(Reprinted with amendments adopted on April 21, 2003)

 

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 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.

 

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 in the custody of the

2-2  Department are suitable 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 23 of this act are suitable to participate in a correctional

2-6  program as a condition of their parole.

2-7  (c) Request that the Chairman of the State Board of Parole

2-8  Commissioners assign to a correctional program offenders and

2-9  parolees determined by the Director to be suitable to participate in

2-10  a correctional program, under the terms and conditions agreed

2-11  upon by the Director and the Chairman, including, if appropriate,

2-12  supervision of the offenders and parolees by the Division during

2-13  their participation in the correctional program.

2-14      3.  An offender or parolee may not be assigned to the custody

2-15  of the Division to participate in a correctional program unless the

2-16  Director grants prior approval of the assignment pursuant to this

2-17  section.

2-18      Sec. 4.  1.  Except as otherwise provided in this section, if a

2-19  correctional program has been established by the Director in the

2-20  county in which an offender was sentenced to imprisonment, the

2-21  Director may, after consulting with the Division, determine that an

2-22  offender is suitable to participate in the correctional program if:

2-23      (a) The Director believes that the offender would participate

2-24  successfully in and benefit from the correctional program;

2-25      (b) The offender has demonstrated a willingness to:

2-26          (1) Engage in employment or participate in vocational

2-27  rehabilitation or job skills training; and

2-28          (2) Meet any existing obligation for restitution to any victim

2-29  of his crime; and

2-30      (c) The offender is within 2 years of his probable release from

2-31  prison, as determined by the Director.

2-32      2.  Except as otherwise provided in this section, if the Director

2-33  determines that an offender is suitable to participate in the

2-34  correctional program, the Director shall request that the

2-35  Chairman of the State Board of Parole Commissioners assign

2-36  the offender to the custody of the Division to participate in the

2-37  correctional program. The Chairman may assign the offender to

2-38  the custody of the Division to participate in the correctional

2-39  program for not longer than the remainder of his sentence.

2-40      3.  The Director shall, by regulation, adopt standards setting

2-41  forth which offenders are suitable to participate in the

2-42  correctional program pursuant to this section. The standards

2-43  adopted by the Director must be approved by the Board and must

2-44  provide that an offender who:

3-1  (a) Has recently committed a serious infraction of the rules of

3-2  an institution or facility of the Department;

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

3-4  and orderly manner;

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

3-6  convicted of any crime involving the use or threatened use of force

3-7  or violence against a victim that is punishable as a felony;

3-8  (d) Has ever been convicted of a sexual offense;

3-9  (e) Has escaped or attempted to escape from any jail or

3-10  correctional institution for adults; or

3-11      (f) Has not made an effort in good faith to participate in or to

3-12  complete any educational or vocational program or any program

3-13  of treatment, as ordered by the Director,

3-14  is not eligible for assignment to the custody of the Division

3-15  pursuant to this section to participate in a correctional program.

3-16      4.  The Director shall adopt regulations requiring offenders

3-17  who are assigned to the custody of the Division pursuant to this

3-18  section to reimburse the Division and the Department for the cost

3-19  of their participation in a correctional program, to the extent of

3-20  their ability to pay.

3-21      5.  The Director may return the offender to the custody of the

3-22  Department at any time for any violation of the terms and

3-23  conditions agreed upon by the Director and the Chairman.

3-24      6.  If an offender assigned to the custody of the Division

3-25  pursuant to this section violates any of the terms or conditions

3-26  agreed upon by the Director and the Chairman and is returned to

3-27  the custody of the Department, the offender forfeits all or part of

3-28  the credits for good behavior earned by him before he was

3-29  returned to the custody of the Department, as determined by the

3-30  Director. The Director may provide for a forfeiture of credits

3-31  pursuant to this subsection only after proof of the violation and

3-32  notice is given to the offender. The Director may restore credits so

3-33  forfeited for such reasons as he considers proper. The decision of

3-34  the Director regarding such a forfeiture is final.

3-35      7.  The assignment of an offender to the custody of the

3-36  Division pursuant to this section shall be deemed:

3-37      (a) A continuation of his imprisonment and not a release on

3-38  parole; and

3-39      (b) For the purposes of NRS 209.341, an assignment to a

3-40  facility of the Department,

3-41  except that the offender is not entitled to obtain any benefits or to

3-42  participate in any programs provided to offenders in the custody of

3-43  the Department.

3-44      8.  An offender does not have a right to be assigned to the

3-45  custody of the Division pursuant to this section, or to remain in

4-1  that custody after such an assignment. It is not intended that the

4-2  establishment or operation of a correctional program creates any

4-3  right or interest in liberty or property or establishes a basis for any

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

4-5  subdivisions, agencies, boards, commissions, departments, officers

4-6  or employees.

