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.
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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 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; revising the provisions governing the manner in which prisoners may be released from jail when the jail becomes overcrowded; 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. (Deleted by amendment.)
3-21 Sec. 9. NRS 209.396 is hereby amended to read as follows:
3-22 209.396 1. Except as otherwise provided in this section, an
3-23 offender who is illiterate may not be assigned to an industrial or a
3-24 vocational program unless:
3-25 (a) He is regularly attending and making satisfactory progress in
3-26 a program for general education; or
3-27 (b) The Director for good cause determines that the limitation on
3-28 assignment should be waived under the circumstances with respect
3-29 to a particular offender.
3-30 2. An offender whose:
3-31 (a) Native language is not English;
3-32 (b) Ability to read and write in his native language is at or above
3-33 the level of literacy designated by the Board in its regulations; and
3-34 (c) Ability to read and write the English language is
3-35 below the level of literacy designated by the Board in its
3-36 regulations,
3-37 may not be assigned to an industrial or a vocational program unless
3-38 he is regularly attending and making satisfactory progress in a
3-39 course which teaches English as a second language or the Director
3-40 for good cause determines that the limitation on assignment should
3-41 be waived under the circumstances with respect to a particular
3-42 offender.
3-43 3. Upon written documentation that an illiterate offender has a
3-44 developmental, learning or other similar disability which affects his
3-45 ability to learn, the Director may:
4-1 (a) Adapt or create an educational program or guidelines for
4-2 evaluating the educational progress of the offender to meet his
4-3 particular needs; or
4-4 (b) Exempt the offender from the required participation in an
4-5 educational program prescribed by this section.
4-6 4. The provisions of this section do not apply to an offender
4-7 who presents satisfactory evidence that he has a high school
4-8 diploma or [general equivalency diploma.] a general educational
4-9 development certificate.
4-10 5. As used in this section, “illiterate” means having an ability
4-11 to read and write that is below the level of literacy designated by the
4-12 Board in its regulations.
4-13 Sec. 10. NRS 209.433 is hereby amended to read as follows:
4-14 209.433 1. Every offender who was sentenced to prison on or
4-15 before June 30, 1969, who has no serious infraction of the
4-16 regulations of the Department, the terms and conditions of his
4-17 residential confinement, or the laws of the State recorded against
4-18 him, and who performs in a faithful, orderly and peaceable manner
4-19 the duties assigned to him, must be allowed for his term a deduction
4-20 of 2 months in each of the first 2 years, 4 months in each of the next
4-21 2 years, and 5 months in each of the remaining years of the term,
4-22 and pro rata for any part of a year where the sentence is for more or
4-23 less than a year.
4-24 2. In addition to the credits for good behavior provided for in
4-25 subsection 1, the Board shall adopt regulations allowing credits for
4-26 offenders whose diligence in labor or study merits the credits and
4-27 for offenders who donate their blood for charitable purposes. The
4-28 regulations must provide that an offender is entitled to the following
4-29 credits for educational achievement:
4-30 (a) For earning a general [equivalency diploma,] educational
4-31 development certificate, 30 days.
4-32 (b) For earning a high school diploma, 60 days.
4-33 (c) For earning an associate degree, 90 days.
4-34 3. Each offender is entitled to the deductions allowed by this
4-35 section if he has satisfied the conditions of subsection 1 or 2 as
4-36 determined by the Director.
4-37 Sec. 11. NRS 209.443 is hereby amended to read as follows:
4-38 209.443 1. Every offender who is sentenced to prison after
4-39 June 30, 1969, for a crime committed before July 1, 1985, who has
4-40 no serious infraction of the regulations of the Department, the terms
4-41 and conditions of his residential confinement, or the laws of the
4-42 State recorded against him, and who performs in a faithful, orderly
4-43 and peaceable manner the duties assigned to him, must be allowed:
4-44 (a) For the period he is actually incarcerated under sentence; and
4-45 (b) For the period he is in residential confinement,
5-1 a deduction of 2 months for each of the first 2 years, 4 months for
5-2 each of the next 2 years[,] and 5 months for each of the remaining
5-3 years of the term, and pro rata for any part of a year where the actual
5-4 term served is for more or less than a year. Credit must be recorded
5-5 on a monthly basis as earned for actual time served.
