Senate Bill No. 519–Committee on Finance
CHAPTER..........
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; revising the provisions regarding the sealing of records; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3, 4
and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Division” means the division of parole and probation of the
department of motor vehicles and public safety.
Sec. 4. “Program” means a program for re-entry of prisoners and
parolees into the community that is established in a judicial district
pursuant to section 6 of this act.
Sec. 5. “Re-entry court” means the court in a judicial district that
has established a program.
Sec. 6. 1. A judicial district may establish a program for re-entry
of offenders and parolees into the community pursuant to this section.
2. If a judicial district establishes a program pursuant to this section,
the re-entry court shall:
(a) Determine whether offenders who are referred by the director
pursuant to section 7 of this act should be assigned to the custody of the
division to participate in a program.
(b) Determine whether parolees who are referred by the chairman of
the state board of parole commissioners pursuant to section 19 of this act
should be ordered by the board to participate in a program as a condition
of their parole.
(c) Supervise offenders and parolees participating in the program
during their participation in the program.
3. An offender may not be assigned to the custody of the division to
participate in a program unless the re-entry court grants prior approval
of the assignment pursuant to this section.
4. Except as otherwise provided in section 19 of this act, a parolee
may not participate in a program as a condition of his parole unless the
re-entry court grants prior approval for his participation pursuant to this
section.
Sec. 7. 1. Except as otherwise provided in this section, if a
program has been established in the judicial district in which an offender
was sentenced to imprisonment, the director may, after consulting with
the division, refer the offender to the re-entry court if:
(a) The director believes that the offender would participate
successfully in and benefit from the program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate in vocational
rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his
crime; and
(c) The offender is within 2 years of his probable release from prison,
as determined by the director.
2. Except as otherwise provided in this section, if the director is
notified by the re-entry court pursuant to section 6 of this act that an
offender should be assigned to the custody of the division to participate
in the program, the director shall assign the offender to the custody of
the division to participate in the program for not longer than the
remainder of his sentence.
3. The director shall, by regulation, adopt standards setting forth
which offenders are eligible to be assigned to the custody of the division
to participate in the program pursuant to this section. The standards
adopted by the director must be approved by the board and must provide
that an offender who:
(a) Has recently committed a serious infraction of the rules of an
institution or facility of the department;
(b) Has not performed the duties assigned to him in a faithful and
orderly manner;
(c) Has, within the immediately preceding 5 years, been convicted of
any crime involving the use or threatened use of force or violence against
a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense;
(e) Has escaped or attempted to escape from any jail or correctional
institution for adults; or
(f) Has not made an effort in good faith to participate in or to
complete any educational or vocational program or any program of
treatment, as ordered by the director,
is not eligible for assignment to the custody of the division pursuant to
this section to participate in a program.
4. The director shall adopt regulations requiring offenders who are
assigned to the custody of the division pursuant to this section to
reimburse the re-entry court, the division and the department for the cost
of their participation in a program, to the extent of their ability to pay.
5. The re-entry court may return the offender to the custody of the
department at any time for any violation of the terms and conditions
imposed by the re-entry court.
6. If an offender assigned to the custody of the division pursuant to
this section violates any of the terms or conditions imposed by the re-
entry court and is returned to the custody of the department, the offender
forfeits all or part of the credits for good behavior earned by him before
he was returned to the custody of the department, as determined by the
director. The director may provide for a forfeiture of credits pursuant to
this subsection only after proof of the violation and notice is given to the
offender. The director may restore credits so forfeited for such reasons as
he considers proper. The decision of the director regarding such a
forfeiture is final.
7. The assignment of an offender to the custody of the division
pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole;
and
(b) For the purposes of NRS 209.341, an assignment to a facility of
the department,
except that the offender is not entitled to obtain any benefits or to
participate in any programs provided to offenders in the custody of the
department.
8. An offender does not have a right to be assigned to the custody of
the division pursuant to this section, or to remain in that custody after
such an assignment. It is not intended that the establishment or
operation of a program creates any right or interest in liberty or property
or establishes a basis for any cause of action against the State of Nevada,
its political subdivisions, agencies, boards, commissions, departments,
officers or employees.
Sec. 8. 1. The director may, after consulting with the division,
enter into one or more contracts with one or more public or private
entities to provide any of the following services, as necessary and
appropriate, to offenders or parolees participating in a program:
(a) Transitional housing;
(b) Treatment pertaining to substance abuse or mental health;
(c) Training in life skills;
(d) Vocational rehabilitation and job skills training; and
(e) Any other services required by offenders or parolees who are
participating in a program.
