S.B. 286
Senate Bill No. 286–Committee on Judiciary
(On Behalf of Advisory Commission on Sentencing)
March 7, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to certain committees that review issues pertaining to criminal justice. (BDR 14‑774)
FISCAL NOTE: Effect on Local Government: No.
~
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).
AN ACT relating to criminal justice; establishing the legislative committee on criminal justice; eliminating the advisory commission on sentencing, the advisory council for community notification and the advisory board on industrial programs and amending various provisions relating thereto; 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 176.0129 is hereby amended to read as follows:
1-2 176.0129 1. The department of administration shall, on an annual
1-3 basis, contract for the services of an independent contractor, in accordance
1-4 with the provisions of NRS 284.173, to:
1-5 [1.] (a) Review the sentences imposed in this state [and] ;
1-6 (b) Review the practices of the state board of parole commissioners ;
1-7 and [project]
1-8 (c) Project annually the number of persons who , during the 10 years
1-9 immediately following the date of the projection, will be:
1-10 [(a)] (1) In a facility or institution of the department of prisons;
1-11 [(b)] (2) On probation;
1-12 [(c)] (3) On parole; and
1-13 [(d)] (4) Serving a term of residential confinement . [,
1-14 during the 10 years immediately following the date of the projection; and
1-15 2. Review preliminary proposals and information provided by the
1-16 commission and project annually the number of persons who will be:
1-17 (a) In a facility or institution of the department of prisons;
1-18 (b) On probation;
1-19 (c) On parole; and
2-1 (d) Serving a term of residential confinement,
2-2 during the 10 years immediately following the date of the projection,
2-3 assuming the preliminary proposals were recommended by the commission
2-4 and enacted by the legislature.]
2-5 2. The department of prisons and the division shall provide the
2-6 independent contractor retained by the department of administration
2-7 pursuant to subsection 1 with any available statistical information
2-8 requested by the independent contractor for the purpose of performing
2-9 the projections required by subsection 1.
2-10 Sec. 2. NRS 179A.290 is hereby amended to read as follows:
2-11 179A.290 1. The director of the department shall establish within the
2-12 central repository a program to compile and analyze data concerning
2-13 offenders who commit sexual offenses. The program must be designed to:
2-14 (a) Provide statistical data relating to the recidivism of offenders who
2-15 commit sexual offenses; and
2-16 (b) Use the data provided by the division of child and family services of
2-17 the department of human resources pursuant to NRS 62.920 to:
2-18 (1) Provide statistical data relating to the recidivism of juvenile sex
2-19 offenders after they become adults; and
2-20 (2) Assess the effectiveness of programs for the treatment of juvenile
2-21 sex offenders.
2-22 2. The division of parole and probation of the department of motor
2-23 vehicles and public safety and the department of prisons shall assist the
2-24 director of the department of motor vehicles and public safety in obtaining
2-25 data and in carrying out the program.
2-26 3. The director of the department of motor vehicles and public safety
2-27 shall report the statistical data and findings from the program to[:
2-28 (a) The] the legislature at the beginning of each regular session.
2-29 [(b) The advisory commission on sentencing on or before January 31 of
2-30 each even-numbered year.]
2-31 4. The data acquired pursuant to this section is confidential and must
2-32 be used only for the purpose of research. The data and findings generated
2-33 pursuant to this section must not contain information that may reveal the
2-34 identity of a juvenile sex offender or the identity of an individual victim of
2-35 a crime.
2-36 Sec. 3. NRS 179D.030 is hereby amended to read as follows:
2-37 179D.030 “Community notification” means notification of a
2-38 community pursuant to the [guidelines and procedures established]
2-39 regulations adopted by the attorney general pursuant to NRS 179D.600 to
2-40 179D.800, inclusive.
2-41 Sec. 4. NRS 179D.450 is hereby amended to read as follows:
2-42 179D.450 1. If the division receives notice from a court pursuant to
2-43 NRS 176.0927 that a sex offender has been convicted of a sexual offense
2-44 or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to
2-45 be an adult sex offender, the division shall:
2-46 (a) If a record of registration has not previously been established for the
2-47 sex offender by the division, establish a record of registration for the sex
2-48 offender and forward the record of registration to the central repository; or
3-1 (b) If a record of registration has previously been established for the sex
3-2 offender by the division, update the record of registration for the sex
3-3 offender and forward the record of registration to the central repository.