4-7  Sec. 5.  NRS 209.3925 is hereby amended to read as follows:

4-8  209.3925  1.  Except as otherwise provided in subsection 6,

4-9  the Director may assign an offender to the custody of the Division

4-10  of Parole and Probation of the Department of Public Safety to serve

4-11  a term of residential confinement pursuant to NRS 213.380 [,] or

4-12  other appropriate supervision as determined by the Division of

4-13  Parole and Probation, for not longer than the remainder of his

4-14  sentence, if:

4-15      (a) The Director has reason to believe that the offender is:

4-16          (1) Physically incapacitated or in ill health to such a degree

4-17  that he does not presently, and likely will not in the future, pose a

4-18  threat to the safety of the public; [or]

4-19          (2) In ill health and expected to die within 12 months, and

4-20  does not presently, and likely will not in the future, pose a threat to

4-21  the safety of the public; or

4-22          (3) Pregnant upon imprisonment; and

4-23      (b) At least two physicians licensed pursuant to chapter 630 of

4-24  NRS, one of whom is not employed by the Department, verify, in

4-25  writing, that the offender is:

4-26          (1) Physically incapacitated[;] or in ill health;

4-27          (2) In ill health and expected to die within 12 months[.] ; or

4-28          (3) Pregnant upon imprisonment.

4-29      2.  If the Director intends to assign an offender to the custody of

4-30  the Division of Parole and Probation pursuant to this section, at least

4-31  45 days before the date the offender is expected to be released from

4-32  the custody of the Department, the Director shall notify:

4-33      (a) If the offender will reside within this state after he is released

4-34  from the custody of the Department, the board of county

4-35  commissioners of the county in which the offender will reside; and

4-36      (b) The Division of Parole and Probation.

4-37      3.  If any victim of a crime committed by the offender has,

4-38  pursuant to subsection 4 of NRS 213.130, requested to be notified of

4-39  the consideration of a prisoner for parole and has provided a current

4-40  address, the Division of Parole and Probation shall notify the victim

4-41  that:

4-42      (a) The Director intends to assign the offender to the custody of

4-43  the Division of Parole and Probation pursuant to this section; and

4-44      (b) The victim may submit documents to the Division of Parole

4-45  and Probation regarding such an assignment.

5-1  If a current address has not been provided by a victim as required by

5-2  subsection 4 of NRS 213.130, the Division of Parole and Probation

5-3  must not be held responsible if notification is not received by the

5-4  victim. All personal information, including, but not limited to, a

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

5-6  received by the Division of Parole and Probation pursuant to this

5-7  subsection is confidential.

5-8  4.  If an offender assigned to the custody of the Division of

5-9  Parole and Probation pursuant to this section escapes or violates any

5-10  of the terms or conditions of his residential confinement [:] or other

5-11  appropriate supervision as determined by the Division of Parole

5-12  and Probation:

5-13      (a) The Division of Parole and Probation may, pursuant to the

5-14  procedure set forth in NRS 213.410, return the offender to the

5-15  custody of the Department.

5-16      (b) The offender forfeits all or part of the credits for good

5-17  behavior earned by him before the escape or violation, as

5-18  determined by the Director. The Director may provide for a

5-19  forfeiture of credits pursuant to this paragraph only after proof of the

5-20  offense and notice to the offender and may restore credits forfeited

5-21  for such reasons as he considers proper. The decision of the Director

5-22  regarding such a forfeiture is final.

5-23      5.  The assignment of an offender to the custody of the Division

5-24  of Parole and Probation pursuant to this section shall be deemed:

5-25      (a) A continuation of his imprisonment and not a release on

5-26  parole; and

5-27      (b) For the purposes of NRS 209.341, an assignment to a facility

5-28  of the Department,

5-29  except that the offender is not entitled to obtain any benefits or to

5-30  participate in any programs provided to offenders in the custody of

5-31  the Department.

5-32      6.  The Director may not assign an offender to the custody of

5-33  the Division of Parole and Probation pursuant to this section if the

5-34  offender is sentenced to death or imprisonment for life without the

5-35  possibility of parole.

5-36      7.  An offender does not have a right to be assigned to the

5-37  custody of the Division of Parole and Probation pursuant to this

5-38  section, or to remain in that custody after such an assignment, and it

5-39  is not intended that the provisions of this section or of NRS 213.371

5-40  to 213.410, inclusive, create any right or interest in liberty or

5-41  property or establish a basis for any cause of action against the

5-42  State, its political subdivisions, agencies, boards, commissions,

5-43  departments, officers or employees.

 

 

6-1  Sec. 6.  NRS 209.432 is hereby amended to read as follows:

6-2  209.432  As used in NRS 209.432 to 209.451, inclusive, unless

6-3  the context otherwise requires:

6-4  1.  “Offender” includes:

6-5  (a) A person who is convicted of a felony under the laws of this

6-6  state and sentenced, ordered or otherwise assigned to serve a term of

6-7  residential confinement.

6-8  (b) A person who is convicted of a felony under the laws of this

6-9  state and assigned to the custody of the Division of Parole and

6-10  Probation of the Department of Public Safety pursuant to NRS

6-11  209.4886[.] or section 4 of this act.

6-12      2.  “Residential confinement” means the confinement of a

6-13  person convicted of a felony to his place of residence under the

6-14  terms and conditions established pursuant to specific statute. The

6-15  term does not include any confinement ordered pursuant to NRS

6-16  176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive,

6-17  213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

6-18      Sec. 7.  NRS 209.446 is hereby amended to read as follows:

6-19      209.446  1.  Every offender who is sentenced to prison for a

6-20  crime committed on or after July 1, 1985, but before July 17, 1997,

6-21  who has no serious infraction of the regulations of the Department,

6-22  the terms and conditions of his residential confinement, or the laws

6-23  of the State recorded against him, and who performs in a faithful,

6-24  orderly and peaceable manner the duties assigned to him, must be

6-25  allowed:

6-26      (a) For the period he is actually incarcerated under sentence;

6-27      (b) For the period he is in residential confinement; and

6-28      (c) For the period he is in the custody of the Division of Parole

6-29  and Probation of the Department of Public Safety pursuant to NRS

6-30  209.4886[,] or section 4 of this act,

6-31  a deduction of 10 days from his sentence for each month he serves.

