Senate Bill No. 264–Senators Tiffany, Care,
Neal and Nolan

 

March 12, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions pertaining to Department of Corrections. (BDR 16‑1182)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 prisoners and parolees into the community; allowing the Director to assign certain offenders to serve a term of residential confinement; authorizing the Director to order an offender into residential confinement during the period the offender is enrolled in a program of work release; making various other changes to provisions pertaining to the Department; 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

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  “Correctional program” means a program for reentry

1-4  of prisoners and parolees into the community that is established by

1-5  the Director pursuant to section 3 of this act.

1-6  Sec. 3.  1.  The Director may establish a correctional

1-7  program for reentry of offenders and parolees into the community

1-8  pursuant to this section.

1-9  2.  If the Director establishes a correctional program pursuant

1-10  to this section, the Director shall:

2-1  (a) Determine whether offenders should be assigned to the

2-2  custody of the Division to participate in a correctional program.

2-3  (b) Determine whether parolees who are referred by the

2-4  Chairman of the State Board of Parole Commissioners pursuant

2-5  to section 24 of this act should be ordered by the Board to

2-6  participate in a correctional program as a condition of their

2-7  parole.

2-8  (c) Supervise offenders and parolees participating in the

2-9  correctional program during their participation in the correctional

2-10  program.

2-11      3.  An offender may not be assigned to the custody of the

2-12  Division to participate in a correctional program unless the

2-13  Director grants prior approval of the assignment pursuant to this

2-14  section.

2-15      4.  Except as otherwise provided in section 24 of this act, a

2-16  parolee may not participate in a correctional program as a

2-17  condition of his parole unless the Director grants prior approval

2-18  for his participation pursuant to this section.

2-19      Sec. 4.  1.  Except as otherwise provided in this section, if a

2-20  correctional program has been established by the Director in

2-21  the county in which an offender was sentenced to imprisonment,

2-22  the Director may, after consulting with the Division, approve the

2-23  offender to participate in the correctional program if:

2-24      (a) The Director believes that the offender would participate

2-25  successfully in and benefit from the correctional program;

2-26      (b) The offender has demonstrated a willingness to:

2-27          (1) Engage in employment or participate in vocational

2-28  rehabilitation or job skills training; and

2-29          (2) Meet any existing obligation for restitution to any victim

2-30  of his crime; and

2-31      (c) The offender is within 2 years of his probable release from

2-32  prison, as determined by the Director.

2-33      2.  Except as otherwise provided in this section, if the Director

2-34  determines that an offender should be assigned to the custody of

2-35  the Division to participate in the correctional program, the

2-36  Director shall assign the offender to the custody of the Division to

2-37  participate in the correctional program for not longer than the

2-38  remainder of his sentence.

2-39      3.  The Director shall, by regulation, adopt standards setting

2-40  forth which offenders are eligible to be assigned to the custody of

2-41  the Division to participate in the correctional program pursuant to

2-42  this section. The standards adopted by the Director must be

2-43  approved by the Board and must provide that an offender who:

2-44      (a) Has recently committed a serious infraction of the rules of

2-45  an institution or facility of the Department;

3-1  (b) Has not performed the duties assigned to him in a faithful

3-2  and orderly manner;

3-3  (c) Has, within the immediately preceding 5 years, been

3-4  convicted of any crime involving the use or threatened use of force

3-5  or violence against a victim that is punishable as a felony;

3-6  (d) Has ever been convicted of a sexual offense;

3-7  (e) Has escaped or attempted to escape from any jail or

3-8  correctional institution for adults; or

3-9  (f) Has not made an effort in good faith to participate in or to

3-10  complete any educational or vocational program or any program

3-11  of treatment, as ordered by the Director,

3-12  is not eligible for assignment to the custody of the Division

3-13  pursuant to this section to participate in a correctional program.

3-14      4.  The Director shall adopt regulations requiring offenders

3-15  who are assigned to the custody of the Division pursuant to this

3-16  section to reimburse the Division and the Department for the cost

3-17  of their participation in a correctional program, to the extent of

3-18  their ability to pay.

3-19      5.  The Director may return the offender to the custody of the

3-20  Department at any time for any violation of the terms and

3-21  conditions imposed by the Director.

3-22      6.  If an offender assigned to the custody of the Division

3-23  pursuant to this section violates any of the terms or conditions

3-24  imposed by the Director and is returned to the custody of the

3-25  Department, the offender forfeits all or part of the credits for good

3-26  behavior earned by him before he was returned to the custody of

3-27  the Department, as determined by the Director. The Director may

3-28  provide for a forfeiture of credits pursuant to this subsection only

3-29  after proof of the violation and notice is given to the offender. The

3-30  Director may restore credits so forfeited for such reasons as he

3-31  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

3-34  Division pursuant to this section shall be deemed:

3-35      (a) A continuation of his imprisonment and not a release on

3-36  parole; and

3-37      (b) For the purposes of NRS 209.341, an assignment to a

3-38  facility of 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

3-41  the Department.

3-42      8.  An offender does not have a right to be assigned to the

3-43  custody of the Division pursuant to this section, or to remain in

3-44  that custody after such an assignment. It is not intended that the

3-45  establishment or operation of a correctional program creates any

4-1  right or interest in liberty or property or establishes a basis for any

4-2  cause of action against the State of Nevada, its political

4-3  subdivisions, agencies, boards, commissions, departments, officers

4-4  or employees.

