NRS 218E.200 is hereby amended to read as follows:
218E.200 1. The Legislative Commission may conduct studies or investigations concerning governmental problems, important issues of public policy or questions of statewide interest [.]
κ2021 Statutes of Nevada, Page 2508 (CHAPTER 392, AB 443)κ
policy or questions of statewide interest [.] or may assign such studies or investigations to a Joint Interim Standing Committee.
2. The Legislative Commission may establish subcommittees and interim or special committees as official agencies of the Legislative Counsel Bureau to conduct such studies or investigations or otherwise to deal with such governmental problems, important issues of public policy or questions of statewide interest [.] or may assign such matters to a Joint Interim Standing Committee. The subcommittees and interim or special committees may exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.
3. The membership of [the] any subcommittees and interim or special committees [:] established pursuant to subsection 2:
(a) Must be designated by the Legislative Commission; and
(b) May consist of members of the Legislative Commission and Legislators other than members of the Legislative Commission, employees of the State of Nevada or citizens of the State of Nevada.
4. For each day or portion of a day during which the members of [the] any subcommittees and interim or special committees established pursuant to subsection 2 who are not Legislators attend meetings or are otherwise engaged in the business of the subcommittees and interim or special committees, the members:
(a) Shall serve without salary.
(b) Are entitled to receive out of the Legislative Fund the per diem allowances and travel expenses provided for state officers and employees generally.
5. Except during a regular or special session, for each day or portion of a day during which the members of [the] any subcommittees and interim or special committees established pursuant to subsection 2 who are Legislators attend meetings of the subcommittees and interim or special committees or are otherwise engaged in the business of the subcommittees and interim or special committees, the members are entitled to receive out of the Legislative Fund:
(a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;
(b) The per diem allowance provided for state officers and employees generally; and
(c) The travel expenses provided pursuant to NRS 218A.655.
Sec. 12. NRS 218E.205 is hereby amended to read as follows:
218E.205 1. Between regular sessions, the Legislative Commission:
(a) Shall fix the work priority of all studies and investigations assigned to it by a statute or concurrent resolution or directed by an order of the Legislative Commission [,] or conducted by a Joint Interim Standing Committee or subcommittee thereof, within the limits of available time, money and staff.
(b) Shall not make studies or investigations directed by a resolution of only one House or studies or investigations proposed but not approved during the preceding regular session.
2. All requests for the drafting of legislative measures to be recommended as the result of a study or investigation must be made in accordance with NRS 218D.160.
3. Except as otherwise provided by NRS 218E.210, between regular sessions, a study or investigation may not be initiated or continued by the Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs, except studies and investigations which have been specifically authorized by [a statute, concurrent resolution] the Legislature or [order of] the Legislative Commission.
κ2021 Statutes of Nevada, Page 2509 (CHAPTER 392, AB 443)κ
Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs, except studies and investigations which have been specifically authorized by [a statute, concurrent resolution] the Legislature or [order of] the Legislative Commission.
4. A study or investigation may not be carried over from one regular session to the next without additional authorization by a statute, concurrent resolution or order of the Legislative Commission, except audits in progress whose carryover has been approved by the Legislative Commission.
5. Except as otherwise provided by a specific statute, the staff of the Legislative Counsel Bureau shall not serve as primary administrative or professional staff for a committee established by a statute, concurrent resolution or order of the Legislative Commission to conduct a study or investigation, unless the chair of the committee is required by the statute, concurrent resolution or order of the Legislative Commission to be a Legislator.
6. The Legislative Commission shall review and approve the budget and work program and any changes to the budget or work program for each study or investigation conducted by the Legislative Commission or a committee or subcommittee established by the Legislative Commission.
[7. A committee or subcommittee established to conduct a study or investigation assigned to the Legislative Commission by a statute or concurrent resolution or directed by an order of the Legislative Commission must, unless otherwise ordered by the Legislative Commission, meet not earlier than January 1 of the even-numbered year and not later than June 30 of that year.]
Sec. 13. NRS 218E.500 is hereby amended to read as follows:
218E.500 The Legislature finds and declares that:
1. Policies and issues relating to public lands and state sovereignty as impaired by federal ownership of land are matters of continuing concern to this State.
2. This concern necessarily includes an awareness that all federal statutes, policies and regulations which affect the management of public lands are likely to have extensive effects within the State and must not be ignored or automatically dismissed as beyond the reach of the states policymakers.
3. Experience with federal regulations relating to public lands has demonstrated that the State of Nevada and its citizens are subjected to regulations which sometimes are unreasonable, arbitrary, beyond the intent of the Congress or the scope of the authority of the agency adopting them and that as a result these regulations should be subjected to legislative review and comment, and judicially tested where appropriate, to protect the rights and interests of the State and its citizens.
4. Other western states where public lands comprise a large proportion of the total area have shown an interest in matters relating to public lands and those states, along with Nevada, have been actively participating in cooperative efforts to acquire, evaluate and share information and promote greater understanding of the issues. Since Nevada can both contribute to and benefit from such interstate activities, it is appropriate that a [committee] subcommittee on matters relating to public lands be assigned primary responsibility for participating in them.
κ2021 Statutes of Nevada, Page 2510 (CHAPTER 392, AB 443)κ
Sec. 13.3. NRS 218E.505 is hereby amended to read as follows:
218E.505 As used in NRS 218E.500 to 218E.525, inclusive, unless the context otherwise requires, [Committee] Subcommittee means the [Legislative Committee] Subcommittee on Public Lands [.] of the Joint Interim Standing Committee on Natural Resources.
Sec. 13.5. NRS 218E.510 is hereby amended to read as follows:
218E.510 1. There is hereby [established a Legislative Committee] created the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources, consisting of [four] members [of the Senate, four members of the Assembly and one] appointed by the Chair of the Joint Interim Standing Committee on Natural Resources, who must include:
(a) Two members of the Senate who are members of the Joint Interim Standing Committee on Natural Resources;
(b) Two members of the Assembly who are members of the Joint Interim Standing Committee on Natural Resources; and
(c) One elected officer representing the governing body of a local political subdivision, appointed [by the Legislative Commission] with appropriate regard for his or her experience with and knowledge of matters relating to public lands.
2. The members who are Legislators must be appointed to provide representation from the various geographical regions of the State.
[2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.]
3. The [members] Chair of the Joint Interim Standing Committee on Natural Resources shall [select] appoint a Chair of the Subcommittee from one House and a Vice Chair of the Subcommittee from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the [members of the Committee shall select a replacement] vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Any member of the [Committee] Subcommittee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes.
