Assembly Bill No. 79–Committee on Judiciary
(On Behalf of Department of Motor Vehicles and Public Safety)
February 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Requires division of parole and probation of department of motor vehicles and public safety to categorize discharge from parole as honorable or dishonorable. (BDR 16-751)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 213 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. The division shall issue an honorable discharge to a parolee1-4
whose term of sentence has expired if the parolee has:1-5
(a) Fulfilled the conditions of his parole for the entire period of his1-6
parole; or1-7
(b) Demonstrated his fitness for honorable discharge but because of1-8
economic hardship, verified by a parole and probation officer, has been1-9
unable to make restitution as ordered by the court.1-10
2. The division shall issue a dishonorable discharge to a parolee1-11
whose term of sentence has expired if:1-12
(a) The whereabouts of the parolee are unknown;1-13
(b) The parolee has failed to make full restitution as ordered by the1-14
court, without a verified showing of economic hardship; or2-1
(c) The parolee has otherwise failed to qualify for an honorable2-2
discharge pursuant to subsection 1.2-3
3. Any amount of restitution that remains unpaid by a person after2-4
he has been discharged from parole constitutes a civil liability as of the2-5
date of discharge.2-6
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 12-8
of this act, unless the context otherwise requires:2-9
1. "Board" means the state board of parole commissioners.2-10
2. "Chief" means the chief parole and probation officer.2-11
3. "Division" means the division of parole and probation of the2-12
department of motor vehicles and public safety.2-13
4. "Residential confinement" means the confinement of a person2-14
convicted of a crime to his place of residence under the terms and2-15
conditions established by the board.2-16
5. "Sex offender" means any person who has been or is convicted of a2-17
sexual offense.2-18
6. "Sexual offense" means:2-19
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS2-20
200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph2-21
(a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,2-22
NRS 201.230 or 201.450;2-23
(b) An attempt to commit any offense listed in paragraph (a); or2-24
(c) An act of murder in the first or second degree, kidnaping in the first2-25
or second degree, false imprisonment, burglary or invasion of the home if2-26
the act is determined to be sexually motivated at a hearing conducted2-27
pursuant to NRS 175.547.2-28
7. "Standards" means the objective standards for granting or revoking2-29
parole or probation which are adopted by the board or the chief.2-30
Sec. 3. NRS 213.155 is hereby amended to read as follows:2-31
213.155 1. The board may restore a paroled prisoner to his civil2-32
rights,2-33
honorable discharge from parole pursuant to section 1 of this act. Such2-34
restoration must take effect at the expiration of2-35
the prisoner.2-36
2. In any case where a convicted person has completed his parole2-37
without immediate restoration of his civil rights , has been issued an2-38
honorable discharge from parole pursuant to section 1 of this act and has2-39
not been convicted of any offense greater than a traffic violation within 52-40
years after completion of parole, he may apply to the state board of parole2-41
commissioners for restoration of his civil rights and release from penalties2-42
and disabilities which resulted from the offense or crime of which he was2-43
convicted. The application must be accompanied by a current, certified3-1
record of the applicant’s criminal history received from the central3-2
repository for Nevada records of criminal history. If, after investigation,3-3
the board determines that the applicant meets the requirements of this3-4
subsection, it shall restore him to his civil rights and release him from all3-5
penalties and disabilities resulting from the offense or crime of which he3-6
was convicted. If the board refuses to grant such restoration and release,3-7
the applicant may, after notice to the board, petition the district court in3-8
which the conviction was obtained for an order directing the board to grant3-9
such restoration and release.3-10
3. The board may adopt regulations necessary or convenient for the3-11
purposes of this section.3-12
Sec. 4. The amendatory provisions of this act must not be construed to3-13
prohibit a person who was discharged from parole before the effective date3-14
of this act from having his civil rights restored.3-15
Sec. 5. This act becomes effective upon passage and approval.~