2. The director shall, as necessary and appropriate, provide referrals
and information regarding:
(a) Any of the services provided pursuant to subsection 1;
(b) Access and availability of any appropriate self-help groups;
(c) Social services for families and children; and
(d) Permanent housing.
3. The director may apply for and accept any gift, donation, bequest,
grant or other source of money to carry out the provisions of this section.
4. As used in this section, “training in life skills” includes, without
limitation, training in the areas of:
(a) Parenting;
(b) Improving human relationships;
(c) Preventing domestic violence;
(d) Maintaining emotional and physical health;
(e) Preventing abuse of alcohol and drugs;
(f) Preparing for and obtaining employment; and
(g) Budgeting, consumerism and personal finances.
Sec. 9. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.451, inclusive, unless the
context otherwise requires:
1. “Offender” includes [a] :
(a) A person who is convicted of a felony under the laws of this state
and sentenced, ordered or otherwise assigned to serve a term of residential
confinement.
(b) A person who is convicted of a felony under the laws of this state
and assigned to the custody of the division pursuant to section 7 of this
act.
2. “Residential confinement” means the confinement of a person
convicted of a felony to his place of residence under the terms and
conditions established pursuant to specific statute. The term does not
include any confinement ordered pursuant to NRS 176A.530 to 176A.560,
inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or
213.152 to 213.1528, inclusive.
Sec. 10. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime
committed on or after July 1, 1985, but before July 17, 1997, who has no
serious infraction of the regulations of the department, the terms and
conditions of his residential confinement, or the laws of the state recorded
against him, and who performs in a faithful, orderly and peaceable manner
the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; [and]
(b) For the period he is in residential confinement[,] ; and
(c) For the period he is in the custody of the division of parole and
probation of the department of motor vehicles and public safety pursuant
to section 7 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director
may allow not more than 10 days of credit each month for an offender
whose diligence in labor and study merits such credits. In addition to the
credits allowed pursuant to this subsection, an offender is entitled to the
following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month
for an offender who participates in a diligent and responsible manner in a
center for the purpose of making restitution, conservation camp, program
of work release or another program conducted outside of the prison. An
offender who earns credit pursuant to this subsection is entitled to the
entire 20 days of credit each month which is authorized in subsections 1
and 2.
4. The director may allow not more than 90 days of credit each year
for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture
and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence;
and
(b) Apply to eligibility for parole unless the offender was sentenced
pursuant to a statute which specifies a minimum sentence which must be
served before a person becomes eligible for parole.
Sec. 11. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime
committed on or after July 17, 1997, who has no serious infraction of the
regulations of the department, the terms and conditions of his residential
confinement or the laws of the state recorded against him, and who
performs in a faithful, orderly and peaceable manner the duties assigned to
him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence;
[and]
(b) For the period he is in residential confinement[,] ; and
(c) For the period he is in the custody of the division of parole and
probation of the department of motor vehicles and public safety pursuant
to section 7 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the
director may allow not more than 10 days of credit each month for an
offender whose diligence in labor and study merits such credits. In addition
to the credits allowed pursuant to this subsection, an offender is entitled to
the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive
a maximum of 90 days of credit for each additional degree of higher
education earned by the offender.
4. The director may allow not more than 10 days of credit each month
for an offender who participates in a diligent and responsible manner in a
center for the purpose of making restitution, conservation camp, program
of work release or another program conducted outside of the prison. An
offender who earns credit pursuant to this subsection is eligible to earn the
entire 20 days of credit each month that is allowed pursuant to subsections
1 and 2.
5. The director may allow not more than 90 days of credit each year
for an offender who engages in exceptional meritorious service.
6. The board shall adopt regulations governing the award, forfeiture
and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence;
and
(b) Apply to eligibility for parole unless the offender was sentenced
pursuant to a statute which specifies a minimum sentence that must be
served before a person becomes eligible for parole.
Sec. 12. NRS 212.187 is hereby amended to read as follows:
212.187 1. A prisoner who is in lawful custody or confinement, other
than in the custody of the division of parole and probation of the
department of motor vehicles and public safety pursuant to section 7 of
this act or residential confinement, and who voluntarily engages in sexual
conduct with another person is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
2. A person who voluntarily engages in sexual conduct with a prisoner
who is in lawful custody or confinement, other than in the custody of the
division of parole and probation of the department of motor vehicles and
public safety pursuant to section 7 of this act or residential confinement,
is guilty of a category D felony and shall be punished as provided in
NRS 193.130.
