(Reprinted with amendments adopted on April 17, 2003)

 

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; waiving the registration fees of certain incarcerated persons; 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:

 

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

1-2  thereto the provisions set forth as sections 2 to 7, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless

1-5  the context otherwise requires, “incarcerated persons” means

1-6  persons who are incarcerated in a facility or institution operated

1-7  by the Department of Corrections.

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

1-9  with the Department of Corrections, shall:

1-10      (a) Adopt regulations that establish a statewide program of

1-11  education for incarcerated persons; and

1-12      (b) Coordinate with and assist school districts in operating

1-13  programs of education for incarcerated persons.

1-14      2.  The statewide program may include courses of study for:

1-15      (a) A high school diploma;

1-16      (b) Basic literacy;

1-17      (c) English as a second language;

1-18      (d) General educational development;

1-19      (e) Life skills;

1-20      (f) Occupational education; and

1-21      (g) Postsecondary education.

1-22      3.  The statewide program does not include the programs of

1-23  general education, vocational education and training established

1-24  by the Board of State Prison Commissioners pursuant to

1-25  NRS 209.389.

1-26      4.  The statewide program must establish:

1-27      (a) Standards for each course of study that set forth the:

1-28          (1) Curriculum;

1-29          (2) Qualifications for entry; and

1-30          (3) Evaluation of incarcerated persons for placement; and

1-31      (b) Procedures to ensure that an incarcerated person who

1-32  earns credits in a program of education for incarcerated persons

1-33  operated by a school district at a facility or institution shall, if

1-34  transferred to a different facility or institution, transfer those

1-35  credits to the program operated by a school district at that facility

1-36  or institution.

1-37      5.  As used in this section, “general educational development”

1-38  means preparation for and administration of the standardized

1-39  examinations that enable persons who have not graduated from

1-40  high school to demonstrate that they have achieved an educational

1-41  level which denotes competency in core curriculum. The term

2-1  includes programs for obtaining a general educational

2-2  development certificate.

2-3  Sec. 4.  1.  There is hereby created in the State Treasury the

2-4  Fund for Programs of Education for Incarcerated Persons. The

2-5  Fund is administered by the State Board. The Superintendent of

2-6  Public Instruction may accept gifts and grants of money from any

2-7  source for deposit in the Fund. The interest and income earned on

2-8  the money in the Fund, after deducting any applicable charges,

2-9  must be credited to the Fund.

2-10      2.  Money in the Fund must be used for programs of

2-11  education for incarcerated persons.

2-12      3.  Money in the Fund must not be:

2-13      (a) Considered in negotiations between a recognized

2-14  organization of employees of a school district and the school

2-15  district; or

2-16      (b) Used to reduce the amount of money which would

2-17  otherwise be made available for programs of education for

2-18  incarcerated persons in the absence of this section.

2-19      4.  The Department shall establish a formula for equitably

2-20  allocating money from the Fund to each school district that

2-21  operates a program of education for incarcerated persons.

2-22      5.  The State Board shall establish annually, within the limits

2-23  of money available in the Fund, a basic allocation to each school

2-24  district that operates a program of education for incarcerated

2-25  persons.

2-26      Sec. 5.  1.  The board of trustees of a school district may,

2-27  with the cooperation of the Department of Corrections, operate a

2-28  program of education for incarcerated persons in any facility or

2-29  institution operated by the Department of Corrections in the

2-30  county of the school district.

2-31      2.  A school district that operates a program of education for

2-32  incarcerated persons shall:

2-33      (a) Comply with the standards for such programs established

2-34  by the Department of Education in the statewide program

2-35  established pursuant to section 3 of this act;

2-36      (b) As a condition for obtaining an allocation from the Fund

2-37  for Programs of Education for Incarcerated Persons, submit to the

2-38  Department of Education:

2-39          (1) An application to operate such a program; and

2-40          (2) A detailed budget for the program; and

2-41      (c) If the school district receives an allocation from the Fund,

2-42  obtain the approval of the Department of Education before it

2-43  makes any changes in categorical expenditures.

