ASSEMBLY DAILY JOURNAL
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THE EIGHTY-SIXTH DAY
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Carson City (Tuesday), April 15, 1997
Assembly called to order at 11:08 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Thomas D. Tostenson.
Father God, let this body never become complacent about this daily meeting with You. Let this time never become rote or routine. For prayer is the thread that upholds hope in the combat soldier, as well as hope in the homeless. It is how Nevada's terminally ill will prepare this day for eternity, and how 85 years ago today the passengers and crew of the Titanic prepared for infamy. Father, if we know how to turn to You in perilous times, then teach us to see the perils of each day. Then we shall understand that a wise person has many counselors, and that there is no counselor wiser than Thee. This we pray in the name of the wonderful Counselor, and the Mighty God.
Amen. Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 160, 315, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 91, 96, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was re-referred Assembly Bill No. 243, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 94, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 55, 231, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, April 14, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 141.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 7.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 227.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 128, 207, 238, 239.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Joint Resolution No. 5.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Joint Resolution No. 5.
Assemblyman Perkins moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Collins, Parks, Lee, Koivisto, Manendo, Herrera, Nolan, Chowning, Arberry, Amodei, Bache, Giunchigliani, Ohrenschall, Goldwater, Buckley, Sandoval, Williams, Ernaut, Price, Krenzer, Hickey, Tiffany and Segerblom:
Assembly Bill No. 365--An Act relating to transportation; directing the Department of Transportation to construct or cause to be constructed an elevated fixed guideway system of mass transit in Las Vegas; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 366--An Act relating to electric service; revising provisions for the regulation of electric service to allow customers direct access to alternative sellers of electric services; requiring the central assessment of certain property; requiring the executive director of the department of taxation to submit a report to the legislature; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 367--An Act relating to bids; repealing the provision that requires the buildings and grounds division of the department of administration to advertise for bids on certain repairs; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 368--An Act relating to county fire protection districts; providing a county fire protection district complete control of all money raised for the district; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 369--An Act relating to state lands; revising provisions governing the duties and activities of the state land use planning agency and the land use planning advisory council; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblywoman de Braga:
Assembly Bill No. 370--An Act relating to child custody; establishing domestic violence as a grounds for establishing emergency jurisdiction for the purposes of the Uniform Child Custody Jurisdiction Act; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 371--An Act relating to the division of land; revising various provisions relating to maps of subdivisions of land; authorizing professional land surveyors to request the correction or amendment of certain maps; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 128.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 207.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 227.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 238.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 239.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 170.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 178.
Amend sec. 2, page 4, between lines 8 and 9, by inserting:
"4. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.".
Amend sec. 3, page 5, lines 5 and 6, by deleting:
"department of motor vehicles and public safety." and inserting:
"[department of motor vehicles and public safety.] central repository for Nevada records of criminal history.".
Amend sec. 3, page 5, line 7, by deleting "department" and inserting:
"[department] central repository".
Amend sec. 3, page 5, between lines 10 and 11, by inserting:
"6. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.".
Amend the bill as a whole by renumbering sections 4 through 6 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. NRS 179.245 is hereby amended to read as follows:
179.2451. Except as [other times and procedures are] otherwise provided in NRS 453.3365, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony , or a violation of a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioner's criminal history received from the central repository for Nevada records of criminal history.
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.".
Amend sec. 4, page 5, line 35, by deleting "8" and inserting "11".
Amend sec. 5, page 6, line 24, by deleting "14" and inserting "17".
Amend the bill as a whole by renumbering sections 7 through 21 as sections 10 through 24 and adding new sections designated sections 8 and 9, following sec. 6, to read as follows:
"Sec. 8. NRS 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in an approved program of treatment and that he comply with any other condition of suspension ordered by the justice of the peace.
3. The justice of the peace may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 9. NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in an approved program of treatment and that he comply with any other condition of suspension ordered by the municipal judge.
3. The municipal judge may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.".
Amend sec. 8, page 8, by deleting lines 14 and 15 and inserting:
"Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order or receives any".
Amend sec. 9, page 8, line 23, by deleting "8" and inserting "11".
Amend sec. 10, page 8, line 30, by deleting "Domestic" and inserting "1. Domestic".
Amend sec. 10, page 8, line 37, by deleting "1." and inserting "[1.] (a)".
Amend sec. 10, page 8, line 38, by deleting "2." and inserting "[2.] (b)".
Amend sec. 10, page 8, line 39, by deleting "3." and inserting "[3.] (c)".
Amend sec. 10, page 8, line 42, by deleting "4." and inserting "[4.] (d)".
