Assembly Bill No. 573–Committee on Judiciary

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning restitution and reclassifies parole and probation officers. (BDR 14‑654)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                                 Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal justice; authorizing a county to administer and distribute money collected for court-ordered restitution from certain persons; eliminating the restitution trust fund in the state treasury; providing that payments for restitution must be deposited in a separate fund in the appropriate county treasury for disbursement to victims of crime; reclassifying parole and probation officers as category I peace officers; 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. NRS 176A.400 is hereby amended to read as follows:

1-2    176A.400  1.  In issuing an order granting probation, the court may fix

1-3  the terms and conditions thereof, including, without limitation:

1-4    (a) A requirement for restitution[;] , which must be paid to the county

1-5  in which the court that issued the order granting probation is located;

1-6    (b) An order that the probationer dispose of all the weapons he

1-7  possesses; or

1-8    (c) Any reasonable conditions to protect the health, safety or welfare of

1-9  the community or to ensure that the probationer will appear at all times and

1-10  places ordered by the court, including, without limitation:

1-11      (1) Requiring the probationer to remain in this state or a certain

1-12  county within this state;

1-13      (2) Prohibiting the probationer from contacting or attempting to

1-14  contact a specific person or from causing or attempting to cause another

1-15  person to contact that person on his behalf;

1-16      (3) Prohibiting the probationer from entering a certain geographic

1-17  area; or

1-18      (4) Prohibiting the probationer from engaging in specific conduct that

1-19  may be harmful to his own health, safety or welfare, or the health, safety or

1-20  welfare of another person.

2-1    2.  In issuing an order granting probation to a person who is found

2-2  guilty of a category C, D or E felony, the court may require the person as a

2-3  condition of probation to participate in and complete to the satisfaction of

2-4  the court any alternative program, treatment or activity deemed appropriate

2-5  by the court.

2-6    3.  The court shall not suspend the execution of a sentence of

2-7  imprisonment after the defendant has begun to serve it.

2-8    4.  In placing any defendant on probation or in granting a defendant a

2-9  suspended sentence, the court shall direct that he be placed under the

2-10  supervision of the chief parole and probation officer.

2-11    Sec. 2.  NRS 176A.430 is hereby amended to read as follows:

2-12    176A.430  1.  The court shall order as a condition of probation or

2-13  suspension of sentence, in appropriate circumstances, that the defendant

2-14  make full or partial restitution to the person or persons named in the order,

2-15  at the times and in the amounts specified in the order unless the court finds

2-16  that restitution is impracticable. Such an order may require payment for

2-17  medical or psychological treatment of any person whom the defendant has

2-18  injured. In appropriate circumstances, the court shall include as a condition

2-19  of probation or suspension of sentence that the defendant execute an

2-20  assignment of wages earned by him while on probation or subject to the

2-21  conditions of suspension of sentence to the [division] county in which the

2-22  court that issued the order granting probation or a suspension of

2-23  sentence is located for restitution.

2-24    2.  All money received by the [division] county for restitution for:

2-25    (a) One victim may; and

2-26    (b) More than one victim must,

2-27  be deposited with the [state] county treasurer for credit to [the restitution

2-28  trust fund.] a fund in the county treasury established by the board of

2-29  county commissioners for the collection and disbursement of payments

2-30  for restitution for victims of crime. All payments from the fund must be

2-31  paid as other claims against the [state] county are paid.

2-32    3.  If restitution is not required, the court shall set forth the

2-33  circumstances upon which it finds restitution impracticable in its order of

2-34  probation or suspension of sentence.

2-35    4.  Failure to comply with the terms of an order for restitution is a

2-36  violation of a condition of probation or suspension of sentence unless the

2-37  defendant’s failure has been caused by economic hardship resulting in his

2-38  inability to pay the amount due. The defendant is entitled to a hearing to

2-39  show the existence of such a hardship.

2-40    5.  If, within 3 years after the defendant has been discharged from

2-41  probation, the [division] county has not located the person to whom the

2-42  restitution was ordered, the money paid by the defendant must be deposited

2-43  with the [state] county treasurer for credit to [the] a fund for the

2-44  compensation of victims of crime[.] created by the office of the district

2-45  attorney of the county in which the court that ordered the restitution is

2-46  located.

2-47    Sec. 3.  NRS 213.1096 is hereby amended to read as follows:

2-48    213.1096  Assistant parole and probation officers shall:

3-1    1.  Investigate all cases referred to them for investigation by the board

3-2  or by the chief parole and probation officer, or by any court in which they

3-3  are authorized to serve.

3-4    2.  Supervise all persons released on probation by any such court or

3-5  released to them for supervision by the board or by the chief parole and

3-6  probation officer.

