Existing law establishes a statewide automated victim information and notification system known as the Victim Information Notification Everyday System in the Office of the Attorney General. The System consists of a toll-free telephone number and an Internet website through which a victim of crime or member of the public may register to receive certain information concerning a change in the custody status of an offender. (NRS 228.205) Existing law also authorizes the State Board of Parole Commissioners to enter into an agreement with the manager of an automated victim notification system that is capable of automatically notifying registered victims by telephone or electronic means of certain information related to a consideration of parole or certain terms of residential confinement. (NRS 213.10915) Section 19 of this bill repeals these provisions related to the notification of victims of crime.
Instead, section 2 of this bill requires the Department of Corrections to establish an automated victim notification system that is capable of notifying victims of crime by telephone or electronic means of certain information concerning the residential confinement, parole, clemency, escape or release of an offender. Section 3 of this bill authorizes the Department to enter into an agreement with a person to manage the automated victim notification system established by section 2, prescribes the manner in which the person may be selected by the Department and requires the agreement to contain certain terms.
Existing law requires the Director of the Department of Corrections to notify a victim of crime by mail of the release or escape of an offender, if the victim provides a current address and requests notification. (NRS 209.521) Section 18 repeals these provisions related to notice by mail of the release or escape of an offender. Instead, section 2 requires the notice of the release or escape of an offender to be provided by the newly established automated victim notification system to victims of crime who are registered with the system.
Existing law provides that if any victim of a crime committed by an offender requests to be notified of certain events concerning the offender, the Division of Parole and Probation of the Department of Public Safety or the Department of Corrections, as applicable, is required to mail a notice to the victim under certain circumstances related to the residential confinement of the offender and advise the victim that the victim may submit certain documents concerning the matter. (NRS 209.392, 209.3923, 209.3925, 209.429) However, existing law provides that if the victim registers with the automated victim notification system utilized by the State Board of Parole Commissioners, such notices related to residential confinement may be provided by the automated victim notification system instead of by mail. (NRS 213.10915) Sections 4-7 of this bill remove the requirement for the Division of Parole and Probation or Department of Corrections, as applicable, to provide such notices related to residential confinement to victims by mail. Instead, section 2 requires the newly established automated victim notification system to provide such notices related to residential confinement to victims who are registered with the new system.
Existing law authorizes the State Board of Pardons Commissioners to consider applications for clemency. Existing law requires the Board to provide notice by mail of a meeting to consider an application for clemency to each victim of a crime committed by the applicant for clemency. (NRS 213.010) Section 8 of this bill removes the requirement for the Board to mail notice of the meeting. Instead, section 2 requires the notice to be provided by the newly established automated victim notification system. Section 9 of this bill makes a conforming change related to the provision of notice related to clemency by the newly established automated victim notification system.
Existing law requires the State Board of Parole Commissioners to mail a notice to a victim of crime concerning the date of a parole hearing of a prisoner and the right of the victim to testify at the hearing, if the victim has requested notification and provided a mailing address to the Board. (NRS 213.131) However, existing law provides that if the victim registers with the automated victim notification system utilized by the Board, such notices related to parole are provided by the automated victim notification system instead of by mail. (NRS 213.10915) Section 14 of this bill removes the requirement for the Board to provide the notices related to a parole hearing by mail. Instead, section 2 requires the newly established automated victim notification system to provide such notices related to parole to victims of crime who are registered with the new system. Sections 11-13 and 15 of this bill make conforming changes related to the provision of notices related to parole through the newly established automatic victim notification system. Section 10 of this bill defines the term “automated victim notification system” for the purposes of sections 11-15.
Sections 16 and 17 of this bill make conforming changes to reflect: (1) the removal or repeal of the provisions concerning notice by mail in sections 4-8, 14 and 18; and (2) the provision of notice through the newly established automated victim notification system under section 2.
Statutes affected: As Introduced: 209.392, 209.3923, 209.3925, 209.429, 213.010, 213.035, 213.107, 213.1099, 213.1215, 213.12155, 213.131, 213.133, 178.5698, 239.010
BDR: 209.392, 209.3923, 209.3925, 209.429, 213.010, 213.035, 213.107, 213.1099, 213.1215, 213.12155, 213.131, 213.133, 178.5698, 239.010