Senate Bill No. 317–Senators Wiener and Amodei

 

March 17, 2003

____________

 

Joint Sponsor: Assemblywoman Leslie

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes relating to incarcerated persons. (BDR 34‑594)

 

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 incarcerated persons; requiring the Department of Education to adopt regulations that establish a statewide program of education for incarcerated persons and to coordinate with and assist school districts in operating programs of education for incarcerated persons; creating in the State Treasury the Fund for Programs of Education for Incarcerated Persons; authorizing school districts to operate programs of education for incarcerated persons under certain circumstances; providing procedures if a manager or warden excludes from a facility or institution a person employed by a school district to operate a program of education for incarcerated persons in the facility or institution; authorizing the University and Community College System of Nevada to offer courses that lead to a postsecondary degree for incarcerated persons; providing free tuition to certain incarcerated persons under certain conditions; making various changes to provisions relating to credits against the sentence of an offender; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1  Section 1. Chapter 388 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 7, inclusive, of this

2-3  act.

2-4  Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless

2-5  the context otherwise requires, “incarcerated persons” means

2-6  persons who are incarcerated in a facility or institution operated

2-7  by the Department of Corrections.

2-8  Sec. 3.  1.  The Department of Education, after consulting

2-9  with the Department of Corrections, shall:

2-10      (a) Adopt regulations that establish a statewide program of

2-11  education for incarcerated persons; and

2-12      (b) Coordinate with and assist school districts in operating

2-13  programs of education for incarcerated persons.

2-14      2.  The statewide program may include courses of study for:

2-15      (a) A high school diploma;

2-16      (b) Basic literacy;

2-17      (c) English as a second language;

2-18      (d) General educational development;

2-19      (e) Life skills;

2-20      (f) Occupational education; and

2-21      (g) Postsecondary education, including, without limitation,

2-22  courses of study that are offered by any branch or facility of the

2-23  University and Community College System of Nevada.

2-24      3.  The statewide program does not include the programs of

2-25  general education, vocational education and training established

2-26  by the Board of State Prison Commissioners pursuant to

2-27  NRS 209.389.

2-28      4.  The statewide program must establish:

2-29      (a) Standards for each course of study that set forth the:

2-30          (1) Curriculum;

2-31          (2) Qualifications for entry; and

2-32          (3) Evaluation of incarcerated persons for placement; and

2-33      (b) Procedures to ensure that an incarcerated person who

2-34  earns credits in a program of education for incarcerated persons

2-35  operated by a school district at a facility or institution may, if

2-36  transferred to a different facility or institution, transfer those

2-37  credits to the program operated by a school district at that facility

2-38  or institution.

2-39      5.  As used in this section, “general educational development”

2-40  means preparation for and administration of the standardized

2-41  examinations that enable persons who have not graduated from

2-42  high school to demonstrate that they have achieved an educational

2-43  level which is an acceptable substitute for completing a high

2-44  school education. The term includes programs for obtaining a

2-45  general educational development certificate.

3-1  Sec. 4.  1.  There is hereby created in the State Treasury the

3-2  Fund for Programs of Education for Incarcerated Persons. The

3-3  Fund is administered by the State Board. The Superintendent of

3-4  Public Instruction may accept gifts and grants of money from any

3-5  source for deposit in the Fund. The interest and income earned on

3-6  the money in the Fund, after deducting any applicable charges,

3-7  must be credited to the Fund.

3-8  2.  Money in the Fund must be used for programs of

3-9  education for incarcerated persons.

3-10      3.  Money in the Fund must not be:

3-11      (a) Considered in negotiations between a recognized

3-12  organization of employees of a school district and the school

3-13  district; or

3-14      (b) Used to reduce the amount of money which would

3-15  otherwise be made available for programs of education for

3-16  incarcerated persons in the absence of this section.

3-17      4.  The Department shall establish a formula for equitably

3-18  allocating money from the Fund to each school district that

3-19  operates a program of education for incarcerated persons.

3-20      5.  The State Board shall establish annually, within the limits

3-21  of money available in the Fund, a basic allocation to each school

3-22  district that operates a program of education for incarcerated

3-23  persons.

