Bill > AB342

Introduced Session

Legislative Counsel's Digest: Existing law requires the State Board of Parole Commissioners: (1) to adopt by 1 regulation standards to assist the Board in determining whether to grant or revoke 2 parole; and (2) to review the effectiveness of those standards on or before January 1 3 of each odd-numbered year. (NRS 213.10885) Section 1 of this bill revises the 4 frequency of the review of the standards adopted by the Board by providing that the 5 standards must be reviewed at least once every 5 years. 6 Existing law provides that if a defendant is convicted of a sexual offense, the 7 court is required to include in sentencing a special sentence of lifetime supervision, 8 which commences after any period of probation or any term of imprisonment and 9 any period of release on parole. (NRS 176.0931) Existing law also requires the 10 Board: (1) to establish by regulation a program of lifetime supervision of sex 11 offenders; and (2) to establish the conditions of lifetime supervision for each sex 12 offender who is subject to lifetime supervision. Additionally, existing law provides 13 that if a court issues a warrant for arrest for a violation of a condition of lifetime 14 supervision, the court is required to cause notice of the issuance of the warrant to be 15 transmitted to the Central Repository for Nevada Records of Criminal History 16 within 3 business days. (NRS 213.1243) 17 Section 2 of this bill: (1) provides that on and after July 1, 2021, the effective 18 date of this bill, the Board will only be responsible for establishing the program of 19 lifetime supervision and establishing the conditions of lifetime supervision for a sex 20 offender who is sentenced before July 1, 2021; and (2) eliminates the requirement 21 that the court cause notice of the issuance of a warrant for arrest for a violation of a 22 condition of lifetime supervision to be transmitted to the Central Repository within 23 3 business days. 24 Section 3 of this bill: (1) transfers from the Board to the sentencing court all the 25 current duties and responsibilities relating to lifetime supervision of sex offenders 26 for sex offenders sentenced on or after July 1, 2021; and (2) moves all related 27 provisions governing lifetime supervision, such as the existing criminal penalties 28 for intentionally removing or disabling an electronic monitoring device or for 29 violating a condition of lifetime supervision, to the appropriate section of the 30 Nevada Revised Statutes pertaining to imposition of the special sentence of lifetime 31 supervision by the sentencing court. Section 3 provides that the sentencing court is 32 responsible, on and after July 1, 2021, for establishing the conditions of lifetime 33 supervision for a sex offender sentenced on or after July 1, 2021. 34 Existing law provides that a person sentenced to lifetime supervision may 35 petition for release from lifetime supervision. For such a petition to be granted, in 36 addition to other requirements, the person must show that he or she is not likely to 37 pose a threat to the safety of others if released from lifetime supervision, as 38 determined by a person professionally qualified to conduct psychosexual 39 evaluations. (NRS 176.0931) Section 3 allows a licensed, clinical professional who 40 has received training in the treatment of sex offenders to make such a 41 determination. 42 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 213.10885 is hereby amended to read as 1 follows: 2 213.10885 1. The Board shall adopt by regulation specific 3 standards for each type of convicted person to assist the Board in 4 determining whether to grant or revoke parole. The regulations must 5 include standards for determining whether to grant or revoke the 6 parole of a convicted person: 7 (a) Who committed a capital offense. 8 (b) Who was sentenced to serve a term of imprisonment for life. 9 (c) Who was convicted of a sexual offense involving the use or 10 threat of use of force or violence. 11 (d) Who was convicted as a habitual criminal. 12 (e) Who is a repeat offender. 13 (f) Who was convicted of any other type of offense. 14 The standards must be based upon objective criteria for 15 determining the person s probability of success on parole. 16 2. In establishing the standards, the Board shall consider the 17 information on decisions regarding parole that is compiled and 18 maintained pursuant to NRS 213.10887 and all other factors which 19 are relevant in determining the probability that a convicted person 20 will live and remain at liberty without violating the law if parole is 21 granted or continued. The other factors the Board considers must 1 include, but are not limited to: 2 (a) The severity of the crime committed; 3 (b) The criminal history of the person; 4 (c) Any disciplinary action taken against the person while 5 incarcerated; 6 (d) Any previous parole violations or failures; 7 (e) Any potential threat to society or to the convicted person; 8 and 9 (f) The length of his or her incarceration. 10 3. In determining whether to grant parole to a convicted 11 person, the Board shall not consider whether the person has 12 appealed the judgment of imprisonment for which the person is 13 being considered for parole. 14 4. The standards adopted by the Board must provide for a 15 greater punishment for a convicted person who has a history of 16 repetitive criminal conduct or who commits a serious crime, with a 17 violent crime considered the most serious, than for a convicted 18 person who does not have a history of repetitive crimes and did not 19 commit a serious crime. 20 5. The Board shall make available to the public a sample of the 21 form the Board uses in determining the probability that a convicted 22 person will live and remain at liberty without violating the law if 23 parole is granted or continued. 24 6. On or before January 1 of each odd-numbered year, At 25 least once every 5 years, the Board shall review comprehensively 26 the standards adopted by the Board. The review must include a 27 determination of whether the standards are effective in predicting 28 the probability that a convicted person will live and remain at liberty 29 without violating the law if parole is granted or continued. If a 30 standard is found to be ineffective, the Board shall not use that 31 standard in its decisions regarding parole and shall adopt revised 32 standards as soon as practicable after the review. 33 7. The Board shall report to each regular session of the 34 Legislature: 35 (a) The number and percentage of the Board s decisions that 36 conflicted with the standards; 37 (b) The results and conclusions from the Board s review 38 pursuant to subsection 6; and 39 (c) Any changes in the Board s standards, policies, procedures, 40 programs or forms that have been or will be made as a result of the 41 review. 42

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Approved by the Governor. Chapter 362. (on 06/04/2021)

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