4-5  Sec. 5.  NRS 209.3925 is hereby amended to read as follows:

4-6  209.3925  1.  Except as otherwise provided in subsection 6,

4-7  the Director may assign an offender to the custody of the Division

4-8  of Parole and Probation of the Department of Public Safety to serve

4-9  a term of residential confinement pursuant to NRS 213.380, for not

4-10  longer than the remainder of his sentence, if:

4-11      (a) The Director has reason to believe that the offender is:

4-12          (1) Physically incapacitated or in ill health to such a degree

4-13  that he does not presently, and likely will not in the future, pose a

4-14  threat to the safety of the public; [or]

4-15          (2) In ill health and expected to die within 12 months, and

4-16  does not presently, and likely will not in the future, pose a threat to

4-17  the safety of the public; or

4-18          (3) Pregnant upon imprisonment; and

4-19      (b) At least two physicians licensed pursuant to chapter 630 of

4-20  NRS, one of whom is not employed by the Department, verify, in

4-21  writing, that the offender is:

4-22          (1) Physically incapacitated[;] or in ill health;

4-23          (2) In ill health and expected to die within 12 months[.] ; or

4-24          (3) Pregnant upon imprisonment.

4-25      2.  If the Director intends to assign an offender to the custody of

4-26  the Division of Parole and Probation pursuant to this section, at least

4-27  45 days before the date the offender is expected to be released from

4-28  the custody of the Department, the Director shall notify:

4-29      (a) If the offender will reside within this state after he is released

4-30  from the custody of the Department, the board of county

4-31  commissioners of the county in which the offender will reside; and

4-32      (b) The Division of Parole and Probation.

4-33      3.  If any victim of a crime committed by the offender has,

4-34  pursuant to subsection 4 of NRS 213.130, requested to be notified of

4-35  the consideration of a prisoner for parole and has provided a current

4-36  address, the Division of Parole and Probation shall notify the victim

4-37  that:

4-38      (a) The Director intends to assign the offender to the custody of

4-39  the Division of Parole and Probation pursuant to this section; and

4-40      (b) The victim may submit documents to the Division of Parole

4-41  and Probation regarding such an assignment.

4-42  If a current address has not been provided by a victim as required by

4-43  subsection 4 of NRS 213.130, the Division of Parole and Probation

4-44  must not be held responsible if notification is not received by the

4-45  victim. All personal information, including, but not limited to, a

5-1  current or former address, which pertains to a victim and which is

5-2  received by the Division of Parole and Probation pursuant to this

5-3  subsection is confidential.

5-4  4.  If an offender assigned to the custody of the Division of

5-5  Parole and Probation pursuant to this section escapes or violates any

5-6  of the terms or conditions of his residential confinement:

5-7  (a) The Division of Parole and Probation may, pursuant to the

5-8  procedure set forth in NRS 213.410, return the offender to the

5-9  custody of the Department.

5-10      (b) The offender forfeits all or part of the credits for good

5-11  behavior earned by him before the escape or violation, as

5-12  determined by the Director. The Director may provide for a

5-13  forfeiture of credits pursuant to this paragraph only after proof of the

5-14  offense and notice to the offender and may restore credits forfeited

5-15  for such reasons as he considers proper. The decision of the Director

5-16  regarding such a forfeiture is final.

5-17      5.  The assignment of an offender to the custody of the Division

5-18  of Parole and Probation pursuant to this section shall be deemed:

5-19      (a) A continuation of his imprisonment and not a release on

5-20  parole; and

5-21      (b) For the purposes of NRS 209.341, an assignment to a facility

5-22  of the Department,

5-23  except that the offender is not entitled to obtain any benefits or to

5-24  participate in any programs provided to offenders in the custody of

5-25  the Department.

5-26      6.  The Director may not assign an offender to the custody of

5-27  the Division of Parole and Probation pursuant to this section if the

5-28  offender is sentenced to death or imprisonment for life without the

5-29  possibility of parole.

5-30      7.  An offender does not have a right to be assigned to the

5-31  custody of the Division of Parole and Probation pursuant to this

5-32  section, or to remain in that custody after such an assignment, and it

5-33  is not intended that the provisions of this section or of NRS 213.371

5-34  to 213.410, inclusive, create any right or interest in liberty or

5-35  property or establish a basis for any cause of action against the

5-36  State, its political subdivisions, agencies, boards, commissions,

5-37  departments, officers or employees.

5-38      Sec. 6.  NRS 209.432 is hereby amended to read as follows:

5-39      209.432  As used in NRS 209.432 to 209.451, inclusive, unless

5-40  the context otherwise requires:

5-41      1.  “Offender” includes:

5-42      (a) A person who is convicted of a felony under the laws of this

5-43  state and sentenced, ordered or otherwise assigned to serve a term of

5-44  residential confinement.

6-1  (b) A person who is convicted of a felony under the laws of this

6-2  state and assigned to the custody of the Division of Parole and

6-3  Probation of the Department of Public Safety pursuant to NRS

6-4  209.4886[.] or section 4 of this act.

6-5  2.  “Residential confinement” means the confinement of a

6-6  person convicted of a felony to his place of residence under the

6-7  terms and conditions established pursuant to specific statute. The

6-8  term does not include any confinement ordered pursuant to NRS

6-9  176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive,

6-10  213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

6-11      Sec. 7.  NRS 209.446 is hereby amended to read as follows:

6-12      209.446  1.  Every offender who is sentenced to prison for a

6-13  crime committed on or after July 1, 1985, but before July 17, 1997,

6-14  who has no serious infraction of the regulations of the Department,

6-15  the terms and conditions of his residential confinement, or the laws

6-16  of the State recorded against him, and who performs in a faithful,

6-17  orderly and peaceable manner the duties assigned to him, must be

6-18  allowed:

6-19      (a) For the period he is actually incarcerated under sentence;

6-20      (b) For the period he is in residential confinement; and

6-21      (c) For the period he is in the custody of the Division of Parole

6-22  and Probation of the Department of Public Safety pursuant to NRS

6-23  209.4886[,] or section 4 of this act,

6-24  a deduction of 10 days from his sentence for each month he serves.