2-44      Sec. 6.  The Board of Regents of the University of Nevada

2-45  may, with the cooperation of the Department of Corrections, offer

3-1  courses that lead to a postsecondary degree for incarcerated

3-2  persons in any facility or institution operated by the Department of

3-3  Corrections.

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

3-5  or institution a person employed by a school district to operate a

3-6  program of education for incarcerated persons in the facility or

3-7  institution, an interagency panel must be convened.

3-8  2.  The interagency panel must:

3-9  (a) Consist of:

3-10          (1) The Director of the Department of Corrections or his

3-11  designee;

3-12          (2) The Superintendent of Public Instruction or his

3-13  designee; and

3-14          (3) The immediate supervisor of the person employed by the

3-15  school district.

3-16      (b) Conduct a hearing in compliance with all applicable

3-17  provisions of chapter 233B of NRS.

3-18      3.  The decision of the interagency panel is a final decision in

3-19  a contested case.

3-20      Sec. 8.  NRS 396.540 is hereby amended to read as follows:

3-21      396.540  1.  For the purposes of this section:

3-22      (a) “Bona fide resident” shall be construed in accordance with

3-23  the provisions of NRS 10.155. The qualification “bona fide” is

3-24  intended to assure that the residence is genuine and established for

3-25  purposes other than the avoidance of tuition.

3-26      (b) “Tuition charge” means a charge assessed against students

3-27  who are not residents of Nevada and which is in addition to

3-28  registration fees or other fees assessed against students who are

3-29  residents of Nevada.

3-30      2.  The Board of Regents may fix a tuition charge for students

3-31  at all campuses of the University of Nevada System, but tuition shall

3-32  be free to:

3-33      (a) All students whose families are bona fide residents of the

3-34  State of Nevada;

3-35      (b) All students whose families reside outside of the State of

3-36  Nevada, providing such students have themselves been bona fide

3-37  residents of the State of Nevada for at least 6 months prior to their

3-38  matriculation at the university;

3-39      (c) All public school teachers who are employed full-time by

3-40  school districts in the State of Nevada; [and]

3-41      (d) All full-time teachers in private elementary, secondary and

3-42  postsecondary educational institutions in the State of Nevada whose

3-43  curricula meet the requirements of chapter 394 of NRS[.] ; and

3-44      (e) Incarcerated persons who take courses that lead to a

3-45  postsecondary degree offered pursuant to section 3 of this act if

4-1  they meet the financial eligibility criteria for federal need-based

4-2  financial aid.

4-3  3.  In its discretion, the Board of Regents may grant tuitions

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

4-5  from other states and foreign countries, in number not to exceed a

4-6  number equal to 3 percent of the total matriculated enrollment of

4-7  students for the last preceding fall semester.

4-8  4.  In its discretion, the Board of Regents may waive the

4-9  registration fees of any incarcerated person who:

4-10      (a) Is taking courses that lead to a postsecondary degree

4-11  offered pursuant to section 3 of this act; and

4-12      (b) Meets the financial eligibility criteria for federal need-

4-13  based financial aid.

4-14      Sec. 9.  NRS 209.396 is hereby amended to read as follows:

4-15      209.396  1.  Except as otherwise provided in this section, an

4-16  offender who is illiterate may not be assigned to an industrial or a

4-17  vocational program unless:

4-18      (a) He is regularly attending and making satisfactory progress in

4-19  a program for general education; or

4-20      (b) The Director for good cause determines that the limitation on

4-21  assignment should be waived under the circumstances with respect

4-22  to a particular offender.

4-23      2.  An offender whose:

4-24      (a) Native language is not English;

4-25      (b) Ability to read and write in his native language is at or above

4-26  the level of literacy designated by the Board in its regulations; and

4-27      (c) Ability to read and write the English language is

4-28  below the level of literacy designated by the Board in its

4-29  regulations,

4-30  may not be assigned to an industrial or a vocational program unless

4-31  he is regularly attending and making satisfactory progress in a

4-32  course which teaches English as a second language or the Director

4-33  for good cause determines that the limitation on assignment should

4-34  be waived under the circumstances with respect to a particular

4-35  offender.