3-24      Sec. 5.  1.  The board of trustees of a school district may,

3-25  with the cooperation of the Department of Corrections, operate a

3-26  program of education for incarcerated persons in any facility or

3-27  institution operated by the Department of Corrections in the

3-28  county of the school district.

3-29      2.  A school district that operates a program of education for

3-30  incarcerated persons shall:

3-31      (a) Comply with the standards for such programs established

3-32  by the Department of Education in the statewide program

3-33  established pursuant to section 3 of this act;

3-34      (b) As a condition for obtaining an allocation from the Fund

3-35  for Programs of Education for Incarcerated Persons, submit to the

3-36  Department of Education:

3-37          (1) An application to operate such a program; and

3-38          (2) A detailed budget for the program; and

3-39      (c) If the school district receives an allocation from the Fund,

3-40  obtain the approval of the Department of Education before it

3-41  makes any changes in categorical expenditures.

3-42      Sec. 6.  The Board of Regents of the University of Nevada

3-43  may, with the cooperation of the Department of Corrections, offer

3-44  courses that lead to a postsecondary degree for incarcerated

4-1  persons in any facility or institution operated by the Department of

4-2  Corrections.

4-3  Sec. 7.  1.  If a manager or warden excludes from the facility

4-4  or institution a person employed by a school district to operate a

4-5  program of education for incarcerated persons in the facility or

4-6  institution, an interagency panel must be convened.

4-7  2.  The interagency panel must:

4-8  (a) Consist of:

4-9       (1) The Director of the Department of Corrections or his

4-10  designee;

4-11          (2) The Superintendent of Public Instruction or his

4-12  designee; and

4-13          (3) The immediate supervisor of the person employed by the

4-14  school district.

4-15      (b) Conduct a hearing in compliance with all applicable

4-16  provisions of chapter 233B of NRS.

4-17      3.  The decision of the interagency panel is a final decision in

4-18  a contested case.

4-19      Sec. 8.  NRS 396.540 is hereby amended to read as follows:

4-20      396.540  1.  For the purposes of this section:

4-21      (a) “Bona fide resident” shall be construed in accordance with

4-22  the provisions of NRS 10.155. The qualification “bona fide” is

4-23  intended to assure that the residence is genuine and established for

4-24  purposes other than the avoidance of tuition.

4-25      (b) “Tuition charge” means a charge assessed against students

4-26  who are not residents of Nevada and which is in addition to

4-27  registration fees or other fees assessed against students who are

4-28  residents of Nevada.

4-29      2.  The Board of Regents may fix a tuition charge for students

4-30  at all campuses of the University of Nevada System, but tuition shall

4-31  be free to:

4-32      (a) All students whose families are bona fide residents of the

4-33  State of Nevada;

4-34      (b) All students whose families reside outside of the State of

4-35  Nevada, providing such students have themselves been bona fide

4-36  residents of the State of Nevada for at least 6 months prior to their

4-37  matriculation at the university;

4-38      (c) All public school teachers who are employed full-time by

4-39  school districts in the State of Nevada; [and]

4-40      (d) All full-time teachers in private elementary, secondary and

4-41  postsecondary educational institutions in the State of Nevada whose

4-42  curricula meet the requirements of chapter 394 of NRS[.] ; and

4-43      (e) Incarcerated persons who take courses that lead to a

4-44  postsecondary degree offered pursuant to section 3 of this act if

5-1  they meet the eligibility criteria for federal need-based financial

5-2  aid.

5-3  3.  In its discretion, the Board of Regents may grant tuitions

5-4  free each university semester to worthwhile and deserving students

5-5  from other states and foreign countries, in number not to exceed a

5-6  number equal to 3 percent of the total matriculated enrollment of

5-7  students for the last preceding fall semester.

5-8  Sec. 9.  NRS 209.396 is hereby amended to read as follows:

5-9  209.396  1.  Except as otherwise provided in this section, an

5-10  offender who is illiterate may not be assigned to an industrial or a

5-11  vocational program unless:

5-12      (a) He is regularly attending and making satisfactory progress in

5-13  a program for general education; or

5-14      (b) The Director for good cause determines that the limitation on

5-15  assignment should be waived under the circumstances with respect

5-16  to a particular offender.