Amend sec. 10, page 8, line 43, by deleting "5." and inserting "[5.] (e)".
Amend sec. 10, page 9, line 1, by deleting "(a)" and inserting "[(a)] (1)".
Amend sec. 10, page 9, line 2, by deleting "(b)" and inserting "[(b)] (2)".
Amend sec. 10, page 9, line 3, by deleting "(c)" and inserting "[(c)] (3)".
Amend sec. 10, page 9, line 4, by deleting "(d)" and inserting "[(d)] (4)".
Amend sec. 10, page 9, line 5, by deleting "(e)" and inserting "[(e)] (5)".
Amend sec. 10, page 9, line 6, by deleting "(f)" and inserting "[(f)] (6)".
Amend sec. 10, page 9, line 7, by deleting "6." and inserting "[6.] (f)".
Amend sec. 10, page 9, line 8, by deleting "7." and inserting "[7.] (g)".
Amend sec. 10, page 9, between lines 10 and 11, by inserting:
"2. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.".
Amend sec. 11, page 10, line 14, by deleting "8" and inserting "11".
Amend sec. 13, page 11, line 37, by deleting "8" and inserting "11".
Amend sec. 14, page 11, line 43, after "any" by inserting "real or".
Amend sec. 15, page 12, line 4, by deleting "1. A" and inserting "A".
Amend sec. 15, page 12, by deleting lines 5 through 13 and inserting:
"commit [a felony or a juvenile who is adjudicated delinquent for committing or attempting to commit an]
1. A felony;
2. An act that would have been a felony if committed by an adult ; or
3. A misdemeanor or gross misdemeanor that constitutes domestic violence pursuant to NRS 33.018,
may not bring an action against the victim or the [victim's] estate of the victim for injuries sustained by the offender or damage to property of the offender that occurred [in] during the course of the [felony] crime or delinquent act.".
Amend sec. 16, page 12, line 16, after "1." by inserting:
"Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within the immediately preceding 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.
The person shall be further punished by a fine of not less than $200, but not more than $1,000.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2.".
Amend sec. 16, page 12, line 19, by deleting "hour" and inserting "1/2 hours".
Amend sec. 16, page 12, line 20, by deleting "6 months," and inserting:
"not less than 6 months, but not more than 12 months,".
Amend sec. 16, page 12, line 22, by deleting "27" and inserting "31".
Amend sec. 16, page 12, line 25, by deleting "hour" and inserting "1/2 hours".
Amend sec. 16, page 12, line 27, by deleting "27" and inserting "31".
Amend sec. 16, page 12, line 28, by deleting "2." and inserting "3.".
Amend sec. 16, page 12, line 29, by deleting "$20." and inserting "$50.".
Amend sec. 16, page 12, line 32, by deleting:
"the treatment of persons who commit" and inserting:
"programs related to".
Amend sec. 16, page 12, line 33, by deleting "26" and inserting "30".
Amend sec. 16, page 12, line 34, by deleting "3." and inserting:
"4. In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs.
5.".
Amend sec. 16, page 12, line 39, after "to" by inserting:
"and except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of ".
Amend sec. 16, page 12, line 41, by deleting "4." and inserting "6.".
Amend sec. 17, page 13, line 21, by deleting "A" and inserting:
"[A] Except as otherwise provided in section 19 of this act, a".
Amend the bill as a whole by renumbering sections 22 through 29 as sections 26 through 33 and adding a new section designated sec. 25, following sec. 21, to read as follows:
"Sec. 25. NRS 217.400 is hereby amended to read as follows:
217.400As used in NRS 217.400 to 217.460, inclusive:
1. "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
2. "Division" means the division of child and family services of the department of human resources.
[2.] 3. "Domestic violence" means:
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other from the entry.
[3.] 4. "Family or household member" means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
[4.] 5. "Victim of domestic violence" includes the dependent children of the victim.".
Amend sec. 22, page 18, line 11, by deleting:
"23 to 27," and inserting:
"27 to 31,".
Amend sec. 23, page 18, line 12, by deleting:
"23 to 27," and inserting:
"27 to 31,".
Amend sec. 24, page 18, line 20, after "(b)" by inserting:
"Must have experience in writing and obtaining grants;
(c)".
Amend sec. 24, page 18, line 21, by deleting "(c)" and inserting "(d)".
Amend sec. 25, page 18, line 26, by deleting "The" and inserting "1. The".
Amend sec. 25, page 18, by deleting line 27, and inserting:
"(a) Collect information relating to victims of domestic violence from the central repository for Nevada records of criminal history, if available, or from law".
Amend sec. 25, page 18, line 28, by deleting "persons," and inserting:
"persons if such information is not available from the central repository,".