6-25      2.  In addition to the credit provided for in subsection 1, the

6-26  Director may allow not more than 10 days of credit each month for

6-27  an offender whose diligence in labor and study merits such credits.

6-28  In addition to the credits allowed pursuant to this subsection, an

6-29  offender is entitled to the following credits for educational

6-30  achievement:

6-31      (a) For earning a general equivalency diploma, 30 days.

6-32      (b) For earning a high school diploma, 60 days.

6-33      (c) For earning an associate degree, 90 days.

6-34      3.  The Director may allow not more than 10 days of credit each

6-35  month for an offender who participates in a diligent and responsible

6-36  manner in a center for the purpose of making restitution,

6-37  conservation camp, program of work release or another program

6-38  conducted outside of the prison. An offender who earns credit

6-39  pursuant to this subsection is entitled to the entire 20 days of credit

6-40  each month which is authorized in subsections 1 and 2.

6-41      4.  The Director may allow not more than 90 days of credit each

6-42  year for an offender who engages in exceptional meritorious service.

6-43      5.  The Board shall adopt regulations governing the award,

6-44  forfeiture and restoration of credits pursuant to this section.

6-45      6.  Credits earned pursuant to this section:

7-1  (a) Must be deducted from the maximum term imposed by the

7-2  sentence; and

7-3  (b) Apply to eligibility for parole unless the offender was

7-4  sentenced pursuant to a statute which specifies a minimum sentence

7-5  which must be served before a person becomes eligible for parole.

7-6  Sec. 8.  NRS 209.4465 is hereby amended to read as follows:

7-7  209.4465  1.  An offender who is sentenced to prison for a

7-8  crime committed on or after July 17, 1997, who has no serious

7-9  infraction of the regulations of the Department, the terms and

7-10  conditions of his residential confinement or the laws of the State

7-11  recorded against him, and who performs in a faithful, orderly and

7-12  peaceable manner the duties assigned to him, must be allowed:

7-13      (a) For the period he is actually incarcerated pursuant to his

7-14  sentence;

7-15      (b) For the period he is in residential confinement; and

7-16      (c) For the period he is in the custody of the Division of Parole

7-17  and Probation of the Department of Public Safety pursuant to NRS

7-18  209.4886[,] or section 4 of this act,

7-19  a deduction of 10 days from his sentence for each month he serves.

7-20      2.  In addition to the credits allowed pursuant to subsection 1,

7-21  the Director may allow not more than 10 days of credit each month

7-22  for an offender whose diligence in labor and study merits such

7-23  credits. In addition to the credits allowed pursuant to this subsection,

7-24  an offender is entitled to the following credits for educational

7-25  achievement:

7-26      (a) For earning a general equivalency diploma, 30 days.

7-27      (b) For earning a high school diploma, 60 days.

7-28      (c) For earning his first associate degree, 90 days.

7-29      3.  The Director may, in his discretion, authorize an offender to

7-30  receive a maximum of 90 days of credit for each additional degree

7-31  of higher education earned by the offender.

7-32      4.  The Director may allow not more than 10 days of credit each

7-33  month for an offender who participates in a diligent and responsible

7-34  manner in a center for the purpose of making restitution,

7-35  conservation camp, program of work release or another program

7-36  conducted outside of the prison. An offender who earns credit

7-37  pursuant to this subsection is eligible to earn the entire 20 days of

7-38  credit each month that is allowed pursuant to subsections 1 and 2.

7-39      5.  The Director may allow not more than 90 days of credit each

7-40  year for an offender who engages in exceptional meritorious service.

7-41      6.  The Board shall adopt regulations governing the award,

7-42  forfeiture and restoration of credits pursuant to this section.

7-43      7.  Credits earned pursuant to this section:

7-44      (a) Must be deducted from the maximum term imposed by the

7-45  sentence; and

8-1  (b) Apply to eligibility for parole unless the offender was

8-2  sentenced pursuant to a statute which specifies a minimum sentence

8-3  that must be served before a person becomes eligible for parole.

8-4  Sec. 9.  NRS 209.4871 is hereby amended to read as follows:

8-5  209.4871  As used in NRS 209.4871 to 209.4889, inclusive,

8-6  and sections 2, 3 and 4 of this act, unless the context otherwise

8-7  requires, the words and terms defined in NRS 209.4874, 209.4877

8-8  and 209.488 and section 2 of this act have the meanings ascribed to

8-9  them in those sections.

8-10      Sec. 10.  NRS 209.4877 is hereby amended to read as follows:

8-11      209.4877  [“Program”] “Judicial program” means a program

8-12  for reentry of prisoners and parolees into the community that is

8-13  established in a judicial district pursuant to NRS 209.4883.

8-14      Sec. 11.  NRS 209.488 is hereby amended to read as follows:

8-15      209.488  “Reentry court” means the court in a judicial district

8-16  that has established a judicial program.

8-17      Sec. 12.  NRS 209.4883 is hereby amended to read as follows:

8-18      209.4883  1.  A judicial district may establish a judicial

8-19  program for reentry of offenders and parolees into the community

8-20  pursuant to this section.