5-17      2.  An offender whose:

5-18      (a) Native language is not English;

5-19      (b) Ability to read and write in his native language is at or above

5-20  the level of literacy designated by the Board in its regulations; and

5-21      (c) Ability to read and write the English language is

5-22  below the level of literacy designated by the Board in its

5-23  regulations,

5-24  may not be assigned to an industrial or a vocational program unless

5-25  he is regularly attending and making satisfactory progress in a

5-26  course which teaches English as a second language or the Director

5-27  for good cause determines that the limitation on assignment should

5-28  be waived under the circumstances with respect to a particular

5-29  offender.

5-30      3.  Upon written documentation that an illiterate offender has a

5-31  developmental, learning or other similar disability which affects his

5-32  ability to learn, the Director may:

5-33      (a) Adapt or create an educational program or guidelines for

5-34  evaluating the educational progress of the offender to meet his

5-35  particular needs; or

5-36      (b) Exempt the offender from the required participation in an

5-37  educational program prescribed by this section.

5-38      4.  The provisions of this section do not apply to an offender

5-39  who presents satisfactory evidence that he has a high school

5-40  diploma or [general equivalency diploma.] a general educational

5-41  development certificate.

5-42      5.  As used in this section, “illiterate” means having an ability

5-43  to read and write that is below the level of literacy designated by the

5-44  Board in its regulations.

 

6-1  Sec. 10.  NRS 209.433 is hereby amended to read as follows:

6-2  209.433  1.  Every offender who was sentenced to prison on or

6-3  before June 30, 1969, who has no serious infraction of the

6-4  regulations of the Department, the terms and conditions of his

6-5  residential confinement, or the laws of the State recorded against

6-6  him, and who performs in a faithful, orderly and peaceable manner

6-7  the duties assigned to him, must be allowed for his term a deduction

6-8  of 2 months in each of the first 2 years, 4 months in each of the next

6-9  2 years, and 5 months in each of the remaining years of the term,

6-10  and pro rata for any part of a year where the sentence is for more or

6-11  less than a year.

6-12      2.  In addition to the credits for good behavior provided for in

6-13  subsection 1, the Board shall adopt regulations allowing credits for

6-14  offenders whose diligence in labor or study merits the credits and

6-15  for offenders who donate their blood for charitable purposes. The

6-16  regulations must provide that an offender is entitled to the following

6-17  credits for educational achievement:

6-18      (a) For earning a general [equivalency diploma, 30 days.

6-19      (b) For earning a] educational development certificate or high

6-20  school diploma, but not both, 60 days.

6-21      [(c)] (b) For earning an associate degree, 90 days.

6-22      3.  Each offender is entitled to the deductions allowed by this

6-23  section if he has satisfied the conditions of subsection 1 or 2 as

6-24  determined by the Director.

6-25      Sec. 11.  NRS 209.443 is hereby amended to read as follows:

6-26      209.443  1.  Every offender who is sentenced to prison after

6-27  June 30, 1969, for a crime committed before July 1, 1985, who has

6-28  no serious infraction of the regulations of the Department, the terms

6-29  and conditions of his residential confinement, or the laws of the

6-30  State recorded against him, and who performs in a faithful, orderly

6-31  and peaceable manner the duties assigned to him, must be allowed:

6-32      (a) For the period he is actually incarcerated under sentence; and

6-33      (b) For the period he is in residential confinement,

6-34  a deduction of 2 months for each of the first 2 years, 4 months for

6-35  each of the next 2 years[,] and 5 months for each of the remaining

6-36  years of the term, and pro rata for any part of a year where the actual

6-37  term served is for more or less than a year. Credit must be recorded

6-38  on a monthly basis as earned for actual time served.

6-39      2.  The credits earned by an offender must be deducted from the

6-40  maximum term imposed by the sentence and, except as otherwise

6-41  provided in subsection 5, must apply to eligibility for parole.

6-42      3.  In addition to the credits for good behavior provided for in

6-43  subsection 1, the Board shall adopt regulations allowing credits for

6-44  offenders whose diligence in labor or study merits such credits and

6-45  for offenders who donate their blood for charitable purposes. The

7-1  regulations must provide that an offender is entitled to the following

7-2  credits for educational achievement:

7-3  (a) For earning a [general equivalency diploma,] general

7-4  educational development certificate, 30 days.