5. Vacancies on the [Committee] Subcommittee must be filled in the same manner as original appointments.
6. The [Legislative Commission] Chair of the Joint Interim Standing Committee on Natural Resources may appoint alternates for members of the [Committee.] Subcommittee. The Chair of the [Committee:] Subcommittee:
(a) May designate an alternate appointed by the [Legislative Commission] Chair of the Joint Interim Standing Committee on Natural Resources to serve in place of a regular member who is unable to attend a meeting; and
(b) Shall [appoint] , for a member who is a Legislator, designate an alternate appointed by the Chair of the Joint Interim Standing Committee on Natural Resources who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available.
κ2021 Statutes of Nevada, Page 2511 (CHAPTER 392, AB 443)κ
Sec. 13.7. NRS 218E.515 is hereby amended to read as follows:
218E.515 1. Except as otherwise ordered by the Legislative Commission, the members of the [Committee] Subcommittee shall meet not earlier than [September] November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair of the Subcommittee or a majority of the [Committee.] Subcommittee.
2. The Research Director or the Research Directors designee shall act as the nonvoting recording Secretary.
3. The [Committee] Subcommittee shall prescribe rules for its own management and government.
4. [Five] A majority of the members of the [Committee constitute] Subcommittee constitutes a quorum, and a quorum may exercise all the power and authority conferred on the [Committee.] Subcommittee.
5. Except during a regular or special session, for each day or portion of a day during which members of the [Committee] Subcommittee who are Legislators attend a meeting of the [Committee] Subcommittee or are otherwise engaged in the business of the [Committee,] Subcommittee, the members are entitled to receive:
(a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;
(b) The per diem allowance provided for state officers and employees generally; and
(c) The travel expenses provided pursuant to NRS 218A.655.
6. All such compensation, per diem allowances and travel expenses of the members of the Subcommittee who are Legislators must be paid from the Legislative Fund.
7. The member of the [Committee] Subcommittee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his or her position for each day of attendance at a meeting of the [Committee] Subcommittee and while engaged in the business of the [Committee,] Subcommittee, to be paid by the local political subdivision.
Sec. 14. NRS 218E.520 is hereby amended to read as follows:
218E.520 1. The [Committee] Subcommittee may:
(a) Review and comment on any administrative policy, rule or regulation of the:
(1) Secretary of the Interior which pertains to policy concerning or management of public lands under the control of the Federal Government; and
(2) Secretary of Agriculture which pertains to policy concerning or management of national forests;
(b) Conduct investigations and hold hearings in connection with its review, including, but not limited to, investigating the effect on the State, its citizens, political subdivisions, businesses and industries of those policies, rules, regulations and related laws, and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive;
(c) Consult with and advise the State Land Use Planning Agency on matters concerning federal land use, policies and activities in this State;
(d) Direct the Legislative Counsel Bureau to assist in its research, investigations, review and comment;
κ2021 Statutes of Nevada, Page 2512 (CHAPTER 392, AB 443)κ
(e) Recommend to the Legislature as a result of its review any appropriate state legislation or corrective federal legislation;
(f) Advise the Attorney General if it believes that any federal policy, rule or regulation which it has reviewed encroaches on the sovereignty respecting land or water or their use which has been reserved to the State pursuant to the Constitution of the United States;
(g) Enter into a contract for consulting services for land planning and any other related activities, including, but not limited to:
(1) Advising the [Committee] Subcommittee and the State Land Use Planning Agency concerning the revision of the plans pursuant to NRS 321.7355;
(2) Assisting local governments in the identification of lands administered by the Federal Government in this State which are needed for residential or economic development or any other purpose; and
(3) Assisting local governments in the acquisition of federal lands in this State;
(h) Apply for any available grants and accept any gifts, grants or donations to assist the [Committee] Subcommittee in carrying out its duties; and
(i) Review and comment on any other matter relating to the preservation, conservation, use, management or disposal of public lands deemed appropriate by the Chair of the [Committee] Subcommittee or by a majority of the members of the [Committee.] Subcommittee.
2. Any reference in this section to federal policies, rules, regulations and related federal laws includes those which are proposed as well as those which are enacted or adopted.
Sec. 15. NRS 218E.525 is hereby amended to read as follows:
218E.525 1. The [Committee] Subcommittee shall:
(a) Actively support the efforts of state and local governments in the western states regarding public lands and state sovereignty as impaired by federal ownership of land.
(b) Advance knowledge and understanding in local, regional and national forums of Nevadas unique situation with respect to public lands.
(c) Support legislation that will enhance state and local roles in the management of public lands and will increase the disposal of public lands.
2. The [Committee:] Subcommittee:
(a) Shall review the programs and activities of:
(1) The Colorado River Commission of Nevada;
(2) All public water authorities, districts and systems in the State of Nevada, including, without limitation, the Southern Nevada Water Authority, the Truckee Meadows Water Authority, the Virgin Valley Water District, the Carson Water Subconservancy District, the Humboldt River Basin Water Authority and the Truckee-Carson Irrigation District; and
(3) All other public or private entities with which any county in the State has an agreement regarding the planning, development or distribution of water resources, or any combination thereof;
(b) Shall submit recommendations for legislation to the Joint Interim Standing Committee on Natural Resources;
(c) Shall, on or before January 15 of each odd-numbered year, submit to the [Director] Joint Interim Standing Committee on Natural Resources for transmittal to the Legislature a report concerning the review conducted pursuant to paragraph (a); and
κ2021 Statutes of Nevada, Page 2513 (CHAPTER 392, AB 443)κ
[(c)] (d) May review and comment on other issues relating to water resources in this State, including, without limitation:
(1) The laws, regulations and policies regulating the use, allocation and management of water in this State; and
(2) The status of existing information and studies relating to water use, surface water resources and groundwater resources in this State.
Sec. 16. NRS 218E.615 is hereby amended to read as follows:
218E.615 The Joint Interim Standing Committee on Education may:
1. Evaluate, review and comment upon issues related to education within this State, including, but not limited to:
(a) Programs to enhance accountability in education;
(b) Legislative measures regarding education;
(c) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the statewide system of accountability for public schools;
(d) Methods of financing public education;
(e) The condition of public education in the elementary and secondary schools;
(f) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;
(g) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and
(h) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.
2. Conduct investigations and hold hearings in connection with its duties pursuant to this section . [and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.]
3. Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.
4. Make recommendations to the Legislature concerning the manner in which public education may be improved.
Sec. 17. NRS 218E.625 is hereby amended to read as follows:
218E.625 1. The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division. The Fiscal Analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the Fiscal Analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.
2. The Bureau shall, as the Fiscal Analysts determine is necessary or at the request of the Joint Interim Standing Committee [:] on Education:
(a) Collect and analyze data and issue written reports concerning:
(1) The effectiveness of the provisions of chapter 385A of NRS in improving the accountability of the schools of this State;
(2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;
(3) The statewide program to educate persons with disabilities that is set forth in NRS 388.5223 to 388.5243, inclusive;
(4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 390.830; and
(5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.
