EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 209.392 is hereby amended to read as follows:

1-2 209.392 1. Except as otherwise provided in NRS 209.3925 and

1-14 remainder of his sentence.

2-1 2. Upon receiving a request to serve a term of residential confinement

2-2 from an eligible offender, the director shall notify the division of parole

2-3 and probation. If any victim of a crime committed by the offender has,

2-4 pursuant to subsection 3 of NRS 213.130, requested to be notified of [an

2-5 application] the consideration of a prisoner for parole and has provided a

2-6 current address, the division of parole and probation shall notify the victim

2-7 of the offender’s request and advise the victim that he may submit

2-8 documents regarding the request to the division of parole and probation. If

2-9 a current address has not been provided as required by subsection 3 of

2-10 NRS 213.130, the division of parole and probation must not be held

2-11 responsible if such notification is not received by the victim. All personal

2-12 information, including, but not limited to, a current or former address,

2-13 which pertains to a victim and which is received by the division of parole

2-14 and probation pursuant to this subsection is confidential.

2-15 3. The director, after consulting with the division of parole and

2-16 probation, shall adopt, by regulation, standards providing which offenders

2-17 are eligible for residential confinement. The standards adopted by the

2-18 director must provide that an offender who:

2-19 (a) Is not eligible for parole or release from prison within a reasonable

2-20 period;

2-21 (b) Has recently committed a serious infraction of the rules of an

2-22 institution or facility of the department;

2-23 (c) Has not performed the duties assigned to him in a faithful and

2-24 orderly manner;

2-25 (d) Has ever been convicted of:

2-26 (1) Any crime involving the use or threatened use of force or

2-27 violence against the victim; or

2-28 (2) A sexual offense;

2-29 (e) Has more than one prior conviction for any felony in this state or

2-30 any offense in another state that would be a felony if committed in this

2-31 state, not including a violation of NRS 484.3792 or 484.3795;

2-32 (f) Has escaped or attempted to escape from any jail or correctional

2-33 institution for adults; or

2-34 (g) Has not made an effort in good faith to participate in or to complete

2-35 any educational or vocational program or any program of treatment, as

2-36 ordered by the director,

2-37 is not eligible for assignment to the custody of the division of parole and

2-38 probation to serve a term of residential confinement pursuant to this

2-39 section.

2-40 4. If an offender assigned to the custody of the division of parole and

2-41 probation pursuant to this section escapes or violates any of the terms or

2-42 conditions of his residential confinement:

3-1 (a) The division of parole and probation may, pursuant to the procedure

3-2 set forth in NRS 213.410, return the offender to the custody of the

3-3 department.

3-4 (b) The offender forfeits all or part of the credits for good behavior

3-5 earned by him before the escape or violation, as determined by the

3-6 director. The director may provide for a forfeiture of credits pursuant to

3-7 this paragraph only after proof of the offense and notice to the offender,

3-8 and may restore credits forfeited for such reasons as he considers proper.

3-9 The decision of the director regarding such a forfeiture is final.

3-10 5. The assignment of an offender to the custody of the division of

3-11 parole and probation pursuant to this section shall be deemed:

3-12 (a) A continuation of his imprisonment and not a release on parole; and

3-13 (b) For the purposes of NRS 209.341, an assignment to a facility of the

3-14 department,

3-15 except that the offender is not entitled to obtain any benefits or to

3-16 participate in any programs provided to offenders in the custody of the

3-17 department.

3-18 6. An offender does not have a right to be assigned to the custody of

3-19 the division of parole and probation pursuant to this section, or to remain

3-20 in that custody after such an assignment, and it is not intended that the

3-21 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

3-22 any right or interest in liberty or property or establish a basis for any cause

3-23 of action against the state, its political subdivisions, agencies, boards,

3-24 commissions, departments, officers or employees.

3-25 Sec. 2. NRS 209.3925 is hereby amended to read as follows:

3-26 209.3925 1. Except as otherwise provided in subsection 6, the

3-42 (2) In ill health and expected to die within 12 months.

