MINUTES OF THE
ASSEMBLY COMMITTEE ON WAYS AND MEANS
Sixty-seventh Session
May 19, 1993
The Assembly Committee on Ways and Means was called to order by Chairman Morse Arberry, Jr., at 9:06 a.m., on Wednesday, May 19, 1993, in Room 352 of the Legislative Building, Carson City, Nevada. EXHIBIT A is the Meeting Agenda.
COMMITTEE MEMBERS PRESENT:
Mr. Morse Arberry, Jr., Chairman
Mr. Larry L. Spitler, Vice Chairman
Mrs. Vonne Chowning
Mr. Joseph E. Dini, Jr.
Mrs. Jan Evans
Ms. Christina R. Giunchigliani
Mr. Dean A. Heller
Mr. David E. Humke
Mr. John W. Marvel
Mr. Richard Perkins
Mr. Robert E. Price
Ms. Sandra Tiffany
Mrs. Myrna T. Williams
COMMITTEE MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Mark Stevens, Fiscal Analyst
Gary Ghiggeri, Deputy Fiscal Analyst
Chairman Arberry requested a motion to approve minutes for the following dates: January 19, 20, 21, 26, 217, 28 and 29, 1993 and February 1, 2, 3, 4, 5, 11, 22, 23, 24 and 26, 1993.
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MR. SPITLER MOVED TO CLOSE THE MINUTES.
MR. MARVEL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
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AB488Provides for expedited release from prison of terminally ill or physically incapacitated prisoners.
Assemblywoman Vonne Chowning noted her pleasure in chairing the subcommittee on AB488. She testified there were many concerns which were addressed in the subcommittee and resulting amendment No. 502 (see EXHIBIT B). She explained all concerns voiced by committee members were met by the amendment. The language which defines compassionate release was adjusted to more clearly define incapacitated stating "Physically incapacitated to such a degree that he does not presently, nor will he likely in the future, pose a threat to society."
Mrs. Chowning indicated the amendment reiterated a prisoner who is sentenced to death or imprisonment for life without possibility of parole cannot be considered for this program. The amendment clarified the definition of physicians by adding "licensed pursuant to chapter 630 of NRS" to assure only Nevada licensed physicians could be utilized for making the decision. She emphasized the overall release plan was addressed so it would include "a review of the prisoner's social and criminal history; a plan for the prisoner's release; and the prisoner's medical records." Additionally, the release request must be accompanied by an affidavit by the director. This stipulation would add to the accountability of the director. Further, the amendment delineates how the released inmate will be monitored to ensure compliance with the release plan and his health until death.
Mrs. Chowning explained the counties' concerns were met regarding notification of consideration of an inmate's potential release by requiring that one copy of the release plan must be sent to the board of county commissioners of the county of the prisoner's planned residence if in Nevada. She noted victim notification would be given at least 20 days ahead of the poll so the victim would be allowed to provide written input. The open meeting law was enhanced because the meeting notice is required for posting fifteen working days instead of three working days prior to the meeting. She emphasized the public would be able to provide written comments before the poll would be taken. She stated the bottom line was a telephone poll could be conducted for the possibility of the compassionate release of a prisoner, but the public would be notified, could provide input, and could be present when the poll occurs. She restated the amendment addresses all the public's concerns.
Chairman Arberry asked how the public would be notified. Mrs. Chowning replied, as with any open meeting, the announcement would be posted. She explained the victims would be notified ahead of time through written correspondence. She noted if no address for the victim was available or if the victim did not respond, the panel would not be required to pursue notification any further.
Chairman Arberry requested clarification regarding the telephone polling process. Ms. Chowning explained the poll could occur by telephone and notice of the poll and a central location for the public to be present would be posted 15 days prior to the polling. These specifications fulfill the opening meeting laws.
Ms. Tiffany inquired what the impact of extra services on the system would be on the estimated savings. She noted the costs associated with the release of prisoners could impact social services. Mrs. Chowning explained the Department of Prisons calculated the savings. Mr. Ron Angelone, Director of the Department of Prisons, testified the department has kept the polling plan within the original 30-day variance so the savings would legitimately remain the same. He emphasized the costs are estimated, not actual.
Ms. Tiffany pointed out the additional costs she is questioning are the additional personnel and services associated with the social work, medical care, hospice, housing or transportation. Mr. Ghiggeri, Legislative Counsel Bureau Fiscal Analyst, explained the Department of Prisons had previously anticipated the after-release costs for the department and had incorporated them in the estimated savings provided. He elaborated the subcommittee addressed the issue specifically with the Department of Prisons and Mr. Angelone had indicated most of the services would have already been provided within the release plan.
Ms. Tiffany wondered what procedures would be followed for prisoners who would be placed out of state. Mr. Angelone emphasized the sentenced crime would have occurred within the state and reiterated the same procedures would be followed for victim notification, etc., for either in-state or out-of-state residency placement. He pointed out the prisoner would be pardoned and released without restriction to the other state and testified Nevada receives these types of compassionately released prisoners from other states already.