κ2021 Statutes of Nevada, Page 2514 (CHAPTER 392, AB 443)κ
(b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:
(1) As the Fiscal Analysts determine are necessary; or
(2) At the request of the Legislature.
Κ This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.
(c) On or before October 1 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the next regular session. The Bureau shall, on or before October 1 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the Legislative Commission and to the [Legislative] Joint Interim Standing Committee on Education.
3. The Bureau may, pursuant to NRS 218F.620, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.
4. Except as otherwise provided in this subsection and NRS 239.0115, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218F.150. The Bureau may, at the discretion of the Chief and after submission to the Legislature or Legislative Commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.
5. This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.
Sec. 18. NRS 218E.815 is hereby amended to read as follows:
218E.815 1. The Joint Interim Standing Committee on Growth and Infrastructure may:
(a) Evaluate, review and comment upon matters related to energy policy within this State, including, without limitation:
(1) Policies, plans or programs relating to the production, consumption or use of energy in this State;
(2) Legislative measures regarding energy policy;
(3) The progress made by this State in satisfying the goals and objectives of Senate Bill No. 123 of the 77th Session of the Nevada Legislature;
(4) The effect of any policy, plan, program or legislation on rates or rate payers;
(5) The effect of any policy, plan, program or legislation on economic development in this State;
(6) The effect of any policy, plan, program or legislation on the environment;
(7) Any contracts or requests for proposals relating to the purchase of capacity;
κ2021 Statutes of Nevada, Page 2515 (CHAPTER 392, AB 443)κ
(8) The effect of any policy, plan, program or legislation which provides for the construction or acquisition of facilities for the generation of electricity;
(9) The effect of any policy, plan, program or legislation on the development of a market in this State for electricity generated from renewable energy;
(10) The infrastructure and transmission requirements of any policy, plan, program or legislation; and
(11) Any other matters or topics that, in the determination of the Committee, affect energy policy in this State.
(b) Conduct investigations and hold hearings in connection with its duties pursuant to this section . [and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.]
(c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.
(d) Make recommendations to the Legislature concerning the manner in which energy policy may be implemented or improved.
2. As used in this section, renewable energy has the meaning ascribed to it in NRS 701.070.
Sec. 19. NRS 62H.320 is hereby amended to read as follows:
62H.320 1. The Director of the Department of Health and Human Services shall establish within the Department a program to compile and analyze data concerning juvenile sex offenders. The program must be designed to:
(a) Provide statistical data relating to the recidivism of juvenile sex offenders; and
(b) Use the data provided by the Division of Child and Family Services of the Department of Health and Human Services pursuant to NRS 62H.220 to assess the effectiveness of programs for the treatment of juvenile sex offenders.
2. The Director of the Department of Health and Human Services shall report the statistical data and findings from the program to:
(a) The Legislature at the beginning of each regular session.
(b) The [Advisory Commission on the Administration of Justice] Joint Interim Standing Committee on the Judiciary on or before January 31 of each even-numbered year.
3. The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.
Sec. 20. NRS 176.0127 is hereby amended to read as follows:
176.0127 1. The Department of Corrections shall:
(a) Provide the [Commission] Joint Interim Standing Committee on the Judiciary with any available statistical information or research requested by the [Commission] Committee and assist the [Commission] Committee in the compilation and development of information requested by the [Commission,] Committee, including, but not limited to, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders;
κ2021 Statutes of Nevada, Page 2516 (CHAPTER 392, AB 443)κ
[(b) If requested by the Commission, make available to the Commission the use of the computers and programs which are owned by the Department of Corrections;] and
[(c)] (b) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.
2. The Division shall:
(a) Provide the [Commission] Joint Interim Standing Committee on the Judiciary with any available statistical information or research requested by the [Commission] Committee and assist the [Commission] Committee in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division;
[(b) If requested by the Commission, make available to the Commission the use of the computers and programs which are owned by the Division;] and
[(c)] (b) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.
Sec. 21. NRS 176.0128 is hereby amended to read as follows:
176.0128 The Central Repository for Nevada Records of Criminal History shall:
1. Facilitate the collection of statistical data in the manner approved by the Director of the Department of Public Safety and coordinate the exchange of such data with agencies of criminal justice within this State, including:
(a) State and local law enforcement agencies;
(b) The Office of the Attorney General;
(c) The Court Administrator;
(d) The Department of Corrections; and
(e) The Division.
2. Provide the [Commission] Joint Interim Standing Committee on the Judiciary with available statistical data and information requested by the [Commission.] Committee.
Sec. 22. NRS 176.0129 is hereby amended to read as follows:
176.0129 The Office of Finance shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of NRS 333.700, to [:
1. Review] review sentences imposed in this State and the practices of the State Board of Parole Commissioners and project annually the number of persons who will be:
[(a)] 1. In a facility or institution of the Department of Corrections;
[(b)] 2. On probation;
[(c)] 3. On parole; and
[(d)] 4. Serving a term of residential confinement,
Κ during the 10 years immediately following the date of the projection . [; and
2. Review preliminary proposals and information provided by the Commission and project annually the number of persons who will be:
(a) In a facility or institution of the Department of Corrections;
(b) On probation;
κ2021 Statutes of Nevada, Page 2517 (CHAPTER 392, AB 443)κ
(c) On parole; and
(d) Serving a term of residential confinement,
Κ during the 10 years immediately following the date of the projection, assuming the preliminary proposals were recommended by the Commission and enacted by the Legislature.]
Sec. 23. NRS 200.3788 is hereby amended to read as follows:
200.3788 1. A statewide program to track sexual assault forensic evidence kits must be established in this State. The Attorney General shall, pursuant to the recommendation of the Sexual Assault Kit Working Group, designate a department or division of the Executive Department of State Government to establish the program. The designated department or division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of this section.
2. The program to track sexual assault forensic evidence kits must:
(a) Track the location and status of sexual assault forensic evidence kits, including, without limitation, the initial forensic medical examination, receipt by a law enforcement agency and receipt and genetic marker analysis at a forensic laboratory.
(b) Allow providers of health care who perform forensic medical examinations, law enforcement agencies, prosecutors, forensic laboratories and any other entities having sexual assault forensic evidence kits in their custody to track the status and location of sexual assault forensic evidence kits.
(c) Allow a victim of sexual assault to anonymously track or receive, by telephone or on an Internet website, updates regarding the status and location of his or her sexual assault forensic evidence kit.
