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.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to 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; and
4-22 (b) At least two physicians licensed pursuant to chapter 630 of
4-23 NRS, one of whom is not employed by the Department, verify, in
4-24 writing, that the offender is:
4-25 (1) Physically incapacitated[;] or in ill health; or
4-26 (2) In ill health and expected to die within 12 months.
4-27 2. If the Director intends to assign an offender to the custody of
4-28 the Division of Parole and Probation pursuant to this section, at least
4-29 45 days before the date the offender is expected to be released from
4-30 the custody of the Department, the Director shall notify:
4-31 (a) If the offender will reside within this state after he is released
4-32 from the custody of the Department, the board of county
4-33 commissioners of the county in which the offender will reside; and
4-34 (b) The Division of Parole and Probation.
4-35 3. If any victim of a crime committed by the offender has,
4-36 pursuant to subsection 4 of NRS 213.130, requested to be notified of
4-37 the consideration of a prisoner for parole and has provided a current
4-38 address, the Division of Parole and Probation shall notify the victim
4-39 that:
4-40 (a) The Director intends to assign the offender to the custody of
4-41 the Division of Parole and Probation pursuant to this section; and
4-42 (b) The victim may submit documents to the Division of Parole
4-43 and Probation regarding such an assignment.
4-44 If a current address has not been provided by a victim as required by
4-45 subsection 4 of NRS 213.130, the Division of Parole and Probation
5-1 must not be held responsible if notification is not received by the
5-2 victim. All personal information, including, but not limited to, a
5-3 current or former address, which pertains to a victim and which is
5-4 received by the Division of Parole and Probation pursuant to this
5-5 subsection is confidential.
5-6 4. If an offender assigned to the custody of the Division of
5-7 Parole and Probation pursuant to this section escapes or violates any
5-8 of the terms or conditions of his residential confinement [:] or other
5-9 appropriate supervision as determined by the Division of Parole
5-10 and Probation:
5-11 (a) The Division of Parole and Probation may, pursuant to the
5-12 procedure set forth in NRS 213.410, return the offender to the
5-13 custody of the Department.
5-14 (b) The offender forfeits all or part of the credits for good
5-15 behavior earned by him before the escape or violation, as
5-16 determined by the Director. The Director may provide for a
5-17 forfeiture of credits pursuant to this paragraph only after proof of the
5-18 offense and notice to the offender and may restore credits forfeited
5-19 for such reasons as he considers proper. The decision of the Director
5-20 regarding such a forfeiture is final.
5-21 5. The assignment of an offender to the custody of the Division
5-22 of Parole and Probation pursuant to this section shall be deemed:
5-23 (a) A continuation of his imprisonment and not a release on
5-24 parole; and
5-25 (b) For the purposes of NRS 209.341, an assignment to a facility
5-26 of the Department,
5-27 except that the offender is not entitled to obtain any benefits or to
5-28 participate in any programs provided to offenders in the custody of
5-29 the Department.
5-30 6. The Director may not assign an offender to the custody of
5-31 the Division of Parole and Probation pursuant to this section if the
5-32 offender is sentenced to death or imprisonment for life without the
5-33 possibility of parole.
5-34 7. An offender does not have a right to be assigned to the
5-35 custody of the Division of Parole and Probation pursuant to this
5-36 section, or to remain in that custody after such an assignment, and it
5-37 is not intended that the provisions of this section or of NRS 213.371
5-38 to 213.410, inclusive, create any right or interest in liberty or
5-39 property or establish a basis for any cause of action against the
5-40 State, its political subdivisions, agencies, boards, commissions,
5-41 departments, officers or employees.
5-42 Sec. 6. NRS 209.432 is hereby amended to read as follows:
5-43 209.432 As used in NRS 209.432 to 209.451, inclusive, unless
5-44 the context otherwise requires:
5-45 1. “Offender” includes:
6-1 (a) A person who is convicted of a felony under the laws of this
6-2 state and sentenced, ordered or otherwise assigned to serve a term of
6-3 residential confinement.
6-4 (b) A person who is convicted of a felony under the laws of this
6-5 state and assigned to the custody of the Division of Parole and
6-6 Probation of the Department of Public Safety pursuant to NRS
6-7 209.4886[.] or section 4 of this act.