6-32      2.  In addition to the credit provided for in subsection 1, the

6-33  Director may allow not more than 10 days of credit each month for

6-34  an offender whose diligence in labor and study merits such credits.

6-35  In addition to the credits allowed pursuant to this subsection, an

6-36  offender is entitled to the following credits for educational

6-37  achievement:

6-38      (a) For earning a general equivalency diploma, 30 days.

6-39      (b) For earning a high school diploma, 60 days.

6-40      (c) For earning an associate degree, 90 days.

6-41      3.  The Director may allow not more than 10 days of credit each

6-42  month for an offender who participates in a diligent and responsible

6-43  manner in a center for the purpose of making restitution,

6-44  conservation camp, program of work release or another program

6-45  conducted outside of the prison. An offender who earns credit

7-1  pursuant to this subsection is entitled to the entire 20 days of credit

7-2  each month which is authorized in subsections 1 and 2.

7-3  4.  The Director may allow not more than 90 days of credit each

7-4  year for an offender who engages in exceptional meritorious service.

7-5  5.  The Board shall adopt regulations governing the award,

7-6  forfeiture and restoration of credits pursuant to this section.

7-7  6.  Credits earned pursuant to this section:

7-8  (a) Must be deducted from the maximum term imposed by the

7-9  sentence; and

7-10      (b) Apply to eligibility for parole unless the offender was

7-11  sentenced pursuant to a statute which specifies a minimum sentence

7-12  which must be served before a person becomes eligible for parole.

7-13      Sec. 8.  NRS 209.4465 is hereby amended to read as follows:

7-14      209.4465  1.  An offender who is sentenced to prison for a

7-15  crime committed on or after July 17, 1997, who has no serious

7-16  infraction of the regulations of the Department, the terms and

7-17  conditions of his residential confinement or the laws of the State

7-18  recorded against him, and who performs in a faithful, orderly and

7-19  peaceable manner the duties assigned to him, must be allowed:

7-20      (a) For the period he is actually incarcerated pursuant to his

7-21  sentence;

7-22      (b) For the period he is in residential confinement; and

7-23      (c) For the period he is in the custody of the Division of Parole

7-24  and Probation of the Department of Public Safety pursuant to NRS

7-25  209.4886[,] or section 4 of this act,

7-26  a deduction of 10 days from his sentence for each month he serves.

7-27      2.  In addition to the credits allowed pursuant to subsection 1,

7-28  the Director may allow not more than 10 days of credit each month

7-29  for an offender whose diligence in labor and study merits such

7-30  credits. In addition to the credits allowed pursuant to this subsection,

7-31  an offender is entitled to the following credits for educational

7-32  achievement:

7-33      (a) For earning a general equivalency diploma, 30 days.

7-34      (b) For earning a high school diploma, 60 days.

7-35      (c) For earning his first associate degree, 90 days.

7-36      3.  The Director may, in his discretion, authorize an offender to

7-37  receive a maximum of 90 days of credit for each additional degree

7-38  of higher education earned by the offender.

7-39      4.  The Director may allow not more than 10 days of credit each

7-40  month for an offender who participates in a diligent and responsible

7-41  manner in a center for the purpose of making restitution,

7-42  conservation camp, program of work release or another program

7-43  conducted outside of the prison. An offender who earns credit

7-44  pursuant to this subsection is eligible to earn the entire 20 days of

7-45  credit each month that is allowed pursuant to subsections 1 and 2.

8-1  5.  The Director may allow not more than 90 days of credit each

8-2  year for an offender who engages in exceptional meritorious service.

8-3  6.  The Board shall adopt regulations governing the award,

8-4  forfeiture and restoration of credits pursuant to this section.

8-5  7.  Credits earned pursuant to this section:

8-6  (a) Must be deducted from the maximum term imposed by the

8-7  sentence; and

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

8-9  sentenced pursuant to a statute which specifies a minimum sentence

8-10  that must be served before a person becomes eligible for parole.

8-11      Sec. 9.  NRS 209.4871 is hereby amended to read as follows:

8-12      209.4871  As used in NRS 209.4871 to 209.4889, inclusive,

8-13  and sections 2, 3 and 4 of this act, unless the context otherwise

8-14  requires, the words and terms defined in NRS 209.4874, 209.4877

8-15  and 209.488 and section 2 of this act have the meanings ascribed to

8-16  them in those sections.

8-17      Sec. 10.  NRS 209.4877 is hereby amended to read as follows:

8-18      209.4877  [“Program”] “Judicial program” means a program

8-19  for reentry of [prisoners] offenders and parolees into the community

8-20  that is established in a judicial district pursuant to NRS 209.4883.

