Assembly Bill No. 80–Committee on Judiciary

(On Behalf of Board of Parole Commissioners)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning parolee who is incarcerated in another jurisdiction. (BDR 16-235)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to parole; making various changes concerning a parolee who commits a felony in another jurisdiction; and providing other matters properly relating thereto.

 

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 thereto

1-2 a new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, if a prisoner who is

1-4 paroled by this state is convicted of and incarcerated for a new crime in a

1-5 jurisdiction outside of this state, the time during which the prisoner is

1-6 incarcerated in the other jurisdiction is not time served on his term of

1-7 imprisonment in this state.

1-8 2. If the prisoner described in subsection 1 waives his right to a

1-9 parole revocation hearing in this state, the board may:

1-10 (a) Revoke the parole of the prisoner:

1-11 (1) Immediately and allow the time during which the prisoner is

1-12 incarcerated in the other jurisdiction to be time served on his term of

1-13 imprisonment in this state; or

1-14 (2) At a later date that the board specifies and allow the time during

1-15 which the prisoner is incarcerated in the other jurisdiction after the date

1-16 on which the parole is revoked to be time served on his term of

1-17 imprisonment in this state; or

2-1 (b) Continue the parole of the prisoner:

2-2 (1) Immediately and allow the parole of the prisoner to run

2-3 concurrently with the time served in the other jurisdiction; or

2-4 (2) At a later date that the board specifies and allow the parole of

2-5 the prisoner to run concurrently with the time served in the other

2-6 jurisdiction after the date on which the parole is continued.

2-7 Sec. 2. NRS 213.107 is hereby amended to read as follows:

2-8 213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1

2-9 of this act, unless the context otherwise requires:

2-10 1. "Board" means the state board of parole commissioners.

2-11 2. "Chief" means the chief parole and probation officer.

2-12 3. "Division" means the division of parole and probation of the

2-13 department of motor vehicles and public safety.

2-14 4. "Residential confinement" means the confinement of a person

2-15 convicted of a crime to his place of residence under the terms and

2-16 conditions established by the board.

2-17 5. "Sex offender" means any person who has been or is convicted of a

2-18 sexual offense.

2-19 6. "Sexual offense" means:

2-20 (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS

2-21 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph

2-22 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,

2-23 NRS 201.230 or 201.450;

2-24 (b) An attempt to commit any offense listed in paragraph (a); or

2-25 (c) An act of murder in the first or second degree, kidnaping in the first

2-26 or second degree, false imprisonment, burglary or invasion of the home if

2-27 the act is determined to be sexually motivated at a hearing conducted

2-28 pursuant to NRS 175.547.

2-29 7. "Standards" means the objective standards for granting or revoking

2-30 parole or probation which are adopted by the board or the chief.

2-31 Sec. 3. NRS 213.15185 is hereby amended to read as follows:

2-32 213.15185 1. A prisoner who is paroled and leaves the state without

2-33 permission from the board or who does not keep the board informed as to

2-34 his location as required by the conditions of his parole shall be deemed an

2-35 escaped prisoner and arrested as such.

2-36 2. Except as otherwise provided in subsection 2 of NRS 213.1519, if

2-37 his parole is lawfully revoked and he is thereafter returned to prison, he

2-38 forfeits all previously earned credits earned to reduce his sentence pursuant

2-39 to chapter 209 of NRS and shall serve any part of the unexpired maximum

2-40 term of his original sentence as may be determined by the board.

2-41 3. Except as otherwise provided in subsection 2 of NRS 213.1519, the

2-42 board may restore any credits forfeited pursuant to subsection 2.

3-1 4. [The] Except as otherwise provided in section 1 of this act, the

3-2 time a person is an escaped prisoner is not time served on his term of

3-3 imprisonment.

3-4 Sec. 4. This act becomes effective upon passage and approval.

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