3-7    3.  Furnish to each person released under their supervision a written

3-8  statement of the conditions of parole or probation and instruct him

3-9  regarding those conditions.

3-10    4.  Keep informed concerning the conduct and condition of all persons

3-11  under their supervision and use all suitable methods to aid and encourage

3-12  them and to bring about improvement in their conduct and conditions.

3-13    5.  Keep detailed records of their work.

3-14    6.  Collect and disburse all money received pursuant to NRS 176A.740

3-15  in accordance with the orders of the chief parole and probation officer or

3-16  the court.

3-17    7.  Keep accurate and complete accounts of all money received and

3-18  disbursed in accordance with such orders and give receipts therefor.

3-19    8.  Make such reports in writing as the court or the chief parole and

3-20  probation officer may require.

3-21    9.  Coordinate their work with that of other social agencies.

3-22    10.  File identifying information regarding their cases with any social

3-23  service index or exchange operating in the area to which they are assigned.

3-24    Sec. 4.  NRS 213.126 is hereby amended to read as follows:

3-25    213.126  1.  Unless complete restitution was made while the parolee

3-26  was incarcerated, the board shall impose as a condition of parole, in

3-27  appropriate circumstances, a requirement that the parolee make restitution

3-28  to the person or persons named in the statement of parole conditions,

3-29  including restitution to a governmental entity for expenses related to

3-30  extradition, at the times specified in the statement unless the board finds

3-31  that restitution is impracticable. The amount of restitution must be the

3-32  amount set by the court pursuant to NRS 176.033. In appropriate

3-33  circumstances, the board shall include as a condition of parole that the

3-34  parolee execute an assignment of wages earned by him while on parole to

3-35  the [division] county in which the parolee was convicted for restitution.

3-36    2.  All money received by the [division] county for restitution for:

3-37    (a) One victim may; and

3-38    (b) More than one victim must,

3-39  be deposited in the [state] county treasury for credit to [the restitution trust

3-40  fund which is hereby created.] a fund established by the board of county

3-41  commissioners for the collection and disbursement of payments for

3-42  restitution for victims of crime.

3-43    3.  The [division] county shall make pro rata payments from the money

3-44  received from the parolee to each person to whom the restitution was

3-45  ordered pursuant to NRS 176.033. Such a payment must be made:

3-46    (a) If the money received from the parolee in a single payment is $200

3-47  or more or if the total accumulated amount received from the parolee is

3-48  $200 or more, whenever money is received from the parolee.

4-1    (b) If the money received from the parolee in a single payment is less

4-2  than $200 or if the total accumulated amount received from the parolee is

4-3  less than $200, at the end of each year until the parolee has paid the entire

4-4  restitution owed.

4-5  Any money received from the parolee that is remaining at the end of each

4-6  year must be paid at that time in pro rata payments to each person to whom

4-7  the restitution was ordered. A final pro rata payment must be made to such

4-8  persons when the parolee pays the entire restitution owed.

4-9    4.  A person to whom restitution was ordered pursuant to NRS 176.033

4-10  may at any time file an application with the [division] county in which the

4-11  parolee was convicted requesting the [division] county to make a pro rata

4-12  payment from the money received from the parolee. If the [division]

4-13  county finds that the applicant is suffering a serious financial hardship and

4-14  is in need of financial assistance, the [division] county shall pay to the

4-15  applicant his pro rata share of the money received from the parolee.

4-16    5.  All payments from [the] each fund described in subsection 2 must

4-17  be paid as other claims against the [state] appropriate county are paid.

4-18    6.  If restitution is not required, the board shall set forth the

4-19  circumstances upon which it finds restitution impracticable in its statement

4-20  of parole conditions.

4-21    7.  Failure to comply with a restitution requirement imposed by the

4-22  board is a violation of a condition of parole unless the parolee’s failure was

4-23  caused by economic hardship resulting in his inability to pay the amount

4-24  due. The defendant is entitled to a hearing to show the existence of that

4-25  hardship.

4-26    8.  If, within 3 years after the parolee is discharged from parole, the

4-27  [division] county has not located the person to whom the restitution was

4-28  ordered, the money paid to the [division] county by the parolee must be

4-29  deposited in [the] a fund for the compensation of victims of crime[.]

4-30  created by the office of the district attorney of the county in which the

4-31  court that ordered the restitution is located.

