Assembly Bill No. 80–Committee on Judiciary

CHAPTER........

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 a

1-2 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. The board may:

1-9 (a) Revoke the parole of a prisoner described in subsection 1

1-10 immediately and allow the time during which the prisoner is incarcerated

1-11 in the other jurisdiction to be time served on his term of imprisonment in

1-12 this state;

1-13 (b) Revoke the parole of a prisoner described in subsection 1 at a later

1-14 date that the board specifies and allow the time during which the

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

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

1-17 this state;

1-18 (c) Continue the parole of a prisoner described in subsection 1

1-19 immediately and allow the parole of the prisoner to run concurrently

1-20 with the time served in the other jurisdiction; or

1-21 (d) Continue the parole of a prisoner described in subsection 1 at a

1-22 later date that the board specifies and allow the parole of the prisoner to

1-23 run concurrently with the time served in the other jurisdiction after the

1-24 date on which the parole is continued.

1-25 Sec. 2. NRS 213.107 is hereby amended to read as follows:

1-26 213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1

1-27 of this act, unless the context otherwise requires:

1-28 1. "Board" means the state board of parole commissioners.

1-29 2. "Chief" means the chief parole and probation officer.

1-30 3. "Division" means the division of parole and probation of the

1-31 department of motor vehicles and public safety.

1-32 4. "Residential confinement" means the confinement of a person

1-33 convicted of a crime to his place of residence under the terms and

1-34 conditions established by the board.

1-35 5. "Sex offender" means any person who has been or is convicted of a

1-36 sexual offense.

1-37 6. "Sexual offense" means

1-38 :

2-1 (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS

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

2-3 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,

2-4 NRS 201.230 or 201.450;

2-5 (b) An attempt to commit any offense listed in paragraph (a); or

2-6 (c) An act of murder in the first or second degree, kidnaping in the first

2-7 or second degree, false imprisonment, burglary or invasion of the home if

2-8 the act is determined to be sexually motivated at a hearing conducted

2-9 pursuant to NRS 175.547.

2-10 7. "Standards" means the objective standards for granting or revoking

2-11 parole or probation which are adopted by the board or the chief.

2-12 Sec. 3. NRS 213.15185 is hereby amended to read as follows:

2-13 213.15185 1. A prisoner who is paroled and leaves the state without

2-14 permission from the board or who does not keep the board informed as to

2-15 his location as required by the conditions of his parole shall be deemed an

2-16 escaped prisoner and arrested as such.

2-17 2. Except as otherwise provided in subsection 2 of NRS 213.1519, if

2-18 his parole is lawfully revoked and he is thereafter returned to prison, he

2-19 forfeits all previously earned credits earned to reduce his sentence pursuant

2-20 to chapter 209 of NRS and shall serve any part of the unexpired maximum

2-21 term of his original sentence as may be determined by the board.

2-22 3. Except as otherwise provided in subsection 2 of NRS 213.1519, the

2-23 board may restore any credits forfeited pursuant to subsection 2.

2-24 4. [The] Except as otherwise provided in section 1 of this act, the time Green numbers along left 2-25 margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

2-26 a person is an escaped prisoner is not time served on his term of

2-27 imprisonment.

2-28 Sec. 4. This act becomes effective upon passage and approval.

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