requires two-thirds majority vote (§§ 1, 3)                                              

                                                                                                  

 

Assembly Bill No. 584–Committee on Judiciary

 

(On Behalf of Department of Motor Vehicles and
Public Safety—Director’s Office)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Requires posting of bond by probationers and parolees who request permission to reside in another state. (BDR 14‑513)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

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

 

AN ACT relating to supervision; requiring the posting of a bond by probationers and parolees who request permission to reside in another state; enacting provisions governing the forfeiture and distribution of such bonds under certain circumstances; providing for the establishment of standards and adoption of regulations concerning such bonds; 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 176A of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3    1.  Unless a written waiver is granted by the chief parole and

1-4  probation officer in accordance with the regulations adopted pursuant to

1-5  subsection 4, a probationer who is granted permission to be supervised in

1-6  another state pursuant to NRS 213.180 to 213.210, inclusive, must post a

1-7  bond with the department of motor vehicles and public safety before

1-8  leaving this state.

1-9    2.  The bond required pursuant to subsection 1 must:

1-10    (a) Be in an amount established by the department in accordance with

1-11  the regulations adopted pursuant to subsection 3.

1-12    (b) Be made payable to the State of Nevada.

1-13    (c) Be deposited with the department.

1-14    (d) Remain in effect until forfeited or returned pursuant to this

1-15  section.

2-1    3.  The director of the department shall adopt regulations as are

2-2  necessary to carry out the provisions of this section. The regulations

2-3  must:

2-4    (a) Include, without limitation, standards for determining the amount

2-5  of a bond based upon the geographical proximity of the state that will be

2-6  supervising the probationer; and

2-7    (b) Provide that the amount of the bond must not be altered if the

2-8  probationer subsequently requests permission to be supervised in a state

2-9  other than the state for which the amount of the bond was originally

2-10  established.

2-11    4.  The chief parole and probation officer shall adopt regulations

2-12  providing standards and procedures for the waiver of the requirement of

2-13  posting a bond pursuant to this section.

2-14    5.  Except as otherwise provided in subsection 6, the bond must be

2-15  returned to the probationer upon:

2-16    (a) Voluntary return of the probationer to this state during the term of

2-17  his supervision; or

2-18    (b) Successful completion of the term of probation.

2-19    6.  If the bond of a probationer is returned to the probationer

2-20  pursuant to subsection 5, deductions for the following items must be

2-21  made, in the following order of priority, before any money is returned to

2-22  the probationer:

2-23    (a) Restitution owed to any victim of a crime committed by the

2-24  probationer.

2-25    (b) Fees owed for supervision of the probationer.

2-26    (c) Unpaid administrative assessments.

2-27    (d) Unpaid fines.

2-28    7.  If a probationer absconds, commits a new offense or otherwise

2-29  violates the terms and conditions of his probation, the bond must be

2-30  forfeited. If the probationer is:

2-31    (a) Returned to this state, the money from the forfeited bond must be

2-32  used to pay for the necessary expenses incurred by the State of Nevada

2-33  for returning the probationer to this state. If any money remains after

2-34  paying the costs of returning the probationer to this state, deductions for

2-35  the following items must be made, in the following order of priority,

2-36  before returning any money to the probationer:

2-37      (1) Restitution owed to any victim of a crime committed by the

2-38  probationer.

2-39      (2) Fees owed for supervision of the probationer.

2-40      (3) Unpaid administrative assessments.

2-41      (4) Unpaid fines.

2-42    (b) Not returned to this state and issued a dishonorable discharge, the

2-43  money from the forfeited bond must be distributed in the following order

2-44  of priority:

2-45      (1) Restitution owed to any victim of a crime committed by the

2-46  probationer.

2-47      (2) Fees owed for supervision of the probationer.

2-48      (3) Unpaid administrative assessments.

2-49      (4) Unpaid fines.

3-1       (5) Fund for the compensation of victims of crime created pursuant

3-2  to NRS 217.260.

3-3    Sec. 2.  NRS 176A.640 is hereby amended to read as follows:

3-4    176A.640  The necessary expenses of returning to the court a person

3-5  arrested for violation of probation are a charge against the state and must

3-6  be paid first from the bond, if any, posted by the probationer pursuant to

3-7  section 1 of this act and then from the money appropriated to the division.

3-8  After the appropriation for this purpose is exhausted, money must be

3-9  allocated to the division out of the reserve for statutory contingency

3-10  account, upon approval by the state board of examiners, for the payment of

3-11  these expenses.

3-12    Sec. 3.  Chapter 213 of NRS is hereby amended by adding thereto a

3-13  new section to read as follows:

3-14    1.  Unless a written waiver is granted by the chairman of the board in

3-15  accordance with the regulations adopted pursuant to subsection 4, a

3-16  parolee who is granted permission to be supervised in another state

3-17  pursuant to NRS 213.180 to 213.210, inclusive, must post a bond with the

3-18  department of motor vehicles and public safety before leaving this state.

3-19    2.  The bond required pursuant to subsection 1 must:

3-20    (a) Be in an amount established by the department in accordance with

3-21  the regulations adopted pursuant to subsection 3.