8-21      2.  If a judicial district establishes a judicial program pursuant

8-22  to this section, the reentry court shall:

8-23      (a) Determine whether offenders who are referred by the

8-24  Director pursuant to NRS 209.4886 should be assigned to the

8-25  custody of the Division to participate in a judicial program.

8-26      (b) Determine whether parolees who are referred by the

8-27  Chairman of the State Board of Parole Commissioners pursuant to

8-28  NRS 213.625 should be ordered by the Board to participate in a

8-29  judicial program as a condition of their parole.

8-30      (c) Supervise offenders and parolees participating in the judicial

8-31  program during their participation in the judicial program.

8-32      3.  An offender may not be assigned to the custody of the

8-33  Division to participate in a judicial program unless the reentry court

8-34  grants prior approval of the assignment pursuant to this section.

8-35      4.  Except as otherwise provided in NRS 213.625, a parolee

8-36  may not participate in a judicial program as a condition of his parole

8-37  unless the reentry court grants prior approval for his participation

8-38  pursuant to this section.

8-39      Sec. 13.  NRS 209.4886 is hereby amended to read as follows:

8-40      209.4886  1.  Except as otherwise provided in this section, if a

8-41  judicial program has been established in the judicial district in

8-42  which an offender was sentenced to imprisonment, the Director

8-43  may, after consulting with the Division, refer the offender to the

8-44  reentry court if:

9-1  (a) The Director believes that the offender would participate

9-2  successfully in and benefit from the judicial program;

9-3  (b) The offender has demonstrated a willingness to:

9-4       (1) Engage in employment or participate in vocational

9-5  rehabilitation or job skills training; and

9-6       (2) Meet any existing obligation for restitution to any victim

9-7  of his crime; and

9-8  (c) The offender is within 2 years of his probable release from

9-9  prison, as determined by the Director.

9-10      2.  Except as otherwise provided in this section, if the Director

9-11  is notified by the reentry court pursuant to NRS 209.4883 that an

9-12  offender should be assigned to the custody of the Division to

9-13  participate in the judicial program, the Director shall assign the

9-14  offender to the custody of the Division to participate in the judicial

9-15  program for not longer than the remainder of his sentence.

9-16      3.  The Director shall, by regulation, adopt standards setting

9-17  forth which offenders are eligible to be assigned to the custody of

9-18  the Division to participate in the judicial program pursuant to this

9-19  section. The standards adopted by the Director must be approved by

9-20  the Board and must provide that an offender who:

9-21      (a) Has recently committed a serious infraction of the rules of an

9-22  institution or facility of the Department;

9-23      (b) Has not performed the duties assigned to him in a faithful

9-24  and orderly manner;

9-25      (c) Has, within the immediately preceding 5 years, been

9-26  convicted of any crime involving the use or threatened use of force

9-27  or violence against a victim that is punishable as a felony;

9-28      (d) Has ever been convicted of a sexual offense;

9-29      (e) Has escaped or attempted to escape from any jail or

9-30  correctional institution for adults; or

9-31      (f) Has not made an effort in good faith to participate in or to

9-32  complete any educational or vocational program or any program of

9-33  treatment, as ordered by the Director,

9-34  is not eligible for assignment to the custody of the Division pursuant

9-35  to this section to participate in a judicial program.

9-36      4.  The Director shall adopt regulations requiring offenders who

9-37  are assigned to the custody of the Division pursuant to this section

9-38  to reimburse the reentry court, the Division and the Department for

9-39  the cost of their participation in a judicial program, to the extent of

9-40  their ability to pay.

9-41      5.  The reentry court may return the offender to the custody of

9-42  the Department at any time for any violation of the terms and

9-43  conditions imposed by the reentry court.

9-44      6.  If an offender assigned to the custody of the Division

9-45  pursuant to this section violates any of the terms or conditions

10-1  imposed by the reentry court and is returned to the custody of the

10-2  Department, the offender forfeits all or part of the credits for good

10-3  behavior earned by him before he was returned to the custody of the

10-4  Department, as determined by the Director. The Director may

10-5  provide for a forfeiture of credits pursuant to this subsection only

10-6  after proof of the violation and notice is given to the offender. The

10-7  Director may restore credits so forfeited for such reasons as he

10-8  considers proper. The decision of the Director regarding such a

10-9  forfeiture is final.

10-10     7.  The assignment of an offender to the custody of the Division

10-11  pursuant to this section shall be deemed:

10-12     (a) A continuation of his imprisonment and not a release on

10-13  parole; and

10-14     (b) For the purposes of NRS 209.341, an assignment to a facility

10-15  of the Department,

10-16  except that the offender is not entitled to obtain any benefits or to

10-17  participate in any programs provided to offenders in the custody of

10-18  the Department.

10-19     8.  An offender does not have a right to be assigned to the

10-20  custody of the Division pursuant to this section, or to remain in that

10-21  custody after such an assignment. It is not intended that the

10-22  establishment or operation of a judicial program creates any right or

10-23  interest in liberty or property or establishes a basis for any cause of

10-24  action against the State of Nevada, its political subdivisions,

10-25  agencies, boards, commissions, departments, officers or employees.

