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 213.130 is hereby amended to read as follows:

1-2 213.130 1. A prisoner sentenced to imprisonment in the state prison

1-18 consider the application of the prisoner for parole,

2-1 a representative set of original or duplicate photographs must be

2-2 included with the information submitted to the board at the meeting.

2-3 3. If a victim of the prisoner whose application is being considered

2-4 for parole:

2-5 (a) Is notified of the meeting pursuant to subsection 5; and

2-6 (b) Within 10 days after receiving notice of the meeting, informs the

2-7 board in writing that the victim objects to the inclusion of photographs of

2-8 the scene of the crime in the information submitted to the board,

2-9 the photographs must not be submitted to the board.

2-10 4. Meetings for the purpose of considering applications for parole may

2-11 be held semiannually or more often, on such dates as may be fixed by the

2-12 board. All meetings must be open to the public.

2-13 [3.] 5. Not later than 5 days after the date on which the board fixes the

2-14 date of the meeting to consider the application of a prisoner for parole, the

2-15 board shall notify the victim of the prisoner whose application is being

2-16 considered of the date of the meeting and of his rights pursuant to this

2-17 subsection, if the victim has requested notification in writing and has

2-18 provided his current address or if the victim’s current address is otherwise

2-19 known by the board. The victim of any person applying for parole may

2-20 submit documents to the board and may testify at the meeting held to

2-21 consider the application. An application for parole must not be considered

2-22 until the board has notified any victim of his rights pursuant to this

2-23 subsection and he is given the opportunity to exercise those rights. If a

2-24 current address is not provided to or otherwise known by the board, the

2-25 board must not be held responsible if such notification is not received by

2-26 the victim.

2-27 [4.] 6. The board may deliberate in private after a public meeting held

2-28 to consider an application for parole.

2-29 [5.] 7. The board of state prison commissioners shall provide suitable

2-30 and convenient rooms or space for use of the board.

2-31 [6.] 8. If a victim is notified of a meeting to consider an application for

2-32 parole pursuant to subsection [3,] 5, the board shall, upon making a final

2-33 decision concerning the application, notify the victim of its final decision.

2-34 [7.] 9. All personal information, including, but not limited to, a current

2-35 or former address, which pertains to a victim and which is received by the

2-36 board pursuant to this section is confidential.

2-37 [8.] 10. For the purposes of this section, "victim" has the meaning

2-38 ascribed to it in NRS 213.005.

2-39 Sec. 2. NRS 209.392 is hereby amended to read as follows:

2-40 209.392 1. Except as otherwise provided in NRS 209.3925 and

2-43 pursuant to subsection 3 and who has:

3-1 (a) Established a position of employment in the community;

3-2 (b) Enrolled in a program for education or rehabilitation; or

3-3 (c) Demonstrated an ability to pay for all or part of the costs of his

3-4 confinement and to meet any existing obligation for restitution to any

3-5 victim of his crime,

3-6 assign the offender to the custody of the division of parole and probation of

3-7 the department of motor vehicles and public safety to serve a term of

3-8 residential confinement, pursuant to NRS 213.380, for not longer than the

3-9 remainder of his sentence.

3-10 2. Upon receiving a request to serve a term of residential confinement

3-11 from an eligible offender, the director shall notify the division of parole and

3-12 probation. If any victim of a crime committed by the offender has, pursuant

3-13 to subsection [3] 5 of NRS 213.130, requested to be notified of an

3-14 application for parole and has provided a current address, the division of

3-15 parole and probation shall notify the victim of the offender’s request and

3-16 advise the victim that he may submit documents regarding the request to

3-17 the division of parole and probation. If a current address has not been

3-18 provided as required by subsection [3] 5 of NRS 213.130, the division of

3-19 parole and probation must not be held responsible if such notification is not

3-20 received by the victim. All personal information, including, but not limited

3-21 to, a current or former address, which pertains to a victim and which is

3-22 received by the division of parole and probation pursuant to this subsection

3-23 is confidential.

3-24 3. The director, after consulting with the division of parole and

3-25 probation, shall adopt, by regulation, standards providing which offenders

3-26 are eligible for residential confinement. The standards adopted by the

3-27 director must provide that an offender who:

3-28 (a) Is not eligible for parole or release from prison within a reasonable

3-29 period;

3-30 (b) Has recently committed a serious infraction of the rules of an

3-31 institution or facility of the department;

3-32 (c) Has not performed the duties assigned to him in a faithful and

3-33 orderly manner;

3-34 (d) Has ever been convicted of:

3-35 (1) Any crime involving the use or threatened use of force or violence

3-36 against the victim; or

3-37 (2) A sexual offense;

3-38 (e) Has more than one prior conviction for any felony in this state or any

3-39 offense in another state that would be a felony if committed in this state, not

3-40 including a violation of NRS 484.3792 or 484.3795;

3-41 (f) Has escaped or attempted to escape from any jail or correctional

3-42 institution for adults; or

4-1 (g) Has not made an effort in good faith to participate in or to complete

4-2 any educational or vocational program or any program of treatment, as

4-3 ordered by the director,

4-4 is not eligible for assignment to the custody of the division of parole and

4-5 probation to serve a term of residential confinement pursuant to this

4-6 section.