8-21      Sec. 11.  NRS 209.488 is hereby amended to read as follows:

8-22      209.488  “Reentry court” means the court in a judicial district

8-23  that has established a judicial program.

8-24      Sec. 12.  NRS 209.4883 is hereby amended to read as follows:

8-25      209.4883  1.  A judicial district may establish a judicial

8-26  program for reentry of offenders and parolees into the community

8-27  pursuant to this section.

8-28      2.  If a judicial district establishes a judicial program pursuant

8-29  to this section, the reentry court shall:

8-30      (a) Determine whether offenders who are referred by the

8-31  Director pursuant to NRS 209.4886 should be assigned to the

8-32  custody of the Division to participate in a judicial program.

8-33      (b) Determine whether parolees who are referred by the

8-34  Chairman of the State Board of Parole Commissioners pursuant to

8-35  NRS 213.625 should be ordered by the Board to participate in a

8-36  judicial program as a condition of their parole.

8-37      (c) Supervise offenders and parolees participating in the judicial

8-38  program during their participation in the judicial program.

8-39      3.  An offender may not be assigned to the custody of the

8-40  Division to participate in a judicial program unless the reentry court

8-41  grants prior approval of the assignment pursuant to this section.

8-42      4.  Except as otherwise provided in NRS 213.625, a parolee

8-43  may not participate in a judicial program as a condition of his parole

8-44  unless the reentry court grants prior approval for his participation

8-45  pursuant to this section.

9-1  Sec. 13.  NRS 209.4886 is hereby amended to read as follows:

9-2  209.4886  1.  Except as otherwise provided in this section, if a

9-3  judicial program has been established in the judicial district in

9-4  which an offender was sentenced to imprisonment, the Director

9-5  may, after consulting with the Division, refer the offender to the

9-6  reentry court if:

9-7  (a) The Director believes that the offender would participate

9-8  successfully in and benefit from the judicial program;

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

9-10          (1) Engage in employment or participate in vocational

9-11  rehabilitation or job skills training; and

9-12          (2) Meet any existing obligation for restitution to any victim

9-13  of his crime; and

9-14      (c) The offender is within 2 years of his probable release from

9-15  prison, as determined by the Director.

9-16      2.  Except as otherwise provided in this section, if the Director

9-17  is notified by the reentry court pursuant to NRS 209.4883 that an

9-18  offender should be assigned to the custody of the Division to

9-19  participate in the judicial program, the Director shall assign the

9-20  offender to the custody of the Division to participate in the judicial

9-21  program for not longer than the remainder of his sentence.

9-22      3.  The Director shall, by regulation, adopt standards setting

9-23  forth which offenders are eligible to be assigned to the custody of

9-24  the Division to participate in the judicial program pursuant to this

9-25  section. The standards adopted by the Director must be approved by

9-26  the Board and must provide that an offender who:

9-27      (a) Has recently committed a serious infraction of the rules of an

9-28  institution or facility of the Department;

9-29      (b) Has not performed the duties assigned to him in a faithful

9-30  and orderly manner;

9-31      (c) Has, within the immediately preceding 5 years, been

9-32  convicted of any crime involving the use or threatened use of force

9-33  or violence against a victim that is punishable as a felony;

9-34      (d) Has ever been convicted of a sexual offense;

9-35      (e) Has escaped or attempted to escape from any jail or

9-36  correctional institution for adults; or

9-37      (f) Has not made an effort in good faith to participate in or to

9-38  complete any educational or vocational program or any program of

9-39  treatment, as ordered by the Director,

9-40  is not eligible for assignment to the custody of the Division pursuant

9-41  to this section to participate in a judicial program.

9-42      4.  The Director shall adopt regulations requiring offenders who

9-43  are assigned to the custody of the Division pursuant to this section

9-44  to reimburse the reentry court, the Division and the Department for

10-1  the cost of their participation in a judicial program, to the extent of

10-2  their ability to pay.

10-3      5.  The reentry court may return the offender to the custody of

10-4  the Department at any time for any violation of the terms and

10-5  conditions imposed by the reentry court.

10-6      6.  If an offender assigned to the custody of the Division

10-7  pursuant to this section violates any of the terms or conditions

10-8  imposed by the reentry court and is returned to the custody of the

10-9  Department, the offender forfeits all or part of the credits for good

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

10-11  Department, as determined by the Director. The Director may

10-12  provide for a forfeiture of credits pursuant to this subsection only

10-13  after proof of the violation and notice is given to the offender. The

10-14  Director may restore credits so forfeited for such reasons as he

10-15  considers proper. The decision of the Director regarding such a

10-16  forfeiture is final.

10-17     7.  The assignment of an offender to the custody of the Division

10-18  pursuant to this section shall be deemed:

10-19     (a) A continuation of his imprisonment and not a release on

10-20  parole; and

10-21     (b) For the purposes of NRS 209.341, an assignment to a facility

10-22  of the Department,

10-23  except that the offender is not entitled to obtain any benefits or to

10-24  participate in any programs provided to offenders in the custody of

10-25  the Department.

10-26     8.  An offender does not have a right to be assigned to the

10-27  custody of the Division pursuant to this section, or to remain in that

10-28  custody after such an assignment. It is not intended that the

10-29  establishment or operation of a judicial program creates any right or

10-30  interest in liberty or property or establishes a basis for any cause of

10-31  action against the State of Nevada, its political subdivisions,

10-32  agencies, boards, commissions, departments, officers or employees.