7-5  (b) For earning a high school diploma, 60 days.

7-6  (c) For earning an associate degree, 90 days.

7-7  4.  Each offender is entitled to the deductions allowed by this

7-8  section if he has satisfied the conditions of subsection 1 or 3 as

7-9  determined by the Director.

7-10      5.  Credits earned pursuant to this section do not apply to

7-11  eligibility for parole if a statute specifies a minimum sentence which

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

7-13      Sec. 12.  NRS 209.446 is hereby amended to read as follows:

7-14      209.446  1.  Every offender who is sentenced to prison for a

7-15  crime committed on or after July 1, 1985, but before July 17, 1997,

7-16  who has no serious infraction of the regulations of the Department,

7-17  the terms and conditions of his residential confinement, or the laws

7-18  of the State recorded against him, and who performs in a faithful,

7-19  orderly and peaceable manner the duties assigned to him, must be

7-20  allowed:

7-21      (a) For the period he is actually incarcerated under 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

7-25  NRS 209.4886,

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

7-27      2.  In addition to the credit provided for in subsection 1, the

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

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

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

7-31  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] educational development certificate or high

7-35  school diploma, but not both, 60 days.

7-36      [(c)] (b) For earning an associate degree, 90 days.

7-37      3.  The Director may allow not more than 10 days of credit each

7-38  month for an offender who participates in a diligent and responsible

7-39  manner in a center for the purpose of making restitution,

7-40  conservation camp, program of work release or another program

7-41  conducted outside of the prison. An offender who earns credit

7-42  pursuant to this subsection is entitled to the entire 20 days of credit

7-43  each month which is authorized in subsections 1 and 2.

7-44      4.  The Director may allow not more than 90 days of credit each

7-45  year for an offender who engages in exceptional meritorious service.

8-1  5.  The Board shall adopt regulations governing the award,

8-2  forfeiture and restoration of credits pursuant to this section.

8-3  6.  Credits earned pursuant to this section:

8-4  (a) Must be deducted from the maximum term imposed by the

8-5  sentence; and

8-6  (b) Apply to eligibility for parole unless the offender was

8-7  sentenced pursuant to a statute which specifies a minimum sentence

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

8-9  Sec. 13.  NRS 209.4465 is hereby amended to read as follows:

8-10      209.4465  1.  An offender who is sentenced to prison for a

8-11  crime committed on or after July 17, 1997, who has no serious

8-12  infraction of the regulations of the Department, the terms and

8-13  conditions of his residential confinement or the laws of the State

8-14  recorded against him, and who performs in a faithful, orderly and

8-15  peaceable manner the duties assigned to him, must be allowed:

8-16      (a) For the period he is actually incarcerated pursuant to his

8-17  sentence;

8-18      (b) For the period he is in residential confinement; and

8-19      (c) For the period he is in the custody of the Division of Parole

8-20  and Probation of the Department of Public Safety pursuant to

8-21  NRS 209.4886,

8-22  a deduction of 10 days from his sentence for each month he serves.

8-23      2.  In addition to the credits allowed pursuant to subsection 1,

8-24  the Director may allow not more than 10 days of credit each month

8-25  for an offender whose diligence in labor and study merits such

8-26  credits. In addition to the credits allowed pursuant to this subsection,

8-27  an offender is entitled to the following credits for educational

8-28  achievement:

8-29      (a) For earning a general [equivalency diploma, 30 days.

8-30      (b) For earning] educational development certificate or a high

8-31  school diploma, but not both, 60 days.

8-32      [(c)] (b) For earning his first associate degree, 90 days.

8-33      3.  The Director may, in his discretion, authorize an offender to

8-34  receive a maximum of 90 days of credit for each additional degree

8-35  of higher education earned by the offender.

8-36      4.  The Director may allow not more than 10 days of credit each

8-37  month for an offender who participates in a diligent and responsible

8-38  manner in a center for the purpose of making restitution,

8-39  conservation camp, program of work release or another program

8-40  conducted outside of the prison. An offender who earns credit

8-41  pursuant to this subsection is eligible to earn the entire 20 days of

8-42  credit each month that is allowed pursuant to subsections 1 and 2.

8-43      5.  The Director may allow not more than 90 days of credit each

8-44  year for an offender who engages in exceptional meritorious service.

