AB 291 — Revises provisions relating to reports of presentence investigations and general investigations. (BDR 14-1076)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2017) FIRST REPRINT A.B.

291291–Assemblyman AOhrenschall SSEMBLYCHAPTER.......... B ILLN O.

291–A SSEMBLYMAN O HRENSCHALL M ARCH 14, 2017 ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to reports of presentence investigations and general investigations.

(BDR 14-1076) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires the Division of Parole and Probation of the Department of Public Safety to make presentence investigations and reports in certainpartmentcertain of circumstances and to include certain information and recommendations.

(NRS 176.133-176.159) Section 1 of this bill requires the Division to also include in the report of any presentence investigation:

(1) certain information concerning then the criminal history of the defendant;

Section 1 also requires the Division to include the source of any information as stated in the report, that is related to the defendant’s offense, including information from:

or (3) any other source availablescoresheets or scales used to thedetermine Division.a recommendation:

Further, section 1 requires the Division to include any scoresheets or scales used to determine a recommendation:

Additionally, sections 1 and 2 of this bill change the term “crExisting“criminal record” to “criminal convictions.” Existing law requires the Division to afford an opportunity to the prosecuting attorney, the counsel for the defendant and the defendant to object to factual errors -Section *AB291_R1*4 –of 2this –bill inauthorizes athe court to order the Division to correct the156) contents of any such report following sentencing of the defendant if the prosecuting attorney and the defendant stipulate to correcting the contents of any presentencesuch investigationreport orwithin general180 investigation.days after the date on which the judgment of conviction was entered.

(NRSEXPLANATION 176.156)– contentsMatter ofin anybolded suchitalics reportis followingnew; sentencing of the defendant if the prosecuting attorney and the defendant stipulate to correcting the contents of any such report within 180 days after the date on which the judgment of conviction was entered.

matter between brackets [omitted material] is material to be omitted.

- 79th Session (2017) – 2 – (3) Incidents in which the defendant has failed to appear in court when his or her presence was required;

and (5)diversionaryrticprogram,in Participationaincludingm iniwhethercialttheourdefendant any program in a specialty court or any diversionary program, including whether the defendant successfully completed the program;

(e) Data or information concerning reports and investigations thereofdefendant and are made available pursuant to chapterNRS 432B432B.290;o ofthe NRS(f) thatThe relateresults toof the defendantevaluation andof arethe madedefendant availableconducted pursuant to NRS 432B.290;484C.300, if such an evaluation is required pursuant to that section;

- *AB291_R1* – 3 – (f) The results of the evaluation of the defendant conducted pursuant to NRS 484C.300, if such an evaluation is required pursuant to that section;

and - 79th Session (2017) – 3 – (j) Such other information as may be required by the court.

3.information, as stated in the report, related to the defendant’sny offense, including, without limitation, information from:

The Division shall include in the report the source of any information, as stated in the report, related to the defendant’s offense, including, without limitation, information from:

If the Division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the Division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:

- *AB291_R1* – 4 – (a) Any prior criminal [record] convictions of the defendant;

(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this - 79th Session (2017) – 4 – paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the Division;

(d) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to thethes defendant and are made available pursuant to NRS 432B.290;

Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to a law enforcement agency of this State or a political subdivision thereof and to a lawlawgency enforcement agency of the Federal Government for the limited purpose of performing their duties, including, without limitation, conducting hearings that are public in nature.

- *AB291_R1* – 5 – 3.

Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Division concerning the mental health of:

- 79th Session (2017) – 5 – 4.

Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Nevada Gaming Control Board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.

H~~~~~ 17 - *AB291_R1*79th Session (2017)