3. The department or division designated pursuant to subsection 1 shall, on or before January 1 and July 1 of each year, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the [Advisory Commission on the Administration of Justice] Joint Interim Standing Committee on the Judiciary and post on the Internet website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits. The report must include:
(a) The number of sexual assault forensic evidence kits in the program in each county.
(b) The number of sexual assault forensic evidence kits for which genetic marker analysis has been completed for each county for the last 6 months.
(c) The number of sexual assault forensic evidence kits added to the program in each county during the last 6 months.
(d) The number of sexual assault forensic evidence kits for which genetic marker analysis has been requested but not completed for each county.
(e) For this State as a whole and each county, the average and median time between a forensic medical examination and receipt of a sexual assault forensic evidence kit by a forensic laboratory for genetic marker analysis, overall and for the last 6 months.
(f) For this State as a whole and each county, the average and median time between receipt of a sexual assault forensic evidence kit by a forensic laboratory and genetic marker analysis, overall and for the last 6 months.
(g) The number of sexual assault forensic evidence kits in each county awaiting genetic marker analysis for more than 1 year and 6 months after forensic medical examination.
κ2021 Statutes of Nevada, Page 2518 (CHAPTER 392, AB 443)κ
4. Each law enforcement agency, prosecutor, forensic laboratory and provider of health care who performs forensic medical examinations in this State shall participate in the statewide program to track sexual assault forensic evidence kits for the purpose of tracking the status of any sexual assault forensic evidence kits in the custody of the agency, prosecutor, laboratory or provider, or a third party under contract with such agency, prosecutor, laboratory or provider.
5. Any agency or person who acts pursuant to this section in good faith and without gross negligence is immune from civil liability for those acts.
6. The department or division designated pursuant to subsection 1 may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.
7. As used in this section, Sexual Assault Kit Working Group means the statewide working group led by the Office of the Attorney General to create policies and procedures to address the backlog of sexual assault forensic evidence kits that have not been tested.
Sec. 24. NRS 209.192 is hereby amended to read as follows:
209.192 1. There is hereby created in the State Treasury a Fund for New Construction of Facilities for Prison Industries as a capital projects fund. The Director shall deposit in the Fund the deductions made pursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the Fund must only be expended:
(a) To house new industries or expand existing industries in the industrial program to provide additional employment of offenders;
(b) To relocate, expand, upgrade or modify an existing industry in the industrial program to enhance or improve operations or security or to provide additional employment or training of offenders;
(c) To purchase or lease equipment to be used for the training of offenders or in the operations of prison industries;
(d) To pay or fund the operations of prison industries, including, without limitation, paying the salaries of staff and wages of offenders if the cash balance in the Fund for Prison Industries is below the average monthly expenses for the operation of prison industries;
(e) To advertise and promote the goods produced and services provided by prison industries; or
(f) For any other purpose authorized by the Legislature.
2. Before money in the Fund may be expended:
(a) As described in paragraphs (b) to (e), inclusive, of subsection 1, the Director shall submit a proposal for the expenditure to the Joint Interim Standing Committee on [Industrial Programs] the Judiciary and the State Board of Examiners.
(b) For construction, the Director shall submit a proposal for the expenditure to the State Board of Examiners.
3. Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
κ2021 Statutes of Nevada, Page 2519 (CHAPTER 392, AB 443)κ
4. If any money in the Fund is used as described in paragraph (d) of subsection 1, the Director shall repay the amount used as soon as sufficient money is available in the Fund for Prison Industries.
5. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
6. As used in this section, Fund means Fund for New Construction of Facilities for Prison Industries.
Sec. 25. NRS 209.459 is hereby amended to read as follows:
209.459 1. The Director shall:
(a) Submit a report to the Joint Interim Standing Committee on [Industrial Programs] the Judiciary identifying the potential impacts of any new program for the employment of offenders on private employers and labor in this State. In preparing such a report, the Director shall include any information required pursuant to paragraph (b) of subsection 7 of NRS 209.461 and must perform due diligence in obtaining such information from:
(1) The Department of Employment, Training and Rehabilitation;
(2) The Department of Business and Industry;
(3) The Office of Economic Development; and
(4) Representatives of organized labor in this State.
(b) Seek and present the recommendations of the Joint Interim Standing Committee on [Industrial Programs] the Judiciary to the Board of State Prison Commissioners and, with the approval of the Board of State Prison Commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the Department or by private employers.
2. Before any new program for the employment of offenders is established pursuant to this section, the Director shall submit any contract related to the employment of such offenders to the State Board of Examiners for approval.
Sec. 26. NRS 209.461 is hereby amended to read as follows:
209.461 1. The Director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the Director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The Director shall require as a condition of employment that an offender sign an authorization for the deductions from his or her wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
κ2021 Statutes of Nevada, Page 2520 (CHAPTER 392, AB 443)κ
(f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the State and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(h) On or before January 1, 2014, and every 5 years thereafter, submit a report to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on [Industrial Programs.] the Judiciary. The report must include, without limitation, an analysis of existing contracts with private employers for the employment of offenders and the potential impact of those contracts on private industry in this State.
(i) Submit a report to each meeting of the Interim Finance Committee identifying any accounts receivable related to a program for the employment of offenders.
2. Every program for the employment of offenders established by the Director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Have an insignificant effect on the number of jobs available to the residents of this State; and
(d) Provide occupational training for offenders.
3. An offender may not engage in vocational training, employment or a business that requires or permits the offender to:
(a) Telemarket or conduct opinion polls by telephone; or
(b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.
4. Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the Director must result in a profit for the Department. The following must not be included in determining whether there is a profit for the Department:
(a) Fees credited to the Fund for Prison Industries pursuant to NRS 482.268, any revenue collected by the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.
(b) The selling expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, selling expenses means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.
(c) The general and administrative expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, general and administrative expenses means the salary of the Deputy Director of Industrial Programs and the salaries of any other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.
5. If any state-sponsored program incurs a net loss for 2 consecutive fiscal years, the Director shall appear before the Joint Interim Standing Committee on [Industrial Programs] the Judiciary to explain the reasons for the net loss and provide a plan for the generation of a profit in the next fiscal year.
κ2021 Statutes of Nevada, Page 2521 (CHAPTER 392, AB 443)κ
the net loss and provide a plan for the generation of a profit in the next fiscal year. If the program does not generate a profit in the third fiscal year, the Director shall take appropriate steps to resolve the issue.
6. Except as otherwise provided in subsection 3, the Director may, with the approval of the Board:
(a) Lease spaces and facilities within any institution of the Department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the Department at certain times for the purpose of vocational training or employment.