5-6 2. The credits earned by an offender must be deducted from the
5-7 maximum term imposed by the sentence and, except as otherwise
5-8 provided in subsection 5, must apply to eligibility for parole.
5-9 3. In addition to the credits for good behavior provided for in
5-10 subsection 1, the Board shall adopt regulations allowing credits for
5-11 offenders whose diligence in labor or study merits such credits and
5-12 for offenders who donate their blood for charitable purposes. The
5-13 regulations must provide that an offender is entitled to the following
5-14 credits for educational achievement:
5-15 (a) For earning a general [equivalency diploma,] educational
5-16 development certificate, 30 days.
5-17 (b) For earning a high school diploma, 60 days.
5-18 (c) For earning an associate degree, 90 days.
5-19 4. Each offender is entitled to the deductions allowed by this
5-20 section if he has satisfied the conditions of subsection 1 or 3 as
5-21 determined by the Director.
5-22 5. Credits earned pursuant to this section do not apply to
5-23 eligibility for parole if a statute specifies a minimum sentence which
5-24 must be served before a person becomes eligible for parole.
5-25 Sec. 12. NRS 209.446 is hereby amended to read as follows:
5-26 209.446 1. Every offender who is sentenced to prison for a
5-27 crime committed on or after July 1, 1985, but before July 17, 1997,
5-28 who has no serious infraction of the regulations of the Department,
5-29 the terms and conditions of his residential confinement, or the laws
5-30 of the State recorded against him, and who performs in a faithful,
5-31 orderly and peaceable manner the duties assigned to him, must be
5-32 allowed:
5-33 (a) For the period he is actually incarcerated under sentence;
5-34 (b) For the period he is in residential confinement; and
5-35 (c) For the period he is in the custody of the Division of Parole
5-36 and Probation of the Department of Public Safety pursuant to
5-37 NRS 209.4886,
5-38 a deduction of 10 days from his sentence for each month he serves.
5-39 2. In addition to the credit provided for in subsection 1, the
5-40 Director may allow not more than 10 days of credit each month for
5-41 an offender whose diligence in labor and study merits such credits.
5-42 In addition to the credits allowed pursuant to this subsection, an
5-43 offender is entitled to the following credits for educational
5-44 achievement:
6-1 (a) For earning a general [equivalency diploma,] educational
6-2 development certificate, 30 days.
6-3 (b) For earning a high school diploma, 60 days.
6-4 (c) For earning an associate degree, 90 days.
6-5 3. The Director may allow not more than 10 days of credit each
6-6 month for an offender who participates in a diligent and responsible
6-7 manner in a center for the purpose of making restitution,
6-8 conservation camp, program of work release or another program
6-9 conducted outside of the prison. An offender who earns credit
6-10 pursuant to this subsection is entitled to the entire 20 days of credit
6-11 each month which is authorized in subsections 1 and 2.
6-12 4. The Director may allow not more than 90 days of credit each
6-13 year for an offender who engages in exceptional meritorious service.
6-14 5. The Board shall adopt regulations governing the award,
6-15 forfeiture and restoration of credits pursuant to this section.
6-16 6. Credits earned pursuant to this section:
6-17 (a) Must be deducted from the maximum term imposed by the
6-18 sentence; and
6-19 (b) Apply to eligibility for parole unless the offender was
6-20 sentenced pursuant to a statute which specifies a minimum sentence
6-21 which must be served before a person becomes eligible for parole.
6-22 Sec. 13. NRS 209.4465 is hereby amended to read as follows:
6-23 209.4465 1. An offender who is sentenced to prison for a
6-24 crime committed on or after July 17, 1997, who has no serious
6-25 infraction of the regulations of the Department, the terms and
6-26 conditions of his residential confinement or the laws of the State
6-27 recorded against him, and who performs in a faithful, orderly and
6-28 peaceable manner the duties assigned to him, must be allowed:
6-29 (a) For the period he is actually incarcerated pursuant to his
6-30 sentence;
6-31 (b) For the period he is in residential confinement; and
6-32 (c) For the period he is in the custody of the Division of Parole
6-33 and Probation of the Department of Public Safety pursuant to
6-34 NRS 209.4886,
6-35 a deduction of 10 days from his sentence for each month he serves.
