ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 3, page 2, by deleting lines 1 through 18 and inserting:
“(a) Determine whether offenders in the custody of the Department are suitable to participate in a correctional program.
(b) Determine whether parolees who are referred by the Chairman of the State Board of Parole Commissioners pursuant to section 23 of this act are suitable to participate in a correctional program as a condition of their parole.
(c) Request that the Chairman of the State Board of Parole Commissioners assign to a correctional program offenders and parolees determined by the Director to be suitable to participate in a correctional program, under the terms and conditions agreed upon by the Director and the Chairman, including, if appropriate, supervision of the offenders and parolees by the Division during their participation in the correctional program.
3. An offender or parolee may not be assigned to the custody of the Division to participate in a correctional program unless the Director grants prior approval of the assignment pursuant to this section.”.
Amend sec. 4, page 2, by deleting lines 19 through 43 and inserting:
“Sec. 4. 1. Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, determine that an offender is suitable to participate in the correctional program if:
(a) The Director believes that the offender would participate successfully in and benefit from the correctional 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 determines that an offender is suitable to participate in the correctional program, the Director shall request that the Chairman of the State Board of Parole Commissioners assign the offender to the custody of the Division to participate in the correctional program. The Chairman may assign the offender to the custody of the Division to participate in the correctional program for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:”.
Amend sec. 4, page 3, line 21, by deleting:
“imposed by the Director.” and inserting:
“agreed upon by the Director and the Chairman.”.
Amend sec. 4, page 3, line 24, by deleting:
“imposed by the Director” and inserting:
“agreed upon by the Director and the Chairman”.
Amend sec. 5, page 4, line 9, by deleting “213.380,” and inserting:
“213.380 [,] or other appropriate supervision as determined by the Division of Parole and Probation,”.
Amend sec. 5, page 5, line 6, by deleting “confinement:” and inserting:
“confinement [:] or other appropriate supervision as determined by the Division of Parole and Probation:”.
Amend sec. 10, page 8, line 12, by deleting “prisoners” and inserting “[prisoners] offenders”.
Amend sec. 16, page 11, line 37, by deleting “25,” and inserting “24,”.
Amend sec. 17, page 11, line 40, by deleting “21,” and inserting “20,”.
Amend the bill as a whole by deleting sec. 21 and renumbering sections 22 through 30 as sections 21 through 29.
Amend sec. 22, page 12, line 30, by deleting “prisoners” and inserting “offenders”.
Amend sec. 24, page 12, line 36, by deleting “prisoner” and inserting “offender”.
Amend sec. 24, page 13, by deleting lines 3 through 27 and inserting:
“2. Except as otherwise provided in this section, if the Chairman is notified by the Director pursuant to section 3 of this act that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:
(a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional 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 correctional program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.
3. If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to section 4 of this act is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that he continue to participate in and complete the correctional program.”.
Amend sec. 26, page 14, by deleting line 6 and inserting:
“213.300 1. The Department of Corrections [shall] may establish”.
Amend sec. 26, page 14, by deleting lines 17 and 18 and inserting:
“[3. The Director is responsible for the quartering and supervision of offenders enrolled in the program.]”.
Amend sec. 27, page 14, by deleting line 20 and inserting:
“213.310 1. [The Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300, the Director”.
Amend sec. 27, page 14, line 29, by deleting “program.” and inserting:
“program [.] , and the Director shall refer the names of those offenders to the Chairman of the State Board of Parole Commissioners for release into the program and, if appropriate, for residential confinement or other appropriate supervision as determined by the Division of Parole and Probation of the Department of Public Safety.”.
Amend sec. 29, page 15, by deleting line 29 and inserting:
“213.320 1. [The Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300, the Director”.
Amend sec. 29, page 15, by deleting lines 34 through 37 and inserting:
“(b) Effect placement of offenders under the program; and
(c) Generally promote public understanding and acceptance of”.
Amend sec. 30, page 16, by deleting lines 5 through 12 and inserting:
“(a) [To pay the cost of quartering, feeding and clothing the offender.
(b)] To allow the offender necessary travel expense to and from work and his other incidental expenses.
[(c)] (b) To support the offender’s dependents.
[(d)] (c) To pay, either in full or ratably, the offender’s obligations”.
Amend the bill as a whole by deleting sec. 31 and renumbering sections 32 through 40 as sections 30 through 38.
Amend sec. 32, page 16, by deleting lines 35 and 36 and inserting:
“(b) Going to such employment . [from the place where he is quartered or returning therefrom.]”.
Amend sec. 33, page 17, line 2, by deleting:
“or his designated quarters” and inserting:
“[or his designated quarters]”.
Amend sec. 34, page 17, line 9, by deleting:
“22 to 25,” and inserting:
“21 to 24,”.
Amend sec. 34, page 17, line 11, by deleting:
“22 and 23” and inserting:
“21 and 22”.
Amend sec. 39, page 18, line 41, by deleting “24” and inserting “23”.
Amend sec. 40, page 19, line 24, by deleting “24” and inserting “23”.
Amend sec. 40, page 19, line 32, by deleting “prisoners” and inserting “offenders”.
Amend sec. 40, page 19, line 35, by deleting “prisoners” and inserting “[prisoners] offenders”.
Amend the bill as a whole by adding a new section designated sec. 39 and the text of the repealed section, following sec. 40, to read as follows:
“Sec. 39. NRS 213.340 is hereby repealed.
TEXT OF REPEALED SECTION
213.340 Contracts for quartering enrollees; suitable facilities required.
1. The Director of the Department of Corrections may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities the offenders enrolled in programs of work release. Each such facility must satisfy standards established by the Director to assure secure custody of offenders quartered therein.
2. The Director shall not enroll any offender in the program of work release unless he has determined that suitable facilities for quartering the offender are available in the locality where the offender has employment or the offer of employment.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the Department of Corrections; authorizing the Director of the Department of Corrections to establish a correctional program for the reentry of offenders and parolees into the community; allowing the Director to assign certain offenders to serve a term of residential confinement or other appropriate supervision; making various changes to the provisions governing programs of work release; making various other changes to provisions pertaining to the Department; and providing other matters properly relating thereto.”.