6-8 2. “Residential confinement” means the confinement of a
6-9 person convicted of a felony to his place of residence under the
6-10 terms and conditions established pursuant to specific statute. The
6-11 term does not include any confinement ordered pursuant to NRS
6-12 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive,
6-13 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
6-14 Sec. 7. NRS 209.446 is hereby amended to read as follows:
6-15 209.446 1. Every offender who is sentenced to prison for a
6-16 crime committed on or after July 1, 1985, but before July 17, 1997,
6-17 who has no serious infraction of the regulations of the Department,
6-18 the terms and conditions of his residential confinement, or the laws
6-19 of the State recorded against him, and who performs in a faithful,
6-20 orderly and peaceable manner the duties assigned to him, must be
6-21 allowed:
6-22 (a) For the period he is actually incarcerated under sentence;
6-23 (b) For the period he is in residential confinement; and
6-24 (c) For the period he is in the custody of the Division of Parole
6-25 and Probation of the Department of Public Safety pursuant to NRS
6-26 209.4886[,] or section 4 of this act,
6-27 a deduction of 10 days from his sentence for each month he serves.
6-28 2. In addition to the credit provided for in subsection 1, the
6-29 Director may allow not more than 10 days of credit each month for
6-30 an offender whose diligence in labor and study merits such credits.
6-31 In addition to the credits allowed pursuant to this subsection, an
6-32 offender is entitled to the following credits for educational
6-33 achievement:
6-34 (a) For earning a general equivalency diploma, 30 days.
6-35 (b) For earning a high school diploma, 60 days.
6-36 (c) For earning an associate degree, 90 days.
6-37 3. The Director may allow not more than 10 days of credit each
6-38 month for an offender who participates in a diligent and responsible
6-39 manner in a center for the purpose of making restitution,
6-40 conservation camp, program of work release or another program
6-41 conducted outside of the prison. An offender who earns credit
6-42 pursuant to this subsection is entitled to the entire 20 days of credit
6-43 each month which is authorized in subsections 1 and 2.
6-44 4. The Director may allow not more than 90 days of credit each
6-45 year for an offender who engages in exceptional meritorious service.
7-1 5. The Board shall adopt regulations governing the award,
7-2 forfeiture and restoration of credits pursuant to this section.
7-3 6. Credits earned pursuant to this section:
7-4 (a) Must be deducted from the maximum term imposed by the
7-5 sentence; and
7-6 (b) Apply to eligibility for parole unless the offender was
7-7 sentenced pursuant to a statute which specifies a minimum sentence
7-8 which must be served before a person becomes eligible for parole.
7-9 Sec. 8. NRS 209.4465 is hereby amended to read as follows:
7-10 209.4465 1. An offender who is sentenced to prison for a
7-11 crime committed on or after July 17, 1997, who has no serious
7-12 infraction of the regulations of the Department, the terms and
7-13 conditions of his residential confinement or the laws of the State
7-14 recorded against him, and who performs in a faithful, orderly and
7-15 peaceable manner the duties assigned to him, must be allowed:
7-16 (a) For the period he is actually incarcerated pursuant to his
7-17 sentence;
7-18 (b) For the period he is in residential confinement; and
7-19 (c) For the period he is in the custody of the Division of Parole
7-20 and Probation of the Department of Public Safety pursuant to NRS
7-21 209.4886[,] or section 4 of this act,
7-22 a deduction of 10 days from his sentence for each month he serves.
7-23 2. In addition to the credits allowed pursuant to subsection 1,
7-24 the Director may allow not more than 10 days of credit each month
7-25 for an offender whose diligence in labor and study merits such
7-26 credits. In addition to the credits allowed pursuant to this subsection,
7-27 an offender is entitled to the following credits for educational
7-28 achievement:
7-29 (a) For earning a general equivalency diploma, 30 days.
7-30 (b) For earning a high school diploma, 60 days.
7-31 (c) For earning his first associate degree, 90 days.
7-32 3. The Director may, in his discretion, authorize an offender to
7-33 receive a maximum of 90 days of credit for each additional degree
7-34 of higher education earned by the offender.