3-4 2. If the sex offender named in the notice is granted probation or
3-5 otherwise will not be incarcerated or confined or if the sex offender named
3-6 in the notice has been deemed to be an adult sex offender pursuant to
3-7 NRS 62.590 and is not otherwise incarcerated or confined:
3-8 (a) The central repository shall immediately provide notification
3-9 concerning the sex offender to the appropriate local law enforcement
3-10 agencies and, if the sex offender resides in a jurisdiction which is outside
3-11 of this state, to the appropriate law enforcement agency in that jurisdiction;
3-12 and
3-13 (b) If the sex offender is subject to community notification, the division
3-14 shall arrange for the assessment of the risk of recidivism of the sex
3-15 offender pursuant to the [guidelines and procedures] regulations for
3-16 community notification [established] adopted by the attorney general
3-17 pursuant to NRS 179D.600 to 179D.800, inclusive.
3-18 3. If the sex offender named in the notice is incarcerated or confined,
3-19 before the sex offender is released:
3-20 (a) The division shall:
3-21 (1) Inform the sex offender of the requirements for registration,
3-22 including, but not limited to:
3-23 (I) The duty to register in this state during any period in which he
3-24 is a resident of this state or a nonresident who is a student or worker within
3-25 this state and the time within which he is required to register pursuant to
3-26 NRS 179D.460;
3-27 (II) The duty to register in any other jurisdiction during any period
3-28 in which he is a resident of the other jurisdiction or a nonresident who is a
3-29 student or worker within the other jurisdiction;
3-30 (III) If he moves from this state to another jurisdiction, the duty to
3-31 register with the appropriate law enforcement agency in the other
3-32 jurisdiction; and
3-33 (IV) The duty to notify the division, in writing, if he changes the
3-34 address at which he resides, including if he moves from this state to
3-35 another jurisdiction, or changes the primary address at which he is a
3-36 student or worker;
3-37 (2) Require the sex offender to read and sign a form confirming that
3-38 the requirements for registration have been explained to him;
3-39 (3) Update the record of registration for the sex offender and forward
3-40 the record of registration to the central repository; and
3-41 (4) If the sex offender is subject to community notification, arrange
3-42 for the assessment of the risk of recidivism of the sex offender pursuant to
3-43 the [guidelines and procedures] regulations for community notification
3-44 [established] adopted by the attorney general pursuant to NRS 179D.600 to
3-45 179D.800, inclusive; and
3-46 (b) The central repository shall provide notification concerning the sex
3-47 offender to the appropriate local law enforcement agencies and, if the sex
3-48 offender will reside upon release in a jurisdiction which is outside of this
3-49 state, to the appropriate law enforcement agency in that jurisdiction.
4-1 4. If requested by the division, the department of prisons or a local law
4-2 enforcement agency in whose facility the sex offender is incarcerated shall
4-3 provide the sex offender with the information and the confirmation form
4-4 required by paragraph (a) of subsection 3.
4-5 5. The failure to provide a sex offender with the information or
4-6 confirmation form required by paragraph (a) of subsection 3 does not affect
4-7 the duty of the sex offender to register and to comply with all other
4-8 provisions for registration.
4-9 6. If the central repository receives notice from another jurisdiction or
4-10 the Federal Bureau of Investigation that a sex offender is now residing or is
4-11 a student or worker within this state:
4-12 (a) The central repository shall immediately provide notification
4-13 concerning the sex offender to the division and to the appropriate local law
4-14 enforcement agencies;
4-15 (b) The division shall establish a record of registration for the sex
4-16 offender and forward the record of registration to the central repository;
4-17 and
4-18 (c) If the sex offender is subject to community notification, the division
4-19 shall arrange for the assessment of the risk of recidivism of the sex
4-20 offender pursuant to the [guidelines and procedures] regulations for
4-21 community notification [established] adopted by the attorney general
4-22 pursuant to NRS 179D.600 to 179D.800, inclusive.