9-1  6.  The Board shall adopt regulations governing the award,

9-2  forfeiture and restoration of credits pursuant to this section.

9-3  7.  Credits earned pursuant to this section:

9-4  (a) Must be deducted from the maximum term imposed by the

9-5  sentence; and

9-6  (b) Apply to eligibility for parole unless the offender was

9-7  sentenced pursuant to a statute which specifies a minimum sentence

9-8  that must be served before a person becomes eligible for parole.

9-9  Sec. 14.  NRS 209.449 is hereby amended to read as follows:

9-10      209.449  1.  An offender who has no serious infraction of the

9-11  regulations of the Department, the terms and conditions of his

9-12  residential confinement, or the laws of the State recorded against

9-13  him must be allowed, in addition to the credits provided pursuant to

9-14  NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 30

9-15  days from the maximum term of his sentence for the completion of

9-16  [a] :

9-17      (a) A program of vocational education and training[.] ; or

9-18      (b) Any other program approved by the Director.

9-19      2.  If the offender completes [the program of vocational

9-20  education and training] such a program with meritorious or

9-21  exceptional achievement, the Director may allow not more than 60

9-22  days of credit in addition to the 30 days allowed for completion of

9-23  the program.

9-24      Sec. 15.  NRS 211.330 is hereby amended to read as follows:

9-25      211.330  1.  In addition to the credits on a term of

9-26  imprisonment provided for in NRS 211.310, 211.320 and 211.340,

9-27  the sheriff of the county or the chief of police of the municipality in

9-28  which a prisoner is incarcerated shall deduct 5 days from his term of

9-29  imprisonment for earning a [general equivalency diploma or the

9-30  equivalence] general educational development certificate, or the

9-31  equivalent thereof , by successfully completing an educational

9-32  program for adults conducted jointly by the local detention facility

9-33  in which he is incarcerated and the school district in which the

9-34  facility is located.

9-35      2.  The provisions of this section apply to any prisoner who is

9-36  sentenced on or after October 1, 1991, to a term of imprisonment of

9-37  90 days or more.

9-38      Sec. 16.  NRS 213.315 is hereby amended to read as follows:

9-39      213.315  1.  Except as otherwise provided in this section, an

9-40  offender who is illiterate is not eligible to participate in a program of

9-41  work release unless:

9-42      (a) He is regularly attending and making satisfactory progress in

9-43  a program for general education; or

10-1      (b) The Director, for good cause, determines that the limitation

10-2  on eligibility should be waived under the circumstances with respect

10-3  to a particular offender.

10-4      2.  An offender whose:

10-5      (a) Native language is not English;

10-6      (b) Ability to read and write in his native language is at or above

10-7  the level of literacy designated by the Board of State Prison

10-8  Commissioners in its regulations; and

10-9      (c) Ability to read and write the English language is below the

10-10  level of literacy designated by the Board of State Prison

10-11  Commissioners in its regulations,

10-12  may not be assigned to an industrial or a vocational program unless

10-13  he is regularly attending and making satisfactory progress in a

10-14  course which teaches English as a second language or the Director,

10-15  for good cause, determines that the limitation on eligibility should

10-16  be waived under the circumstances with respect to a particular

10-17  offender.

10-18     3.  Upon written documentation that an illiterate offender has a

10-19  developmental, learning or other similar disability which affects his

10-20  ability to learn, the Director of the Department of Corrections may:

10-21     (a) Adapt or create an educational program or guidelines for

10-22  evaluating the educational progress of the offender to meet his

10-23  particular needs; or

10-24     (b) Exempt the offender from the required participation in an

10-25  educational program prescribed by this section.

10-26     4.  The provisions of this section do not apply to an offender

10-27  who:

10-28     (a) Presents satisfactory evidence that he has a high school

10-29  diploma or [general equivalency diploma;] a general educational

10-30  development certificate; or

10-31     (b) Is admitted into a program of work release for the purpose of

10-32  obtaining additional education in this state.

10-33     5.  As used in this section, “illiterate” means having an ability

10-34  to read and write that is below the level of literacy designated by the

10-35  Board of State Prison Commissioners in its regulations.

10-36     Sec. 17.  This act becomes effective on July 1, 2003.

 

10-37  H