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