4-36      3.  Upon written documentation that an illiterate offender has a

4-37  developmental, learning or other similar disability which affects his

4-38  ability to learn, the Director may:

4-39      (a) Adapt or create an educational program or guidelines for

4-40  evaluating the educational progress of the offender to meet his

4-41  particular needs; or

4-42      (b) Exempt the offender from the required participation in an

4-43  educational program prescribed by this section.

4-44      4.  The provisions of this section do not apply to an offender

4-45  who presents satisfactory evidence that he has a high school

5-1  diploma or [general equivalency diploma.] a general educational

5-2  development certificate.

5-3  5.  As used in this section, “illiterate” means having an ability

5-4  to read and write that is below the level of literacy designated by the

5-5  Board in its regulations.

5-6  Sec. 10.  NRS 209.433 is hereby amended to read as follows:

5-7  209.433  1.  Every offender who was sentenced to prison on or

5-8  before June 30, 1969, who has no serious infraction of the

5-9  regulations of the Department, the terms and conditions of his

5-10  residential confinement, or the laws of the State recorded against

5-11  him, and who performs in a faithful, orderly and peaceable manner

5-12  the duties assigned to him, must be allowed for his term a deduction

5-13  of 2 months in each of the first 2 years, 4 months in each of the next

5-14  2 years, and 5 months in each of the remaining years of the term,

5-15  and pro rata for any part of a year where the sentence is for more or

5-16  less than a year.

5-17      2.  In addition to the credits for good behavior provided for in

5-18  subsection 1, the Board shall adopt regulations allowing credits for

5-19  offenders whose diligence in labor or study merits the credits and

5-20  for offenders who donate their blood for charitable purposes. The

5-21  regulations must provide that an offender is entitled to the following

5-22  credits for educational achievement:

5-23      (a) For earning a general [equivalency diploma,] educational

5-24  development certificate, 30 days.

5-25      (b) For earning a high school diploma, 60 days.

5-26      (c) For earning an associate degree, 90 days.

5-27      3.  Each offender is entitled to the deductions allowed by this

5-28  section if he has satisfied the conditions of subsection 1 or 2 as

5-29  determined by the Director.

5-30      Sec. 11.  NRS 209.443 is hereby amended to read as follows:

5-31      209.443  1.  Every offender who is sentenced to prison after

5-32  June 30, 1969, for a crime committed before July 1, 1985, who has

5-33  no serious infraction of the regulations of the Department, the terms

5-34  and conditions of his residential confinement, or the laws of the

5-35  State recorded against him, and who performs in a faithful, orderly

5-36  and peaceable manner the duties assigned to him, must be allowed:

5-37      (a) For the period he is actually incarcerated under sentence; and

5-38      (b) For the period he is in residential confinement,

5-39  a deduction of 2 months for each of the first 2 years, 4 months for

5-40  each of the next 2 years[,] and 5 months for each of the remaining

5-41  years of the term, and pro rata for any part of a year where the actual

5-42  term served is for more or less than a year. Credit must be recorded

5-43  on a monthly basis as earned for actual time served.

6-1  2.  The credits earned by an offender must be deducted from the

6-2  maximum term imposed by the sentence and, except as otherwise

6-3  provided in subsection 5, must apply to eligibility for parole.

6-4  3.  In addition to the credits for good behavior provided for in

6-5  subsection 1, the Board shall adopt regulations allowing credits for

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

6-7  for offenders who donate their blood for charitable purposes. The

6-8  regulations must provide that an offender is entitled to the following

6-9  credits for educational achievement:

6-10      (a) For earning a general [equivalency diploma,] educational

6-11  development certificate, 30 days.

6-12      (b) For earning a high school diploma, 60 days.

6-13      (c) For earning an associate degree, 90 days.

6-14      4.  Each offender is entitled to the deductions allowed by this

6-15  section if he has satisfied the conditions of subsection 1 or 3 as

6-16  determined by the Director.

6-17      5.  Credits earned pursuant to this section do not apply to

6-18  eligibility for parole if a statute specifies a minimum sentence which

6-19  must be served before a person becomes eligible for parole.