10-33     Sec. 14.  NRS 209.4889 is hereby amended to read as follows:

10-34     209.4889  1.  The Director may, after consulting with the

10-35  Division, enter into one or more contracts with one or more public

10-36  or private entities to provide any of the following services, as

10-37  necessary and appropriate, to offenders or parolees participating in a

10-38  correctional or judicial program:

10-39     (a) Transitional housing;

10-40     (b) Treatment pertaining to substance abuse or mental health;

10-41     (c) Training in life skills;

10-42     (d) Vocational rehabilitation and job skills training; and

10-43     (e) Any other services required by offenders or parolees who are

10-44  participating in a correctional or judicial program.

11-1      2.  The Director shall, as necessary and appropriate, provide

11-2  referrals and information regarding:

11-3      (a) Any of the services provided pursuant to subsection 1;

11-4      (b) Access and availability of any appropriate self-help groups;

11-5      (c) Social services for families and children; and

11-6      (d) Permanent housing.

11-7      3.  The Director may apply for and accept any gift, donation,

11-8  bequest, grant or other source of money to carry out the provisions

11-9  of this section.

11-10     4.  As used in this section, “training in life skills” includes,

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

11-12     (a) Parenting;

11-13     (b) Improving human relationships;

11-14     (c) Preventing domestic violence;

11-15     (d) Maintaining emotional and physical health;

11-16     (e) Preventing abuse of alcohol and drugs;

11-17     (f) Preparing for and obtaining employment; and

11-18     (g) Budgeting, consumerism and personal finances.

11-19     Sec. 15.  NRS 212.187 is hereby amended to read as follows:

11-20     212.187  1.  A prisoner who is in lawful custody or

11-21  confinement, other than in the custody of the Division of Parole and

11-22  Probation of the Department of Public Safety pursuant to NRS

11-23  209.4886 or section 4 of this act or residential confinement, and

11-24  who voluntarily engages in sexual conduct with another person is

11-25  guilty of a category D felony and shall be punished as provided in

11-26  NRS 193.130.

11-27     2.  A person who voluntarily engages in sexual conduct with a

11-28  prisoner who is in lawful custody or confinement, other than in the

11-29  custody of the Division of Parole and Probation of the Department

11-30  of Public Safety pursuant to NRS 209.4886 or section 4 of this act

11-31  or residential confinement, is guilty of a category D felony and shall

11-32  be punished as provided in NRS 193.130.

11-33     3.  As used in this section, “sexual conduct”:

11-34     (a) Includes acts of masturbation, homosexuality, sexual

11-35  intercourse or physical contact with another person’s clothed or

11-36  unclothed genitals or pubic area to arouse, appeal to or gratify the

11-37  sexual desires of a person.

11-38     (b) Does not include acts of a person who has custody of a

11-39  prisoner or an employee of the institution in which the prisoner is

11-40  confined that are performed to carry out the necessary duties of such

11-41  a person or employee.

 

 

12-1      Sec. 16.  Chapter 213 of NRS is hereby amended by adding

12-2  thereto the provisions set forth as sections 17 to 24, inclusive, of this

12-3  act.

12-4      Sec. 17.  As used in NRS 213.300 to 213.360, inclusive, and

12-5  sections 17 to 20, inclusive, of this act, unless the context

12-6  otherwise requires, the words and terms defined in sections 18, 19

12-7  and 20 of this act have the meanings ascribed to them in those

12-8  sections.

12-9      Sec. 18.  “Department” means the Department of

12-10  Corrections.

12-11     Sec. 19.  “Director” means the Director of the Department.

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

12-13  established by the Department pursuant to NRS 213.300.

12-14     Sec. 21.  “Correctional program” means a program for

12-15  reentry of offenders and parolees into the community that is

12-16  established by the Director pursuant to section 3 of this act.

12-17     Sec. 22.  “Director” means the Director of the Department of

12-18  Corrections.

12-19     Sec. 23.  1.  Except as otherwise provided in this section, if a

12-20  correctional program has been established by the Director in the

12-21  county in which an offender or parolee may be paroled, the

12-22  Chairman of the Board may, after consulting with the Division,

12-23  refer a prisoner who is being considered for parole or a parolee

12-24  who has violated a term or condition of his parole to the Director

12-25  if the Chairman believes that the person:

12-26     (a) Would participate successfully in and benefit from a

12-27  correctional program; and

12-28     (b) Has demonstrated a willingness to:

12-29         (1) Engage in employment or participate in vocational

12-30  rehabilitation or job skills training; and

12-31         (2) Meet any existing obligation for restitution to any victim

12-32  of his crime.

12-33     2.  Except as otherwise provided in this section, if the

12-34  Chairman is notified by the Director pursuant to section 3 of this

12-35  act that a person is suitable to participate in a correctional

12-36  program, the Board may, in accordance with the provisions of this

12-37  section:

12-38     (a) If the person is an offender who is being considered for

12-39  parole, upon the granting of parole to the offender, require as a

12-40  condition of parole that the offender participate in and complete

12-41  the correctional program; or

12-42     (b) If the person is a parolee who has violated a term or

12-43  condition of his parole, order him to participate in and complete

12-44  the correctional program as a condition of the continuation of his

13-1  parole and in lieu of revoking his parole and returning him to

13-2  confinement.

