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. 8 by deleting lines 20 through 45 on page 4 and lines 1 through 13 on page 5 and inserting:
“Sec. 8. (Deleted by amendment.)”.
Amend the bill as a whole by renumbering sections 15 through 17 as sections 16 through 18 and adding a new section designated sec. 15, following sec. 14, to read as follows:
“Sec. 15. NRS 211.240 is hereby amended to read as follows:
211.240 1. [The] Except as otherwise provided in subsection 2, the sheriff with respect to a county jail, or the officer in charge with respect to a city jail, may apply to the [presiding judge, or to the judges jointly if there is no presiding judge,] chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. After considering the application, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority , if granted , must not exceed 30 days.
2. In a county in which there is not a city jail, the sheriff may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. Upon receipt of such an application, the chief judge shall consult with a justice of the peace designated by the justices of the peace for the county and a judge designated by the municipal courts for the county. After the consultation, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.
3. At any time within the duration of an authority granted when the number of prisoners exceeds the number of beds available in the jail, the sheriff or other officer in charge may release the lesser of:
(a) The number of prisoners eligible under this section; or
(b) The difference between the number of prisoners and the number of beds.
[3.] 4. A prisoner is eligible for release only if:
(a) He [is serving a sentence of fixed duration and has already served at least 90 percent of the sentence after deduction of any credit; and
(b) His sentence would expire or he would otherwise be released within 5 days.
4.] has served at least 75 percent of his sentence;
(b) He is not serving a sentence for a crime for which a mandatory sentence is required by statute;
(c) He is not serving a sentence for a crime which involved an act of violence; and
(d) He does not pose a danger to the community.
5. Among prisoners eligible, priority must be given to those whose expiration of sentence or other release is closest.
6. A prisoner released pursuant to this section may be required to remain on residential confinement for the remainder of his sentence or may be required to participate in another alternative program of supervision.”.
Amend the title of the bill, twentieth line, after “offender;” by inserting:
“revising the provisions governing the manner in which prisoners may be released from jail when the jail becomes overcrowed;”.