7-35 4. The Director may allow not more than 10 days of credit each
7-36 month for an offender who participates in a diligent and responsible
7-37 manner in a center for the purpose of making restitution,
7-38 conservation camp, program of work release or another program
7-39 conducted outside of the prison. An offender who earns credit
7-40 pursuant to this subsection is eligible to earn the entire 20 days of
7-41 credit each month that is allowed pursuant to subsections 1 and 2.
7-42 5. The Director may allow not more than 90 days of credit each
7-43 year for an offender who engages in exceptional meritorious service.
7-44 6. The Board shall adopt regulations governing the award,
7-45 forfeiture and restoration of credits pursuant to this section.
8-1 7. Credits earned pursuant to this section:
8-2 (a) Must be deducted from the maximum term imposed by the
8-3 sentence; and
8-4 (b) Apply to eligibility for parole unless the offender was
8-5 sentenced pursuant to a statute which specifies a minimum sentence
8-6 that must be served before a person becomes eligible for parole.
8-7 Sec. 9. NRS 209.4871 is hereby amended to read as follows:
8-8 209.4871 As used in NRS 209.4871 to 209.4889, inclusive,
8-9 and sections 2, 3 and 4 of this act, unless the context otherwise
8-10 requires, the words and terms defined in NRS 209.4874, 209.4877
8-11 and 209.488 and section 2 of this act have the meanings ascribed to
8-12 them in those sections.
8-13 Sec. 10. NRS 209.4877 is hereby amended to read as follows:
8-14 209.4877 [“Program”] “Judicial program” means a program
8-15 for reentry of [prisoners] offenders and parolees into the community
8-16 that is established in a judicial district pursuant to NRS 209.4883.
8-17 Sec. 11. NRS 209.488 is hereby amended to read as follows:
8-18 209.488 “Reentry court” means the court in a judicial district
8-19 that has established a judicial program.
8-20 Sec. 12. NRS 209.4883 is hereby amended to read as follows:
8-21 209.4883 1. A judicial district may establish a judicial
8-22 program for reentry of offenders and parolees into the community
8-23 pursuant to this section.
8-24 2. If a judicial district establishes a judicial program pursuant
8-25 to this section, the reentry court shall:
8-26 (a) Determine whether offenders who are referred by the
8-27 Director pursuant to NRS 209.4886 should be assigned to the
8-28 custody of the Division to participate in a judicial program.
8-29 (b) Determine whether parolees who are referred by the
8-30 Chairman of the State Board of Parole Commissioners pursuant to
8-31 NRS 213.625 should be ordered by the Board to participate in a
8-32 judicial program as a condition of their parole.
8-33 (c) Supervise offenders and parolees participating in the judicial
8-34 program during their participation in the judicial program.
8-35 3. An offender may not be assigned to the custody of the
8-36 Division to participate in a judicial program unless the reentry court
8-37 grants prior approval of the assignment pursuant to this section.
8-38 4. Except as otherwise provided in NRS 213.625, a parolee
8-39 may not participate in a judicial program as a condition of his parole
8-40 unless the reentry court grants prior approval for his participation
8-41 pursuant to this section.
8-42 Sec. 13. NRS 209.4886 is hereby amended to read as follows:
8-43 209.4886 1. Except as otherwise provided in this section, if a
8-44 judicial program has been established in the judicial district in
8-45 which an offender was sentenced to imprisonment, the Director
9-1 may, after consulting with the Division, refer the offender to the
9-2 reentry court if:
9-3 (a) The Director believes that the offender would participate
9-4 successfully in and benefit from the judicial program;
9-5 (b) The offender has demonstrated a willingness to:
9-6 (1) Engage in employment or participate in vocational
9-7 rehabilitation or job skills training; and
9-8 (2) Meet any existing obligation for restitution to any victim
9-9 of his crime; and
9-10 (c) The offender is within 2 years of his probable release from
9-11 prison, as determined by the Director.
9-12 2. Except as otherwise provided in this section, if the Director
9-13 is notified by the reentry court pursuant to NRS 209.4883 that an
9-14 offender should be assigned to the custody of the Division to
9-15 participate in the judicial program, the Director shall assign the
9-16 offender to the custody of the Division to participate in the judicial
9-17 program for not longer than the remainder of his sentence.