7. Before entering into any contract with a private employer for the employment of offenders pursuant to subsection 1, the Director shall obtain from the private employer:
(a) A personal guarantee to secure an amount fixed by the Director of:
(1) For a contract that does not relate to construction, not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract; or
(2) For a contract that relates to construction, not less than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract,
Κ or a security agreement to secure any debt, obligation or other liability of the private employer under the contract, including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department. The Director shall appear before the Joint Interim Standing Committee on [Industrial Programs] the Judiciary to explain the reasons for the amount fixed by the Director for any personal guarantee or surety bond.
(b) A detailed written analysis on the estimated impact of the contract on private industry in this State. The written analysis must include, without limitation:
(1) The number of private companies in this State currently providing the types of products and services offered in the proposed contract.
(2) The number of residents of this State currently employed by such private companies.
(3) The number of offenders that would be employed under the contract.
(4) The skills that the offenders would acquire under the contract.
8. The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.
κ2021 Statutes of Nevada, Page 2522 (CHAPTER 392, AB 443)κ
9. As used in this section, state-sponsored program means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.
Sec. 27. NRS 209.4818 is hereby amended to read as follows:
209.4818 1. The Joint Interim Standing Committee on [Industrial Programs] the Judiciary shall:
(a) Be informed on issues and developments relating to industrial programs for correctional institutions;
(b) Submit a semiannual report to the Interim Finance Committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
(c) Report to the Legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;
(d) [Meet at least quarterly and at the call of the Chair to review the operation of current and proposed industrial programs;
(e)] Recommend three persons to the Director for appointment as the Deputy Director for Industrial Programs whenever a vacancy exists;
[(f)] (e) Before any new industrial program is established by the Director, review the proposed program for compliance with the requirements of subsections 2, 3, 4 and 7 of NRS 209.461 and submit to the Director its recommendations concerning the proposed program; and
[(g)] (f) Review each state-sponsored industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably. If the Committee determines that a program has incurred a net loss in 3 consecutive fiscal years, the Committee shall report its finding to the Director with a recommendation regarding whether the program should be continued or terminated. If the Director does not accept the recommendation of the Committee, the Director shall submit a written report to the Committee setting forth his or her reasons for rejecting the recommendation.
2. Upon the request of the Joint Interim Standing Committee on [Industrial Programs,] the Judiciary, the Director and the Deputy Director for Industrial Programs shall provide to the Committee any information that the Committee determines is relevant to the performance of the duties of the Committee.
3. As used in this section, state-sponsored industry program means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.
Sec. 28. NRS 233B.063 is hereby amended to read as follows:
233B.063 1. An agency that intends to adopt, amend or repeal a permanent regulation must deliver to the Legislative Counsel a copy of the proposed regulation. The Legislative Counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is submitted to the Legislative Counsel between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to the Legislative Counsel. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the Legislative Counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1.
κ2021 Statutes of Nevada, Page 2523 (CHAPTER 392, AB 443)κ
to the standards of subsection 1. Unless it is submitted between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall return it with any appropriate revisions within 30 days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the Legislative Counsel shall also deliver one copy of the approved or revised text of the regulation to the [Legislative] Joint Interim Standing Committee on Health [Care.] and Human Services.
3. An agency may adopt a temporary regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a permanent regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.
Sec. 29. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except as otherwise provided in NRS 293.247 or where a later date is specified in the regulation.
2. Except as otherwise provided in NRS 233B.0633, an agency that has adopted a temporary regulation may not file the temporary regulation with the Secretary of State until 35 days after the date on which the temporary regulation was adopted by the agency. A temporary regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of the regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.
3. An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the emergency regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.
4. The Secretary of State shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
5. The Secretary of State shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
6. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not already filed with the State Library, Archives and Public Records Administrator, to the State Library, Archives and Public Records Administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services within 10 days after the regulation is filed with the Secretary of State.
κ2021 Statutes of Nevada, Page 2524 (CHAPTER 392, AB 443)κ
permanent regulation relating to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services within 10 days after the regulation is filed with the Secretary of State.
7. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
8. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 30. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, [176.01249,] 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
κ2021 Statutes of Nevada, Page 2525 (CHAPTER 392, AB 443)κ
394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
κ2021 Statutes of Nevada, Page 2526 (CHAPTER 392, AB 443)κ
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 31. NRS 321.7355 is hereby amended to read as follows:
321.7355 1. The State Land Use Planning Agency shall prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the acquisition and use of lands in the State of Nevada that are under federal management.
2. The State Land Use Planning Agency shall, in preparing the plans and statements of policy, identify lands which are suitable for acquisition for:
(a) Commercial, industrial or residential development;
(b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or
(c) Accommodating increases in the population of this State.
Κ The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.
3. The State Land Use Planning Agency shall:
(a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;
(b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council and [any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands;] the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources; and
κ2021 Statutes of Nevada, Page 2527 (CHAPTER 392, AB 443)κ
Commission that deal with matters concerning the public lands;] the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources; and
(c) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.
4. Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or policy statements to the Governor, the Legislature , the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:
(a) The Land Use Planning Advisory Council; and
(b) [Any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands.] The Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources.
5. A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.
Sec. 31.5. NRS 332.215 is hereby amended to read as follows:
332.215 1. Each county of this state whose population is 100,000 or more, must be a member of the Commission to Study Governmental Purchasing which is composed of all purchasing agents of the local governments within those counties. Each county whose population is less than 100,000 may participate as a voting member of the Commission. The members shall select a Chair from among their number.
2. The Commission shall meet no less than quarterly or at the call of the Chair to study practices in governmental purchasing and laws relating thereto and shall make recommendations with respect to those laws to the next regular session of the Legislature.
3. On or before July 1 of each even-numbered year, the Commission shall submit a written report to the Joint Interim Standing Committee on Legislative Operations and Elections that includes any recommendations of the Commission for legislation relating to governmental purchasing.
Secs. 32 and 33. (Deleted by amendment.)
Sec. 34. NRS 385A.030 is hereby amended to read as follows:
385A.030 Committee means the [Legislative] Joint Interim Standing Committee on Education created pursuant to [NRS 218E.605.] section 6 of this act.
Sec. 35. NRS 387.1215 is hereby amended to read as follows:
387.1215 1. To account for variation between the counties of this State in the cost of living and the cost of labor, the Department shall establish by regulation cost adjustment factors for the school district located in, and each charter school that provides classroom-based instruction in, each county of this State.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the cost adjustment factors for the school district located in each county of this State. The Department shall present the review and any revisions at a meeting of the [Legislative] Joint Interim Standing Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the [Legislative] Joint Interim Standing Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the cost adjustment factors.