4-23 Sec. 5. NRS 179D.460 is hereby amended to read as follows:
4-24 179D.460 1. In addition to any other registration that is required
4-25 pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or
4-26 has been convicted of a sexual offense shall register with a local law
4-27 enforcement agency and with the division pursuant to the provisions of this
4-28 section.
4-29 2. Except as otherwise provided in subsection 3, if the sex offender
4-30 resides or is present for 48 hours or more within:
4-31 (a) A county; or
4-32 (b) An
incorporated city that does not have a city police
department,
4-33 the sex offender shall be deemed a resident sex offender and shall register
4-34 with the sheriff’s office of the county or, if the county or the city is within
4-35 the jurisdiction of a metropolitan police department, the metropolitan
4-36 police department, not later than 48 hours after arriving or establishing a
4-37 residence within the county or the city.
4-38 3. If the sex offender resides or is present for 48 hours or more within
4-39 an incorporated city that has a city police department, the sex offender
4-40 shall be deemed a resident sex offender and shall register with the city
4-41 police department not later than 48 hours after arriving or establishing a
4-42 residence within the city.
4-43 4. If the sex offender is a nonresident sex offender who is a student or
4-44 worker within this state, the sex offender shall register with the appropriate
4-45 sheriff’s office, metropolitan police department or city police department in
4-46 whose jurisdiction he is a student or worker not later than 48 hours after
4-47 becoming a student or worker within this state.
5-1 5. To register with a local law enforcement agency pursuant to this
5-2 section, the sex offender shall:
5-3 (a) Appear personally at the office of the appropriate local law
5-4 enforcement agency;
5-5 (b) Provide all information that is requested by the local law
5-6 enforcement agency, including, but not limited to, fingerprints and a
5-7 photograph; and
5-8 (c) Sign and date the record of registration or some other proof of
5-9 registration in the presence of an officer of the local law enforcement
5-10 agency.
5-11 6. When a sex offender registers, the local law enforcement agency
5-12 shall:
5-13 (a) Inform the sex offender of the duty to register and the time within
5-14 which the sex offender is required to register with the division if he has not
5-15 previously done so;
5-16 (b) Inform the sex offender of the duty to notify the division if the sex
5-17 offender changes the address at which he resides, including if he moves
5-18 from this state to another jurisdiction, or changes the primary address at
5-19 which he is a student or worker; and
5-20 (c) Provide the sex offender with the appropriate address of the office of
5-21 the division at which the sex offender must register and provide
5-22 notification of each such change of address.
5-23 7. After the sex offender registers with the local law enforcement
5-24 agency:
5-25 (a) The local law enforcement agency shall notify the division of the
5-26 registration.
5-27 (b) If the sex offender has not previously registered with the division,
5-28 the sex offender shall, not later than 48 hours after registering with the
5-29 local law enforcement agency:
5-30 (1) Appear personally at the appropriate office of the division;
5-31 (2) Provide all information that is requested by the division,
5-32 including, but not limited to, fingerprints and a photograph; and
5-33 (3) Sign and date the record of registration in the presence of an
5-34 officer or employee of the division.
5-35 8. If the division has not previously established a record of registration
5-36 for a sex offender described in subsection 7:
5-37 (a) The division shall establish a record of registration for the sex
5-38 offender and forward the record of registration to the central repository;
5-39 (b) The central repository shall provide notification concerning the sex
5-40 offender to the appropriate local law enforcement agencies; and
5-41 (c) If the sex offender is subject to community notification and has not
5-42 otherwise been assigned a level of notification, the division shall arrange
5-43 for the assessment of the risk of recidivism of the sex offender pursuant to
5-44 the [guidelines and procedures] regulations for community notification
5-45 [established] adopted by the attorney general pursuant to NRS 179D.600 to
5-46 179D.800, inclusive.
5-47 Sec. 6. NRS 179D.710 is hereby amended to read as follows:
5-48 179D.710 1. The attorney general shall [consult with the advisory
5-49 council for community notification and shall establish guidelines and
6-1 procedures] adopt regulations for community notification pursuant to NRS
6-2 179D.600 to 179D.800, inclusive.