4-32    Sec. 5.  NRS 289.470 is hereby amended to read as follows:

4-33    289.470  “Category II peace officer” means:

4-34    1.  The bailiff of the supreme court;

4-35    2.  The bailiffs of the district courts, justices’ courts and municipal

4-36  courts whose duties require them to carry weapons and make arrests;

4-37    3.  Constables and their deputies whose official duties require them to

4-38  carry weapons and make arrests;

4-39    4.  Inspectors employed by the transportation services authority who

4-40  exercise those powers of enforcement conferred by chapters 706 and 712

4-41  of NRS;

4-42    5.  [Parole and probation officers;

4-43    6. ] Special investigators who are employed full time by the office of

4-44  any district attorney or the attorney general;

4-45    [7.] 6. Investigators of arson for fire departments who are specially

4-46  designated by the appointing authority;

4-47    [8.] 7. The assistant and deputies of the state fire marshal;

4-48    [9.] 8. The brand inspectors of the state department of agriculture who

4-49  exercise the powers of enforcement conferred by chapter 565 of NRS;

5-1    [10.] 9. Investigators for the state forester firewarden who are

5-2  specially designated by him and whose primary duties are related to the

5-3  investigation of arson;

5-4    [11.] 10. School police officers employed by the board of trustees of

5-5  any county school district;

5-6    [12.] 11. Agents of the state gaming control board who exercise the

5-7  powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

5-8  except those agents whose duties relate primarily to auditing, accounting,

5-9  the collection of taxes or license fees, or the investigation of applicants for

5-10  licenses;

5-11    [13.] 12. Investigators and administrators of the division of

5-12  compliance enforcement of the motor vehicles branch of the department of

5-13  motor vehicles and public safety who perform the duties specified in

5-14  subsection 3 of NRS 481.048;

5-15    [14.] 13. Officers and investigators of the section for the control of

5-16  emissions from vehicles of the motor vehicles branch of the department of

5-17  motor vehicles and public safety who perform the duties specified in

5-18  subsection 3 of NRS 481.0481;

5-19    [15.] 14. Legislative police officers of the State of Nevada;

5-20    [16.] 15. The personnel of the capitol police division of the

5-21  department of motor vehicles and public safety appointed pursuant to

5-22  subsection 2 of NRS 331.140;

5-23    [17.] 16. Parole counselors of the division of child and family services

5-24  of the department of human resources;

5-25    [18.] 17. Juvenile probation officers and deputy juvenile probation

5-26  officers employed by the various judicial districts in the State of Nevada or

5-27  by a department of family, youth and juvenile services established pursuant

5-28  to NRS 62.1264 whose official duties require them to enforce court orders

5-29  on juvenile offenders and make arrests;

5-30    [19.] 18. Field investigators of the taxicab authority;

5-31    [20.] 19. Security officers employed full time by a city or county

5-32  whose official duties require them to carry weapons and make arrests;

5-33    [21.] 20. The chief of a department of alternative sentencing created

5-34  pursuant to NRS 211A.080 and the assistant alternative sentencing officers

5-35  employed by that department; and

5-36    [22.] 21. Criminal investigators who are employed by the secretary of

5-37  state.

5-38    Sec. 6.  Notwithstanding the amendatory provisions of this act:

5-39    1.  The restitution trust fund in the state treasury must continue until the

5-40  balance of the fund is:

5-41    (a) Disbursed to the persons for whom the payments for restitution in

5-42  the fund were ordered; or

5-43    (b) Deposited with the state treasurer for credit in the fund for the

5-44  compensation of victims of crime, if the division of parole and probation of

5-45  the department of motor vehicles and public safety is not able to locate the

5-46  persons for whom the payments for restitution were ordered within the

5-47  period set forth in subsection 5 of NRS 176A.400 and subsection 8 of NRS

5-48  213.126; and

6-1    2.  The division of parole and probation shall disburse and deposit the

6-2  money in the restitution trust fund as described in subsection 1 until the

6-3  balance of the fund has been disbursed or credited pursuant to subsection 1.

6-4    Sec. 7.  1.  Each parole and probation officer who is employed by the

6-5  division of parole and probation of the department of motor vehicles and

6-6  public safety as of June 30, 2001, shall be deemed to be certified as a

6-7  category I peace officer, as that term is defined in NRS 289.460, on and

6-8  after July 1, 2001.

6-9    2.  Each parole and probation officer hired by the division of parole and

6-10  probation of the department of motor vehicles and public safety on or after

6-11  July 1, 2001, must be certified as a category I peace officer, as that term is

6-12  defined in NRS 289.460.

6-13    Sec. 8.  The amendatory provisions of this act, other than section 6 of

6-14  this act, do not apply to an order requiring restitution as a condition of a

6-15  suspension of sentence, probation or parole that was issued before July 1,

6-16  2001.

6-17    Sec. 9.  This act becomes effective on July 1, 2001.

 

6-18  H