κ2021 Statutes of Nevada, Page 2528 (CHAPTER 392, AB 443)κ
the Department shall consider any recommendations of the [Legislative] Joint Interim Standing Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the cost adjustment factors. The Department shall submit any revision to the cost adjustment factors to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 36. NRS 387.1216 is hereby amended to read as follows:
387.1216 1. To account for the increased cost to a school district to operate a public school for a small number of pupils which may be necessary in certain circumstances, the Department shall establish by regulation a method to calculate an adjustment for each necessarily small school.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the method for determining the adjustment for each necessarily small school. The Department shall present the review and any revisions at a meeting of the [Legislative] Joint Interim Standing Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the [Legislative] Joint Interim Standing Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the method. The Department shall submit any revision to the method to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 37. NRS 387.1218 is hereby amended to read as follows:
387.1218 1. To account for the increased cost per pupil to operate a school district in which relatively fewer pupils are enrolled, the Department shall establish by regulation a small district equity adjustment.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the method for calculating the small district equity adjustment. The Department shall present the review and any revisions at a meeting of the [Legislative] Joint Interim Standing Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the [Legislative] Joint Interim Standing Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the method. The Department shall submit any revision to the method to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 38. NRS 387.12455 is hereby amended to read as follows:
387.12455 1. Except as otherwise provided in subsection 5, for the purpose of establishing budgetary estimates for expenditures and revenues for the State Education Fund as prescribed by the State Budget Act, the Governor shall, to the extent practicable, ensure that an amount of money in the State General Fund is reserved in the proposed executive budget for transfer to the State Education Fund which is sufficient to fully fund:
(a) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the rate of increase for the revenue collected by the State as projected by the Economic Forum.
κ2021 Statutes of Nevada, Page 2529 (CHAPTER 392, AB 443)κ
immediately preceding biennium increased by an amount not less than the rate of increase for the revenue collected by the State as projected by the Economic Forum.
(b) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is not greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State.
(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.
2. Except as otherwise provided in subsection 5, as part of the proposed executive budget, the Governor shall, to the extent practicable, include recommendations for:
(a) The statewide base per pupil funding amount, which must be equal to the statewide base per pupil funding amount for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of NRS 387.1212, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount and the multiplier for each category of pupils pursuant to paragraph (b); and
(b) The multiplier for each category of pupils, which must not be less than the multiplier for the immediately preceding biennium unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of NRS 387.1212, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount pursuant to paragraph (a) and the multiplier for each category of pupils; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of NRS 387.1212, increases from the preceding fiscal year but in an amount which, after recommending the statewide base per pupil funding amount pursuant to paragraph (a), is insufficient to fund the multiplier for each category of pupils, in which event the Governor must recommend the remaining money in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of NRS 387.1212, be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year.
κ2021 Statutes of Nevada, Page 2530 (CHAPTER 392, AB 443)κ
3. When determining the amount of money to reserve for transfer from the State General Fund to the State Education Fund pursuant to subsection 1, the Governor shall consider the recommendations of the Commission, as revised by the [Legislative] Joint Interim Standing Committee on Education, if applicable, for an optimal level of funding for education and may reserve an additional amount of money for transfer to the State Education Fund that the Governor determines to be sufficient to fund any recommendation or any portion of a recommendation that the Governor includes in the proposed executive budget.
4. As part of the proposed executive budget, the Governor may recommend to the Legislature a revision to any appropriation made by law pursuant to NRS 387.1214, including, without limitation, the statewide base per pupil funding amount, the adjusted base per pupil funding for any school district, the multiplier for weighted funding for any category of pupils or the creation or elimination of a category of pupils to receive additional weighted funding. The Governor may recommend additional funding for any recommendation made pursuant to this subsection.
5. If the Governor determines that it would be impracticable to prepare the proposed executive budget as described in subsection 1 or 2, the Governor may instead include in the proposed executive budget a recommendation for such funding for the public schools in this State as he or she determines to be appropriate. If the Governor includes in the proposed executive budget recommendations pursuant to this subsection, the recommendations must be accompanied by such recommendations for legislation as the Governor determines to be appropriate to improve the method by which funding for the public schools in this State is determined.
6. As used in this section, rate of inflation means the percentage of increase or decrease in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Governor.
Sec. 39. NRS 387.12463 is hereby amended to read as follows:
387.12463 1. The Commission shall:
(a) Provide guidance to school districts and the Department on the implementation of the Pupil-Centered Funding Plan.
(b) Monitor the implementation of the Pupil-Centered Funding Plan and make any recommendations to the [Legislative] Joint Interim Standing Committee on Education that the Commission determines would, within the limits of appropriated funding, improve the implementation of the Pupil-Centered Funding Plan or correct any deficiencies of the Department or any school district or public school in carrying out the Pupil-Centered Funding Plan.
(c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding. If the Commission makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.
κ2021 Statutes of Nevada, Page 2531 (CHAPTER 392, AB 443)κ
money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.
(d) Review the laws and regulations of this State relating to education, make recommendations to the [Legislative] Joint Interim Standing Committee on Education for any revision of such laws and regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.
(e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to NRS 387.1215, the method for determining the adjustment for each necessarily small school established pursuant to NRS 387.1216 and the method for calculating the small district equity adjustment established pursuant to NRS 387.1218.
2. The Commission shall present any recommendations pursuant to paragraphs (a) to (d), inclusive, of subsection 1 at a meeting of the [Legislative] Joint Interim Standing Committee on Education for consideration and revision by the Committee. The [Legislative] Joint Interim Standing Committee on Education shall review each recommendation of the Commission and determine whether to transmit the recommendation or a revised version of the recommendation to the Governor or the Legislature.
Sec. 40. NRS 388.787 is hereby amended to read as follows:
388.787 Committee means the [Legislative] Joint Interim Standing Committee on Education created pursuant to [NRS 218E.605.] section 6 of this act.
Sec. 41. NRS 390.800 is hereby amended to read as follows:
390.800 1. In addition to any other test, examination or assessment required by state or federal law, the board of trustees of each school district may require the administration of district-wide tests, examinations and assessments that the board of trustees determines are vital to measure the achievement and progress of pupils. In making this determination, the board of trustees shall consider any applicable findings and recommendations of the [Legislative] Joint Interim Standing Committee on Education.
2. The tests, examinations and assessments required pursuant to subsection 1 must be limited to those which can be demonstrated to provide a direct benefit to pupils or which are used by teachers to improve instruction and the achievement of pupils.
3. The board of trustees of each school district and the State Board shall periodically review the tests, examinations and assessments administered to pupils to ensure that the time taken from instruction to conduct a test, examination or assessment is warranted because it is still accomplishing its original purpose.