4-1 2. If the director intends to assign an offender to the custody of the

4-2 division of parole and probation pursuant to this section, at least 45 days

4-3 before the date the offender is expected to be released from the custody of

4-4 the department, the director shall notify:

4-5 (a) If the offender will reside within this state after he is released from

4-6 the custody of the department, the board of county commissioners of the

4-7 county in which the offender will reside; and

4-8 (b) The division of parole and probation.

4-9 3. If any victim of a crime committed by the offender has, pursuant to

4-10 subsection 3 of NRS 213.130, requested to be notified of [an application]

4-11 the consideration of a prisoner for parole and has provided a current

4-12 address, the division of parole and probation shall notify the victim that:

4-13 (a) The director intends to assign the offender to the custody of the

4-14 division of parole and probation pursuant to this section; and

4-15 (b) The victim may submit documents to the division of parole and

4-16 probation regarding such an assignment.

4-17 If a current address has not been provided by a victim as required by

4-18 subsection 3 of NRS 213.130, the division of parole and probation must

4-19 not be held responsible if notification is not received by the victim. All

4-20 personal information, including, but not limited to, a current or former

4-21 address, which pertains to a victim and which is received by the division of

4-22 parole and probation pursuant to this subsection is confidential.

4-23 4. If an offender assigned to the custody of the division of parole and

4-24 probation pursuant to this section escapes or violates any of the terms or

4-25 conditions of his residential confinement:

4-26 (a) The division of parole and probation may, pursuant to the procedure

4-27 set forth in NRS 213.410, return the offender to the custody of the

4-28 department.

4-29 (b) The offender forfeits all or part of the credits for good behavior

4-30 earned by him before the escape or violation, as determined by the
4-31 director.

4-32 The director may provide for a forfeiture of credits pursuant to this

4-33 paragraph only after proof of the offense and notice to the offender, and

4-34 may restore credits forfeited for such reasons as he considers proper. The

4-35 decision of the director regarding such a forfeiture is final.

4-36 5. The assignment of an offender to the custody of the division of

4-37 parole and probation pursuant to this section shall be deemed:

4-38 (a) A continuation of his imprisonment and not a release on parole; and

4-39 (b) For the purposes of NRS 209.341, an assignment to a facility of the

4-40 department,

4-41 except that the offender is not entitled to obtain any benefits or to

4-42 participate in any programs provided to offenders in the custody of the

4-43 department.

5-1 6. The director may not assign an offender to the custody of the

5-2 division of parole and probation pursuant to this section if the offender is

5-3 sentenced to death or imprisonment for life without the possibility of

5-4 parole.

5-5 7. An offender does not have a right to be assigned to the custody of

5-6 the division of parole and probation pursuant to this section, or to remain

5-7 in that custody after such an assignment, and it is not intended that the

5-8 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

5-9 any right or interest in liberty or property or establish a basis for any cause

5-10 of action against the state, its political subdivisions, agencies, boards,

5-11 commissions, departments, officers or employees.

5-12 Sec. 3. NRS 213.1087 is hereby amended to read as follows:

5-13 213.1087 1. The term of office of each member of the board is 4

5-28 revocation hearing.

5-29 Sec. 4. NRS 213.130 is hereby amended to read as follows:

5-30 213.130 1. [A prisoner sentenced to imprisonment in the state prison

5-42 the prisoner to be considered for parole; and

6-1 (c) Before a meeting to consider the prisoner for parole, compile and

6-2 provide to the board data that will assist the board in determining

6-3 whether parole should be granted.

6-4 2. Meetings [for the purpose of considering applications] to consider

6-5 prisoners for parole may be held semiannually or more often, on such

6-6 dates as may be fixed by the board. All meetings must be open to the

6-7 public.