6-36 2. In addition to the credits allowed pursuant to subsection 1,
6-37 the Director may allow not more than 10 days of credit each month
6-38 for an offender whose diligence in labor and study merits such
6-39 credits. In addition to the credits allowed pursuant to this subsection,
6-40 an offender is entitled to the following credits for educational
6-41 achievement:
6-42 (a) For earning a general [equivalency diploma,] educational
6-43 development certificate, 30 days.
6-44 (b) For earning a high school diploma, 60 days.
6-45 (c) For earning his first associate degree, 90 days.
7-1 3. The Director may, in his discretion, authorize an offender to
7-2 receive a maximum of 90 days of credit for each additional degree
7-3 of higher education earned by the offender.
7-4 4. The Director may allow not more than 10 days of credit each
7-5 month for an offender who participates in a diligent and responsible
7-6 manner in a center for the purpose of making restitution,
7-7 conservation camp, program of work release or another program
7-8 conducted outside of the prison. An offender who earns credit
7-9 pursuant to this subsection is eligible to earn the entire 20 days of
7-10 credit each month that is allowed pursuant to subsections 1 and 2.
7-11 5. The Director may allow not more than 90 days of credit each
7-12 year for an offender who engages in exceptional meritorious service.
7-13 6. The Board shall adopt regulations governing the award,
7-14 forfeiture and restoration of credits pursuant to this section.
7-15 7. Credits earned pursuant to this section:
7-16 (a) Must be deducted from the maximum term imposed by the
7-17 sentence; and
7-18 (b) Apply to eligibility for parole unless the offender was
7-19 sentenced pursuant to a statute which specifies a minimum sentence
7-20 that must be served before a person becomes eligible for parole.
7-21 Sec. 14. NRS 209.449 is hereby amended to read as follows:
7-22 209.449 1. An offender who has no serious infraction of the
7-23 regulations of the Department, the terms and conditions of his
7-24 residential confinement, or the laws of the State recorded against
7-25 him must be allowed, in addition to the credits provided pursuant to
7-26 NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 30
7-27 days from the maximum term of his sentence for the completion of
7-28 [a] :
7-29 (a) A program of vocational education and training[.] ; or
7-30 (b) Any other program approved by the Director.
7-31 2. If the offender completes [the program of vocational
7-32 education and training] such a program with meritorious or
7-33 exceptional achievement, the Director may allow not more than 60
7-34 days of credit in addition to the 30 days allowed for completion of
7-35 the program.
7-36 Sec. 15. NRS 211.240 is hereby amended to read as follows:
7-37 211.240 1. [The] Except as otherwise provided in subsection
7-38 2, the sheriff with respect to a county jail, or the officer in charge
7-39 with respect to a city jail, may apply to the [presiding judge, or to
7-40 the judges jointly if there is no presiding judge,] chief judge of the
7-41 judicial district for authority to release prisoners pursuant to the
7-42 provisions of this section. After considering the application, the
7-43 chief judge may enter an order consistent with the provisions of
7-44 this section granting authority to release prisoners in the manner
8-1 set forth in the order. The duration of this authority , if granted ,
8-2 must not exceed 30 days.
8-3 2. In a county in which there is not a city jail, the sheriff may
8-4 apply to the chief judge of the judicial district for authority to
8-5 release prisoners pursuant to the provisions of this section. Upon
8-6 receipt of such an application, the chief judge shall consult with a
8-7 justice of the peace designated by the justices of the peace for the
8-8 county and a judge designated by the municipal courts for the
8-9 county. After the consultation, the chief judge may enter an order
8-10 consistent with the provisions of this section granting authority to
8-11 release prisoners in the manner set forth in the order. The
8-12 duration of this authority, if granted, must not exceed 30 days.