9-18 3. The Director shall, by regulation, adopt standards setting
9-19 forth which offenders are eligible to be assigned to the custody of
9-20 the Division to participate in the judicial program pursuant to this
9-21 section. The standards adopted by the Director must be approved by
9-22 the Board and must provide that an offender who:
9-23 (a) Has recently committed a serious infraction of the rules of an
9-24 institution or facility of the Department;
9-25 (b) Has not performed the duties assigned to him in a faithful
9-26 and orderly manner;
9-27 (c) Has, within the immediately preceding 5 years, been
9-28 convicted of any crime involving the use or threatened use of force
9-29 or violence against a victim that is punishable as a felony;
9-30 (d) Has ever been convicted of a sexual offense;
9-31 (e) Has escaped or attempted to escape from any jail or
9-32 correctional institution for adults; or
9-33 (f) Has not made an effort in good faith to participate in or to
9-34 complete any educational or vocational program or any program of
9-35 treatment, as ordered by the Director,
9-36 is not eligible for assignment to the custody of the Division pursuant
9-37 to this section to participate in a judicial program.
9-38 4. The Director shall adopt regulations requiring offenders who
9-39 are assigned to the custody of the Division pursuant to this section
9-40 to reimburse the reentry court, the Division and the Department for
9-41 the cost of their participation in a judicial program, to the extent of
9-42 their ability to pay.
9-43 5. The reentry court may return the offender to the custody of
9-44 the Department at any time for any violation of the terms and
9-45 conditions imposed by the reentry court.
10-1 6. If an offender assigned to the custody of the Division
10-2 pursuant to this section violates any of the terms or conditions
10-3 imposed by the reentry court and is returned to the custody of the
10-4 Department, the offender forfeits all or part of the credits for good
10-5 behavior earned by him before he was returned to the custody of the
10-6 Department, as determined by the Director. The Director may
10-7 provide for a forfeiture of credits pursuant to this subsection only
10-8 after proof of the violation and notice is given to the offender. The
10-9 Director may restore credits so forfeited for such reasons as he
10-10 considers proper. The decision of the Director regarding such a
10-11 forfeiture is final.
10-12 7. The assignment of an offender to the custody of the Division
10-13 pursuant to this section shall be deemed:
10-14 (a) A continuation of his imprisonment and not a release on
10-15 parole; and
10-16 (b) For the purposes of NRS 209.341, an assignment to a facility
10-17 of the Department,
10-18 except that the offender is not entitled to obtain any benefits or to
10-19 participate in any programs provided to offenders in the custody of
10-20 the Department.
10-21 8. An offender does not have a right to be assigned to the
10-22 custody of the Division pursuant to this section, or to remain in that
10-23 custody after such an assignment. It is not intended that the
10-24 establishment or operation of a judicial program creates any right or
10-25 interest in liberty or property or establishes a basis for any cause of
10-26 action against the State of Nevada, its political subdivisions,
10-27 agencies, boards, commissions, departments, officers or employees.
10-28 Sec. 14. NRS 209.4889 is hereby amended to read as follows:
10-29 209.4889 1. The Director may, after consulting with the
10-30 Division, enter into one or more contracts with one or more public
10-31 or private entities to provide any of the following services, as
10-32 necessary and appropriate, to offenders or parolees participating in a
10-33 correctional or judicial program:
10-34 (a) Transitional housing;
10-35 (b) Treatment pertaining to substance abuse or mental health;
10-36 (c) Training in life skills;
10-37 (d) Vocational rehabilitation and job skills training; and
10-38 (e) Any other services required by offenders or parolees who are
10-39 participating in a correctional or judicial program.
10-40 2. The Director shall, as necessary and appropriate, provide
10-41 referrals and information regarding:
10-42 (a) Any of the services provided pursuant to subsection 1;
10-43 (b) Access and availability of any appropriate self-help groups;
10-44 (c) Social services for families and children; and
10-45 (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 24, 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 20, 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.
12-1 Sec. 18. “Department” means the Department of
12-2 Corrections.
12-3 Sec. 19. “Director” means the Director of the Department.
12-4 Sec. 20. “Program” means a program of work release that is
12-5 established by the Department pursuant to NRS 213.300.
12-6 Sec. 21. “Correctional program” means a program for
12-7 reentry of offenders and parolees into the community that is
12-8 established by the Director pursuant to section 3 of this act.
12-9 Sec. 22. “Director” means the Director of the Department of
12-10 Corrections.