Amend sec. 25, page 18, line 29, by deleting "(a)" and inserting "(1)".
Amend sec. 25, page 18, line 31, by deleting "(b)" and inserting "(2)".
Amend sec. 25, page 18, line 33, by deleting "(c)" and inserting "(3)".
Amend sec. 25, page 18, line 34, by deleting "(d)" and inserting "(4)".
Amend sec. 25, page 18, line 36, by deleting "2." and inserting:
"(b) Apply for available grants and accept, receive and administer grants and other money from any private or public source.
(c) Provide necessary assistance to victims of domestic violence.
(d) Provide education to the public concerning domestic violence, including, without limitation, the prevention of domestic violence, available assistance to victims of domestic violence and available treatment for persons who commit domestic violence.
(e)".
Amend sec. 25, page 18, line 39, by deleting "3." and inserting "(f)".
Amend sec. 25, page 19, line 1, by deleting "4." and inserting "(g)".
Amend sec. 25, page 19, between lines 2 and 3, by inserting:
"2. Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, including, without limitation, pursuant to a subpoena, search warrant or discovery proceeding. Such information may be used for statistical purposes if the identity of the person is not discernible from the information disclosed.".
Amend sec. 26, page 19, line 3, by deleting:
"the treatment of persons who commit" and inserting:
"programs related to".
Amend sec. 26, page 19, line 5, by deleting "16" and inserting "19".
Amend sec. 26, page 19, line 8, by deleting:
"the treatment of persons who commit" and inserting:
"programs related to".
Amend sec. 26, page 19, by deleting lines 11 and 12 and inserting:
"(1) The committee on domestic violence created pursuant to section 31 of this act;".
Amend sec. 26, page 19, line 14, by deleting "and ".
Amend sec. 26, page 19, line 15, after "(3)" by inserting:
"Assisting victims of domestic violence and educating the public concerning domestic violence; and
(4)".
Amend sec. 26, page 19, line 16, by deleting:
"the treatment of persons who commit" and inserting:
"programs related to".
Amend sec. 27, page 19, lines 18 and 19, by deleting:
"to certify programs for the treatment of persons who commit" and inserting "on".
Amend sec. 27, page 19, line 21, by deleting:
"the treatment of ".
Amend sec. 27, page 19, lines 25 and 26, by deleting:
"or an office of the city attorney".
Amend sec. 27, page 19, line 27, after "(d)" by inserting:
"One representative from an office of the city attorney with experience in prosecuting criminal offenses;
(e)".
Amend sec. 27, page 19, line 28, by deleting "(e)" and inserting "(f)".
Amend sec. 27, page 19, line 29, by deleting "(f)" and inserting "(g)".
Amend sec. 27, page 19, line 30, by deleting "(g)" and inserting "(h)".
Amend sec. 27, page 19, between lines 35 and 36, by inserting:
"At least two members of the committee must be residents of a county whose population is less than 100,000.".
Amend sec. 27, page 19, line 38, by deleting "and".
Amend sec. 27, page 19, line 40, by deleting "violence." and inserting:
"violence;
(c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the peace officers' standards and training committee regarding such training; and
(d) Submit on or before March 1 of each odd-numbered year a report to the director of the legislative counsel bureau for distribution to the regular session of the legislature. The report must include, without limitation, a summary of the work of the committee and recommendations for any necessary legislation concerning domestic violence.".
Amend sec. 28, page 20, line 8, by deleting:
"16 and 17" and inserting:
"19 and 20".
Amend the bill as a whole by adding a new section designated sec. 34, following sec. 29, to read as follows:
"Sec. 34. Sections 8 and 9 of this act become effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill to read as follows:
Senate Bill No. 15.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 179.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 5 and 6 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the division shall set a level of supervision for each probationer. At least once every 6 months, or more often if necessary, the division shall review the level of supervision of the probationer to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the probationer of the change.
2. The provisions of subsection 1 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 176.1851 to 176.18525, inclusive.
3. Except as otherwise provided in this subsection, each time a prisoner applies for parole, the division shall set the level of supervision that will apply to the prisoner if he is granted parole. The division is not required to conduct a personal interview with the prisoner to set the level of supervision that will apply to the prisoner if he is granted parole. The division shall inform the board of the level of supervision not later than 5 days before the meeting at which the board is considering the application of the prisoner for parole. The provisions of this subsection are not applicable to a prisoner who is not eligible for release from confinement because he:
(a) Must serve a term of incarceration for another offense for which he is not yet eligible for parole; or
(b) Is serving a term of incarceration for an offense for which he must be certified as not being a menace to the health, safety or morals of others before being released on parole, and he has not been so certified.