3. As used in this section, “sexual conduct”:
(a) Includes acts of masturbation, homosexuality, sexual intercourse or
physical contact with another person’s clothed or unclothed genitals or
pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or
an employee of the institution in which the prisoner is confined that are
performed to carry out the necessary duties of such a person or employee.
Sec. 13. Chapter 213 of NRS is hereby amended by adding thereto the
provisions set forth as sections 14 to 21, inclusive, of this act.
Sec. 14. As used in sections 14 to 21, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 15 to
18, inclusive, of this act have the meanings ascribed to them in those
sections.
Sec. 15. “Board” means the state board of parole commissioners.
Sec. 16. “Division” means the division of parole and probation of
the department of motor vehicles and public safety.
Sec. 17. “Program” means a program for re-entry of prisoners and
parolees into the community that is established in a judicial district
pursuant to section 6 of this act.
Sec. 18. “Re-entry court” means the court in a judicial district that
has established a program.
Sec. 19. 1. Except as otherwise provided in this section, if a
program has been established in the judicial district in which a prisoner
or parolee may be paroled, the chairman of the board may, after
consulting with the division, refer a prisoner who is being considered for
parole or a parolee who has violated a term or condition of his parole to
the re-entry court if the chairman believes that the person:
(a) Would participate successfully in and benefit from a program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational
rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his
crime.
2. Except as otherwise provided in this section, if the chairman is
notified by the re-entry court pursuant to section 6 of this act that a
person should be ordered to participate in a program, the board may, in
accordance with the provisions of this section:
(a) If the person is a prisoner who is being considered for parole,
upon the granting of parole to the prisoner, require as a condition of
parole that the person participate in and complete the program; or
(b) If the person is a parolee who has violated a term or condition of
his parole, order him to participate in and complete the program as a
condition of the continuation of his parole and in lieu of revoking his
parole and returning him to confinement.
3. If a prisoner who has been assigned to the custody of the division
to participate in a program pursuant to section 7 of this act is being
considered for parole:
(a) The board shall, if the board grants parole to the prisoner, require
as a condition of parole that the person continue to participate in and
complete the program.
(b) The board is not required to refer the prisoner to the re-entry court
pursuant to subsection 1 or to obtain prior approval of the re-entry court
pursuant to section 6 of this act for the prisoner to continue participating
in the program while he is on parole.
4. In determining whether to order a person to participate in and
complete a program pursuant to this section, the board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The board shall adopt regulations requiring persons who are
ordered to participate in and complete a program pursuant to this section
to reimburse the re-entry court and the division for the cost of their
participation in a program, to the extent of their ability to pay.
6. The board shall not order a person to participate in a program if
the time required to complete the program is longer than the unexpired
maximum term of the person’s original sentence.
Sec. 20. 1. If the re-entry court determines that a parolee has
violated a term or condition of his participation in the program or a term
or condition of his parole, the court may:
(a) Establish and impose any appropriate sanction for the violation;
and
(b) If necessary, report the violation to the board.
2. If a violation of a term or condition of parole is reported to the
board pursuant to this section, the board shall proceed in the manner
provided in this chapter for any other violation of a term or condition of
parole.
Sec. 21. The division shall supervise each person who is
participating in a program pursuant to section 7 or 19 of this act.
Sec. 22. Chapter 179 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. Except as otherwise provided in subsections 3 and 4, 5 years after
an eligible person completes a program for re-entry, the court may order
sealed all documents, papers and exhibits in the eligible person’s record,
minute book entries and entries on dockets, and other documents relating
to the case in the custody of such other agencies and officers as are
named in the court’s order. The court may order those records sealed
without a hearing unless the division petitions the court, for good cause
shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of an eligible person, the
court shall send a copy of the order to each agency or officer named in
the order. Each such agency or officer shall notify the court in writing of
its compliance with the order.
3. A professional licensing board is entitled, for the purpose of
determining suitability for a license or liability to discipline for
misconduct, to inspect and to copy from a record sealed pursuant to this
section.
4. A person may not petition the court to seal records relating to a
conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in
NRS 179D. 210.
(b) “Eligible person” means a person who has:
(1) Successfully completed a program for re-entry to which he
participated in pursuant to section 7 or 19 of this act; and
(2) Been convicted of a single offense which was punishable as a
felony and which did not involve the use or threatened use of force or
violence against the victim. For the purposes of this subparagraph,
multiple convictions for an offense punishable as a felony shall be
deemed to constitute a single offense if those offenses arose out of the
same transaction or occurrence.