4-7 4. If an offender assigned to the custody of the division of parole and

4-8 probation pursuant to this section escapes or violates any of the terms or

4-9 conditions of his residential confinement:

4-10 (a) The division of parole and probation may, pursuant to the procedure

4-11 set forth in NRS 213.410, return the offender to the custody of the

4-12 department.

4-13 (b) The offender forfeits all or part of the credits for good behavior

4-14 earned by him before the escape or violation, as determined by the director.

4-15 The director may provide for a forfeiture of credits pursuant to this

4-16 paragraph only after proof of the offense and notice to the offender, and

4-17 may restore credits forfeited for such reasons as he considers proper. The

4-18 decision of the director regarding such a forfeiture is final.

4-19 5. The assignment of an offender to the custody of the division of

4-20 parole and probation pursuant to this section shall be deemed:

4-21 (a) A continuation of his imprisonment and not a release on parole; and

4-22 (b) For the purposes of NRS 209.341, an assignment to a facility of the

4-23 department,

4-24 except that the offender is not entitled to obtain any benefits or to

4-25 participate in any programs provided to offenders in the custody of the

4-26 department.

4-27 6. An offender does not have a right to be assigned to the custody of

4-28 the division of parole and probation pursuant to this section, or to remain in

4-29 that custody after such an assignment, and it is not intended that the

4-30 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

4-31 any right or interest in liberty or property or establish a basis for any cause

4-32 of action against the state, its political subdivisions, agencies, boards,

4-33 commissions, departments, officers or employees.

4-34 Sec. 3. NRS 209.3925 is hereby amended to read as follows:

4-35 209.3925 1. Except as otherwise provided in subsection 6, the

4-43 public; or

5-1 (2) In ill health and expected to die within 12 months, and does not

5-2 presently, and likely will not in the future, pose a threat to the safety of the

5-3 public; and

5-4 (b) At least two physicians licensed pursuant to chapter 630 of NRS, one

5-5 of whom is not employed by the department, verify, in writing, that the

5-6 offender is:

5-7 (1) Physically incapacitated; or

5-8 (2) In ill health and expected to die within 12 months.

5-9 2. If the director intends to assign an offender to the custody of the

5-10 division of parole and probation pursuant to this section, at least 45 days

5-11 before the date the offender is expected to be released from the custody of

5-12 the department, the director shall notify:

5-13 (a) If the offender will reside within this state after he is released from

5-14 the custody of the department, the board of county commissioners of the

5-15 county in which the offender will reside; and

5-16 (b) The division of parole and probation.

5-17 3. If any victim of a crime committed by the offender has, pursuant to

5-18 subsection [3] 5 of NRS 213.130, requested to be notified of an application

5-19 for parole and has provided a current address, the division of parole and

5-20 probation shall notify the victim that:

5-21 (a) The director intends to assign the offender to the custody of the

5-22 division of parole and probation pursuant to this section; and

5-23 (b) The victim may submit documents to the division of parole and

5-24 probation regarding such an assignment.

5-25 If a current address has not been provided by a victim as required by

5-26 subsection [3] 5 of NRS 213.130, the division of parole and probation must

5-27 not be held responsible if notification is not received by the victim. All

5-28 personal information, including, but not limited to, a current or former

5-29 address, which pertains to a victim and which is received by the division of

5-30 parole and probation pursuant to this subsection is confidential.

5-31 4. If an offender assigned to the custody of the division of parole and

5-32 probation pursuant to this section escapes or violates any of the terms or

5-33 conditions of his residential confinement:

5-34 (a) The division of parole and probation may, pursuant to the procedure

5-35 set forth in NRS 213.410, return the offender to the custody of the

5-36 department.

5-37 (b) The offender forfeits all or part of the credits for good behavior

5-38 earned by him before the escape or violation, as determined by the
5-39 director.

5-40 The director may provide for a forfeiture of credits pursuant to this

5-41 paragraph only after proof of the offense and notice to the offender, and

5-42 may restore credits forfeited for such reasons as he considers proper. The

5-43 decision of the director regarding such a forfeiture is final.

6-1 5. The assignment of an offender to the custody of the division of

6-2 parole and probation pursuant to this section shall be deemed:

6-3 (a) A continuation of his imprisonment and not a release on parole; and

6-4 (b) For the purposes of NRS 209.341, an assignment to a facility of the

6-5 department,

6-6 except that the offender is not entitled to obtain any benefits or to

6-7 participate in any programs provided to offenders in the custody of the

6-8 department.

6-9 6. The director may not assign an offender to the custody of the

6-10 division of parole and probation pursuant to this section if the offender is

6-11 sentenced to death or imprisonment for life without the possibility of

6-12 parole.

6-13 7. An offender does not have a right to be assigned to the custody of

6-14 the division of parole and probation pursuant to this section, or to remain in

6-15 that custody after such an assignment, and it is not intended that the

6-16 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

6-17 any right or interest in liberty or property or establish a basis for any cause

6-18 of action against the state, its political subdivisions, agencies, boards,

6-19 commissions, departments, officers or employees.