Sec. 42. NRS 391.492 is hereby amended to read as follows:
391.492 1. There is hereby created the Nevada State Teacher Recruitment and Retention Advisory Task Force consisting of the following members:
(a) One licensed teacher employed by each school district located in a county whose population is less than 100,000, appointed by the [Legislative] Joint Interim Standing Committee on Education;
κ2021 Statutes of Nevada, Page 2532 (CHAPTER 392, AB 443)κ
(b) Two licensed teachers employed by each school district located in a county whose population is 100,000 or more but less than 700,000, appointed by the [Legislative] Joint Interim Standing Committee on Education; and
(c) Three licensed teachers employed by each school district located in a county whose population is 700,000 or more, appointed by the [Legislative] Joint Interim Standing Committee on Education.
2. After the initial terms, each member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term. If any member of the Task Force ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the [Legislative] Joint Interim Standing Committee on Education shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.
3. The Task Force shall, at its first meeting and each odd-numbered year thereafter, elect a Chair from among its members.
4. The Task Force shall meet at least quarterly and may meet at other times upon the call of the Chair or a majority of the members of the Task Force. In even-numbered years, the Task Force shall have three meetings before the final meeting of the [Legislative] Joint Interim Standing Committee on Education. In even-numbered years, the fourth meeting of the Task Force must be a presentation to the [Legislative] Joint Interim Standing Committee on Education of the findings and recommendations of the Task Force made pursuant to NRS 391.496.
5. Ten members of the Task Force constitute a quorum, and a quorum may exercise all the power and authority conferred on the Task Force.
6. Members of the Task Force serve without compensation, except that for each day or portion of a day during which a member of the Task Force attends a meeting of the Task Force or is otherwise engaged in the business of the Task Force, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. Each member of the Task Force who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
8. The Department shall provide administrative support to the Task Force.
Sec. 43. NRS 391.494 is hereby amended to read as follows:
391.494 1. Each member of the Task Force must:
(a) Be a licensed teacher with at least 5 consecutive years of experience teaching in a public school in this State;
(b) Be currently employed as a teacher and actively teaching in a public school in this State, and remain employed as a teacher in a public school in this State for the duration of the members term; and
κ2021 Statutes of Nevada, Page 2533 (CHAPTER 392, AB 443)κ
(c) Not be currently serving on any other education-related board, commission, council, task force or similar governmental entity.
2. On or before December 1, 2019, the Department shall prescribe a uniform application for a teacher to use to apply to serve on the Task Force.
3. A teacher who wishes to serve on the Task Force must submit an application prescribed pursuant to subsection 2 to the [Legislative] Joint Interim Standing Committee on Education on or before January 15 of an even-numbered year. On or before February 1 of each even-numbered year, the [Legislative] Joint Interim Standing Committee on Education shall select one or more teachers, as applicable, to serve as a member of the Task Force.
Sec. 44. NRS 391.496 is hereby amended to read as follows:
391.496 The Task Force shall:
1. Evaluate the challenges in attracting and retaining teachers throughout this State;
2. Make recommendations to the [Legislative] Joint Interim Standing Committee on Education to address the challenges in attracting and retaining teachers throughout this State, including, without limitation, providing incentives to attract and retain teachers; and
3. On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature describing the findings and recommendations of the Task Force.
Sec. 45. NRS 439.983 is hereby amended to read as follows:
439.983 Upon the resolution of a public health emergency or other health event, the emergency team shall:
1. Make recommendations to the State Board of Health and local boards of health with respect to regulations or policies which may be adopted to prevent public health emergencies and other health events or to improve responses to public health emergencies and other health events; and
2. Evaluate the response of each state agency, division, board or other entity represented on the emergency team and make recommendations to the Governor and the Legislature or, if the Legislature is not in session, to the Legislative Commission and the [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services with respect to actions and measures that may be taken to improve such responses.
Sec. 46. NRS 439B.040 is hereby amended to read as follows:
439B.040 Committee means the [Legislative] Joint Interim Standing Committee on Health [Care.] and Human Services.
Sec. 47. NRS 439B.227 is hereby amended to read as follows:
439B.227 The [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services shall:
1. After each regular session of the Legislature, review any chapter added to this title or title 39 or 54 of NRS that authorizes or requires the issuance of a license, permit or certificate to a person who provides any service related to health care to determine if the person should be included as a person required to make a report pursuant to NRS 432B.220; and
2. Before the beginning of the next regular session of the Legislature, prepare a report concerning its findings pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must include, without limitation, any recommended legislation.
κ2021 Statutes of Nevada, Page 2534 (CHAPTER 392, AB 443)κ
Sec. 48. NRS 449.465 is hereby amended to read as follows:
449.465 1. The Director may, by regulation, impose fees upon admitted health insurers to cover the costs of carrying out the provisions of NRS 449.450 to 449.530, inclusive. The maximum amount of fees collected must not exceed the amount authorized by the Legislature in each biennial budget.
2. The Director shall impose a fee of $50 each year upon admitted health insurers for the support of the [Legislative] Joint Interim Standing Committee on Health [Care.] and Human Services. The fee imposed pursuant to this subsection is in addition to any fee imposed pursuant to subsection 1. The fee collected for the support of the [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services must be deposited in the Legislative Fund.
Sec. 49. NRS 449.520 is hereby amended to read as follows:
449.520 1. On or before October 1 of each year, the Director shall prepare and transmit to the Governor, the [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services and the Interim Finance Committee a report of the Departments operations and activities for the preceding fiscal year.
2. The report prepared pursuant to subsection 1 must include:
(a) Copies of all reports, summaries, compilations and supplementary reports required by NRS 449.450 to 449.530, inclusive, together with such facts, suggestions and policy recommendations as the Director deems necessary;
(b) A summary of the trends of the audits of hospitals in this State that the Department required or performed during the previous year;
(c) An analysis of the trends in the costs, expenses and profits of hospitals in this State;
(d) An analysis of the methodologies used to determine the corporate home office allocation of hospitals in this State;
(e) An examination and analysis of the manner in which hospitals are reporting the information that is required to be filed pursuant to NRS 449.490, including, without limitation, an examination and analysis of whether that information is being reported in a standard and consistent manner, which fairly reflect the operations of each hospital;
(f) A review and comparison of the policies and procedures used by hospitals in this State to provide discounted services to, and to reduce charges for services provided to, persons without health insurance;
(g) A review and comparison of the policies and procedures used by hospitals in this State to collect unpaid charges for services provided by the hospitals; and
(h) A summary of the status of the programs established pursuant to NRS 439A.220 and 439A.240 to increase public awareness of health care information concerning the hospitals and surgical centers for ambulatory patients in this State, including, without limitation, the information that was posted in the preceding fiscal year on the Internet website maintained for those programs pursuant to NRS 439A.270.
