(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT 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 board for the Nevada task force for technological crime, 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;
2-1 (c) On parole; and
2-2 (d) Serving a term of residential confinement,
2-3 during the 10 years immediately following the date of the projection,
2-4 assuming the preliminary proposals were recommended by the commission
2-5 and enacted by the legislature.]
2-6 2. The department of prisons and the division shall provide the
2-7 independent contractor retained by the department of administration
2-8 pursuant to subsection 1 with any available statistical information
2-9 requested by the independent contractor for the purpose of performing
2-10 the projections required by subsection 1.
2-11 Sec. 2. NRS 179A.290 is hereby amended to read as follows:
2-12 179A.290 1. The director of the department shall establish within the
2-13 central repository a program to compile and analyze data concerning
2-14 offenders who commit sexual offenses. The program must be designed to:
2-15 (a) Provide statistical data relating to the recidivism of offenders who
2-16 commit sexual offenses; and
2-17 (b) Use the data provided by the division of child and family services of
2-18 the department of human resources pursuant to NRS 62.920 to:
2-19 (1) Provide statistical data relating to the recidivism of juvenile sex
2-20 offenders after they become adults; and
2-21 (2) Assess the effectiveness of programs for the treatment of juvenile
2-22 sex offenders.
2-23 2. The division of parole and probation of the department of motor
2-24 vehicles and public safety and the department of prisons shall assist the
2-25 director of the department of motor vehicles and public safety in obtaining
2-26 data and in carrying out the program.
2-27 3. The director of the department of motor vehicles and public safety
2-28 shall report the statistical data and findings from the program to[:
2-29 (a) The] the legislature at the beginning of each regular session.
2-30 [(b) The advisory commission on sentencing on or before January 31 of
2-31 each even-numbered year.]
2-32 4. The data acquired pursuant to this section is confidential and must
2-33 be used only for the purpose of research. The data and findings generated
2-34 pursuant to this section must not contain information that may reveal the
2-35 identity of a juvenile sex offender or the identity of an individual victim of
2-36 a crime.
2-37 Sec. 3. NRS 179D.030 is hereby amended to read as follows:
2-38 179D.030 “Community notification” means notification of a
2-39 community pursuant to the [guidelines and procedures established]
2-40 regulations adopted by the attorney general pursuant to NRS 179D.600 to
2-41 179D.800, inclusive.
2-42 Sec. 4. NRS 179D.450 is hereby amended to read as follows:
2-43 179D.450 1. If the division receives notice from a court pursuant to
2-44 NRS 176.0927 that a sex offender has been convicted of a sexual offense
2-45 or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to
2-46 be an adult sex offender, the division shall:
2-47 (a) If a record of registration has not previously been established for the
2-48 sex offender by the division, establish a record of registration for the sex
2-49 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.
10-1 Sec. 16. Chapter 218 of NRS is hereby amended by adding thereto the
10-2 provisions set forth as sections 17 to 22, inclusive, of this act.
10-3 Sec. 17. As used in sections 17 to 22, inclusive, of this act, unless the
10-4 context otherwise requires, “committee” means the legislative committee
10-5 on criminal justice.
10-6 Sec. 18. 1. The legislative committee on criminal justice is hereby
10-7 created.
10-8 2. The committee consists of eight legislative members who must be
10-9 appointed as follows:
10-10 (a) The majority leader of the senate shall appoint one member from
10-11 the senate who served as a member of the senate standing committee on
10-12 judiciary during the immediately preceding session of the legislature and
10-13 two other members from the senate.
10-14 (b) The minority leader of the senate shall appoint one member from
10-15 the senate.
10-16 (c) The speaker of the assembly shall appoint one member from the
10-17 assembly who served as a member of the assembly standing committee on
10-18 judiciary during the immediately preceding session of the legislature and
10-19 two other members from the assembly.
10-20 (d) The minority leader of the assembly shall appoint one member
10-21 from the assembly.
10-22 3. The committee shall consult with an advisory committee consisting
10-23 of 13 members who are appointed for terms of 2 years commencing on
10-24 July 1 of each odd-numbered year as follows:
10-25 (a) Two members who are district judges, appointed by the governing
10-26 body of the Nevada District Judges’ Association. One of the district
10-27 judges appointed pursuant to this paragraph must be a judge of the
10-28 juvenile court.
10-29 (b) One member who is a district attorney, appointed by the governing
10-30 body of the Nevada District Attorneys’ Association.
10-31 (c) One member who is a public defender, appointed by the governor.
10-32 (d) One member who is an attorney in private practice, experienced in
10-33 defending criminal actions, appointed by the governing body of the State
10-34 Bar of Nevada.