10-26     Sec. 14.  NRS 209.4889 is hereby amended to read as follows:

10-27     209.4889  1.  The Director may, after consulting with the

10-28  Division, enter into one or more contracts with one or more public

10-29  or private entities to provide any of the following services, as

10-30  necessary and appropriate, to offenders or parolees participating in a

10-31  correctional or judicial program:

10-32     (a) Transitional housing;

10-33     (b) Treatment pertaining to substance abuse or mental health;

10-34     (c) Training in life skills;

10-35     (d) Vocational rehabilitation and job skills training; and

10-36     (e) Any other services required by offenders or parolees who are

10-37  participating in a correctional or judicial program.

10-38     2.  The Director shall, as necessary and appropriate, provide

10-39  referrals and information regarding:

10-40     (a) Any of the services provided pursuant to subsection 1;

10-41     (b) Access and availability of any appropriate self-help groups;

10-42     (c) Social services for families and children; and

10-43     (d) Permanent housing.

11-1      3.  The Director may apply for and accept any gift, donation,

11-2  bequest, grant or other source of money to carry out the provisions

11-3  of this section.

11-4      4.  As used in this section, “training in life skills” includes,

11-5  without limitation, training in the areas of:

11-6      (a) Parenting;

11-7      (b) Improving human relationships;

11-8      (c) Preventing domestic violence;

11-9      (d) Maintaining emotional and physical health;

11-10     (e) Preventing abuse of alcohol and drugs;

11-11     (f) Preparing for and obtaining employment; and

11-12     (g) Budgeting, consumerism and personal finances.

11-13     Sec. 15.  NRS 212.187 is hereby amended to read as follows:

11-14     212.187  1.  A prisoner who is in lawful custody or

11-15  confinement, other than in the custody of the Division of Parole and

11-16  Probation of the Department of Public Safety pursuant to NRS

11-17  209.4886 or section 4 of this act or residential confinement, and

11-18  who voluntarily engages in sexual conduct with another person is

11-19  guilty of a category D felony and shall be punished as provided in

11-20  NRS 193.130.

11-21     2.  A person who voluntarily engages in sexual conduct with a

11-22  prisoner who is in lawful custody or confinement, other than in the

11-23  custody of the Division of Parole and Probation of the Department

11-24  of Public Safety pursuant to NRS 209.4886 or section 4 of this act

11-25  or residential confinement, is guilty of a category D felony and shall

11-26  be punished as provided in NRS 193.130.

11-27     3.  As used in this section, “sexual conduct”:

11-28     (a) Includes acts of masturbation, homosexuality, sexual

11-29  intercourse or physical contact with another person’s clothed or

11-30  unclothed genitals or pubic area to arouse, appeal to or gratify the

11-31  sexual desires of a person.

11-32     (b) Does not include acts of a person who has custody of a

11-33  prisoner or an employee of the institution in which the prisoner is

11-34  confined that are performed to carry out the necessary duties of such

11-35  a person or employee.

11-36     Sec. 16.  Chapter 213 of NRS is hereby amended by adding

11-37  thereto the provisions set forth as sections 17 to 25, inclusive, of this

11-38  act.

11-39     Sec. 17.  As used in NRS 213.300 to 213.360, inclusive, and

11-40  sections 17 to 21, inclusive, of this act, unless the context

11-41  otherwise requires, the words and terms defined in sections 18, 19

11-42  and 20 of this act have the meanings ascribed to them in those

11-43  sections.

11-44     Sec. 18.  “Department” means the Department of

11-45  Corrections.

12-1      Sec. 19.  “Director” means the Director of the Department.

12-2      Sec. 20.  “Program” means a program of work release that is

12-3  established by the Department pursuant to NRS 213.300.

12-4      Sec. 21.  1.  As an alternative to quartering an offender

12-5  pursuant to NRS 213.300, the Director may order an offender into

12-6  residential confinement during the period the offender is enrolled

12-7  in the program.

12-8      2.  The Director may establish, and at any time modify, the

12-9  terms and conditions of the residential confinement.

12-10     3.  At the discretion of the Director, an electronic device

12-11  approved by the Director may be used to supervise an offender if it

12-12  is minimally intrusive and limited in capability to recording or

12-13  transmitting information concerning the offender’s presence at

12-14  his residence, including, but not limited to, the transmission of still

12-15  visual images which do not concern the offender’s activities while

12-16  inside his residence. A device which is capable of recording or

12-17  transmitting:

12-18     (a) Oral or wire communications or any auditory sound; or

12-19     (b) Information concerning the offender’s activities while

12-20  inside his residence,

12-21  must not be used.

12-22     4.  If an electronic device is used to supervise an offender

12-23  pursuant to subsection 3, the Director may require the offender to

12-24  pay for the cost of using the electronic device, to the extent of his

12-25  ability to pay.

12-26     5.  As used in this section, “residential confinement” means

12-27  the confinement of an offender to his place of residence under the

12-28  terms and conditions established by the Director.

12-29     Sec. 22.  “Correctional program” means a program for

12-30  reentry of prisoners and parolees into the community that is

12-31  established by the Director pursuant to section 3 of this act.

12-32     Sec. 23.  “Director” means the Director of the Department of

12-33  Corrections.

12-34     Sec. 24.  1.  Except as otherwise provided in this section, if a

12-35  correctional program has been established by the Director in the

12-36  county in which a prisoner or parolee may be paroled, the

12-37  Chairman of the Board may, after consulting with the Division,

12-38  refer a prisoner who is being considered for parole or a parolee

12-39  who has violated a term or condition of his parole to the Director

12-40  if the Chairman believes that the person:

12-41     (a) Would participate successfully in and benefit from a

12-42  correctional program; and

12-43     (b) Has demonstrated a willingness to:

12-44         (1) Engage in employment or participate in vocational

12-45  rehabilitation or job skills training; and

13-1          (2) Meet any existing obligation for restitution to any victim

13-2  of his crime.