6-3 2. The [guidelines and procedures established] regulations adopted by
6-4 the attorney general must be designed to promote, to the extent practicable,
6-5 the uniform application of the provisions of NRS 179D.600 to 179D.800,
6-6 inclusive.
6-7 3. The provisions of NRS 179D.600 to 179D.800, inclusive, must not
6-8 be construed to prevent law enforcement officers from providing the public
6-9 with notification concerning persons who pose a threat to the safety of the
6-10 public.
6-11 Sec. 7. NRS 179D.720 is hereby amended to read as follows:
6-12 179D.720 1. Except as otherwise provided in subsection 5, the
6-13 attorney general shall [establish guidelines and procedures] adopt
6-14 regulations for assessing the risk of recidivism of each sex offender who
6-15 resides within this state and each nonresident sex offender who is a student
6-16 or worker within this state.
6-17 2. The [guidelines and procedures] regulations adopted must identify
6-18 and incorporate factors relevant to the risk of recidivism of the sex
6-19 offender, including, but not limited to:
6-20 (a) Conditions of release that minimize the risk of recidivism, including
6-21 probation or parole, counseling, therapy or treatment;
6-22 (b) Physical conditions that minimize the risk of recidivism, including
6-23 advanced age or debilitating illness; and
6-24 (c) Any criminal history of the sex offender indicative of a high risk of
6-25 recidivism, including, but not limited to:
6-26 (1) Whether the conduct of the sex offender was found to be
6-27 characterized by repetitive and compulsive behavior;
6-28 (2) Whether the sex offender committed the sexual offense against a
6-29 child;
6-30 (3) Whether the sexual offense involved the use of a weapon,
6-31 violence or infliction of serious bodily injury;
6-32 (4) The number, date and nature of prior offenses;
6-33 (5) Whether psychological or psychiatric profiles indicate a risk of
6-34 recidivism;
6-35 (6) The response of the sex offender to treatment;
6-36 (7) Any recent threats against a person or expressions of intent to
6-37 commit additional crimes; and
6-38 (8) Behavior while confined.
6-39 3. The assessment of the risk of recidivism of a sex offender may be
6-40 based upon information concerning the sex offender obtained from
6-41 agencies of this state and agencies from other jurisdictions.
6-42 4. Each person who is conducting the assessment must be given access
6-43 to all records of the sex offender that are necessary to conduct the
6-44 assessment, and the sex offender shall be deemed to have waived all rights
6-45 of confidentiality and all privileges relating to those records for the limited
6-46 purpose of the assessment.
6-47 5. The attorney general may provide in the [guidelines and procedures]
6-48 regulations for a provisional waiver of the assessment of the risk of
6-49 recidivism of any nonresident sex offender who is not likely to be a student
7-1 or worker within this state for more than 30 consecutive days and who is
7-2 not likely to pose a substantial threat to the safety of the public. If a
7-3 nonresident sex offender is granted such a provisional waiver, the
7-4 nonresident sex offender:
7-5 (a) Shall be deemed to be assigned provisionally a Tier 1 level of
7-6 notification; and
7-7 (b) May be assessed and assigned any other level of notification
7-8 pursuant to the provisions of NRS 179D.600 to 179D.800, inclusive, and
7-9 the [guidelines and procedures] regulations for community notification
7-10 [established] adopted by the attorney general if, at any time during the
7-11 period of the provisional waiver, there is any cause to believe that the
7-12 nonresident sex offender will be a student or worker within this state for an
7-13 extended period or that he poses a threat to the safety of the public.
7-14 Sec. 8. NRS 179D.730 is hereby amended to read as follows:
7-15 179D.730 1. Except as otherwise provided in this section, the
7-16 [guidelines and procedures] regulations for community notification
7-17 [established] adopted by the attorney general must provide for the
7-18 following levels of notification, depending upon the risk of recidivism of
7-19 the sex offender:
7-20 (a) If the risk of recidivism is low, the sex offender must be assigned a
7-21 Tier 1 level of notification, and the law enforcement agency in whose
7-22 jurisdiction the sex offender resides or is a student or worker shall notify
7-23 other law enforcement agencies that are likely to encounter the sex
7-24 offender.