3-22    (b) Be made payable to the State of Nevada.

3-23    (c) Be deposited with the department.

3-24    (d) Remain in effect until forfeited or returned pursuant to this

3-25  section.

3-26    3.  The director of the department shall adopt regulations as are

3-27  necessary to carry out the provisions of this section. The regulations

3-28  must:

3-29    (a) Include, without limitation, standards for determining the amount

3-30  of a bond based upon the geographical proximity of the state that will be

3-31  supervising the parolee; and

3-32    (b) Provide that the amount of the bond must not be altered if the

3-33  parolee subsequently requests permission to be supervised in a state other

3-34  than the state for which the amount of the bond was originally

3-35  established.

3-36    4.  The chairman of the board shall adopt regulations providing

3-37  standards and procedures for the waiver of the requirement of posting a

3-38  bond pursuant to this section.

3-39    5.  Except as otherwise provided in subsection 6, the bond must be

3-40  returned to the parolee upon:

3-41    (a) Voluntary return of the parolee to this state during the term of his

3-42  parole; or

3-43    (b) Successful completion of the term of parole.

3-44    6.  If the bond of a parolee is returned to the parolee pursuant to

3-45  subsection 5, deductions for the following items must be made, in the

3-46  following order of priority, before any money is returned to the parolee:

3-47    (a) Restitution owed to any victim of a crime committed by the

3-48  parolee.

3-49    (b) Fees owed for supervision of the parolee.

4-1    (c) Unpaid administrative assessments.

4-2    (d) Unpaid fines.

4-3    7.  If a parolee absconds, commits a new offense or otherwise violates

4-4  the terms and conditions of his parole, the bond must be forfeited. If the

4-5  parolee is:

4-6    (a) Returned to this state, the money from the forfeited bond must be

4-7  used to pay for the necessary expenses incurred by the State of Nevada

4-8  for returning the parolee to this state. If any money remains after paying

4-9  the costs of returning the parolee to this state, deductions for the

4-10  following items must be made, in the following order of priority, before

4-11  returning any money to the parolee:

4-12      (1) Restitution owed to any victim of a crime committed by the

4-13  parolee.

4-14      (2) Fees owed for supervision of the parolee.

4-15      (3) Unpaid administrative assessments.

4-16      (4) Unpaid fines.

4-17    (b) Not returned to this state and issued a dishonorable discharge, the

4-18  money from the forfeited bond must be distributed in the following order

4-19  of priority:

4-20      (1) Restitution owed to any victim of a crime committed by the

4-21  parolee.

4-22      (2) Fees owed for supervision of the parolee.

4-23      (3) Unpaid administrative assessments.

4-24      (4) Unpaid fines.

4-25      (5) The fund for the compensation of victims of crime created

4-26  pursuant to NRS 217.260.

4-27    Sec. 4.  NRS 213.107 is hereby amended to read as follows:

4-28    213.107  As used in NRS 213.107 to 213.157, inclusive, and section 3

4-29  of this act, unless the context otherwise requires:

4-30    1.  “Board” means the state board of parole commissioners.

4-31    2.  “Chief” means the chief parole and probation officer.

4-32    3.  “Division” means the division of parole and probation of the

4-33  department of motor vehicles and public safety.

4-34    4.  “Residential confinement” means the confinement of a person

4-35  convicted of a crime to his place of residence under the terms and

4-36  conditions established by the board.

4-37    5.  “Sex offender” means any person who has been or is convicted of a

4-38  sexual offense.

4-39    6.  “Sexual offense” means:

4-40    (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS

4-41  200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph

4-42  (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,

4-43  NRS 201.230 or 201.450;

4-44    (b) An attempt to commit any offense listed in paragraph (a); or

4-45    (c) An act of murder in the first or second degree, kidnapping in the first

4-46  or second degree, false imprisonment, burglary or invasion of the home if

4-47  the act is determined to be sexually motivated at a hearing conducted

4-48  pursuant to NRS 175.547.

5-1    7.  “Standards” means the objective standards for granting or revoking

5-2  parole or probation which are adopted by the board or the chief.

5-3    Sec. 5.  NRS 213.153 is hereby amended to read as follows:

5-4    213.153  1.  The necessary expenses of returning to the state board of

5-5  parole commissioners a person arrested for violation of parole are a charge

5-6  against the state and must be paid first from the bond, if any, posted by the

5-7  parolee pursuant to section 3 of this act and then from the money

5-8  appropriated to the division. After the appropriation for this purpose is

5-9  exhausted, money must be allocated to the division out of the reserve for

5-10  statutory contingency account, upon approval by the state board of

5-11  examiners, for the payment of these expenses.

5-12    2.  Upon determining that a parolee has violated a condition of his

5-13  parole, the board shall, if practicable, order the parolee to make restitution

5-14  for any necessary expenses incurred by a governmental entity in returning

5-15  him to the board for violation of his parole.

5-16    Sec. 6.  The amendatory provisions of this act apply to an offender

5-17  who requests permission to transfer the responsibility of his supervision to

5-18  another state pursuant to NRS 213.180 to 213.210, inclusive, on or after

5-19  October 1, 2001.

 

5-20  H