Senate Bill No. 241–Committee on Judiciary

 

(On Behalf of Legislative Commission’s
Audit Subcommittee)

 

February 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to determination of whether certain offenders constitute menace to health, safety or morals of others. (BDR 16-435)

 

FISCAL NOTE:                     Effect on Local Government: No.

                             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 offenders; revising the provisions relating to certification panels that must determine whether certain prisoners who are eligible for parole constitute a menace to the health, safety or morals of others; requiring the department of prisons to administer such panels and the process of certification; revising the qualifications for certain members of such panels; revising the provisions relating to the determination of whether certain offenders who are eligible for probation constitute a menace to the health, safety or morals of others; 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 213.1214 is hereby amended to read as follows:

1-2    213.1214  1.  The board shall not release on parole a prisoner

1-3  convicted of an offense listed in subsection [5] 7 unless a certification

1-4  panel [consisting of:] certifies that the prisoner was under observation

1-5  while confined in an institution of the department of prisons and does

1-6  not represent a high risk to reoffend based upon a currently accepted

1-7  standard of assessment.

1-8    2.  The department of prisons shall administer each certification

1-9  panel and the process of certification. The director of the department of

1-10  prisons shall adopt regulations necessary to carry out the provisions of

1-11  this section. The regulations must include, without limitation, policies

1-12  and procedures for:

1-13  (a) Documenting that a prisoner was under observation while

1-14  confined in an institution of the department of prisons;

1-15  (b) Selecting a chairman for each certification panel;

2-1    (c) Conducting certification hearings;

2-2    (d) Ensuring compliance with the provisions of chapter 241 of NRS;

2-3  and

2-4    (e) Ensuring that the process for the evaluation of prisoners is

2-5  consistent.

2-6    3.  Each certification panel must consist of:

2-7    (a) The administrator of the division of  mental health and

2-8  developmental services of the department of human resources , or his

2-9  designee[;] who must be a psychologist licensed to practice in this state

2-10  or a psychiatrist licensed to practice medicine in this state;

2-11  (b) The director of the department of prisons , or his designee[; and]

2-12  who must be a psychologist licensed to practice in this state or a

2-13  psychiatrist licensed to practice medicine in this state; and

2-14  (c) A person selected by the director of the department of prisons who

2-15  must be a psychologist employed by the department of prisons and

2-16  licensed to practice in this state or a psychiatrist employed by the

2-17  department of prisons and licensed to practice medicine in this
state . [,

2-18  certifies that the prisoner was under observation while confined in an

2-19  institution of the department of prisons and is not a menace to the health,

2-20  safety or morals of others.

2-21  2.] 4. A prisoner who has been certified pursuant to subsection 1 and

2-22  who returns for any reason to the custody of the department of prisons may

2-23  not be paroled unless a certification panel recertifies him in the manner set

2-24  forth in subsection 1.

2-25  [3.] 5. The certification panel may revoke the certification of a

2-26  prisoner certified pursuant to subsection 1 at any time.

2-27  [4.] 6. This section does not create a right in any prisoner to be

2-28  certified or to continue to be certified. No prisoner may bring a cause of

2-29  action against the state, its political subdivisions, or the agencies, boards,

2-30  commissions, departments, officers or employees of the state or its

2-31  political subdivisions for not certifying a prisoner pursuant to this section

2-32  or for refusing to place a prisoner before a certification panel for

2-33  certification pursuant to this section.

2-34  [5.] 7. The provisions of this section apply to a prisoner convicted of

2-35  any of the following offenses:

2-36  (a) Sexual assault pursuant to NRS 200.366.

2-37  (b) Statutory sexual seduction pursuant to NRS 200.368.

2-38  (c) Battery with intent to commit sexual assault pursuant to
NRS 200.400.

2-39  (d) Abuse or neglect of a child pursuant to NRS 200.508.

2-40  (e) An offense involving pornography and a minor pursuant to
NRS 200.710 to 200.730, inclusive.

2-41  (f) Incest pursuant to NRS 201.180.

2-42  (g) Solicitation of a minor to engage in acts constituting the infamous

2-43  crime against nature pursuant to NRS 201.195.

2-44  (h) Open or gross lewdness pursuant to NRS 201.210.

2-45  (i) Indecent or obscene exposure pursuant to NRS 201.220.

2-46  (j) Lewdness with a child pursuant to NRS 201.230.

3-1    (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

3-2    (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k),

3-3  inclusive.

3-4    (m) Coercion or attempted coercion that is determined to be sexually

3-5  motivated pursuant to NRS 207.193.

3-6    Sec. 2.  NRS 176A.110 is hereby amended to read as follows:

3-7    176A.110  1.  The court shall not grant probation to or suspend the

3-8  sentence of a person convicted of an offense listed in subsection 3 unless a

3-9  psychologist licensed to practice in this state or a psychiatrist licensed to

3-10  practice medicine in this state certifies that the person [is not a menace to

3-11  the health, safety or morals of others.] does not represent a high risk to

3-12  reoffend based upon a currently accepted standard of assessment.

3-13  2.  This section does not create a right in any person to be certified or to

3-14  continue to be certified , and no person may bring a cause of action against

3-15  the state, its political subdivisions, or the agencies, boards, commissions,

3-16  departments, officers or employees of the state or its political subdivisions

3-17  for not certifying a person pursuant to this section or for refusing to

3-18  consider a person for certification pursuant to this section.

3-19  3.  The provisions of this section apply to a person convicted of any of

3-20  the following offenses:

3-21  (a) Attempted sexual assault of a person who is 16 years of age or older

3-22  pursuant to NRS 200.366.

3-23  (b) Statutory sexual seduction pursuant to NRS 200.368.

3-24  (c) Battery with intent to commit sexual assault pursuant to
NRS 200.400.

3-25  (d) Abuse or neglect of a child pursuant to NRS 200.508.

3-26  (e) An offense involving pornography and a minor pursuant to
NRS 200.710 to 200.730, inclusive.

3-27  (f) Incest pursuant to NRS 201.180.

3-28  (g) Solicitation of a minor to engage in acts constituting the infamous

3-29  crime against nature pursuant to NRS 201.195.

3-30  (h) Open or gross lewdness pursuant to NRS 201.210.

3-31  (i) Indecent or obscene exposure pursuant to NRS 201.220.

3-32  (j) Lewdness with a child pursuant to NRS 201.230.

3-33  (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

3-34  (l) A violation of NRS 207.180.

3-35  (m) An attempt to commit an offense listed in paragraphs (b) to (l),

3-36  inclusive.

3-37  (n) Coercion or attempted coercion that is determined to be sexually

3-38  motivated pursuant to NRS 207.193.

3-39  Sec. 3.  This act becomes effective on July 1, 2001.

 

3-40  H