12-11 Sec. 23. 1. Except as otherwise provided in this section, if a
12-12 correctional program has been established by the Director in the
12-13 county in which an offender or parolee may be paroled, the
12-14 Chairman of the Board may, after consulting with the Division,
12-15 refer a prisoner who is being considered for parole or a parolee
12-16 who has violated a term or condition of his parole to the Director
12-17 if the Chairman believes that the person:
12-18 (a) Would participate successfully in and benefit from a
12-19 correctional program; and
12-20 (b) Has demonstrated a willingness to:
12-21 (1) Engage in employment or participate in vocational
12-22 rehabilitation or job skills training; and
12-23 (2) Meet any existing obligation for restitution to any victim
12-24 of his crime.
12-25 2. Except as otherwise provided in this section, if the
12-26 Chairman is notified by the Director pursuant to section 3 of this
12-27 act that a person is suitable to participate in a correctional
12-28 program, the Board may, in accordance with the provisions of this
12-29 section:
12-30 (a) If the person is an offender who is being considered for
12-31 parole, upon the granting of parole to the offender, require as a
12-32 condition of parole that the offender participate in and complete
12-33 the correctional program; or
12-34 (b) If the person is a parolee who has violated a term or
12-35 condition of his parole, order him to participate in and complete
12-36 the correctional program as a condition of the continuation of his
12-37 parole and in lieu of revoking his parole and returning him to
12-38 confinement.
12-39 3. If an offender who has been assigned to the custody of the
12-40 Division to participate in a correctional program pursuant to
12-41 section 4 of this act is being considered for parole, the Board shall,
12-42 if the Board grants parole to the offender, require as a condition
12-43 of parole that he continue to participate in and complete the
12-44 correctional program.
13-1 4. In determining whether to order a person to participate in
13-2 and complete a correctional program pursuant to this section, the
13-3 Board shall consider:
13-4 (a) The criminal history of the person; and
13-5 (b) The safety of the public.
13-6 5. The Board shall adopt regulations requiring persons who
13-7 are ordered to participate in and complete a correctional program
13-8 pursuant to this section to reimburse the Department of
13-9 Corrections and the Division for the cost of their participation in a
13-10 correctional program, to the extent of their ability to pay.
13-11 6. The Board shall not order a person to participate in a
13-12 correctional program if the time required to complete the
13-13 correctional program is longer than the unexpired maximum term
13-14 of the person’s original sentence.
13-15 Sec. 24. 1. If the Director determines that a parolee has
13-16 violated a term or condition of his participation in the correctional
13-17 program or a term or condition of his parole, the Director shall
13-18 report the violation to the Board.
13-19 2. If a violation of a term or condition of parole is reported to
13-20 the Board pursuant to this section, the Board shall proceed in the
13-21 manner provided in this chapter for any other violation of a term
13-22 or condition of parole.
13-23 Sec. 25. NRS 213.300 is hereby amended to read as follows:
13-24 213.300 1. The Department of Corrections [shall] may
13-25 establish and administer a program of work release under which a
13-26 person sentenced to a term of imprisonment in an institution of the
13-27 Department may be granted the privilege of leaving secure custody
13-28 during necessary and reasonable hours to:
13-29 (a) Work in this state at gainful private employment that has
13-30 been approved by the Director [of the Department] for that purpose.
13-31 (b) Obtain in this state additional education, including
13-32 vocational, technical and general education.
13-33 2. The program may also include temporary leave for the
13-34 purpose of seeking employment in this state.
13-35 [3. The Director is responsible for the quartering and
13-36 supervision of offenders enrolled in the program.]
13-37 Sec. 26. NRS 213.310 is hereby amended to read as follows:
13-38 213.310 1. [The Director of the Department of Corrections]
13-39 If a program is established by the Department pursuant to NRS
13-40 213.300, the Director shall, by appropriate means of classification
13-41 and selection, determine which of the offenders, during the last 6
13-42 months’ confinement, are suitable for the program , [of work
13-43 release,] excluding those sentenced to life imprisonment who are not
13-44 eligible for parole and those imprisoned for violations of chapter
14-1 201 of NRS who have not been certified by the designated board as
14-2 eligible for parole.