(c) “Program for re-entry” means a program for re-entry of prisoners
and parolees into the community that is established in a judicial district
pursuant to section 6 of this act.
(d) “Sexual offense” has the meaning ascribed to it in paragraph (b)
of subsection 6 of NRS 179.245.
Sec. 23. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS
453.3365, and section 22 of this act, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if
he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his
conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony, or a battery which
constitutes domestic violence pursuant to NRS 33.018 other than a felony
may, after 7 years from the date of his conviction or release from custody;
or
(d) Any other misdemeanor may, after 5 years from the date of his
conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of
all records relating to the conviction.
2. A petition filed pursuant to subsection 1 must be accompanied by
current, verified records of the petitioner’s criminal history received from:
(a) The central repository for Nevada records of criminal history; and
(b) The local law enforcement agency of the city or county in which the
conviction was entered.
3. Upon receiving a petition pursuant to this section, the court shall
notify:
(a) The prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting
attorney for the city.
The prosecuting attorney and any person having relevant evidence may
testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period prescribed in
subsection 1, the petitioner has not been arrested, except for minor moving
or standing traffic violations, the court may order sealed all records of the
conviction which are in the custody of the court, of another court in the
State of Nevada or of a public or private agency, company or official in the
State of Nevada, and may also order all such criminal identification records
of the petitioner returned to the file of the court where the proceeding was
commenced from, including, but not limited to, the Federal Bureau of
Investigation, the California bureau of identification and [investigation
bureau,] information, sheriffs’ offices and all other law enforcement
agencies reasonably known by either the petitioner or the court to have
possession of such records.
5. A person may not petition the court to seal records relating to a
conviction of a crime against a child or a sexual offense.
6. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in
NRS 179D.210.
(b) “Sexual offense” [has the meaning ascribed to it in NRS 179D.210.]
means:
(1) Murder of the first degree committed in the perpetration or
attempted perpetration of sexual assault or of sexual abuse or sexual
molestation of a child less than 14 years of age pursuant to paragraph (b)
of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if
punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to
NRS 200.400.
(5) An offense involving the administration of a drug to another
person with the intent to enable or assist the commission of a felony
pursuant to NRS 200.405, if the felony is an offense listed in this
paragraph.
(6) An offense involving the administration of a controlled
substance to another person with the intent to enable or assist the
commission of a crime of violence pursuant to NRS 200.408, if the crime
of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved
sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to
NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195.
(11) Open or gross lewdness pursuant to NRS 201.210, if
punishable as a felony.
(12) Indecent or obscene exposure pursuant to NRS 201.220, if
punishable as a felony.
(13) Lewdness with a child pursuant to NRS 201.230.
(14) Sexual penetration of a dead human body pursuant to
NRS 201.450.
(15) Annoyance or molestation of a minor pursuant to
NRS 207.260.
(16) An attempt to commit an offense listed in subparagraphs (1) to
(15), inclusive.
Sec. 24. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of a record pursuant to
NRS 179.245, 179.255 or 453.3365, or section 22 of this act, a copy of the
order must be sent to:
1. The central repository for Nevada records of criminal history; and
2. Each public or private company, agency or official named in the
order, and that person shall seal the records in his custody which relate to
the matters contained in the order, shall advise the court of his compliance,
and shall then seal the order.
Sec. 25. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301, if the court
orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or
section 22 of this act, all proceedings recounted in the record are deemed
never to have occurred, and the person to whom it pertains may properly
answer accordingly to any inquiry concerning the arrest, conviction or
acquittal and the events and proceedings relating to the arrest, conviction or
acquittal.
Sec. 26. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records that are
sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 22 of this
act may petition the court that ordered the records sealed to permit
inspection of the records by a person named in the petition, and the court
may order such inspection. Except as otherwise provided in this section
and NRS 179.301, the court may not order the inspection of the records
under any other circumstances.
2. If a person has been arrested, the charges have been dismissed and
the records of the arrest have been sealed, the court may order the
inspection of the records by a prosecuting attorney upon a showing that as
a result of newly discovered evidence, the person has been arrested for the
same or similar offense and that there is sufficient evidence reasonably to
conclude that he will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney or an
attorney representing a defendant in a criminal action, order an inspection
of such records for the purpose of obtaining information relating to persons
who were involved in the incident recorded.
Sec. 27. The amendatory provisions of section 12 of this act do not
apply to offenses committed before July 1, 2001.
Sec. 28. This act becomes effective on July 1, 2001.
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