6-20      Sec. 12.  NRS 209.446 is hereby amended to read as follows:

6-21      209.446  1.  Every offender who is sentenced to prison for a

6-22  crime committed on or after July 1, 1985, but before July 17, 1997,

6-23  who has no serious infraction of the regulations of the Department,

6-24  the terms and conditions of his residential confinement, or the laws

6-25  of the State recorded against him, and who performs in a faithful,

6-26  orderly and peaceable manner the duties assigned to him, must be

6-27  allowed:

6-28      (a) For the period he is actually incarcerated under sentence;

6-29      (b) For the period he is in residential confinement; and

6-30      (c) For the period he is in the custody of the Division of Parole

6-31  and Probation of the Department of Public Safety pursuant to

6-32  NRS 209.4886,

6-33  a deduction of 10 days from his sentence for each month he serves.

6-34      2.  In addition to the credit provided for in subsection 1, the

6-35  Director may allow not more than 10 days of credit each month for

6-36  an offender whose diligence in labor and study merits such credits.

6-37  In addition to the credits allowed pursuant to this subsection, an

6-38  offender is entitled to the following credits for educational

6-39  achievement:

6-40      (a) For earning a general [equivalency diploma,] educational

6-41  development certificate, 30 days.

6-42      (b) For earning a high school diploma, 60 days.

6-43      (c) For earning an associate degree, 90 days.

6-44      3.  The Director may allow not more than 10 days of credit each

6-45  month for an offender who participates in a diligent and responsible

7-1  manner in a center for the purpose of making restitution,

7-2  conservation camp, program of work release or another program

7-3  conducted outside of the prison. An offender who earns credit

7-4  pursuant to this subsection is entitled to the entire 20 days of credit

7-5  each month which is authorized in subsections 1 and 2.

7-6  4.  The Director may allow not more than 90 days of credit each

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

7-8  5.  The Board shall adopt regulations governing the award,

7-9  forfeiture and restoration of credits pursuant to this section.

7-10      6.  Credits earned pursuant to this section:

7-11      (a) Must be deducted from the maximum term imposed by the

7-12  sentence; and

7-13      (b) Apply to eligibility for parole unless the offender was

7-14  sentenced pursuant to a statute which specifies a minimum sentence

7-15  which must be served before a person becomes eligible for parole.

7-16      Sec. 13.  NRS 209.4465 is hereby amended to read as follows:

7-17      209.4465  1.  An offender who is sentenced to prison for a

7-18  crime committed on or after July 17, 1997, who has no serious

7-19  infraction of the regulations of the Department, the terms and

7-20  conditions of his residential confinement or the laws of the State

7-21  recorded against him, and who performs in a faithful, orderly and

7-22  peaceable manner the duties assigned to him, must be allowed:

7-23      (a) For the period he is actually incarcerated pursuant to his

7-24  sentence;

7-25      (b) For the period he is in residential confinement; and

7-26      (c) For the period he is in the custody of the Division of Parole

7-27  and Probation of the Department of Public Safety pursuant to

7-28  NRS 209.4886,

7-29  a deduction of 10 days from his sentence for each month he serves.

7-30      2.  In addition to the credits allowed pursuant to subsection 1,

7-31  the Director may allow not more than 10 days of credit each month

7-32  for an offender whose diligence in labor and study merits such

7-33  credits. In addition to the credits allowed pursuant to this subsection,

7-34  an offender is entitled to the following credits for educational

7-35  achievement:

7-36      (a) For earning a general [equivalency diploma,] educational

7-37  development certificate, 30 days.

7-38      (b) For earning a high school diploma, 60 days.

7-39      (c) For earning his first associate degree, 90 days.

7-40      3.  The Director may, in his discretion, authorize an offender to

7-41  receive a maximum of 90 days of credit for each additional degree

7-42  of higher education earned by the offender.

7-43      4.  The Director may allow not more than 10 days of credit each

7-44  month for an offender who participates in a diligent and responsible

7-45  manner in a center for the purpose of making restitution,

8-1  conservation camp, program of work release or another program

8-2  conducted outside of the prison. An offender who earns credit

8-3  pursuant to this subsection is eligible to earn the entire 20 days of

8-4  credit each month that is allowed pursuant to subsections 1 and 2.

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

8-6  year for an offender who engages in exceptional meritorious service.