14-3 2. The Director shall then select the names of those offenders
14-4 he determines to be eligible for the program [.] , and the Director
14-5 shall refer the names of those offenders to the Chairman of the
14-6 State Board of Parole Commissioners for release into the program
14-7 and, if appropriate, for residential confinement or other
14-8 appropriate supervision as determined by the Division of Parole
14-9 and Probation of the Department of Public Safety.
14-10 Sec. 27. NRS 213.315 is hereby amended to read as follows:
14-11 213.315 1. Except as otherwise provided in this section, an
14-12 offender who is illiterate is not eligible to participate in a program
14-13 [of work release] unless:
14-14 (a) He is regularly attending and making satisfactory progress in
14-15 a program for general education; or
14-16 (b) The Director, for good cause, determines that the limitation
14-17 on eligibility should be waived under the circumstances with respect
14-18 to a particular offender.
14-19 2. An offender whose:
14-20 (a) Native language is not English;
14-21 (b) Ability to read and write in his native language is at or above
14-22 the level of literacy designated by the Board of State Prison
14-23 Commissioners in its regulations; and
14-24 (c) Ability to read and write the English language is below the
14-25 level of literacy designated by the Board of State Prison
14-26 Commissioners in its regulations,
14-27 may not be assigned to an industrial or a vocational program unless
14-28 he is regularly attending and making satisfactory progress in a
14-29 course which teaches English as a second language or the Director,
14-30 for good cause, determines that the limitation on eligibility should
14-31 be waived under the circumstances with respect to a particular
14-32 offender.
14-33 3. Upon written documentation that an illiterate offender has a
14-34 developmental, learning or other similar disability which affects his
14-35 ability to learn, the Director [of the Department of Corrections]
14-36 may:
14-37 (a) Adapt or create an educational program or guidelines for
14-38 evaluating the educational progress of the offender to meet his
14-39 particular needs; or
14-40 (b) Exempt the offender from the required participation in an
14-41 educational program prescribed by this section.
14-42 4. The provisions of this section do not apply to an offender
14-43 who:
14-44 (a) Presents satisfactory evidence that he has a high school or
14-45 general equivalency diploma; or
15-1 (b) Is admitted into a program [of work release] for the purpose
15-2 of obtaining additional education in this state.
15-3 5. As used in this section, “illiterate” means having an ability
15-4 to read and write that is below the level of literacy designated by the
15-5 Board of State Prison Commissioners in its regulations.
15-6 Sec. 28. NRS 213.320 is hereby amended to read as follows:
15-7 213.320 1. [The Director of the Department of Corrections]
15-8 If a program is established by the Department pursuant to NRS
15-9 213.300, the Director shall administer the program [of work release]
15-10 and shall:
15-11 (a) [Locate] Refer offenders to employers who offer
15-12 employment or to employment agencies that locate employment for
15-13 qualified applicants;
15-14 (b) Effect placement of offenders under the program; and
15-15 (c) Generally promote public understanding and acceptance of
15-16 the program.
15-17 2. All state agencies shall cooperate with the Director in
15-18 carrying out this section to such extent as is consistent with their
15-19 other lawful duties.
15-20 3. The Director shall adopt rules for administering the
15-21 program.
15-22 Sec. 29. NRS 213.330 is hereby amended to read as follows:
15-23 213.330 1. The salaries or wages of an offender employed
15-24 pursuant to the [work release program shall] program must be
15-25 disbursed in the following order:
15-26 (a) [To pay the cost of quartering, feeding and clothing the
15-27 offender.
15-28 (b)] To allow the offender necessary travel expense to and from
15-29 work and his other incidental expenses.
15-30 [(c)] (b) To support the offender’s dependents.
15-31 [(d)] (c) To pay, either in full or ratably, the offender’s
15-32 obligations which have been acknowledged by him in writing or
15-33 which have been reduced to judgment.
15-34 2. Any balance of an offender’s wages remaining after all
15-35 disbursements have been made pursuant to subsection 1 [shall] must
15-36 be paid to the offender upon his release from custody.
15-37 Sec. 30. NRS 213.350 is hereby amended to read as follows:
15-38 213.350 1. An offender enrolled in the program [of work
15-39 release] is not an agent, employee or servant of the Department [of
15-40 Corrections] while he is:
15-41 (a) Working in the program or seeking such employment; or
15-42 (b) Going to such employment . [from the place where he is
15-43 quartered or returning therefrom.]