Mrs. Chowning pointed out the subcommittee had asked Mr. Angelone specifically how many prisoners have been released in the past. The response was that only four prisoners in the past four years had been released resulting in a savings to Nevada of approximately $250,000. She reiterated significant language was added by the subcommittee stating the prisoners would be "physically incapacitated to such a degree that he does not presently, nor will he likely in the future, pose a threat to society" and no life-term or death row prisoners could be eligible for consideration.
Mrs. Evans stated Mrs. Chowning and the subcommittee did a great job and had relieved a lot of anxieties about the release program.
Ms. Giunchigliani thanked Mrs. Chowning for taking her considerations into account in the amendment. She remarked the use of the telephone poll would not be unusual. She suggested the policies currently utilized by the State Board of Education for telephone polls be investigated.
Chairman Arberry thanked the subcommittee and Mrs. Chowning for their hard work. Mrs. Chowning emphasized Mr. Ghiggeri did a large amount of the work and thanked him for his efforts and input.
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MS. GIUNCHIGLIANI MOVED TO AMEND AND DO PASS AB488.
MR. PERKINS SECONDED THE MOTION.
THE MOTION CARRIED BY VOICE VOTE. MR. HELLER VOTED NO.
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Mr. Price stated he would be voting against the bill on the floor.
Chairman Arberry requested Mr. Stevens briefly discuss Budget Closings for the Joint Meeting. Mr. Stevens stated on page 1, Office of Lieutenant Governor, the major difference is the Assembly committee included equipment costs based on a letter from the Lt. Governor's and the Senate committee had included a clerical position in Las Vegas.
Mr. Marvel inquired what was added. Mr. Stevens clarified Senate Finance had added a clerical position for the Las Vegas office. He explained Assembly Ways and Means had not heard the testimony regarding the additional position. He suggested hearing what Senate Finance's justification for including the position and deciding if it would be appropriate.
Mrs. Evans commented the Lt. Governor's office handles both the Commission on Economic Development and the Commission on Tourism with two professional staff people. The one professional staff member in Las Vegas handles Economic Development without any clerical support. In Carson City, the professional staff member is in charge of the Commission on Tourism and has a clerical position shared with the Lt. Governor. This results in the Las Vegas office being unmanned whenever the professional staff member is out, not withstanding she must do her own clerical work on top of the professional duties. Mrs. Evans inquired how the $6,380 for equipment would be utilized. Mr. Stevens replied it would be for a photocopying machine and a computer.
Mr. Stevens stated on page 2, Secretary of State, the Senate committee closed the budget as recommended by the Governor. He indicated the Assembly committee had requested the Secretary of State to outline the specific positions which were funded from expedite fees. The value of those positions was then added up and compared to the amount of revenue included in the budget as expedite fees which resulted in a difference of about $78,000 for FY94 and $83,000 for FY95. He noted the Microcomputer Specialist position is also brought back into the budget.
Mr. Stevens indicated on page 5, University Budgets, there are two differences in committee budget closings. The University Administration closing sheet has an error under "Add Regents Discretionary Fund" and should be listed on the Assembly side, not the Senate side. This adds $69,429 in each year of the biennium to offset general fund support. The other difference is in the University Press. The Senate has added a southern Nevada editor and the Assembly committee did not.
Mr. Stevens noted on page 8, Senior Citizens Property Tax Assistance, the Senate committee closed the budget as recommended by the Governor while the Assembly committee provided property tax rebates at the current 80 percent level.
Mr. Stevens explained on page 16, Dairy Commission, there was no monetary difference, but the Assembly indicated the Executive Director should be selected by the Governor from a list provided by the Dairy Commission. The Senate did not indicate any action.
Mr. Stevens remarked on page 21, Post Secondary Education, the Senate eliminated vacancy savings of $534 because there were very few positions in the account. The Assembly committee did not feel it was significant enough to make a change in the closing.
Mr. Stevens explained on page 24, Education Administration, the Assembly committee restored the Library Consultant while the Senate committee did not. He noted the Senate committee restored a Management Assistant II, which the Assembly committee did not. The issue concerning the need for the position came up after the Assembly committee had closed the budget. He noted the Senate committee funded the position by reducing the amount of dues which could be paid to national organizations.
Mr. Stevens addressed the Senate action on page 26, Title VI-b, restores the Special Education Consultant at the top of the pay scale which was not discussed in the Assembly committee. This should be justified by the Senate committee.
Mr. Stevens stated on page 30, Bureau of Lab and Research, both committees have restored the Lab Director and the Assembly committee has funded the position by general fund appropriation while the Senate committee has funded it through fees.
Chairman Arberry adjourned the hearing at 9:30 a.m.
RESPECTFULLY SUBMITTED:
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Kerin E. Putnam
Committee Secretary
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Assembly Committee on Ways and Means
May 19, 1993
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