(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                             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 criminal justice; establishing the legislative committee on criminal justice; eliminating the advisory commission on sentencing 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

1-20    (d) Serving a term of residential confinement,

2-1  during the 10 years immediately following the date of the projection,

2-2  assuming the preliminary proposals were recommended by the commission

2-3  and enacted by the legislature.]

2-4    2.  The department of prisons and the division shall provide the

2-5  independent contractor retained by the department of administration

2-6  pursuant to subsection 1 with any available statistical information

2-7  requested by the independent contractor for the purpose of performing

2-8  the projections required by subsection 1.

2-9    Sec. 2.  NRS 179A.290 is hereby amended to read as follows:

2-10    179A.290  1.  The director of the department shall establish within the

2-11  central repository a program to compile and analyze data concerning

2-12  offenders who commit sexual offenses. The program must be designed to:

2-13    (a) Provide statistical data relating to the recidivism of offenders who

2-14  commit sexual offenses; and

2-15    (b) Use the data provided by the division of child and family services of

2-16  the department of human resources pursuant to NRS 62.920 to:

2-17      (1) Provide statistical data relating to the recidivism of juvenile sex

2-18  offenders after they become adults; and

2-19      (2) Assess the effectiveness of programs for the treatment of juvenile

2-20  sex offenders.

2-21    2.  The division of parole and probation of the department of motor

2-22  vehicles and public safety and the department of prisons shall assist the

2-23  director of the department of motor vehicles and public safety in obtaining

2-24  data and in carrying out the program.

2-25    3.  The director of the department of motor vehicles and public safety

2-26  shall report the statistical data and findings from the program to[:

2-27    (a) The] the legislature at the beginning of each regular session.

2-28    [(b) The advisory commission on sentencing on or before January 31 of

2-29  each even-numbered year.]

2-30    4.  The data acquired pursuant to this section is confidential and must

2-31  be used only for the purpose of research. The data and findings generated

2-32  pursuant to this section must not contain information that may reveal the

2-33  identity of a juvenile sex offender or the identity of an individual victim of

2-34  a crime.

2-35    Sec. 3.  Chapter 218 of NRS is hereby amended by adding thereto the

2-36  provisions set forth as sections 4 to 9, inclusive, of this act.

2-37    Sec. 4.  As used in sections 4 to 9, inclusive, of this act, unless the

2-38  context otherwise requires, “committee” means the legislative committee

2-39  on criminal justice.

2-40    Sec. 5.  1.  The legislative committee on criminal justice is hereby

2-41  created.

2-42    2.  The committee consists of eight legislative members who must be

2-43  appointed as follows:

2-44    (a) The majority leader of the senate shall appoint one member from

2-45  the senate who served as a member of the senate standing committee on

2-46  judiciary during the immediately preceding session of the legislature and

2-47  two other members from the senate.

2-48    (b) The minority leader of the senate shall appoint one member from

2-49  the senate.

3-1    (c) The speaker of the assembly shall appoint one member from the

3-2  assembly who served as a member of the assembly standing committee on

3-3  judiciary during the immediately preceding session of the legislature and

3-4  two other members from the assembly.

3-5    (d) The minority leader of the assembly shall appoint one member

3-6  from the assembly.

3-7    3.  The committee shall consult with an advisory committee consisting

3-8  of 13 members who are appointed for terms of 2 years commencing on

3-9  July 1 of each odd-numbered year as follows:

3-10    (a) Two members who are district judges, appointed by the governing

3-11  body of the Nevada District Judges’ Association. One of the district

3-12  judges appointed pursuant to this paragraph must be a judge of the

3-13  juvenile court.

3-14    (b) One member who is a district attorney, appointed by the governing

3-15  body of the Nevada District Attorneys’ Association.

3-16    (c) One member who is a public defender, appointed by the governor.

3-17    (d) One member who is an attorney in private practice, experienced in

3-18  defending criminal actions, appointed by the governing body of the State

3-19  Bar of Nevada.

3-20    (e) One member who is a representative of a law enforcement agency,

3-21  appointed by the governor.

3-22    (f) One member who is a representative of the division of parole and

3-23  probation of the department of motor vehicles and public safety,

3-24  appointed by the chief parole and probation officer.

3-25    (g) One member who has been a victim of a crime or is a

3-26  representative of an organization supporting the rights of victims of

3-27  crime, appointed by the governor.

3-28    (h) One member who is a county commissioner, appointed by the

3-29  governing body of the Nevada Association of Counties.

3-30    (i) One member who is a representative of the department of prisons,

3-31  appointed by the director of the department.

3-32    (j) One member who is a representative of the central repository for

3-33  Nevada records of criminal history, appointed by the director of the

3-34  department of motor vehicles and public safety.

3-35    (k) One member who is a representative of the youth parole bureau of

3-36  the division of child and family services in the department of human

3-37  resources, appointed by the administrator of the division.

3-38    (l) One member who is a member of the general public, appointed by

3-39  the governor.

3-40  The members of the advisory committee are nonvoting members of the

3-41  committee. When meeting as the advisory committee, the members shall

3-42  comply with the provisions of chapter 241 of NRS.

3-43    4.  The legislative members of the committee shall elect a chairman

3-44  from one house of the legislature and a vice chairman from the other

3-45  house. Each chairman and vice chairman holds office for a term of 2

3-46  years commencing on July 1 of each odd-numbered year.

3-47    5.  Any member of the committee who is not a candidate for

3-48  reelection or who is defeated for reelection continues to serve until the

3-49  next session of the legislature convenes.

4-1    6.  Vacancies on the committee must be filled in the same manner as

4-2  original appointments.

4-3    7.  The committee shall report annually to the legislative commission

4-4  concerning its activities and any recommendations.

4-5    Sec. 6.  1.  The members of the committee shall meet throughout the

4-6  year at the times and places specified by a call of the chairman or a

4-7  majority of the committee.

4-8    2.  The research director of the legislative counsel bureau or a person

4-9  he designates shall act as the nonvoting recording secretary.

4-10    3.  The committee shall prescribe regulations for its own management

4-11  and government.

4-12    4.  Except as otherwise provided in subsection 5, five voting members

4-13  of the committee constitute a quorum, and a quorum may exercise all the

4-14  power and authority conferred on the committee.

4-15    5.  Any recommended legislation proposed by the committee must be

4-16  approved by a majority of the members of the senate and by a majority of

4-17  the members of the assembly appointed to the committee.

4-18    6.  Each legislative member of the committee, except during a regular

4-19  or special session of the legislature, and any member of the advisory

4-20  committee who is not employed by the State of Nevada or by a local

4-21  government, is entitled to receive the compensation provided for a

4-22  majority of the members of the legislature during the first 60 days of the

4-23  preceding regular session for each day or portion of a day during which

4-24  he attends a meeting of the committee or is otherwise engaged in the

4-25  business of the committee plus the per diem allowance provided for state

4-26  officers and employees generally and the travel expenses provided

4-27  pursuant to NRS 218.2207. The salaries and expenses paid pursuant to

4-28  this subsection and the expenses of the committee must be paid from the

4-29  legislative fund.

4-30    7.  A local government that employs a member of the advisory

4-31  committee shall pay the regular salary, per diem allowance and travel

4-32  expenses of that member for each day or portion of a day during which

4-33  he attends a meeting of the committee or is otherwise engaged in the

4-34  business of the committee.

4-35    Sec. 7.  1.  The committee shall research, investigate, evaluate,

4-36  review and comment upon issues related to criminal justice within this

4-37  state. Those issues may include, without limitation, any policies, practices

4-38  or procedures concerning adult or juvenile offenders.

4-39    2.  In carrying out its functions and duties, the committee may:

4-40    (a) Conduct investigations and hold hearings.

4-41    (b) Request that the legislative counsel bureau assist in any research,

4-42  investigation, evaluation, hearing or review conducted by the committee.

4-43    (c) Make recommendations concerning the manner in which the

4-44  system of criminal justice is administered within this state and provide

4-45  those recommendations to governing bodies, agencies, officers,

4-46  employees and instrumentalities of federal, state or local government and

4-47  to any other person who is concerned with criminal justice within this

4-48  state.

5-1    (d) Recommend to the legislature any appropriate legislation

5-2  concerning criminal justice or any matter that affects criminal justice

5-3  within this state.

5-4    Sec. 8.  1.  If the committee conducts investigations or holds

5-5  hearings in carrying out its functions and duties:

5-6    (a) The secretary of the committee or, in his absence, a member

5-7  designated by the committee, may administer oaths.

5-8    (b) The secretary or chairman of the committee may cause the

5-9  deposition of witnesses, residing within or outside of this state, to be

5-10  taken in the manner prescribed by rule of court for taking depositions in

5-11  civil actions in the district courts.

5-12    (c) The chairman of the committee may issue subpoenas to compel the

5-13  attendance of witnesses and the production of books and papers.

5-14    2.  If a witness refuses to attend or testify or produce books or papers

5-15  as required by the subpoena, the chairman of the committee may report

5-16  to the district court by a petition which sets forth that:

5-17    (a) Due notice has been given of the time and place of attendance of

5-18  the witness or the production of the books or papers;

5-19    (b) The witness has been subpoenaed by the committee pursuant to

5-20  this section; and

5-21    (c) The witness has failed or refused to attend or produce the books or

5-22  papers required by the subpoena before the committee that is named in

5-23  the subpoena, or has refused to answer questions propounded to him.

5-24  The petition may request an order of the court compelling the witness to

5-25  attend and testify or produce the books and papers before the committee.

5-26    3.  Upon such a petition, the court shall enter an order directing the

5-27  witness to appear before the court at a time and place to be fixed by the

5-28  court in its order, the time to be not more than 10 days after the date of

5-29  the order, and to show cause why he has not attended or testified or

5-30  produced the books or papers before the committee. A certified copy of

5-31  the order must be served upon the witness.

5-32    4.  If it appears to the court that the subpoena was regularly issued by

5-33  the committee, the court shall enter an order that the witness appear

5-34  before the committee at the time and place fixed in the order and testify

5-35  or produce the required books or papers. Failure to obey the order

5-36  constitutes contempt of court.

5-37    Sec. 9.  Each witness who appears before the committee by its order,

5-38  except a state officer or employee, is entitled to receive for his attendance

5-39  the fees and mileage provided for witnesses in civil cases in the courts of

5-40  record of this state. The fees and mileage must be audited and paid upon

5-41  the presentation of proper claims sworn to by the witness and approved

5-42  by the secretary and chairman of the committee.

5-43  Sec. 10.  NRS 176.0121, 176.0123, 176.0125 and 176.0127 are hereby

5-44  repealed.

5-45    Sec. 11.  This act becomes effective on July 1, 2001.

 

6-1  LEADLINES OF REPEALED SECTIONS

 

6-2     176.0121  “Commission” defined.

6-3     176.0123  Creation; members and appointing authorities;

6-4   chairman; terms; vacancies; salaries and per diem.

6-5     176.0125  Duties of commission.

6-6     176.0127  Department of prisons and division of parole and

6-7   probation to provide information to and assist commission.

 

6-8  H