15-44 2. An offender enrolled in the program is considered to be an
15-45 offender in an institution of the Department . [of Corrections.]
16-1 Sec. 31. NRS 213.360 is hereby amended to read as follows:
16-2 213.360 1. The Director [of the Department of Corrections]
16-3 may immediately terminate any offender’s enrollment in the
16-4 program [of work release] and transfer him to an institution of the
16-5 Department [of Corrections] if, in his judgment, the best interests of
16-6 the State or the offender require such action.
16-7 2. If an offender enrolled in the program is absent from his
16-8 place of employment [or his designated quarters] without a reason
16-9 acceptable to the Director, the offender’s absence:
16-10 (a) Immediately terminates his enrollment in the program.
16-11 (b) Constitutes an escape from prison, and the offender shall be
16-12 punished as provided in NRS 212.090.
16-13 Sec. 32. NRS 213.600 is hereby amended to read as follows:
16-14 213.600 As used in NRS 213.600 to 213.635, inclusive, and
16-15 sections 21 to 24, inclusive, of this act, unless the context otherwise
16-16 requires, the words and terms defined in NRS 213.605 to 213.620,
16-17 inclusive, and sections 21 and 22 of this act have the meanings
16-18 ascribed to them in those sections.
16-19 Sec. 33. NRS 213.615 is hereby amended to read as follows:
16-20 213.615 [“Program”] “Judicial program” means a program for
16-21 reentry of prisoners and parolees into the community that is
16-22 established in a judicial district pursuant to NRS 209.4883.
16-23 Sec. 34. NRS 213.620 is hereby amended to read as follows:
16-24 213.620 “Reentry court” means the court in a judicial district
16-25 that has established a judicial program.
16-26 Sec. 35. NRS 213.625 is hereby amended to read as follows:
16-27 213.625 1. Except as otherwise provided in this section, if a
16-28 judicial program has been established in the judicial district in
16-29 which a prisoner or parolee may be paroled, the Chairman of the
16-30 Board may, after consulting with the Division, refer a prisoner who
16-31 is being considered for parole or a parolee who has violated a term
16-32 or condition of his parole to the reentry court if the chairman
16-33 believes that the person:
16-34 (a) Would participate successfully in and benefit from a judicial
16-35 program; and
16-36 (b) Has demonstrated a willingness to:
16-37 (1) Engage in employment or participate in vocational
16-38 rehabilitation or job skills training; and
16-39 (2) Meet any existing obligation for restitution to any victim
16-40 of his crime.
16-41 2. Except as otherwise provided in this section, if the Chairman
16-42 is notified by the reentry court pursuant to NRS 209.4883 that a
16-43 person should be ordered to participate in a judicial program, the
16-44 Board may, in accordance with the provisions of this section:
17-1 (a) If the person is a prisoner who is being considered for parole,
17-2 upon the granting of parole to the prisoner, require as a condition of
17-3 parole that the person participate in and complete the judicial
17-4 program; or
17-5 (b) If the person is a parolee who has violated a term or
17-6 condition of his parole, order him to participate in and complete the
17-7 judicial program as a condition of the continuation of his parole and
17-8 in lieu of revoking his parole and returning him to confinement.
17-9 3. If a prisoner who has been assigned to the custody of the
17-10 Division to participate in a judicial program pursuant to NRS
17-11 209.4886 is being considered for parole:
17-12 (a) The Board shall, if the Board grants parole to the prisoner,
17-13 require as a condition of parole that the person continue to
17-14 participate in and complete the judicial program.
17-15 (b) The Board is not required to refer the prisoner to the reentry
17-16 court pursuant to subsection 1 or to obtain prior approval of the
17-17 reentry court pursuant to NRS 209.4883 for the prisoner to continue
17-18 participating in the judicial program while he is on parole.
17-19 4. In determining whether to order a person to participate in
17-20 and complete a judicial program pursuant to this section, the Board
17-21 shall consider:
17-22 (a) The criminal history of the person; and
17-23 (b) The safety of the public.
17-24 5. The Board shall adopt regulations requiring persons who are
17-25 ordered to participate in and complete a judicial program pursuant
17-26 to this section to reimburse the reentry court and the Division for the
17-27 cost of their participation in a judicial program, to the extent of their
17-28 ability to pay.