13-3      2.  Except as otherwise provided in this section, if the

13-4  Chairman is notified by the Director pursuant to section 3 of this

13-5  act that a person should be ordered to participate in a correctional

13-6  program, the Board may, in accordance with the provisions of this

13-7  section:

13-8      (a) If the person is a prisoner who is being considered for

13-9  parole, upon the granting of parole to the prisoner, require as a

13-10  condition of parole that the person participate in and complete the

13-11  correctional program; or

13-12     (b) If the person is a parolee who has violated a term or

13-13  condition of his parole, order him to participate in and complete

13-14  the correctional program as a condition of the continuation of his

13-15  parole and in lieu of revoking his parole and returning him to

13-16  confinement.

13-17     3.  If a prisoner who has been assigned to the custody of the

13-18  Division to participate in a correctional program pursuant to

13-19  section 4 of this act is being considered for parole:

13-20     (a) The Board shall, if the Board grants parole to the prisoner,

13-21  require as a condition of parole that the person continue to

13-22  participate in and complete the correctional program.

13-23     (b) The Board is not required to refer the prisoner to the

13-24  Director pursuant to subsection 1 or to obtain prior approval of

13-25  the Director pursuant to section 3 of this act for the prisoner to

13-26  continue participating in the correctional program while he is on

13-27  parole.

13-28     4.  In determining whether to order a person to participate in

13-29  and complete a correctional program pursuant to this section, the

13-30  Board shall consider:

13-31     (a) The criminal history of the person; and

13-32     (b) The safety of the public.

13-33     5.  The Board shall adopt regulations requiring persons who

13-34  are ordered to participate in and complete a correctional program

13-35  pursuant to this section to reimburse the Department of

13-36  Corrections and the Division for the cost of their participation in a

13-37  correctional program, to the extent of their ability to pay.

13-38     6.  The Board shall not order a person to participate in a

13-39  correctional program if the time required to complete the

13-40  correctional program is longer than the unexpired maximum term

13-41  of the person’s original sentence.

13-42     Sec. 25.  1.  If the Director determines that a parolee has

13-43  violated a term or condition of his participation in the correctional

13-44  program or a term or condition of his parole, the Director shall

13-45  report the violation to the Board.

14-1      2.  If a violation of a term or condition of parole is reported to

14-2  the Board pursuant to this section, the Board shall proceed in the

14-3  manner provided in this chapter for any other violation of a term

14-4  or condition of parole.

14-5      Sec. 26.  NRS 213.300 is hereby amended to read as follows:

14-6      213.300  1.  The Department [of Corrections] shall establish

14-7  and administer a program of work release under which a person

14-8  sentenced to a term of imprisonment in an institution of the

14-9  Department may be granted the privilege of leaving secure custody

14-10  during necessary and reasonable hours to:

14-11     (a) Work in this state at gainful private employment that has

14-12  been approved by the Director [of the Department] for that purpose.

14-13     (b) Obtain in this state additional education, including

14-14  vocational, technical and general education.

14-15     2.  The program may also include temporary leave for the

14-16  purpose of seeking employment in this state.

14-17     3.  The Director is responsible for the quartering and

14-18  supervision of offenders enrolled in the program.

14-19     Sec. 27.  NRS 213.310 is hereby amended to read as follows:

14-20     213.310  1.  The Director [of the Department of Corrections]

14-21  shall, by appropriate means of classification and selection,

14-22  determine which of the offenders, during the last 6 months’

14-23  confinement, are suitable for the program , [of work release,]

14-24  excluding those sentenced to life imprisonment who are not eligible

14-25  for parole and those imprisoned for violations of chapter 201 of

14-26  NRS who have not been certified by the designated board as eligible

14-27  for parole.

14-28     2.  The Director shall then select the names of those offenders

14-29  he determines to be eligible for the program.

14-30     Sec. 28.  NRS 213.315 is hereby amended to read as follows:

14-31     213.315  1.  Except as otherwise provided in this section, an

14-32  offender who is illiterate is not eligible to participate in a program

14-33  [of work release] unless:

14-34     (a) He is regularly attending and making satisfactory progress in

14-35  a program for general education; or

14-36     (b) The Director, for good cause, determines that the limitation

14-37  on eligibility should be waived under the circumstances with respect

14-38  to a particular offender.

14-39     2.  An offender whose:

14-40     (a) Native language is not English;

14-41     (b) Ability to read and write in his native language is at or above

14-42  the level of literacy designated by the Board of State Prison

14-43  Commissioners in its regulations; and

15-1      (c) Ability to read and write the English language is below the

15-2  level of literacy designated by the Board of State Prison

15-3  Commissioners in its regulations,

15-4  may not be assigned to an industrial or a vocational program unless

15-5  he is regularly attending and making satisfactory progress in a

15-6  course which teaches English as a second language or the Director,

15-7  for good cause, determines that the limitation on eligibility should

15-8  be waived under the circumstances with respect to a particular

15-9  offender.

15-10     3.  Upon written documentation that an illiterate offender has a

15-11  developmental, learning or other similar disability which affects his

15-12  ability to learn, the Director [of the Department of Corrections]

15-13  may:

15-14     (a) Adapt or create an educational program or guidelines for

15-15  evaluating the educational progress of the offender to meet his

15-16  particular needs; or

15-17     (b) Exempt the offender from the required participation in an

15-18  educational program prescribed by this section.