7-25 (b) If the risk of recidivism is moderate, the sex offender must be
7-26 assigned a Tier 2 level of notification, and the law enforcement agency in
7-27 whose jurisdiction the sex offender resides or is a student or worker shall
7-28 provide notification pursuant to paragraph (a) and shall notify schools and
7-29 religious and youth organizations that are likely to encounter the sex
7-30 offender.
7-31 (c) If the risk of recidivism is high, the sex offender must be assigned a
7-32 Tier 3 level of notification, and the law enforcement agency in whose
7-33 jurisdiction the sex offender resides or is a student or worker shall provide
7-34 notification pursuant to paragraphs (a) and (b) and shall notify the public
7-35 through means designed to reach members of the public who are likely to
7-36 encounter the sex offender.
7-37 2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification
7-38 and the sex offender has committed a sexual offense against a person less
7-39 than 18 years of age, the law enforcement agency in whose jurisdiction the
7-40 sex offender resides or is a student or worker shall provide the appropriate
7-41 notification for Tier 2 or Tier 3 and, in addition, shall notify:
7-42 (a) Motion picture theaters, other than adult motion picture theaters,
7-43 which are likely to encounter the sex offender; and
7-44 (b) Businesses which are likely to encounter the sex offender and which
7-45 primarily have children as customers or conduct events that primarily
7-46 children attend. Notification pursuant to this subsection must include a
7-47 copy of a photograph of the sex offender. As used in paragraph (a), “adult
7-48 motion picture theater” has the meaning ascribed to it in NRS 278.0221.
8-1 3. If the sex offender has been declared to be a sexually violent
8-2 predator, the sex offender must be assigned a Tier 3 level of notification.
8-3 Sec. 9. NRS 179D.750 is hereby amended to read as follows:
8-4 179D.750 1. Except as otherwise provided in subsection 5 of
8-5 NRS 179D.720, if a sex offender has been assigned a level of notification
8-6 pursuant to NRS 179D.600 to 179D.800, inclusive, and the sex offender:
8-7 (a) Is convicted of an offense that poses a threat to the safety or well-
8-8 being of others;
8-9 (b) Annoys, harasses, threatens or intimidates a victim of one of his
8-10 sexual offenses; or
8-11 (c) Commits an overt act which is sexually motivated or involves the
8-12 use or threatened use of force or violence and which causes harm or creates
8-13 a reasonable apprehension of harm,
8-14 the level of notification assigned to the sex offender may be changed in
8-15 accordance with the [guidelines and procedures established] regulations
8-16 adopted by the attorney general pursuant to NRS 179D.600 to 179D.800,
8-17 inclusive.
8-18 2. As used in this section:
8-19 (a) “Sexual offense” includes, but is not limited to, a sexual offense
8-20 punishable as a misdemeanor or gross misdemeanor.
8-21 (b) “Sexually motivated” means that one of the purposes for which the
8-22 person committed the act was his sexual gratification.
8-23 Sec. 10. NRS 179D.770 is hereby amended to read as follows:
8-24 179D.770 The law enforcement agency in whose jurisdiction a sex
8-25 offender resides or is a student or worker shall disclose information
8-26 regarding the sex offender to the appropriate persons pursuant to the
8-27 [guidelines and procedures established] regulations adopted by the
8-28 attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
8-29 Sec. 11. NRS 179D.800 is hereby amended to read as follows:
8-30 179D.800 1. The attorney general shall [establish guidelines and
8-31 procedures] adopt regulations for community notification concerning
8-32 juvenile sex offenders who are subject to the provisions of NRS 62.500 to
8-33 62.600, inclusive. The [guidelines and procedures] regulations for
8-34 community notification concerning juvenile sex offenders must be, to the
8-35 extent practicable, consistent with the [guidelines and procedures]
8-36 regulations for community notification concerning adult sex offenders
8-37 [established] adopted by the attorney general pursuant to NRS 179D.600 to
8-38 179D.800, inclusive.
8-39 2. Upon receiving notification from a probation officer assigned to a
8-40 juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive, the
8-41 local law enforcement agency receiving the notification shall disclose
8-42 information regarding the juvenile sex offender to the appropriate persons
8-43 pursuant to the [guidelines and procedures established] regulations
8-44 adopted by the attorney general pursuant to NRS 179D.600 to 179D.800,
8-45 inclusive.