13-3      3.  If an offender who has been assigned to the custody of the

13-4  Division to participate in a correctional program pursuant to

13-5  section 4 of this act is being considered for parole, the Board shall,

13-6  if the Board grants parole to the offender, require as a condition

13-7  of parole that he continue to participate in and complete the

13-8  correctional program.

13-9      4.  In determining whether to order a person to participate in

13-10  and complete a correctional program pursuant to this section, the

13-11  Board shall consider:

13-12     (a) The criminal history of the person; and

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

13-14     5.  The Board shall adopt regulations requiring persons who

13-15  are ordered to participate in and complete a correctional program

13-16  pursuant to this section to reimburse the Department of

13-17  Corrections and the Division for the cost of their participation in a

13-18  correctional program, to the extent of their ability to pay.

13-19     6.  The Board shall not order a person to participate in a

13-20  correctional program if the time required to complete the

13-21  correctional program is longer than the unexpired maximum term

13-22  of the person’s original sentence.

13-23     Sec. 24.  1.  If the Director determines that a parolee has

13-24  violated a term or condition of his participation in the correctional

13-25  program or a term or condition of his parole, the Director shall

13-26  report the violation to the Board.

13-27     2.  If a violation of a term or condition of parole is reported to

13-28  the Board pursuant to this section, the Board shall proceed in the

13-29  manner provided in this chapter for any other violation of a term

13-30  or condition of parole.

13-31     Sec. 25.  NRS 213.300 is hereby amended to read as follows:

13-32     213.300  1.  The Department of Corrections [shall] may

13-33  establish and administer a program of work release under which a

13-34  person sentenced to a term of imprisonment in an institution of the

13-35  Department may be granted the privilege of leaving secure custody

13-36  during necessary and reasonable hours to:

13-37     (a) Work in this state at gainful private employment that has

13-38  been approved by the Director [of the Department] for that purpose.

13-39     (b) Obtain in this state additional education, including

13-40  vocational, technical and general education.

13-41     2.  The program may also include temporary leave for the

13-42  purpose of seeking employment in this state.

13-43     [3.  The Director is responsible for the quartering and

13-44  supervision of offenders enrolled in the program.]

 

14-1      Sec. 26.  NRS 213.310 is hereby amended to read as follows:

14-2      213.310  1.  [The Director of the Department of Corrections]

14-3  If a program is established by the Department pursuant to NRS

14-4  213.300, the Director shall, by appropriate means of classification

14-5  and selection, determine which of the offenders, during the last 6

14-6  months’ confinement, are suitable for the program , [of work

14-7  release,] excluding those sentenced to life imprisonment who are not

14-8  eligible for parole and those imprisoned for violations of chapter

14-9  201 of NRS who have not been certified by the designated board as

14-10  eligible for parole.

14-11     2.  The Director shall then select the names of those offenders

14-12  he determines to be eligible for the program [.] , and the Director

14-13  shall refer the names of those offenders to the Chairman of the

14-14  State Board of Parole Commissioners for release into the program

14-15  and, if appropriate, for residential confinement or other

14-16  appropriate supervision as determined by the Division of Parole

14-17  and Probation of the Department of Public Safety.

14-18     Sec. 27.  NRS 213.315 is hereby amended to read as follows:

14-19     213.315  1.  Except as otherwise provided in this section, an

14-20  offender who is illiterate is not eligible to participate in a program

14-21  [of work release] unless:

14-22     (a) He is regularly attending and making satisfactory progress in

14-23  a program for general education; or

14-24     (b) The Director, for good cause, determines that the limitation

14-25  on eligibility should be waived under the circumstances with respect

14-26  to a particular offender.

14-27     2.  An offender whose:

14-28     (a) Native language is not English;

14-29     (b) Ability to read and write in his native language is at or above

14-30  the level of literacy designated by the Board of State Prison

14-31  Commissioners in its regulations; and

14-32     (c) Ability to read and write the English language is below the

14-33  level of literacy designated by the Board of State Prison

14-34  Commissioners in its regulations,

14-35  may not be assigned to an industrial or a vocational program unless

14-36  he is regularly attending and making satisfactory progress in a

14-37  course which teaches English as a second language or the Director,

14-38  for good cause, determines that the limitation on eligibility should

14-39  be waived under the circumstances with respect to a particular

14-40  offender.

14-41     3.  Upon written documentation that an illiterate offender has a

14-42  developmental, learning or other similar disability which affects his

14-43  ability to learn, the Director [of the Department of Corrections]

14-44  may:

15-1      (a) Adapt or create an educational program or guidelines for

15-2  evaluating the educational progress of the offender to meet his

15-3  particular needs; or

15-4      (b) Exempt the offender from the required participation in an

15-5  educational program prescribed by this section.

15-6      4.  The provisions of this section do not apply to an offender

15-7  who:

15-8      (a) Presents satisfactory evidence that he has a high school or

15-9  general equivalency diploma; or

15-10     (b) Is admitted into a program [of work release] for the purpose

15-11  of obtaining additional education in this state.