10-35 (e) One member who is a representative of a law enforcement agency,
10-36 appointed by the governor.
10-37 (f) One member who is a representative of the division of parole and
10-38 probation of the department of motor vehicles and public safety,
10-39 appointed by the chief parole and probation officer.
10-40 (g) One member who has been a victim of a crime or is a
10-41 representative of an organization supporting the rights of victims of
10-42 crime, appointed by the governor.
10-43 (h) One member who is a county commissioner, appointed by the
10-44 governing body of the Nevada Association of Counties.
10-45 (i) One member who is a representative of the department of prisons,
10-46 appointed by the director of the department.
10-47 (j) One member who is a representative of the central repository for
10-48 Nevada records of criminal history, appointed by the director of the
10-49 department of motor vehicles and public safety.
11-1 (k) One member who is a representative of the youth parole bureau of
11-2 the division of child and family services in the department of human
11-3 resources, appointed by the administrator of the division.
11-4 (l) One member who is a member of the general public, appointed by
11-5 the governor.
11-6 The members of the advisory committee are nonvoting members of the
11-7 committee. When meeting as the advisory committee, the members shall
11-8 comply with the provisions of chapter 241 of NRS.
11-9 4. The legislative members of the committee shall elect a chairman
11-10 from one house of the legislature and a vice chairman from the other
11-11 house. Each chairman and vice chairman holds office for a term of 2
11-12 years commencing on July 1 of each odd-numbered year.
11-13 5. Any member of the committee who is not a candidate for
11-14 reelection or who is defeated for reelection continues to serve until the
11-15 next session of the legislature convenes.
11-16 6. Vacancies on the committee must be filled in the same manner as
11-17 original appointments.
11-18 7. The committee shall report annually to the legislative commission
11-19 concerning its activities and any recommendations.
11-20 Sec. 19. 1. The members of the committee shall meet throughout
11-21 the year at the times and places specified by a call of the chairman or a
11-22 majority of the committee.
11-23 2. The research director of the legislative counsel bureau or a person
11-24 he designates shall act as the nonvoting recording secretary.
11-25 3. The committee shall prescribe regulations for its own management
11-26 and government.
11-27 4. Except as otherwise provided in subsection 5, five voting members
11-28 of the committee constitute a quorum, and a quorum may exercise all the
11-29 power and authority conferred on the committee.
11-30 5. Any recommended legislation proposed by the committee must be
11-31 approved by a majority of the members of the senate and by a majority of
11-32 the members of the assembly appointed to the committee.
11-33 6. Each legislative member of the committee, except during a regular
11-34 or special session of the legislature, and any member of the advisory
11-35 committee who is not employed by the State of Nevada or by a local
11-36 government, is entitled to receive the compensation provided for a
11-37 majority of the members of the legislature during the first 60 days of the
11-38 preceding regular session for each day or portion of a day during which
11-39 he attends a meeting of the committee or is otherwise engaged in the
11-40 business of the committee plus the per diem allowance provided for state
11-41 officers and employees generally and the travel expenses provided
11-42 pursuant to NRS 218.2207. The salaries and expenses paid pursuant to
11-43 this subsection and the expenses of the committee must be paid from the
11-44 legislative fund.
11-45 7. A local government that employs a member of the advisory
11-46 committee shall pay the regular salary, per diem allowance and travel
11-47 expenses of that member for each day or portion of a day during which
11-48 he attends a meeting of the committee or is otherwise engaged in the
11-49 business of the committee.
12-1 Sec. 20. 1. The committee shall research, investigate, evaluate,
12-2 review and comment upon issues related to criminal justice within this
12-3 state. Those issues may include, without limitation, any policies, practices
12-4 or procedures concerning adult or juvenile offenders.
12-5 2. In carrying out its functions and duties, the committee may:
12-6 (a) Conduct investigations and hold hearings.
12-7 (b) Request that the legislative counsel bureau assist in any research,
12-8 investigation, evaluation, hearing or review conducted by the committee.
12-9 (c) Make recommendations concerning the manner in which the
12-10 system of criminal justice is administered within this state and provide
12-11 those recommendations to governing bodies, agencies, officers,
12-12 employees and instrumentalities of federal, state or local government and
12-13 to any other person who is concerned with criminal justice within this
12-14 state.
12-15 (d) Recommend to the legislature any appropriate legislation
12-16 concerning criminal justice or any matter that affects criminal justice
12-17 within this state.
12-18 Sec. 21. 1. If the committee conducts investigations or holds
12-19 hearings in carrying out its functions and duties:
12-20 (a) The secretary of the committee or, in his absence, a member
12-21 designated by the committee, may administer oaths.