8-46 3. Each person who is conducting an assessment of the risk of
8-47 recidivism of a juvenile sex offender must be given access to all records of
8-48 the juvenile sex offender that are necessary to conduct the assessment,
8-49 including, but not limited to, records compiled pursuant to chapter 62 of
9-1 NRS, and the juvenile sex offender shall be deemed to have waived all
9-2 rights of confidentiality and all privileges relating to those records for the
9-3 limited purpose of the assessment.
9-4 Sec. 12. NRS 62.520 is hereby amended to read as follows:
9-5 62.520 “Community notification” means notification of a community
9-6 pursuant to the [guidelines and procedures established] regulations
9-7 adopted by the attorney general for juvenile sex offenders pursuant to
9-8 NRS 179D.800.
9-9 Sec. 13. NRS 62.570 is hereby amended to read as follows:
9-10 62.570 1. In addition to the options set forth in NRS 62.211 and
9-11 62.213 and in addition to any other requirements set forth in this chapter, if
9-12 a child is adjudicated delinquent for an act that, if committed by an adult,
9-13 would be a sexual offense, the court shall:
9-14 (a) Notify the attorney general of the adjudication, so the attorney
9-15 general may arrange for the assessment of the risk of recidivism of the
9-16 child pursuant to the [guidelines and procedures] regulations for
9-17 community notification;
9-18 (b) Place the child under the supervision of a probation officer until the
9-19 child reaches 21 years of age or is no longer subject to community
9-20 notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600,
9-21 inclusive;
9-22 (c) Inform the child and the parents or guardians of the child that the
9-23 child is subject to community notification as a juvenile sex offender and
9-24 may be subject to registration and community notification as an adult sex
9-25 offender pursuant to NRS 62.590; and
9-26 (d) Order the child, and the parents or guardians of the child during the
9-27 minority of the child, to inform the probation officer assigned to the child
9-28 of a change of the address at which the child resides not later than 48 hours
9-29 after the change of address.
9-30 2. The court may not terminate its jurisdiction concerning the child for
9-31 the purposes of carrying out the provisions of NRS 62.500 to 62.600,
9-32 inclusive, until the child reaches 21 years of age or is no longer subject to
9-33 community notification as a juvenile sex offender pursuant to NRS 62.500
9-34 to 62.600, inclusive.
9-35 Sec. 14. NRS 209.011 is hereby amended to read as follows:
9-36 209.011 As used in this chapter, unless the context otherwise requires,
9-37 the words and terms defined in NRS [209.015] 209.021 to 209.085,
9-38 inclusive, have the meanings ascribed to them in those sections.
9-39 Sec. 15. NRS 209.459 is hereby amended to read as follows:
9-40 209.459 The director shall , [present the recommendations of the
9-41 advisory board on industrial programs to the board of state prison
9-42 commissioners and,] with the approval of the board , [of state prison
9-43 commissioners,] establish and carry out a program for the employment of
9-44 offenders in services and manufacturing conducted by institutions of the
9-45 department or by private employers.
9-46 Sec. 16. Chapter 218 of NRS is hereby amended by adding thereto the
9-47 provisions set forth as sections 17 to 22, inclusive, of this act.
10-1 Sec. 17. As used in sections 17 to 22, inclusive, of this act, unless the
10-2 context otherwise requires, “committee” means the legislative committee
10-3 on criminal justice.
10-4 Sec. 18. 1. The legislative committee on criminal justice is hereby
10-5 created.
10-6 2. The committee consists of eight legislative members who must be
10-7 appointed as follows:
10-8 (a) The majority leader of the senate shall appoint one member from
10-9 the senate who served as a member of the senate standing committee on
10-10 judiciary during the immediately preceding session of the legislature and
10-11 three other members from the senate. Of the four members appointed to
10-12 the committee pursuant to this paragraph, at least one member must be a
10-13 member of the minority political party in the senate.
10-14 (b) The speaker of the assembly shall appoint one member from the
10-15 assembly who served as a member of the assembly standing committee on
10-16 judiciary during the immediately preceding session of the legislature and
10-17 three other members from the assembly. Of the four members appointed
10-18 to the committee pursuant to this paragraph, at least one member must
10-19 be a member of the minority political party in the assembly.