15-12     5.  As used in this section, “illiterate” means having an ability

15-13  to read and write that is below the level of literacy designated by the

15-14  Board of State Prison Commissioners in its regulations.

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

15-16     213.320  1.  [The Director of the Department of Corrections]

15-17  If a program is established by the Department pursuant to NRS

15-18  213.300, the Director shall administer the program [of work release]

15-19  and shall:

15-20     (a) [Locate] Refer offenders to employers who offer

15-21  employment or to employment agencies that locate employment for

15-22  qualified applicants;

15-23     (b) Effect placement of offenders under the program; and

15-24     (c) Generally promote public understanding and acceptance of

15-25  the program.

15-26     2.  All state agencies shall cooperate with the Director in

15-27  carrying out this section to such extent as is consistent with their

15-28  other lawful duties.

15-29     3.  The Director shall adopt rules for administering the

15-30  program.

15-31     Sec. 29.  NRS 213.330 is hereby amended to read as follows:

15-32     213.330  1.  The salaries or wages of an offender employed

15-33  pursuant to the [work release program shall] program must be

15-34  disbursed in the following order:

15-35     (a) [To pay the cost of quartering, feeding and clothing the

15-36  offender.

15-37     (b)] To allow the offender necessary travel expense to and from

15-38  work and his other incidental expenses.

15-39     [(c)] (b) To support the offender’s dependents.

15-40     [(d)] (c) To pay, either in full or ratably, the offender’s

15-41  obligations which have been acknowledged by him in writing or

15-42  which have been reduced to judgment.

15-43     2.  Any balance of an offender’s wages remaining after all

15-44  disbursements have been made pursuant to subsection 1 [shall] must

15-45  be paid to the offender upon his release from custody.

16-1      Sec. 30.  NRS 213.350 is hereby amended to read as follows:

16-2      213.350  1.  An offender enrolled in the program [of work

16-3  release] is not an agent, employee or servant of the Department [of

16-4  Corrections] while he is:

16-5      (a) Working in the program or seeking such employment; or

16-6      (b) Going to such employment . [from the place where he is

16-7  quartered or returning therefrom.]

16-8      2.  An offender enrolled in the program is considered to be an

16-9  offender in an institution of the Department . [of Corrections.]

16-10     Sec. 31.  NRS 213.360 is hereby amended to read as follows:

16-11     213.360  1.  The Director [of the Department of Corrections]

16-12  may immediately terminate any offender’s enrollment in the

16-13  program [of work release] and transfer him to an institution of the

16-14  Department [of Corrections] if, in his judgment, the best interests of

16-15  the State or the offender require such action.

16-16     2.  If an offender enrolled in the program is absent from his

16-17  place of employment [or his designated quarters] without a reason

16-18  acceptable to the Director, the offender’s absence:

16-19     (a) Immediately terminates his enrollment in the program.

16-20     (b) Constitutes an escape from prison, and the offender shall be

16-21  punished as provided in NRS 212.090.

16-22     Sec. 32.  NRS 213.600 is hereby amended to read as follows:

16-23     213.600  As used in NRS 213.600 to 213.635, inclusive, and

16-24  sections 21 to 24, inclusive, of this act, unless the context otherwise

16-25  requires, the words and terms defined in NRS 213.605 to 213.620,

16-26  inclusive, and sections 21 and 22 of this act have the meanings

16-27  ascribed to them in those sections.

16-28     Sec. 33.  NRS 213.615 is hereby amended to read as follows:

16-29     213.615  [“Program”] “Judicial program” means a program for

16-30  reentry of prisoners and parolees into the community that is

16-31  established in a judicial district pursuant to NRS 209.4883.

16-32     Sec. 34.  NRS 213.620 is hereby amended to read as follows:

16-33     213.620  “Reentry court” means the court in a judicial district

16-34  that has established a judicial program.

16-35     Sec. 35.  NRS 213.625 is hereby amended to read as follows:

16-36     213.625  1.  Except as otherwise provided in this section, if a

16-37  judicial program has been established in the judicial district in

16-38  which a prisoner or parolee may be paroled, the Chairman of the

16-39  Board may, after consulting with the Division, refer a prisoner who

16-40  is being considered for parole or a parolee who has violated a term

16-41  or condition of his parole to the reentry court if the chairman

16-42  believes that the person:

16-43     (a) Would participate successfully in and benefit from a judicial

16-44  program; and

16-45     (b) Has demonstrated a willingness to:

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

17-2  rehabilitation or job skills training; and

17-3          (2) Meet any existing obligation for restitution to any victim

17-4  of his crime.

17-5      2.  Except as otherwise provided in this section, if the Chairman

17-6  is notified by the reentry court pursuant to NRS 209.4883 that a

17-7  person should be ordered to participate in a judicial program, the

17-8  Board may, in accordance with the provisions of this section:

17-9      (a) If the person is a prisoner who is being considered for parole,

17-10  upon the granting of parole to the prisoner, require as a condition of

17-11  parole that the person participate in and complete the judicial

17-12  program; or

17-13     (b) If the person is a parolee who has violated a term or

17-14  condition of his parole, order him to participate in and complete the

17-15  judicial program as a condition of the continuation of his parole and

17-16  in lieu of revoking his parole and returning him to confinement.