3. The [Legislative] Joint Interim Standing Committee on Health [Care] and Human Services shall develop a comprehensive plan concerning the provision of health care in this State which includes, without limitation:
κ2021 Statutes of Nevada, Page 2535 (CHAPTER 392, AB 443)κ
(a) A review of the health care needs in this State as identified by state agencies, local governments, providers of health care and the general public; and
(b) A review of the capital improvement reports submitted by hospitals pursuant to subsection 2 of NRS 449.490.
Sec. 50. NRS 481A.020 is hereby amended to read as follows:
481A.020 The designated representatives of this State to serve on the cooperating committee established by Article IV of the Multistate Highway Transportation Agreement are:
1. The Chair of the [Senate] Joint Interim Standing Committee on [Transportation] Growth and Infrastructure or a person designated by the Chair; and
2. The Vice Chair of the [Assembly] Joint Interim Standing Committee on [Transportation] Growth and Infrastructure or a person designated by the Vice Chair.
Sec. 51. NRS 482.367004 is hereby amended to read as follows:
482.367004 1. There is hereby created the Commission on Special License Plates [. The Commission is advisory to the Department and consists of five Legislators] consisting of the members of the Joint Interim Standing Committee on Growth and Infrastructure and three nonvoting members . [as follows:
(a) Five Legislators appointed by the Legislative Commission:
(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
(2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.
(b) Three]
2. The three nonvoting members [consisting of:
(1)] of the Commission consist of:
(a) The Director of the Department of Motor Vehicles, or a designee of the Director.
[(2)] (b) The Director of the Department of Public Safety, or a designee of the Director.
[(3)] (c) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.
[2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.]
3. [Members] The nonvoting members of the Commission serve without salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.
κ2021 Statutes of Nevada, Page 2536 (CHAPTER 392, AB 443)κ
5. The Commission shall recommend to the Department that the Department approve or disapprove:
(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;
(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and
(c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.
6. On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.
7. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817.
8. The Commission shall:
(a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees, including, without limitation, pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279. As used in this paragraph, additional fees means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.
(b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
Sec. 51.5. Section 1 of Assembly Bill No. 95 of this session is hereby amended to read as follows:
Section 1. NRS 218E.510 is hereby amended to read as follows:
218E.510 1. There is hereby [established a Legislative Committee] created the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources, consisting of [:
κ2021 Statutes of Nevada, Page 2537 (CHAPTER 392, AB 443)κ
(a) Four] members appointed by the Chair of the Joint Interim Standing Committee on Natural Resources, who must include:
(a) Two members of the Senate [;
(b) Four] who are members of the Joint Interim Standing Committee on Natural Resources;
(b) Two members of the Assembly [;] who are members of the Joint Interim Standing Committee on Natural Resources;
(c) One elected officer representing the governing body of a local political subdivision, appointed [by the Legislative Commission] with appropriate regard for his or her experience with and knowledge of matters relating to public lands; and
(d) One member representing tribal governments in Nevada who is recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, [and] appointed [by the Legislative Commission] with appropriate regard for their experience with and knowledge of matters relating to public lands;
2. The members who are Legislators must be appointed to provide representation from the various geographical regions of the State.
3. [The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.
4.] The [members] Chair of the Joint Interim Standing Committee on Natural Resources shall [select] appoint a Chair of the Subcommittee from one House and a Vice Chair of the Subcommittee from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the [members of the Committee shall select a replacement] vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.
[5.] 4. Any member of the [Committee] Subcommittee described in paragraph (a), (b) or (c) of subsection 1 who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes.
[6.] 5. Vacancies on the [Committee] Subcommittee must be filled in the same manner as original appointments.
[7.] 6. The [Legislative Commission] Chair of the Joint Interim Standing Committee on Natural Resources may appoint alternates for members of the [Committee.] Subcommittee. The Chair of the [Committee:] Subcommittee:
(a) May designate an alternate appointed by the [Legislative Commission] Chair of the Joint Interim Standing Committee on Natural Resources to serve in place of a regular member who is unable to attend a meeting; and
(b) Shall, for a member who is a legislator, [appoint] designate an alternate appointed by the Chair of the Joint Interim Standing Committee on Natural Resources who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available.
κ2021 Statutes of Nevada, Page 2538 (CHAPTER 392, AB 443)κ
Sec. 51.7. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $35,000 for costs to the Legislative Counsel Bureau related to supporting the work of interim studies during the 2021-2022 interim.
Sec. 52. 1. Except as otherwise provided in subsection 2 or any other provision of this act, if the provisions of any other provision of the Nevada Revised Statutes or any other act or resolution passed by any session of the Nevada Legislature, including, without limitation, the 81st Session of the Nevada Legislature, assign a power or duty to a committee or commission abolished by this act or require the submission of a report, document or information to such a committee or commission:
(a) The provisions of the other statute, act or resolution that assign the power or duty or require the submission of the report, document or information are superseded and abrogated by the provisions of this act; and
(b) The Legislative Counsel shall, in revising the Nevada Revised Statutes, assign the power or duty or require the report, document or information to be submitted to the Joint Interim Standing Committee created by section 6 of this act which has jurisdiction over the subject matter of the power, duty, document or information.
2. A Joint Interim Standing Committee created by section 6 of this act may conduct a legislative study or investigation only within the limits of the Committees budget and work program established pursuant to section 8 of this act. If the subject matter of a legislative study or investigation falls within the jurisdiction of more than one Joint Interim Standing Committee created by section 6 of this act, the Legislative Commission shall assign the study or investigation based on the budgets and work programs approved by the Legislative Commission for the Joint Interim Standing Committees.
3. As used in this section, legislative study or investigation includes, without limitation, any:
(a) Interim legislative study or investigation; or
(b) Legislative study or investigation assigned to a statutory legislative committee or commission, including, without limitation, a statutory legislative committee or commission abolished by the provisions of this act.
Sec. 53. 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. 54. On the effective date of this section, the State Controller shall transfer the remaining balance, if any, in the Special Account for the Support of the Advisory Commission on the Administration of Justice created pursuant to NRS 176.01255 to the State General Fund.
Sec. 55. NRS 176.0121, 176.0123, 176.01248, 176.01249, 176.0125, 176.01255, 176.0126, 209.4817, 218E.225, 218E.600, 218E.605, 218E.610, 218E.700, 218E.705, 218E.710, 218E.715, 218E.720, 218E.800, 218E.805, 218E.810, 439B.200, 439B.210 and 459.0085 are hereby repealed.
Sec. 56. 1. This section and sections 1 to 34, inclusive, 39 to 51, inclusive, 51.7 and 52 to 55, inclusive, of this act become effective upon passage and approval.
2. Sections 35 to 38, inclusive, and 51.5 of this act become effective on July 1, 2021.
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