4. Except as otherwise provided in subsection 5, at least once every 6 months, or more often if necessary, the division shall review the level of supervision of a parolee to determine whether a change in the level of supervision is necessary. The division shall specify in each review 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. The provisions of subsection 4 are not applicable if the level of supervision for the parolee is set by the board or by law.
Sec. 2 NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1 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 motor vehicles and public safety.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. "Sex offender" means any person who has been or is convicted of a sexual offense.
6. "Sexual offense" means:
(a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 3 NRS 213.1076 is hereby amended to read as follows:
213.1076 1. The division shall:
(a) Except as otherwise provided in this section, charge each parolee or probationer a fee to defray the cost of his supervision.
(b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee or probationer. The regulation must provide for a monthly fee of at least [$12.] $30.
2. The chief may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee or probationer.
3. Unless waived pursuant to subsection 2, the payment by a parolee or probationer of a fee charged pursuant to subsection 1 is a condition of his parole or probation.
Sec. 4 NRS 213.1218 is hereby amended to read as follows:
213.1218 1. Before a person may be released on parole, he must submit to the division a signed document stating that:
[1.] (a) He will comply with the conditions of his parole; and
[2.] (b) If he fails to comply with the conditions of his parole and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
2. The division shall contact each parolee in person or by telephone within 5 days after his release from prison. The chief may waive this requirement if he determines that such contact is not necessary.".
Amend section 1, page 2, line 3, by deleting "including" and inserting:
"including, without limitation,".
Amend section 1, page 2, line 10, by deleting "4:" and inserting "6:".
Amend section 1, page 2, line 41, after "4." by inserting:
"If a panel is created pursuant to:
(a) Paragraph (a) of subsection 2, at least one member of the board who serves on the panel shall attend the hearing in person.
(b) Paragraph (b) of subsection 2, at least two members of the board who serve on the panel shall attend the hearing in person.
(c) Subsection 3, at least three members of the board who serve on the panel shall attend the hearing in person.
5. Except as otherwise provided in subsection 4, a member of the board who serves on a panel created pursuant to this section may, in lieu of attending the hearing in person:
(a) Participate in the hearing by telephone or video conference; or
(b) After the hearing:
(1) Review a videotape of the hearing;
(2) Review the file or record relating to the issue or case; or
(3) Discuss, in person or by telephone, the issue or case with a member of the board or a case hearing representative who attended the hearing in person.
6.".
Amend section 1, page 3, by deleting lines 3 through 13.
Amend the title of the bill to read as follows:
Senate Bill No. 61.
Bill read second time and ordered to third reading.
Senate Bill No. 93.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Senate Bill No. 93:
Yeas -- 42.
Nays -- None.
Senate Bill No. 93 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Danielle Kohler.
On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Tilman Lloyd Jones.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Jennifer Arncel, R. C. Austin, Katie Christy, Ken Cox, Matt Day, Jason Deen, Rob Dobson, Amanda Dressler, Billy Dunbar, Theresa Ellis, Peter Gill, Cary Hatfield, Alex Hernandez, Chris Hoffert, Josh Horvath, Jessica Jones, Kris Kotik, Quentin McErquiaga, Andrea Leavell, Anna Leciejewski, Alicia Page, Marie Parisi, Tera Levand, Veronica Lopez, Anesa Lorenzetti, Melissa Powell, Peter Volkov, Danny Ball, Suzette Balwing, Crystal Bennett, Adrianna Bishop, Nathan Cardoza, Racheal Chaney, James Dean, Tiffany Deering, Kabrina Douglas, Sarah Downs, Jesse Forgette, Joyce Franco, James Jackson, Stephanie Kepler, Jessica Leach, Kelly Nolan, Michelle Olarte, Jared Parshley, Nathan Peterson, Ryan Polish, Danny Sanders, Debi Smith, Travis Smith, Josh Swall, Nancie Turner, Frankie Vallejo, Steve Van Pelt, Allyson Walker, Michelle Wilcox, Anje Wilson, Sarah Ali, Alisha Arrigotti, Monica Castillo, Asa Dakin, Aurelio Garcia, Jeremy Gee, Chad Hall, Marie Hoferer, Tiffany Hunter, Kelli McDonnell, Joe McKee, Andrew Ring, Josh Shea, Trent Stransky, Haley Thompson, Nick Wagner, Beth Werner, Josh Jones, Randy Jones, Steve Knight and Dianne Remington.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Dean Hommel.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Hannah Zane, Len Zane, Anielka Contreras and Carlos Villasenor.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 16, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 11:56 a.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly