S.B. 519
Senate Bill No. 519–Committee on Finance
March 26, 2001
____________
Referred to Committee on Finance
SUMMARY—Provides for establishment of programs for re-entry into community of certain prisoners and parolees. (BDR 16‑1477)
FISCAL NOTE: Effect on Local Government: No.
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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 offenders; providing that certain prisoners may be assigned to the custody of the division of parole and probation of the department of motor vehicles and public safety to participate in a program for re-entry into the community; providing that certain parolees may be ordered to participate in a program for re-entry into the community; providing for the sealing of records of certain prisoners and parolees who successfully complete the program for re-entry; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 209 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.
1-3 Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the
1-4 context otherwise requires, the words and terms defined in sections 3, 4
1-5 and 5 of this act have the meanings ascribed to them in those sections.
1-6 Sec. 3. “Division” means the division of parole and probation of the
1-7 department of motor vehicles and public safety.
1-8 Sec. 4. “Program” means a program for re-entry of prisoners and
1-9 parolees into the community that is established in a judicial district
1-10 pursuant to section 6 of this act.
1-11 Sec. 5. “Re-entry court” means the court in a judicial district that
1-12 has established a program.
1-13 Sec. 6. 1. A judicial district may establish a program for re-entry
1-14 of offenders and parolees into the community pursuant to this section.
1-15 2. If a judicial district establishes a program pursuant to this section,
1-16 the re-entry court shall:
2-1 (a) Determine whether offenders who are referred by the director
2-2 pursuant to section 7 of this act should be assigned to the custody of the
2-3 division to participate in a program.
2-4 (b) Determine whether parolees who are referred by the chairman of
2-5 the state board of parole commissioners pursuant to section 19 of this act
2-6 should be ordered by the board to participate in a program as a condition
2-7 of their parole.
2-8 (c) Supervise offenders and parolees participating in the program
2-9 during their participation in the program.
2-10 3. An offender may not be assigned to the custody of the division to
2-11 participate in a program unless the re-entry court grants prior approval
2-12 of the assignment pursuant to this section.
2-13 4. Except as otherwise provided in section 19 of this act, a parolee
2-14 may not participate in a program as a condition of his parole unless the
2-15 re-entry court grants prior approval for his participation pursuant to this
2-16 section.
2-17 Sec. 7. 1. Except as otherwise provided in this section, if a
2-18 program has been established in the judicial district in which an offender
2-19 was sentenced to imprisonment, the director may, after consulting with
2-20 the division, refer the offender to the re-entry court if:
2-21 (a) The director believes that the offender would participate
2-22 successfully in and benefit from the program;
2-23 (b) The offender has demonstrated a willingness to:
2-24 (1) Engage in employment or participate in vocational
2-25 rehabilitation or job skills training; and
2-26 (2) Meet any existing obligation for restitution to any victim of his
2-27 crime; and
2-28 (c) The offender is:
2-29 (1) Within 2 years of his probable release from prison, as
2-30 determined by the director; or
2-31 (2) Imprisoned as a result of having had his parole or probation
2-32 revoked on or after July 1, 2000, for a reason other than for committing
2-33 a crime while on parole or probation.
2-34 2. Except as otherwise provided in this section, if the director is
2-35 notified by the re-entry court pursuant to section 6 of this act that an
2-36 offender should be assigned to the custody of the division to participate
2-37 in the program, the director shall assign the offender to the custody of
2-38 the division to participate in the program for not longer than the
2-39 remainder of his sentence.
2-40 3. The director shall, by regulation, adopt standards setting forth
2-41 which offenders are eligible to be assigned to the custody of the division
2-42 to participate in the program pursuant to this section. The standards
2-43 adopted by the director must be approved by the board and must provide
2-44 that an offender who:
3-1 (a) Has recently committed a serious infraction of the rules of an
3-2 institution or facility of the department;
3-3 (b) Has not performed the duties assigned to him in a faithful and
3-4 orderly manner;
3-5 (c) Has ever been convicted of:
3-6 (1) Any crime involving the use or threatened use of force or
3-7 violence against a victim that is punishable as a felony; or
3-8 (2) A sexual offense;
3-9 (d) Has escaped or attempted to escape from any jail or correctional
3-10 institution for adults; or
3-11 (e) Has not made an effort in good faith to participate in or to
3-12 complete any educational or vocational program or any program of
3-13 treatment, as ordered by the director,
3-14 is not eligible for assignment to the custody of the division pursuant to
3-15 this section to participate in a program.
3-16 4. The director shall adopt regulations requiring offenders who are
3-17 assigned to the custody of the division pursuant to this section to
3-18 reimburse the re-entry court, the division and the department for the cost
3-19 of their participation in a program, to the extent of their ability to pay.
3-20 5. The re-entry court may return the offender to the custody of the
3-21 department at any time for any violation of the terms and conditions
3-22 imposed by the re-entry court.
3-23 6. If an offender assigned to the custody of the division pursuant to
3-24 this section violates any of the terms or conditions imposed by the re-
3-25 entry court and is returned to the custody of the department, the offender
3-26 forfeits all or part of the credits for good behavior earned by him before
3-27 he was returned to the custody of the department, as determined by the
3-28 director. The director may provide for a forfeiture of credits pursuant to
3-29 this subsection only after proof of the violation and notice is given to the
3-30 offender. The director may restore credits so forfeited for such reasons as
3-31 he considers proper. The decision of the director regarding such a
3-32 forfeiture is final.
3-33 7. The assignment of an offender to the custody of the division
3-34 pursuant to this section shall be deemed:
3-35 (a) A continuation of his imprisonment and not a release on parole;
3-36 and
3-37 (b) For the purposes of NRS 209.341, an assignment to a facility of
3-38 the department,
3-39 except that the offender is not entitled to obtain any benefits or to
3-40 participate in any programs provided to offenders in the custody of the
3-41 department.
3-42 8. An offender does not have a right to be assigned to the custody of
3-43 the division pursuant to this section, or to remain in that custody after
3-44 such an assignment. It is not intended that the establishment or
3-45 operation of a program creates any right or interest in liberty or property
4-1 or establishes a basis for any cause of action against the State of Nevada,
4-2 its political subdivisions, agencies, boards, commissions, departments,
4-3 officers or employees.
4-4 Sec. 8. 1. The director may, after consulting with the division,
4-5 enter into one or more contracts with one or more public or private
4-6 entities to provide any of the following services, as necessary and
4-7 appropriate, to offenders or parolees participating in a program:
4-8 (a) Transitional housing;
4-9 (b) Treatment pertaining to substance abuse or mental health;
4-10 (c) Training in life skills;
4-11 (d) Vocational rehabilitation and job skills training; and
4-12 (e) Any other services required by offenders or parolees who are
4-13 participating in a program.
4-14 2. The director shall, as necessary and appropriate, provide referrals
4-15 and information regarding:
4-16 (a) Any of the services provided pursuant to subsection 1;
4-17 (b) Access and availability of any appropriate self-help groups;
4-18 (c) Social services for families and children; and
4-19 (d) Permanent housing.
4-20 3. The director may apply for and accept any gift, donation, bequest,
4-21 grant or other source of money to carry out the provisions of this section.
4-22 4. As used in this section, “training in life skills” includes, without
4-23 limitation, training in the areas of:
4-24 (a) Parenting;
4-25 (b) Improving human relationships;
4-26 (c) Preventing domestic violence;
4-27 (d) Maintaining emotional and physical health;
4-28 (e) Preventing abuse of alcohol and drugs;
4-29 (f) Preparing for and obtaining employment; and
4-30 (g) Budgeting, consumerism and personal finances.
4-31 Sec. 9. NRS 209.432 is hereby amended to read as follows:
4-32 209.432 As used in NRS 209.432 to 209.451, inclusive, unless the
4-33 context otherwise requires:
4-34 1. “Offender” includes [a] :
4-35 (a) A person who is convicted of a felony under the laws of this state
4-36 and sentenced, ordered or otherwise assigned to serve a term of residential
4-37 confinement.
4-38 (b) A person who is convicted of a felony under the laws of this state
4-39 and assigned to the custody of the division pursuant to section 7 of this
4-40 act.
4-41 2. “Residential confinement” means the confinement of a person
4-42 convicted of a felony to his place of residence under the terms and
4-43 conditions established pursuant to specific statute. The term does not
4-44 include any confinement ordered pursuant to NRS 176A.530 to 176A.560,
4-45 inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or
4-46 213.152 to 213.1528, inclusive.
5-1 Sec. 10. NRS 209.446 is hereby amended to read as follows:
5-2 209.446 1. Every offender who is sentenced to prison for a crime
5-3 committed on or after July 1, 1985, but before July 17, 1997, who has no
5-4 serious infraction of the regulations of the department, the terms and
5-5 conditions of his residential confinement, or the laws of the state recorded
5-6 against him, and who performs in a faithful, orderly and peaceable manner
5-7 the duties assigned to him, must be allowed:
5-8 (a) For the period he is actually incarcerated under sentence; [and]
5-9 (b) For the period he is in residential confinement[,] ; and
5-10 (c) For the period he is in the custody of the division of parole and
5-11 probation of the department of motor vehicles and public safety pursuant
5-12 to section 7 of this act,
5-13 a deduction of 10 days from his sentence for each month he serves.
5-14 2. In addition to the credit provided for in subsection 1, the director
5-15 may allow not more than 10 days of credit each month for an offender
5-16 whose diligence in labor and study merits such credits. In addition to the
5-17 credits allowed pursuant to this subsection, an offender is entitled to the
5-18 following credits for educational achievement:
5-19 (a) For earning a general equivalency diploma, 30 days.
5-20 (b) For earning a high school diploma, 60 days.
5-21 (c) For earning an associate degree, 90 days.
5-22 3. The director may allow not more than 10 days of credit each month
5-23 for an offender who participates in a diligent and responsible manner in a
5-24 center for the purpose of making restitution, conservation camp, program
5-25 of work release or another program conducted outside of the prison. An
5-26 offender who earns credit pursuant to this subsection is entitled to the
5-27 entire 20 days of credit each month which is authorized in subsections 1
5-28 and 2.
5-29 4. The director may allow not more than 90 days of credit each year
5-30 for an offender who engages in exceptional meritorious service.
5-31 5. The board shall adopt regulations governing the award, forfeiture
5-32 and restoration of credits pursuant to this section.
5-33 6. Credits earned pursuant to this section:
5-34 (a) Must be deducted from the maximum term imposed by the sentence;
5-35 and
5-36 (b) Apply to eligibility for parole unless the offender was sentenced
5-37 pursuant to a statute which specifies a minimum sentence which must be
5-38 served before a person becomes eligible for parole.
5-39 Sec. 11. NRS 209.4465 is hereby amended to read as follows:
5-40 209.4465 1. An offender who is sentenced to prison for a crime
5-41 committed on or after July 17, 1997, who has no serious infraction of the
5-42 regulations of the department, the terms and conditions of his residential
5-43 confinement or the laws of the state recorded against him, and who
5-44 performs in a faithful, orderly and peaceable manner the duties assigned to
5-45 him, must be allowed:
5-46 (a) For the period he is actually incarcerated pursuant to his sentence;
5-47 [and]
5-48 (b) For the period he is in residential confinement[,] ; and
6-1 (c) For the period he is in the custody of the division of parole and
6-2 probation of the department of motor vehicles and public safety pursuant
6-3 to section 7 of this act,
6-4 a deduction of 10 days from his sentence for each month he serves.
6-5 2. In addition to the credits allowed pursuant to subsection 1, the
6-6 director may allow not more than 10 days of credit each month for an
6-7 offender whose diligence in labor and study merits such credits. In addition
6-8 to the credits allowed pursuant to this subsection, an offender is entitled to
6-9 the following credits for educational achievement:
6-10 (a) For earning a general equivalency diploma, 30 days.
6-11 (b) For earning a high school diploma, 60 days.
6-12 (c) For earning his first associate degree, 90 days.
6-13 3. The director may, in his discretion, authorize an offender to receive
6-14 a maximum of 90 days of credit for each additional degree of higher
6-15 education earned by the offender.
6-16 4. The director may allow not more than 10 days of credit each month
6-17 for an offender who participates in a diligent and responsible manner in a
6-18 center for the purpose of making restitution, conservation camp, program
6-19 of work release or another program conducted outside of the prison. An
6-20 offender who earns credit pursuant to this subsection is eligible to earn the
6-21 entire 20 days of credit each month that is allowed pursuant to subsections
6-22 1 and 2.
6-23 5. The director may allow not more than 90 days of credit each year
6-24 for an offender who engages in exceptional meritorious service.
6-25 6. The board shall adopt regulations governing the award, forfeiture
6-26 and restoration of credits pursuant to this section.
6-27 7. Credits earned pursuant to this section:
6-28 (a) Must be deducted from the maximum term imposed by the sentence;
6-29 and
6-30 (b) Apply to eligibility for parole unless the offender was sentenced
6-31 pursuant to a statute which specifies a minimum sentence that must be
6-32 served before a person becomes eligible for parole.
6-33 Sec. 12. NRS 212.187 is hereby amended to read as follows:
6-34 212.187 1. A prisoner who is in lawful custody or confinement, other
6-35 than in the custody of the division of parole and probation of the
6-36 department of motor vehicles and public safety pursuant to section 7 of
6-37 this act or residential confinement, and who voluntarily engages in sexual
6-38 conduct with another person is guilty of a category D felony and shall be
6-39 punished as provided in NRS 193.130.
6-40 2. A person who voluntarily engages in sexual conduct with a prisoner
6-41 who is in lawful custody or confinement, other than in the custody of the
6-42 division of parole and probation of the department of motor vehicles and
6-43 public safety pursuant to section 7 of this act or residential confinement,
6-44 is guilty of a category D felony and shall be punished as provided in NRS
6-45 193.130.
6-46 3. As used in this section, “sexual conduct”:
6-47 (a) Includes acts of masturbation, homosexuality, sexual intercourse or
6-48 physical contact with another person’s clothed or unclothed genitals or
6-49 pubic area to arouse, appeal to or gratify the sexual desires of a person.
7-1 (b) Does not include acts of a person who has custody of a prisoner or
7-2 an employee of the institution in which the prisoner is confined that are
7-3 performed to carry out the necessary duties of such a person or employee.
7-4 Sec. 13. Chapter 213 of NRS is hereby amended by adding thereto the
7-5 provisions set forth as sections 14 to 21, inclusive, of this act.
7-6 Sec. 14. As used in sections 14 to 21, inclusive, of this act, unless the
7-7 context otherwise requires, the words and terms defined in sections 15 to
7-8 18, inclusive, of this act have the meanings ascribed to them in those
7-9 sections.
7-10 Sec. 15. “Board” means the state board of parole commissioners.
7-11 Sec. 16. “Division” means the division of parole and probation of
7-12 the department of motor vehicles and public safety.
7-13 Sec. 17. “Program” means a program for re-entry of prisoners and
7-14 parolees into the community that is established in a judicial district
7-15 pursuant to section 6 of this act.
7-16 Sec. 18. “Re-entry court” means the court in a judicial district that
7-17 has established a program.
7-18 Sec. 19. 1. Except as otherwise provided in this section, if a
7-19 program has been established in the judicial district in which a prisoner
7-20 or parolee may be paroled, the chairman of the board may, after
7-21 consulting with the division, refer a prisoner who is being considered for
7-22 parole or a parolee who has violated a term or condition of his parole to
7-23 the re-entry court if the chairman believes that the person:
7-24 (a) Would participate successfully in and benefit from a program; and
7-25 (b) Has demonstrated a willingness to:
7-26 (1) Engage in employment or participate in vocational
7-27 rehabilitation or job skills training; and
7-28 (2) Meet any existing obligation for restitution to any victim of his
7-29 crime.
7-30 2. Except as otherwise provided in this section, if the chairman is
7-31 notified by the re-entry court pursuant to section 6 of this act that a
7-32 person should be ordered to participate in a program, the board may, in
7-33 accordance with the provisions of this section:
7-34 (a) If the person is a prisoner who is being considered for parole,
7-35 upon the granting of parole to the prisoner, require as a condition of
7-36 parole that the person participate in and complete the program; or
7-37 (b) If the person is a parolee who has violated a term or condition of
7-38 his parole, order him to participate in and complete the program as a
7-39 condition of the continuation of his parole and in lieu of revoking his
7-40 parole and returning him to confinement.
7-41 3. If a prisoner who has been assigned to the custody of the division
7-42 to participate in a program pursuant to section 7 of this act is being
7-43 considered for parole:
8-1 (a) The board shall, if the board grants parole to the prisoner, require
8-2 as a condition of parole that the person continue to participate in and
8-3 complete the program.
8-4 (b) The board is not required to refer the prisoner to the re-entry court
8-5 pursuant to subsection 1 or to obtain prior approval of the re-entry court
8-6 pursuant to section 6 of this act for the prisoner to continue participating
8-7 in the program while he is on parole.
8-8 4. The board shall, by regulation, adopt standards setting forth
8-9 which persons are eligible to participate in a program. The standards
8-10 adopted by the board must provide that a person is not eligible for
8-11 participation in a program if the person:
8-12 (a) Has recently committed a serious infraction of the rules of an
8-13 institution or facility of the department of prisons;
8-14 (b) Has ever been convicted of:
8-15 (1) Any crime involving the use or threatened use of force or
8-16 violence against a victim that is punishable as a felony; or
8-17 (2) A sexual offense; or
8-18 (c) Has escaped or attempted to escape from any jail or correctional
8-19 institution for adults.
8-20 5. In determining whether to order a person to participate in and
8-21 complete a program pursuant to this section, the board shall consider:
8-22 (a) The criminal history of the person; and
8-23 (b) The safety of the public.
8-24 6. The board shall adopt regulations requiring persons who are
8-25 ordered to participate in and complete a program pursuant to this section
8-26 to reimburse the re-entry court and the division for the cost of their
8-27 participation in a program, to the extent of their ability to pay.
8-28 7. The board shall not order a person to participate in a program if
8-29 the time required to complete the program is longer than the unexpired
8-30 maximum term of the person’s original sentence.
8-31 Sec. 20. 1. If the re-entry court determines that a parolee has
8-32 violated a term or condition of his participation in the program or a term
8-33 or condition of his parole, the court may:
8-34 (a) Establish and impose any appropriate sanction for the violation;
8-35 and
8-36 (b) If necessary, report the violation to the board.
8-37 2. If a violation of a term or condition of parole is reported to the
8-38 board pursuant to this section, the board shall proceed in the manner
8-39 provided in this chapter for any other violation of a term or condition of
8-40 parole.
8-41 Sec. 21. The division shall supervise each person who is
8-42 participating in a program pursuant to section 7 or 19 of this act.
9-1 Sec. 22. Chapter 179 of NRS is hereby amended by adding thereto a
9-2 new section to read as follows:
9-3 1. Except as otherwise provided in subsection 3, 5 years after an
9-4 eligible person completes a program for re-entry, the court may order
9-5 sealed all documents, papers and exhibits in the eligible person’s record,
9-6 minute book entries and entries on dockets, and other documents relating
9-7 to the case in the custody of such other agencies and officers as are
9-8 named in the court’s order. The court may order those records sealed
9-9 without a hearing unless the division petitions the court, for good cause
9-10 shown, not to seal the records and requests a hearing thereon.
9-11 2. If the court orders sealed the record of an eligible person, the
9-12 court shall send a copy of the order to each agency or officer named in
9-13 the order. Each such agency or officer shall notify the court in writing of
9-14 its compliance with the order.
9-15 3. A professional licensing board is entitled, for the purpose of
9-16 determining suitability for a license or liability to discipline for
9-17 misconduct, to inspect and to copy from a record sealed pursuant to this
9-18 section.
9-19 4. As used in this section:
9-20 (a) “Eligible person” means a person who has:
9-21 (1) Successfully completed a program for re-entry to which he
9-22 participated in pursuant to section 7 or 19 of this act; and
9-23 (2) Been convicted of a single offense which was punishable as a
9-24 felony and which did not involve the use or threatened use of force or
9-25 violence against the victim. For the purposes of this subparagraph,
9-26 multiple convictions for an offense punishable as a felony shall be
9-27 deemed to constitute a single offense if those offenses arose out of the
9-28 same transaction or occurrence.
9-29 (b) “Program for re-entry” means a program for re-entry of prisoners
9-30 and parolees into the community that is established in a judicial district
9-31 pursuant to section 6 of this act.
9-32 Sec. 23. NRS 179.245 is hereby amended to read as follows:
9-33 179.245 1. Except as otherwise provided in subsection 5 and NRS
9-34 453.3365, and section 22 of this act, a person who has been convicted of:
9-35 (a) Any felony may, after 15 years from the date of his conviction or, if
9-36 he is imprisoned, from the date of his release from actual custody;
9-37 (b) Any gross misdemeanor may, after 10 years from the date of his
9-38 conviction or release from custody;
9-39 (c) A violation of NRS 484.379 other than a felony, or a battery which
9-40 constitutes domestic violence pursuant to NRS 33.018 other than a felony
9-41 may, after 7 years from the date of his conviction or release from custody;
9-42 or
9-43 (d) Any other misdemeanor may, after 5 years from the date of his
9-44 conviction or release from custody,
9-45 petition the court in which the conviction was obtained for the sealing of
9-46 all records relating to the conviction.
10-1 2. A petition filed pursuant to subsection 1 must be accompanied by
10-2 current, verified records of the petitioner’s criminal history received from:
10-3 (a) The central repository for Nevada records of criminal history; and
10-4 (b) The local law enforcement agency of the city or county in which the
10-5 conviction was entered.
10-6 3. Upon receiving a petition pursuant to this section, the court shall
10-7 notify:
10-8 (a) The prosecuting attorney for the county; or
10-9 (b) If the person was convicted in a municipal court, the prosecuting
10-10 attorney for the city.
10-11 The prosecuting attorney and any person having relevant evidence may
10-12 testify and present evidence at the hearing on the petition.
10-13 4. If, after the hearing, the court finds that, in the period prescribed in
10-14 subsection 1, the petitioner has not been arrested, except for minor moving
10-15 or standing traffic violations, the court may order sealed all records of the
10-16 conviction which are in the custody of the court, of another court in the
10-17 State of Nevada or of a public or private agency, company or official in the
10-18 State of Nevada, and may also order all such criminal identification records
10-19 of the petitioner returned to the file of the court where the proceeding was
10-20 commenced from, including, but not limited to, the Federal Bureau of
10-21 Investigation, the California bureau of identification and [investigation
10-22 bureau,] information, sheriffs’ offices and all other law enforcement
10-23 agencies reasonably known by either the petitioner or the court to have
10-24 possession of such records.
10-25 5. A person may not petition the court to seal records relating to a
10-26 conviction of a crime against a child or a sexual offense.
10-27 6. As used in this section:
10-28 (a) “Crime against a child” has the meaning ascribed to it in NRS
10-29 179D.210.
10-30 (b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.
10-31 Sec. 24. NRS 179.275 is hereby amended to read as follows:
10-32 179.275 Where the court orders the sealing of a record pursuant to
10-33 NRS 179.245, 179.255 or 453.3365, or section 22 of this act, a copy of the
10-34 order must be sent to:
10-35 1. The central repository for Nevada records of criminal history; and
10-36 2. Each public or private company, agency or official named in the
10-37 order, and that person shall seal the records in his custody which relate to
10-38 the matters contained in the order, shall advise the court of his compliance,
10-39 and shall then seal the order.
10-40 Sec. 25. NRS 179.285 is hereby amended to read as follows:
10-41 179.285 Except as otherwise provided in NRS 179.301, if the court
10-42 orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or
10-43 section 22 of this act, all proceedings recounted in the record are deemed
10-44 never to have occurred, and the person to whom it pertains may properly
10-45 answer accordingly to any inquiry concerning the arrest, conviction or
10-46 acquittal and the events and proceedings relating to the arrest, conviction or
10-47 acquittal.
11-1 Sec. 26. NRS 179.295 is hereby amended to read as follows:
11-2 179.295 1. The person who is the subject of the records that are
11-3 sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 22 of this
11-4 act may petition the court that ordered the records sealed to permit
11-5 inspection of the records by a person named in the petition, and the court
11-6 may order such inspection. Except as otherwise provided in this section
11-7 and NRS 179.301, the court may not order the inspection of the records
11-8 under any other circumstances.
11-9 2. If a person has been arrested, the charges have been dismissed and
11-10 the records of the arrest have been sealed, the court may order the
11-11 inspection of the records by a prosecuting attorney upon a showing that as
11-12 a result of newly discovered evidence, the person has been arrested for the
11-13 same or similar offense and that there is sufficient evidence reasonably to
11-14 conclude that he will stand trial for the offense.
11-15 3. The court may, upon the application of a prosecuting attorney or an
11-16 attorney representing a defendant in a criminal action, order an inspection
11-17 of such records for the purpose of obtaining information relating to persons
11-18 who were involved in the incident recorded.
11-19 Sec. 27. The amendatory provisions of section 12 of this act do not
11-20 apply to offenses committed before July 1, 2001.
11-21 Sec. 28. This act becomes effective on July 1, 2001.
11-22 H