10-20 3. The committee shall consult with an advisory committee consisting
10-21 of nine members who are appointed for terms of 2 years commencing on
10-22 July 1 of each odd-numbered year as follows:
10-23 (a) One member who is a district judge, appointed by the governing
10-24 body of the Nevada District Judges’ Association;
10-25 (b) One member who is a district attorney, appointed by the governing
10-26 body of the Nevada District Attorneys’ Association;
10-27 (c) One member who is an attorney in private practice, experienced in
10-28 defending criminal actions, appointed by the governing body of the State
10-29 Bar of Nevada;
10-30 (d) One member who is a representative of a law enforcement agency,
10-31 appointed by the governor;
10-32 (e) One member who is a representative of the division of parole and
10-33 probation of the department of motor vehicles and public safety,
10-34 appointed by the chief parole and probation officer;
10-35 (f) One member who has been a victim of a crime or is a
10-36 representative of an organization supporting the rights of victims of
10-37 crime, appointed by the governor;
10-38 (g) One member who is a county commissioner, appointed by the
10-39 governing body of the Nevada Association of Counties;
10-40 (h) One member who is a representative of the department of prisons,
10-41 appointed by the director of the department; and
10-42 (i) One member who is a representative of the central repository for
10-43 Nevada records of criminal history, appointed by the director of the
10-44 department of motor vehicles and public safety.
10-45 The members of the advisory committee are nonvoting members of the
10-46 committee. When meeting as the advisory committee, the members shall
10-47 comply with the provisions of chapter 241 of NRS.
10-48 4. The legislative members of the committee shall elect a chairman
10-49 from one house of the legislature and a vice chairman from the other
11-1 house. Each chairman and vice chairman holds office for a term of 2
11-2 years commencing on July 1 of each odd-numbered year.
11-3 5. Any member of the committee who is not a candidate for
11-4 reelection or who is defeated for reelection continues to serve until the
11-5 next session of the legislature convenes.
11-6 6. Vacancies on the committee must be filled in the same manner as
11-7 original appointments.
11-8 7. The committee shall report annually to the legislative commission
11-9 concerning its activities and any recommendations.
11-10 Sec. 19. 1. The members of the committee shall meet throughout
11-11 each year at the times and places specified by a call of the chairman or a
11-12 majority of the committee.
11-13 2. The research director of the legislative counsel bureau or a person
11-14 he designates shall act as the nonvoting recording secretary.
11-15 3. The committee shall prescribe regulations for its own management
11-16 and government.
11-17 4. Except as otherwise provided in subsection 5, five voting members
11-18 of the committee constitute a quorum.
11-19 5. Any recommended legislation proposed by the committee must be
11-20 approved by a majority of the members of the senate and by a majority of
11-21 the members of the assembly appointed to the committee.
11-22 6. Each legislative member of the committee, except during a regular
11-23 or special session of the legislature, and any member of the advisory
11-24 committee who is not employed by a local government, is entitled to
11-25 receive the compensation provided for a majority of the members of the
11-26 legislature during the first 60 days of the preceding regular session for
11-27 each day or portion of a day during which he attends a meeting of the
11-28 committee or is otherwise engaged in the business of the committee plus
11-29 the per diem allowance provided for state officers and employees
11-30 generally and the travel expenses provided pursuant to NRS 218.2207.
11-31 The salaries and expenses paid pursuant to this subsection and the
11-32 expenses of the committee must be paid from the legislative fund.
11-33 7. A local government that employs a member of the advisory
11-34 committee shall pay the regular salary, per diem allowance and travel
11-35 expenses of that member for each day or portion of a day during which
11-36 he attends a meeting of the committee or is otherwise engaged in the
11-37 business of the committee.
11-38 Sec. 20. 1. The committee shall research, investigate, evaluate,
11-39 review and comment upon issues related to criminal justice within this
11-40 state.
11-41 2. In carrying out its functions and duties, the committee may:
11-42 (a) Conduct investigations and hold hearings.
11-43 (b) Request that the legislative counsel bureau assist in any research,
11-44 investigation, evaluation, hearing or review conducted by the committee.