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

17-18  Division to participate in a judicial program pursuant to NRS

17-19  209.4886 is being considered for parole:

17-20     (a) The Board shall, if the Board grants parole to the prisoner,

17-21  require as a condition of parole that the person continue to

17-22  participate in and complete the judicial program.

17-23     (b) The Board is not required to refer the prisoner to the reentry

17-24  court pursuant to subsection 1 or to obtain prior approval of the

17-25  reentry court pursuant to NRS 209.4883 for the prisoner to continue

17-26  participating in the judicial program while he is on parole.

17-27     4.  In determining whether to order a person to participate in

17-28  and complete a judicial program pursuant to this section, the Board

17-29  shall consider:

17-30     (a) The criminal history of the person; and

17-31     (b) The safety of the public.

17-32     5.  The Board shall adopt regulations requiring persons who are

17-33  ordered to participate in and complete a judicial program pursuant

17-34  to this section to reimburse the reentry court and the Division for the

17-35  cost of their participation in a judicial program, to the extent of their

17-36  ability to pay.

17-37     6.  The Board shall not order a person to participate in a

17-38  judicial program if the time required to complete the judicial

17-39  program is longer than the unexpired maximum term of the person’s

17-40  original sentence.

17-41     Sec. 36.  NRS 213.630 is hereby amended to read as follows:

17-42     213.630  1.  If the reentry court determines that a parolee has

17-43  violated a term or condition of his participation in the judicial

17-44  program or a term or condition of his parole, the court may:

18-1      (a) Establish and impose any appropriate sanction for the

18-2  violation; and

18-3      (b) If necessary, report the violation to the Board.

18-4      2.  If a violation of a term or condition of parole is reported to

18-5  the Board pursuant to this section, the Board shall proceed in the

18-6  manner provided in this chapter for any other violation of a term or

18-7  condition of parole.

18-8      Sec. 37.  NRS 213.635 is hereby amended to read as follows:

18-9      213.635  The Division shall supervise each person who is

18-10  participating in a correctional or judicial program pursuant to NRS

18-11  209.4886 or 213.625[.] or section 4 or 23 of this act.

18-12     Sec. 38.  NRS 179.259 is hereby amended to read as follows:

18-13     179.259  1.  Except as otherwise provided in subsections 3 and

18-14  4, 5 years after an eligible person completes a program for reentry,

18-15  the court may order sealed all documents, papers and exhibits in the

18-16  eligible person’s record, minute book entries and entries on dockets,

18-17  and other documents relating to the case in the custody of such other

18-18  agencies and officers as are named in the court’s order. The court

18-19  may order those records sealed without a hearing unless the

18-20  Division of Parole and Probation of the Department of Public Safety

18-21  petitions the court, for good cause shown, not to seal the records and

18-22  requests a hearing thereon.

18-23     2.  If the court orders sealed the record of an eligible person, the

18-24  court shall send a copy of the order to each agency or officer named

18-25  in the order. Each such agency or officer shall notify the court in

18-26  writing of its compliance with the order.

18-27     3.  A professional licensing board is entitled, for the purpose of

18-28  determining suitability for a license or liability to discipline for

18-29  misconduct, to inspect and to copy from a record sealed pursuant to

18-30  this section.

18-31     4.  A person may not petition the court to seal records relating

18-32  to a conviction of a crime against a child or a sexual offense.

18-33     5.  As used in this section:

18-34     (a) “Crime against a child” has the meaning ascribed to it in

18-35  NRS 179D.210.

18-36     (b) “Eligible person” means a person who has:

18-37         (1) Successfully completed a program for reentry to which he

18-38  participated in pursuant to NRS 209.4886 or 213.625[;] or section 4

18-39  or 23 of this act; and

18-40         (2) Been convicted of a single offense which was punishable

18-41  as a felony and which did not involve the use or threatened use of

18-42  force or violence against the victim. For the purposes of this

18-43  subparagraph, multiple convictions for an offense punishable as a

18-44  felony shall be deemed to constitute a single offense if those

18-45  offenses arose out of the same transaction or occurrence.

19-1      (c) “Program for reentry” means [a] :

19-2          (1) A correctional program for reentry of offenders and

19-3  parolees into the community that is established by the Director of

19-4  the Department of Corrections pursuant to section 3 of this act; or

19-5          (2) A judicial program for reentry of [prisoners] offenders

19-6  and parolees into the community that is established in a judicial

19-7  district pursuant to NRS 209.4883.

19-8      (d) “Sexual offense” has the meaning ascribed to it in paragraph

19-9  (b) of subsection 7 of NRS 179.245.

19-10     Sec. 39.  NRS 213.340 is hereby repealed.

 

19-11  TEXT OF REPEALED SECTION

 

19-12     213.340  Contracts for quartering enrollees; suitable

19-13   facilities required.

19-14     1.  The Director of the Department of Corrections may contract

19-15   with the governing bodies of political subdivisions in this state for

19-16   quartering in suitable local facilities the offenders enrolled in

19-17   programs of work release. Each such facility must satisfy standards

19-18   established by the Director to assure secure custody of offenders

19-19   quartered therein.

19-20     2.  The Director shall not enroll any offender in the program of

19-21   work release unless he has determined that suitable facilities for

19-22   quartering the offender are available in the locality where the

19-23   offender has employment or the offer of employment.

 

19-24  H