12-22 (b) The secretary or chairman of the committee may cause the
12-23 deposition of witnesses, residing within or outside of this state, to be
12-24 taken in the manner prescribed by rule of court for taking depositions in
12-25 civil actions in the district courts.
12-26 (c) The chairman of the committee may issue subpoenas to compel the
12-27 attendance of witnesses and the production of books and papers.
12-28 2. If a witness refuses to attend or testify or produce books or papers
12-29 as required by the subpoena, the chairman of the committee may report
12-30 to the district court by a petition which sets forth that:
12-31 (a) Due notice has been given of the time and place of attendance of
12-32 the witness or the production of the books or papers;
12-33 (b) The witness has been subpoenaed by the committee pursuant to
12-34 this section; and
12-35 (c) The witness has failed or refused to attend or produce the books or
12-36 papers required by the subpoena before the committee that is named in
12-37 the subpoena, or has refused to answer questions propounded to him.
12-38 The petition may request an order of the court compelling the witness to
12-39 attend and testify or produce the books and papers before the committee.
12-40 3. Upon such a petition, the court shall enter an order directing the
12-41 witness to appear before the court at a time and place to be fixed by the
12-42 court in its order, the time to be not more than 10 days after the date of
12-43 the order, and to show cause why he has not attended or testified or
12-44 produced the books or papers before the committee. A certified copy of
12-45 the order must be served upon the witness.
12-46 4. If it appears to the court that the subpoena was regularly issued by
12-47 the committee, the court shall enter an order that the witness appear
12-48 before the committee at the time and place fixed in the order and testify
13-1 or produce the required books or papers. Failure to obey the order
13-2 constitutes contempt of court.
13-3 Sec. 22. Each witness who appears before the committee by its
13-4 order, except a state officer or employee, is entitled to receive for his
13-5 attendance the fees and mileage provided for witnesses in civil cases in
13-6 the courts of record of this state. The fees and mileage must be audited
13-7 and paid upon the presentation of proper claims sworn to by the witness
13-8 and approved by the secretary and chairman of the committee.
13-9 Sec. 23. NRS 176.0121, 176.0123, 176.0125, 176.0127, 179D.700,
13-10 205A.010, 205A.020, 205A.030, 205A.040, 205A.050, 205A.060,
13-11 205A.070, 205A.080, 205A.090, 205A.100, 209.015, 209.4813 and
13-12 209.4814 are hereby repealed.
13-13 Sec. 24. The attorney general shall, not later than January 1, 2002,
13-14 adopt regulations for community notification pursuant to NRS 179D.600 to
13-15 179D.800, inclusive. The guidelines and procedures for community
13-16 notification established by the attorney general shall be deemed to be
13-17 effective until the regulations for community notification adopted by the
13-18 attorney general become effective.
13-19 Sec. 25. Any money remaining in the account for the advisory board
13-20 for the Nevada task force for technological crime created pursuant to NRS
13-21 205A.090 on July 1, 2001, reverts to the state general fund on July 1, 2001.
13-22 Sec. 26. This act becomes effective on July 1, 2001.
13-23 LEADLINES OF REPEALED SECTIONS
13-24 176.0121 “Commission” defined.
13-25 176.0123 Creation; members and appointing authorities;
13-26 chairman; terms; vacancies; salaries and per diem.
13-27 176.0125 Duties of commission.
13-28 176.0127 Department of prisons and division of parole and
13-29 probation to provide information to and assist commission.
13-30 179D.700 Advisory council for community notification; creation;
13-31 members; vacancies; recommendations concerning notification.
13-32 205A.010 Definitions.
13-33 205A.020 “Board” defined.
13-34 205A.030 “Technological crime” defined.
13-35 205A.040 Creation; membership; terms of members; election of
13-36 chairman and vice chairman; vacancies; members serve without
13-37 compensation; members holding public office or employed by
13-38 governmental entity.
13-39 205A.050 Meetings; designation of representative; quorum; effect
13-40 of membership upon holding public office or public employment.
13-41 205A.060 General duties of board.
13-42 205A.070 Executive director: Appointment; bond to establish
13-43 qualifications, powers and duties.
13-44 205A.080 Appointment of full-time secretary.
14-1 205A.090 Account for advisory board for Nevada task force for
14-2 technological crime: Creation; use.
14-3 205A.100 Gifts, grants, appropriations or donations; deposit of
14-4 money in designated account.
14-5 209.015 “Advisory board” defined.
14-6 209.4813 Advisory board on industrial programs: Creation;
14-7 members; chairman; term of appointed members; payment of
14-8 compensation, allowances and travel expenses.
14-9 209.4814 Advisory board on industrial programs: Duties.
14-10 H