11-45 (c) Make recommendations concerning the manner in which the
11-46 system of criminal justice is administered within this state and provide
11-47 those recommendations to governing bodies, agencies, officers,
11-48 employees and instrumentalities of federal, state or local government and
12-1 to any other person who is concerned with criminal justice within this
12-2 state.
12-3 (d) Recommend to the legislature any appropriate legislation
12-4 concerning criminal justice or any matter that affects criminal justice
12-5 within this state.
12-6 Sec. 21. 1. If the committee conducts investigations or holds
12-7 hearings in carrying out its functions and duties:
12-8 (a) The secretary of the committee or, in his absence, a member
12-9 designated by the committee, may administer oaths.
12-10 (b) The secretary or chairman of the committee may cause the
12-11 deposition of witnesses, residing within or outside of this state, to be
12-12 taken in the manner prescribed by rule of court for taking depositions in
12-13 civil actions in the district courts.
12-14 (c) The chairman of the committee may issue subpoenas to compel the
12-15 attendance of witnesses and the production of books and papers.
12-16 2. If a witness refuses to attend or testify or produce books or papers
12-17 as required by the subpoena, the chairman of the committee may report
12-18 to the district court by a petition which sets forth that:
12-19 (a) Due notice has been given of the time and place of attendance of
12-20 the witness or the production of the books or papers;
12-21 (b) The witness has been subpoenaed by the committee pursuant to
12-22 this section; and
12-23 (c) The witness has failed or refused to attend or produce the books or
12-24 papers required by the subpoena before the committee that is named in
12-25 the subpoena, or has refused to answer questions propounded to him.
12-26 The petition may request an order of the court compelling the witness to
12-27 attend and testify or produce the books and papers before the committee.
12-28 3. Upon such a petition, the court shall enter an order directing the
12-29 witness to appear before the court at a time and place to be fixed by the
12-30 court in its order, the time to be not more than 10 days after the date of
12-31 the order, and to show cause why he has not attended or testified or
12-32 produced the books or papers before the committee. A certified copy of
12-33 the order must be served upon the witness.
12-34 4. If it appears to the court that the subpoena was regularly issued by
12-35 the committee, the court shall enter an order that the witness appear
12-36 before the committee at the time and place fixed in the order and testify
12-37 or produce the required books or papers. Failure to obey the order
12-38 constitutes contempt of court.
12-39 Sec. 22. Each witness who appears before the committee by its
12-40 order, except a state officer or employee, is entitled to receive for his
12-41 attendance the fees and mileage provided for witnesses in civil cases in
12-42 the courts of record of this state. The fees and mileage must be audited
12-43 and paid upon the presentation of proper claims sworn to by the witness
12-44 and approved by the secretary and chairman of the committee.
12-45 Sec. 23. NRS 176.0121, 176.0123, 176.0125, 176.0127, 179D.700,
12-46 209.015, 209.4813 and 209.4814 are hereby repealed.
12-47 Sec. 24. The attorney general shall, not later than January 1, 2002,
12-48 adopt regulations for community notification pursuant to NRS 179D.600 to
12-49 179D.800, inclusive. The guidelines and procedures for community
13-1 notification established by the attorney general shall be deemed to be
13-2 effective until the regulations for community notification adopted by the
13-3 attorney general become effective.
13-4 Sec. 25. This act becomes effective on July 1, 2001.
13-5 LEADLINES OF REPEALED SECTIONS
13-6 176.0121 “Commission” defined.
13-7 176.0123 Creation; members and appointing authorities;
13-8 chairman; terms; vacancies; salaries and per diem.
13-9 176.0125 Duties of commission.
13-10 176.0127 Department of prisons and division of parole and
13-11 probation to provide information to and assist commission.
13-12 179D.700 Advisory council for community notification; creation;
13-13 members; vacancies; recommendations concerning notification.
13-14 209.015 “Advisory board” defined.
13-15 209.4813 Advisory board on industrial programs: Creation;
13-16 members; chairman; term of appointed members; payment of
13-17 compensation, allowances and travel expenses.
13-18 209.4814 Advisory board on industrial programs: Duties.
13-19 H