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
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. Except as otherwise provided in subsection 2, if a prisoner who is1-4
paroled by this state is convicted of and incarcerated for a new crime in a1-5
jurisdiction outside of this state, the time during which the prisoner is1-6
incarcerated in the other jurisdiction is not time served on his term of1-7
imprisonment in this state.1-8
2. If the prisoner described in subsection 1 waives his right to a1-9
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 is1-12
incarcerated in the other jurisdiction to be time served on his term of1-13
imprisonment in this state; or1-14
(2) At a later date that the board specifies and allow the time during1-15
which the prisoner is incarcerated in the other jurisdiction after the date1-16
on which the parole is revoked to be time served on his term of1-17
imprisonment in this state; or2-1
(b) Continue the parole of the prisoner:2-2
(1) Immediately and allow the parole of the prisoner to run2-3
concurrently with the time served in the other jurisdiction; or2-4
(2) At a later date that the board specifies and allow the parole of2-5
the prisoner to run concurrently with the time served in the other2-6
jurisdiction after the date on which the parole is continued.2-7
Sec. 2. NRS 213.107 is hereby amended to read as follows: 213.107 As used in NRS 213.107 to 213.157, inclusive, and section 12-9
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 the2-13
department of motor vehicles and public safety.2-14
4. "Residential confinement" means the confinement of a person2-15
convicted of a crime to his place of residence under the terms and2-16
conditions established by the board.2-17
5. "Sex offender" means any person who has been or is convicted of a2-18
sexual offense.2-19
6. "Sexual offense" means:2-20
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS2-21
200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph2-22
(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); or2-25
(c) An act of murder in the first or second degree, kidnaping in the first2-26
or second degree, false imprisonment, burglary or invasion of the home if2-27
the act is determined to be sexually motivated at a hearing conducted2-28
pursuant to NRS 175.547.2-29
7. "Standards" means the objective standards for granting or revoking2-30
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: 213.15185 1. A prisoner who is paroled and leaves the state without2-33
permission from the board or who does not keep the board informed as to2-34
his location as required by the conditions of his parole shall be deemed an2-35
escaped prisoner and arrested as such.2-36
2. Except as otherwise provided in subsection 2 of NRS 213.1519, if2-37
his parole is lawfully revoked and he is thereafter returned to prison, he2-38
forfeits all previously earned credits earned to reduce his sentence pursuant2-39
to chapter 209 of NRS and shall serve any part of the unexpired maximum2-40
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, the2-42
board may restore any credits forfeited pursuant to subsection 2.3-1
4.3-2
time a person is an escaped prisoner is not time served on his term of3-3
imprisonment.3-4
Sec. 4. This act becomes effective upon passage and approval.~