Existing law creates the Department of Sentencing Policy (hereinafter “Department”) and requires the Governor to appoint the Executive Director of the Department from a list of three persons recommended by the Nevada Sentencing Commission (hereinafter “Commission”). Existing law also requires the Executive Director to be an attorney who is licensed to practice law in this State. (NRS 176.01323) Section 1.7 of this bill: (1) specifies that the three persons recommended by the Commission must be qualified persons; and (2) removes the requirement that the Executive Director must be an attorney who is licensed to practice law in this State. Section 1 of this bill provides that any information collected or stored by the Department for the purpose of analyzing and understanding the criminal justice system is confidential and not a public record. Section 8.3 of this bill makes a conforming change to indicate that such information is exempt from the requirement that public books and public records of a governmental entity must be open to inspection. Section 1.3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Existing law establishes requirements concerning the membership of the Commission, including that: (1) one member must be a representative of the Division of Parole and Probation of the Department of Public Safety (hereinafter “Division”) who is appointed by the Governor; and (2) one member must be the Director of the Department of Employment, Training and Rehabilitation. (NRS 176.0133) Section 2 of this bill provides that: (1) the Chief Parole and Probation Officer may alternatively be a member of the Commission; (2) if a representative of the Division is a member of the Commission, he or she is appointed by the Chief instead of the Governor; and (3) a representative of the Department of Employment, Training and Rehabilitation who is appointed by the Director of the Department of Employment, Training and Rehabilitation may alternatively be a member of the Commission. Existing law imposes certain duties on the Commission, including the tracking and assessment of data from the Department of Corrections concerning prison admissions, parole and release from prison. (NRS 176.01343) Section 2.3 of this bill requires such data to include the housing status of persons admitted to and released from prison. Existing law creates the Nevada Local Justice Reinvestment Coordinating Council, which: (1) advises the Commission on matters related to certain legislation, regulations, rules, budgetary changes and other actions concerning local governments; (2) identifies county-level programming and treatment needs for persons involved in the criminal justice system for the purpose of reducing recidivism; (3) makes recommendations to the Commission regarding certain grants; (4) oversees the implementation of and creates performance measures to assess the effectiveness of certain grants; and (5) identifies opportunities for collaboration with the Department of Health and Human Services for treatment services and funding. (NRS 176.014) Section 2.7 of this bill authorizes the Council to accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out its duties. Existing law requires the Division to administer a risk and needs assessment to certain probationers and parolees under the supervision of the Division and, on a schedule determined by the Nevada Risk Assessment System or more often if necessary, administer a subsequent risk and needs assessment to such probationers and parolees. (NRS 176A.435, 213.1078) Sections 3 and 6 of this bill provide that a subsequent risk and needs assessment will be administered on a schedule determined by the appropriate risk and needs assessment tool instead of by the Nevada Risk Assessment System. Existing law provides that if a condition of parole or the level of parole supervision set is found not to align with the results of a risk and needs assessment, the supervising officer is required to submit a request to the State Board of Parole Commissioners (hereinafter “Board”) to modify the condition or level of supervision. (NRS 213.1078) Section 6 removes such provisions. Existing law requires the Division to adopt a written system of graduated sanctions for use by parole and probation officers when responding to a technical violation of the conditions of probation or parole. (NRS 176A.510, 213.15101) Sections 4 and 7 of this bill, respectively, provide that as part of the system of graduated sanctions, the Division is authorized, in response to a technical violation of parole or probation, to: (1) impose confinement in a jail or detention facility for a period of not more than 10 days, not to exceed 30 days in the aggregate; or (2) place the person under a system of active electronic monitoring for a period of not more than 60 days using an electronic device approved by the Division. Sections 4 and 7 also require a system of graduated sanctions to include guidance on the use of such confinement in a jail or detention facility and electronic monitoring. Sections 4 and 7 additionally revise the definition of “technical violation” to exclude, as applicable: (1) certain violations of probation or suspension of sentence by a sex offender or a person convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person with a mental illness through the use of electronic means; (2) certain violations of parole by a prisoner convicted of a sexual offense, a prisoner who is a Tier 3 offender convicted of a sexual offense against a child under 14 years of age or a prisoner convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person with a mental illness through the use of electronic means; and (3) termination from certain treatment programs. Existing law provides that if a probationer or parolee commits one or more technical violations of the conditions of probation or parole, a court or the Board, as applicable, may take certain actions, including: (1) temporarily revoking the probation, suspension of sentence or parole supervision and imposing a term of imprisonment of not more than 30 days for the first temporary revocation, 90 days for the second temporary revocation or 180 days for the third temporary revocation; or (2) fully revoking the probation, suspension of sentence or parole supervision and imposing imprisonment for the remainder of the sentence for a fourth or subsequent revocation. (NRS 176A.630, 213.1519) Sections 5 and 8 of this bill also authorize a court or the Board, as applicable, to revoke the probation, suspension of sentence or parole supervision at the request of a probationer or parolee. Sections 5 and 8 additionally require that before a court or the Board, as applicable, may take such actions, the Division must determine that the graduated sanctions adopted by the Division for technical violations of the conditions of probation or parole have been exhausted. Sections 5 and 8 further require that: (1) a probationer who is arrested and detained, or a parolee whose parole is revoked, for committing a technical violation of the conditions of probation or parole, as applicable, receives credit for any time served while the probationer or parolee is waiting for a hearing to determine if a technical violation has occurred, which must be applied to any term of imprisonment imposed for the technical violation; and (2) any time served by the probationer or parolee while waiting for such a hearing or in accordance with any term of imprisonment imposed for the technical violation must be applied toward the original sentence of the probationer or parolee. Section 8 additionally: (1) increases the terms of imprisonment for a temporary revocation of parole supervision from 30 days to 90 days for the first temporary revocation and from 90 days to 180 days for the second temporary revocation; and (2) authorizes a full revocation of parole supervision for a third or subsequent revocation. Section 8.7 of this bill requires the Department to: (1) collect and analyze certain data relating to the length of the term of imprisonment served and recidivism rates for persons whose probation, suspension or sentence or parole supervision is revoked due to a technical violation of the conditions of probation or parole; and (2) submit a report regarding such data to the Director of the Legislative Counsel Bureau on or before January 1, 2025.

Statutes affected:
As Introduced: 176.01323, 176.0133, 176A.435, 176A.510, 176A.630, 213.1078, 213.15101, 213.1519
Reprint 1: 176.01313, 176.01323, 176.0133, 176.01343, 176.014, 176A.435, 176A.510, 176A.630, 213.1078, 213.15101, 213.1519, 239.010
Reprint 2: 176.01313, 176.01323, 176.0133, 176.01343, 176.014, 176A.435, 176A.510, 176A.630, 213.1078, 213.15101, 213.1519, 239.010
As Enrolled: 176.01313, 176.01323, 176.0133, 176.01343, 176.014, 176A.435, 176A.510, 176A.630, 213.1078, 213.15101, 213.1519, 239.010
BDR: 176.01323, 176.0133, 176A.435, 176A.510, 176A.630, 213.1078, 213.15101, 213.1519