17-29 6. The Board shall not order a person to participate in a
17-30 judicial program if the time required to complete the judicial
17-31 program is longer than the unexpired maximum term of the person’s
17-32 original sentence.
17-33 Sec. 36. NRS 213.630 is hereby amended to read as follows:
17-34 213.630 1. If the reentry court determines that a parolee has
17-35 violated a term or condition of his participation in the judicial
17-36 program or a term or condition of his parole, the court may:
17-37 (a) Establish and impose any appropriate sanction for the
17-38 violation; and
17-39 (b) If necessary, report the violation to the Board.
17-40 2. If a violation of a term or condition of parole is reported to
17-41 the Board pursuant to this section, the Board shall proceed in the
17-42 manner provided in this chapter for any other violation of a term or
17-43 condition of parole.
18-1 Sec. 37. NRS 213.635 is hereby amended to read as follows:
18-2 213.635 The Division shall supervise each person who is
18-3 participating in a correctional or judicial program pursuant to NRS
18-4 209.4886 or 213.625[.] or section 4 or 23 of this act.
18-5 Sec. 38. NRS 179.259 is hereby amended to read as follows:
18-6 179.259 1. Except as otherwise provided in subsections 3 and
18-7 4, 5 years after an eligible person completes a program for reentry,
18-8 the court may order sealed all documents, papers and exhibits in the
18-9 eligible person’s record, minute book entries and entries on dockets,
18-10 and other documents relating to the case in the custody of such other
18-11 agencies and officers as are named in the court’s order. The court
18-12 may order those records sealed without a hearing unless the
18-13 Division of Parole and Probation of the Department of Public Safety
18-14 petitions the court, for good cause shown, not to seal the records and
18-15 requests a hearing thereon.
18-16 2. If the court orders sealed the record of an eligible person, the
18-17 court shall send a copy of the order to each agency or officer named
18-18 in the order. Each such agency or officer shall notify the court in
18-19 writing of its compliance with the order.
18-20 3. A professional licensing board is entitled, for the purpose of
18-21 determining suitability for a license or liability to discipline for
18-22 misconduct, to inspect and to copy from a record sealed pursuant to
18-23 this section.
18-24 4. A person may not petition the court to seal records relating
18-25 to a conviction of a crime against a child or a sexual offense.
18-26 5. As used in this section:
18-27 (a) “Crime against a child” has the meaning ascribed to it in
18-28 NRS 179D.210.
18-29 (b) “Eligible person” means a person who has:
18-30 (1) Successfully completed a program for reentry to which he
18-31 participated in pursuant to NRS 209.4886 or 213.625[;] or section 4
18-32 or 23 of this act; and
18-33 (2) Been convicted of a single offense which was punishable
18-34 as a felony and which did not involve the use or threatened use of
18-35 force or violence against the victim. For the purposes of this
18-36 subparagraph, multiple convictions for an offense punishable as a
18-37 felony shall be deemed to constitute a single offense if those
18-38 offenses arose out of the same transaction or occurrence.
18-39 (c) “Program for reentry” means [a] :
18-40 (1) A correctional program for reentry of offenders and
18-41 parolees into the community that is established by the Director of
18-42 the Department of Corrections pursuant to section 3 of this act; or
18-43 (2) A judicial program for reentry of [prisoners] offenders
18-44 and parolees into the community that is established in a judicial
18-45 district pursuant to NRS 209.4883.
19-1 (d) “Sexual offense” has the meaning ascribed to it in paragraph
19-2 (b) of subsection 7 of NRS 179.245.
19-3 Sec. 39. NRS 213.340 is hereby repealed.
19-4 TEXT OF REPEALED SECTION
19-5 213.340 Contracts for quartering enrollees; suitable
19-6 facilities required.
19-7 1. The Director of the Department of Corrections may contract
19-8 with the governing bodies of political subdivisions in this state for
19-9 quartering in suitable local facilities the offenders enrolled in
19-10 programs of work release. Each such facility must satisfy standards
19-11 established by the Director to assure secure custody of offenders
19-12 quartered therein.
19-13 2. The Director shall not enroll any offender in the program of
19-14 work release unless he has determined that suitable facilities for
19-15 quartering the offender are available in the locality where the
19-16 offender has employment or the offer of employment.
19-17 H