6-8 3. Not later than 5 days after the date on which the board fixes the date

6-9 of the meeting to consider [the application of] a prisoner for parole, the

6-10 board shall notify the victim of the prisoner [whose application] who is

6-11 being considered for parole of the date of the meeting and of his rights

6-12 pursuant to this subsection, if the victim has requested notification in

6-13 writing and has provided his current address or if the victim’s current

6-14 address is otherwise known by the board. The victim of [any person

6-15 applying] a prisoner being considered for parole may submit documents

6-16 to the board and may testify at the meeting held to consider the

6-17 [application. An application] prisoner for parole . A prisoner must not be

6-18 considered for parole until the board has notified any victim of his rights

6-19 pursuant to this subsection and he is given the opportunity to exercise

6-20 those rights. If a current address is not provided to or otherwise known by

6-21 the board, the board must not be held responsible if such notification is not

6-22 received by the victim.

6-23 4. The board may deliberate in private after a public meeting held to

6-24 consider [an application] a prisoner for parole.

6-25 5. The board of state prison commissioners shall provide suitable and

6-26 convenient rooms or space for use of the board.

6-27 6. If a victim is notified of a meeting to consider [an application] a

6-28 prisoner for parole pursuant to subsection 3, the board shall, upon making

6-29 a final decision concerning the [application,] parole of the prisoner, notify

6-30 the victim of its final decision.

6-31 7. All personal information, including, but not limited to, a current or

6-32 former address, which pertains to a victim and which is received by the

6-33 board pursuant to this section is confidential.

6-34 8. For the purposes of this section, "victim" has the meaning ascribed

6-35 to it in NRS 213.005.

6-36 Sec. 5. NRS 213.133 is hereby amended to read as follows:

6-37 213.133 1. Except as otherwise provided in subsections 6 and 7, the

6-42 quorum; or

7-1 (b) One member of the board who is assisted by a case hearing

7-2 representative.

7-3 2. No action taken by any panel created pursuant to paragraph (a) of

7-4 subsection 1 is valid unless concurred in by a majority vote of those sitting

7-5 on the panel.

7-6 3. The decision of a panel is subject to final approval by the

7-7 affirmative action of a majority of the members appointed to the board.

7-8 Such action may be taken at a meeting of the board, or without a meeting

7-9 by the delivery of written approval to the secretary of the board.

7-10 4. The degree of complexity of issues presented must be taken into

7-11 account before the board makes any delegation of its authority and before

7-12 it determines the extent of a delegation.

7-13 5. The board shall adopt regulations which establish the basic types of

7-14 delegable cases and the size of the panel required for each type of case.

7-15 6. A hearing [on an application for] concerning the parole of a

7-16 prisoner or any decision on an issue involving a person:

7-17 (a) Who committed a capital offense;

7-18 (b) Who is serving a sentence of imprisonment for life;

7-19 (c) Who has been convicted of a sexual offense involving the use or

7-20 threat of use of force or violence;

7-21 (d) Who is a habitual criminal; or

7-22 (e) Whose sentence has been commuted by the state board of pardons

7-23 commissioners,

7-24 must be conducted by at least three members of the board, and action may

7-25 be taken only with the concurrence of at least four members.

7-26 7. If a recommendation made by a panel deviates from the standards

7-27 adopted by the board pursuant to NRS 213.10885 or the recommendation

7-28 of the division, the chairman must concur in the recommendation.

7-29 Sec. 6. NRS 213.140 is hereby amended to read as follows:

7-30 213.140 1. [Whenever any] When a prisoner becomes eligible for

7-42 for placement upon release; or

8-1 (b) If his plan is not approved by the division, assist the prisoner to

8-2 develop a plan for his placement upon release,

8-3 before he is released on parole. The prisoner’s proposed plan must identify

8-4 the county in which the prisoner will reside if the prisoner will be paroled

8-5 in Nevada.

8-6 3. The board may adopt any regulations necessary or convenient to

8-7 carry out this section.

8-8 Sec. 7. NRS 213.142 is hereby amended to read as follows:

8-9 213.142 1. Upon denying [an application for parole,] the parole of a

8-18 not exceed 5 years.

8-19 Sec. 8. This act becomes effective upon passage and approval.