15-19     4.  The provisions of this section do not apply to an offender

15-20  who:

15-21     (a) Presents satisfactory evidence that he has a high school or

15-22  general equivalency diploma; or

15-23     (b) Is admitted into a program [of work release] for the purpose

15-24  of obtaining additional education in this state.

15-25     5.  As used in this section, “illiterate” means having an ability

15-26  to read and write that is below the level of literacy designated by the

15-27  Board of State Prison Commissioners in its regulations.

15-28     Sec. 29.  NRS 213.320 is hereby amended to read as follows:

15-29     213.320  1.  The Director [of the Department of Corrections]

15-30  shall administer the program [of work release] and shall:

15-31     (a) [Locate] Refer offenders to employers who offer

15-32  employment or to employment agencies that locate employment for

15-33  qualified applicants;

15-34     (b) Effect placement of offenders under the program; [and]

15-35     (c) Impose appropriate terms of conduct and reporting by the

15-36  offender while enrolled in the program; and

15-37     (d) Generally promote public understanding and acceptance of

15-38  the program.

15-39     2.  All state agencies shall cooperate with the Director in

15-40  carrying out this section to such extent as is consistent with their

15-41  other lawful duties.

15-42     3.  The Director shall adopt rules for administering the

15-43  program.

 

 

16-1      Sec. 30.  NRS 213.330 is hereby amended to read as follows:

16-2      213.330  1.  The salaries or wages of an offender employed

16-3  pursuant to the [work release program shall] program must be

16-4  disbursed in the following order:

16-5      (a) To pay the cost of quartering, feeding and clothing the

16-6  offender[.] , unless the offender is ordered into residential

16-7  confinement pursuant to section 21 of this act during the period

16-8  the offender is enrolled in the program.

16-9      (b) To allow the offender necessary travel expense to and from

16-10  work and his other incidental expenses.

16-11     (c) To support the offender’s dependents.

16-12     (d) To pay, either in full or ratably, the offender’s obligations

16-13  which have been acknowledged by him in writing or which have

16-14  been reduced to judgment.

16-15     2.  Any balance of an offender’s wages remaining after all

16-16  disbursements have been made pursuant to subsection 1 [shall] must

16-17  be paid to the offender upon his release from custody.

16-18     Sec. 31.  NRS 213.340 is hereby amended to read as follows:

16-19     213.340  1.  The Director [of the Department of Corrections]

16-20  may contract with private persons, nonprofit organizations or the

16-21  governing bodies of political subdivisions in this state for quartering

16-22  in suitable local facilities the offenders enrolled in [programs of

16-23  work release.] a program. Each such facility must satisfy standards

16-24  established by the Director . [to assure secure custody of offenders

16-25  quartered therein.]

16-26     2.  The Director shall not enroll any offender in the program [of

16-27  work release] unless he has determined that suitable facilities for

16-28  quartering the offender are available in the locality where the

16-29  offender has employment or the offer of employment.

16-30     Sec. 32.  NRS 213.350 is hereby amended to read as follows:

16-31     213.350  1.  An offender enrolled in the program [of work

16-32  release] is not an agent, employee or servant of the Department [of

16-33  Corrections] while he is:

16-34     (a) Working in the program or seeking such employment; or

16-35     (b) Going to such employment from the place where he is

16-36  quartered or returning therefrom.

16-37     2.  An offender enrolled in the program is considered to be an

16-38  offender in an institution of the Department . [of Corrections.]

16-39     Sec. 33.  NRS 213.360 is hereby amended to read as follows:

16-40     213.360  1.  The Director [of the Department of Corrections]

16-41  may immediately terminate any offender’s enrollment in the

16-42  program [of work release] and transfer him to an institution of the

16-43  Department [of Corrections] if, in his judgment, the best interests of

16-44  the State or the offender require such action.

17-1      2.  If an offender enrolled in the program is absent from his

17-2  place of employment or his designated quarters without a reason

17-3  acceptable to the Director, the offender’s absence:

17-4      (a) Immediately terminates his enrollment in the program.

17-5      (b) Constitutes an escape from prison, and the offender shall be

17-6  punished as provided in NRS 212.090.

17-7      Sec. 34.  NRS 213.600 is hereby amended to read as follows:

17-8      213.600  As used in NRS 213.600 to 213.635, inclusive, and

17-9  sections 22 to 25, inclusive, of this act, unless the context otherwise

17-10  requires, the words and terms defined in NRS 213.605 to 213.620,

17-11  inclusive, and sections 22 and 23 of this act have the meanings

17-12  ascribed to them in those sections.

17-13     Sec. 35.  NRS 213.615 is hereby amended to read as follows:

17-14     213.615  [“Program”] “Judicial program” means a program for

17-15  reentry of prisoners and parolees into the community that is

17-16  established in a judicial district pursuant to NRS 209.4883.

17-17     Sec. 36.  NRS 213.620 is hereby amended to read as follows:

17-18     213.620  “Reentry court” means the court in a judicial district

17-19  that has established a judicial program.

17-20     Sec. 37.  NRS 213.625 is hereby amended to read as follows:

17-21     213.625  1.  Except as otherwise provided in this section, if a

17-22  judicial program has been established in the judicial district in

17-23  which a prisoner or parolee may be paroled, the Chairman of the

17-24  Board may, after consulting with the Division, refer a prisoner who

17-25  is being considered for parole or a parolee who has violated a term

17-26  or condition of his parole to the reentry court if the chairman

17-27  believes that the person:

17-28     (a) Would participate successfully in and benefit from a judicial

17-29  program; and

17-30     (b) Has demonstrated a willingness to:

17-31         (1) Engage in employment or participate in vocational

17-32  rehabilitation or job skills training; and

17-33         (2) Meet any existing obligation for restitution to any victim

17-34  of his crime.