8-13 3. At any time within the duration of an authority granted when
8-14 the number of prisoners exceeds the number of beds available in the
8-15 jail, the sheriff or other officer in charge may release the lesser of:
8-16 (a) The number of prisoners eligible under this section; or
8-17 (b) The difference between the number of prisoners and the
8-18 number of beds.
8-19 [3.] 4. A prisoner is eligible for release only if:
8-20 (a) He [is serving a sentence of fixed duration and has already
8-21 served at least 90 percent of the sentence after deduction of any
8-22 credit; and
8-23 (b) His sentence would expire or he would otherwise be released
8-24 within 5 days.
8-25 4.] has served at least 75 percent of his sentence;
8-26 (b) He is not serving a sentence for a crime for which a
8-27 mandatory sentence is required by statute;
8-28 (c) He is not serving a sentence for a crime which involved an
8-29 act of violence; and
8-30 (d) He does not pose a danger to the community.
8-31 5. Among prisoners eligible, priority must be given to those
8-32 whose expiration of sentence or other release is closest.
8-33 6. A prisoner released pursuant to this section may be
8-34 required to remain on residential confinement for the remainder
8-35 of his sentence or may be required to participate in another
8-36 alternative program of supervision.
8-37 Sec. 16. NRS 211.330 is hereby amended to read as follows:
8-38 211.330 1. In addition to the credits on a term of
8-39 imprisonment provided for in NRS 211.310, 211.320 and 211.340,
8-40 the sheriff of the county or the chief of police of the municipality in
8-41 which a prisoner is incarcerated shall deduct 5 days from his term of
8-42 imprisonment for earning a [general equivalency diploma or the
8-43 equivalence] general educational development certificate, or the
8-44 equivalent thereof , by successfully completing an educational
8-45 program for adults conducted jointly by the local detention facility
9-1 in which he is incarcerated and the school district in which the
9-2 facility is located.
9-3 2. The provisions of this section apply to any prisoner who is
9-4 sentenced on or after October 1, 1991, to a term of imprisonment of
9-5 90 days or more.
9-6 Sec. 17. NRS 213.315 is hereby amended to read as follows:
9-7 213.315 1. Except as otherwise provided in this section, an
9-8 offender who is illiterate is not eligible to participate in a program of
9-9 work release unless:
9-10 (a) He is regularly attending and making satisfactory progress in
9-11 a program for general education; or
9-12 (b) The Director, for good cause, determines that the limitation
9-13 on eligibility should be waived under the circumstances with respect
9-14 to a particular offender.
9-15 2. An offender whose:
9-16 (a) Native language is not English;
9-17 (b) Ability to read and write in his native language is at or above
9-18 the level of literacy designated by the Board of State Prison
9-19 Commissioners in its regulations; and
9-20 (c) Ability to read and write the English language is below the
9-21 level of literacy designated by the Board of State Prison
9-22 Commissioners in its regulations,
9-23 may not be assigned to an industrial or a vocational program unless
9-24 he is regularly attending and making satisfactory progress in a
9-25 course which teaches English as a second language or the Director,
9-26 for good cause, determines that the limitation on eligibility should
9-27 be waived under the circumstances with respect to a particular
9-28 offender.
9-29 3. Upon written documentation that an illiterate offender has a
9-30 developmental, learning or other similar disability which affects his
9-31 ability to learn, the Director of the Department of Corrections may:
9-32 (a) Adapt or create an educational program or guidelines for
9-33 evaluating the educational progress of the offender to meet his
9-34 particular needs; or
9-35 (b) Exempt the offender from the required participation in an
9-36 educational program prescribed by this section.
9-37 4. The provisions of this section do not apply to an offender
9-38 who:
9-39 (a) Presents satisfactory evidence that he has a high school
9-40 diploma or [general equivalency diploma;] a general educational
9-41 development certificate; or
9-42 (b) Is admitted into a program of work release for the purpose of
9-43 obtaining additional education in this state.
10-1 5. As used in this section, “illiterate” means having an ability
10-2 to read and write that is below the level of literacy designated by the
10-3 Board of State Prison Commissioners in its regulations.
10-4 Sec. 18. This act becomes effective on July 1, 2003.
10-5 H