8-7  6.  The Board shall adopt regulations governing the award,

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

8-9  7.  Credits earned pursuant to this section:

8-10      (a) Must be deducted from the maximum term imposed by the

8-11  sentence; and

8-12      (b) Apply to eligibility for parole unless the offender was

8-13  sentenced pursuant to a statute which specifies a minimum sentence

8-14  that must be served before a person becomes eligible for parole.

8-15      Sec. 14.  NRS 209.449 is hereby amended to read as follows:

8-16      209.449  1.  An offender who has no serious infraction of the

8-17  regulations of the Department, the terms and conditions of his

8-18  residential confinement, or the laws of the State recorded against

8-19  him must be allowed, in addition to the credits provided pursuant to

8-20  NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 30

8-21  days from the maximum term of his sentence for the completion of

8-22  [a] :

8-23      (a) A program of vocational education and training[.] ; or

8-24      (b) Any other program approved by the Director.

8-25      2.  If the offender completes [the program of vocational

8-26  education and training] such a program with meritorious or

8-27  exceptional achievement, the Director may allow not more than 60

8-28  days of credit in addition to the 30 days allowed for completion of

8-29  the program.

8-30      Sec. 15.  NRS 211.330 is hereby amended to read as follows:

8-31      211.330  1.  In addition to the credits on a term of

8-32  imprisonment provided for in NRS 211.310, 211.320 and 211.340,

8-33  the sheriff of the county or the chief of police of the municipality in

8-34  which a prisoner is incarcerated shall deduct 5 days from his term of

8-35  imprisonment for earning a [general equivalency diploma or the

8-36  equivalence] general educational development certificate, or the

8-37  equivalent thereof , by successfully completing an educational

8-38  program for adults conducted jointly by the local detention facility

8-39  in which he is incarcerated and the school district in which the

8-40  facility is located.

8-41      2.  The provisions of this section apply to any prisoner who is

8-42  sentenced on or after October 1, 1991, to a term of imprisonment of

8-43  90 days or more.

 

 

9-1  Sec. 16.  NRS 213.315 is hereby amended to read as follows:

9-2  213.315  1.  Except as otherwise provided in this section, an

9-3  offender who is illiterate is not eligible to participate in a program of

9-4  work release unless:

9-5  (a) He is regularly attending and making satisfactory progress in

9-6  a program for general education; or

9-7  (b) The Director, for good cause, determines that the limitation

9-8  on eligibility should be waived under the circumstances with respect

9-9  to a particular offender.

9-10      2.  An offender whose:

9-11      (a) Native language is not English;

9-12      (b) Ability to read and write in his native language is at or above

9-13  the level of literacy designated by the Board of State Prison

9-14  Commissioners in its regulations; and

9-15      (c) Ability to read and write the English language is below the

9-16  level of literacy designated by the Board of State Prison

9-17  Commissioners in its regulations,

9-18  may not be assigned to an industrial or a vocational program unless

9-19  he is regularly attending and making satisfactory progress in a

9-20  course which teaches English as a second language or the Director,

9-21  for good cause, determines that the limitation on eligibility should

9-22  be waived under the circumstances with respect to a particular

9-23  offender.

9-24      3.  Upon written documentation that an illiterate offender has a

9-25  developmental, learning or other similar disability which affects his

9-26  ability to learn, the Director of the Department of Corrections may:

9-27      (a) Adapt or create an educational program or guidelines for

9-28  evaluating the educational progress of the offender to meet his

9-29  particular needs; or

9-30      (b) Exempt the offender from the required participation in an

9-31  educational program prescribed by this section.

9-32      4.  The provisions of this section do not apply to an offender

9-33  who:

9-34      (a) Presents satisfactory evidence that he has a high school

9-35  diploma or [general equivalency diploma;] a general educational

9-36  development certificate; or

9-37      (b) Is admitted into a program of work release for the purpose of

9-38  obtaining additional education in this state.

9-39      5.  As used in this section, “illiterate” means having an ability

9-40  to read and write that is below the level of literacy designated by the

9-41  Board of State Prison Commissioners in its regulations.

9-42      Sec. 17.  This act becomes effective on July 1, 2003.

 

9-43  H