17-35     2.  Except as otherwise provided in this section, if the Chairman

17-36  is notified by the reentry court pursuant to NRS 209.4883 that a

17-37  person should be ordered to participate in a judicial program, the

17-38  Board may, in accordance with the provisions of this section:

17-39     (a) If the person is a prisoner who is being considered for parole,

17-40  upon the granting of parole to the prisoner, require as a condition of

17-41  parole that the person participate in and complete the judicial

17-42  program; or

17-43     (b) If the person is a parolee who has violated a term or

17-44  condition of his parole, order him to participate in and complete the

18-1  judicial program as a condition of the continuation of his parole and

18-2  in lieu of revoking his parole and returning him to confinement.

18-3      3.  If a prisoner who has been assigned to the custody of the

18-4  Division to participate in a judicial program pursuant to NRS

18-5  209.4886 is being considered for parole:

18-6      (a) The Board shall, if the Board grants parole to the prisoner,

18-7  require as a condition of parole that the person continue to

18-8  participate in and complete the judicial program.

18-9      (b) The Board is not required to refer the prisoner to the reentry

18-10  court pursuant to subsection 1 or to obtain prior approval of the

18-11  reentry court pursuant to NRS 209.4883 for the prisoner to continue

18-12  participating in the judicial program while he is on parole.

18-13     4.  In determining whether to order a person to participate in

18-14  and complete a judicial program pursuant to this section, the Board

18-15  shall consider:

18-16     (a) The criminal history of the person; and

18-17     (b) The safety of the public.

18-18     5.  The Board shall adopt regulations requiring persons who are

18-19  ordered to participate in and complete a judicial program pursuant

18-20  to this section to reimburse the reentry court and the Division for the

18-21  cost of their participation in a judicial program, to the extent of their

18-22  ability to pay.

18-23     6.  The Board shall not order a person to participate in a

18-24  judicial program if the time required to complete the judicial

18-25  program is longer than the unexpired maximum term of the person’s

18-26  original sentence.

18-27     Sec. 38.  NRS 213.630 is hereby amended to read as follows:

18-28     213.630  1.  If the reentry court determines that a parolee has

18-29  violated a term or condition of his participation in the judicial

18-30  program or a term or condition of his parole, the court may:

18-31     (a) Establish and impose any appropriate sanction for the

18-32  violation; and

18-33     (b) If necessary, report the violation to the Board.

18-34     2.  If a violation of a term or condition of parole is reported to

18-35  the Board pursuant to this section, the Board shall proceed in the

18-36  manner provided in this chapter for any other violation of a term or

18-37  condition of parole.

18-38     Sec. 39.  NRS 213.635 is hereby amended to read as follows:

18-39     213.635  The Division shall supervise each person who is

18-40  participating in a correctional or judicial program pursuant to NRS

18-41  209.4886 or 213.625[.] or section 4 or 24 of this act.

18-42     Sec. 40.  NRS 179.259 is hereby amended to read as follows:

18-43     179.259  1.  Except as otherwise provided in subsections 3 and

18-44  4, 5 years after an eligible person completes a program for reentry,

18-45  the court may order sealed all documents, papers and exhibits in the

19-1  eligible person’s record, minute book entries and entries on dockets,

19-2  and other documents relating to the case in the custody of such other

19-3  agencies and officers as are named in the court’s order. The court

19-4  may order those records sealed without a hearing unless the

19-5  Division of Parole and Probation of the Department of Public Safety

19-6  petitions the court, for good cause shown, not to seal the records and

19-7  requests a hearing thereon.

19-8      2.  If the court orders sealed the record of an eligible person, the

19-9  court shall send a copy of the order to each agency or officer named

19-10  in the order. Each such agency or officer shall notify the court in

19-11  writing of its compliance with the order.

19-12     3.  A professional licensing board is entitled, for the purpose of

19-13  determining suitability for a license or liability to discipline for

19-14  misconduct, to inspect and to copy from a record sealed pursuant to

19-15  this section.

19-16     4.  A person may not petition the court to seal records relating

19-17  to a conviction of a crime against a child or a sexual offense.

19-18     5.  As used in this section:

19-19     (a) “Crime against a child” has the meaning ascribed to it in

19-20  NRS 179D.210.

19-21     (b) “Eligible person” means a person who has:

19-22         (1) Successfully completed a program for reentry to which he

19-23  participated in pursuant to NRS 209.4886 or 213.625[;] or section 4

19-24  or 24 of this act; and

19-25         (2) Been convicted of a single offense which was punishable

19-26  as a felony and which did not involve the use or threatened use of

19-27  force or violence against the victim. For the purposes of this

19-28  subparagraph, multiple convictions for an offense punishable as a

19-29  felony shall be deemed to constitute a single offense if those

19-30  offenses arose out of the same transaction or occurrence.

19-31     (c) “Program for reentry” means [a] :

19-32         (1) A correctional program for reentry of prisoners and

19-33  parolees into the community that is established by the Director of

19-34  the Department of Corrections pursuant to section 3 of this act; or

19-35         (2) A judicial program for reentry of prisoners and parolees

19-36  into the community that is established in a judicial district pursuant

19-37  to NRS 209.4883.

19-38     (d) “Sexual offense” has the meaning ascribed to it in paragraph

19-39  (b) of subsection 7 of NRS 179.245.

 

19-40  H