AB 25 — Revises provisions relating to certain allowable deductions from the period of probation or sentence of a person. (BDR 14-171)

(ReprintedAssembly withBill amendmentsNo. adopted on June 5, 2017) SECOND REPRINT A.B.

2525–Committee Aon SSEMBLYCorrections, BILLParole, NOand .Probation CHAPTER..........

25–COMMITTEE ON CORRECTIONS , AROLE ,AND PROBATION (ON BEHALF OF THE DIVISION OF PAROLE AND PROBATION OF THE D EPARTMENT OF PUBLIC SAFETY ) P REFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to certain allowable deductions from the period of probation or sentence of a person.

(BDR 14-171) FISCAL NOTE:

Effect on Local Government:

No.

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 that a person who is sentenced to serve a period of probation for a felony or gross misdemeanor be allowed for the period of probation a deduction of a certain number of days from that period for each month the person serves if he or she is in compliance with the terms and conditions of the probation and is:

(1) current with any fee to defray the costs of the person’s supervision and employmentany orfines, enrolledfees inand arestitution programordered of education, rehabilitation or anotherlved in program approved by the Divisioncourt; of Parole and Probation of the Department of Public Safety.

(NRSand 176A.500)(2) Existingactively lawinvolved similarlyin requiresemployment that certain persons who are on parole or releasedenrolled onin parole be allowed for the period the person is on parole a deductionprogram of aeducation, certainrehabilitation numberor ofanother daysprogram fromapproved theby person’s sentence for each month served if the personDivision isof currentParole withand anyProbation feeof to defray the costsDepartment of hisPublic orSafety. her Commissioners.

(NRS 209.4475)f176A.500) restitutionExisting requiredlaw bysimilarly requires that certain persons who are on parole or released on parole be allowed for the Stateperiod Boardthe person is on parole a deduction of Parolea Sectioncertain 1number of thisdays billfrom revisesthe person’s sentence for each month served if the requirementsperson thatis acurrent probationerwith mustany satisfyfee to bedefray allowedthe acosts deductionof from his or her periodsupervision and any payment of probation.restitution required by the State Board of Parole Commissioners.

Section(NRS 1209.4475) removes the - *AB25_R2* – 2 – requirements that the probationer be in compliance with the terms and conditions of the probation and be current on the payment of fines and fees ordered by the court, thereby making the requirements for probationers to be allowed a deduction morefrom similarhis toor theher existingperiod requirementsof imposedprobation. on parolees.

Section 1 also removes currentthefy withto anyrequirements feethat tothe defrayprobationer be in compliance with the coststerms ofand hisconditions orof herthe supervisionprobation and anybe current on the payment of restitution;fines and fees ordered by the court, thereby making the requirements for probationers to be allowed a deduction more similar to the existing requirements imposed on parolees.

Section 1 also removes the requirement that a probationer, to be allowed a deduction, must be both:

(1) current with any fee to defray the costs of his or her supervision and any payment of restitution;

Existingcredits lawto providesreduce thathis underor certainher circumstancessentence anof offenderimprisonment mayfor earneach month the offender serves.

(NRS 209.4465) Section 1.5 of this bill authorizes the Governor, byfenderby executive order, if the Governor determines it is necessary, to grant additional credits to reduce an offender’s sentence by not more than 5 days for each month an offender serves.

Sections 1 and 2 of this bill, respectively, provide that for the purpose of determining whether a probationer is allowed a deduction from his or her period of probation for being current with any fee to defray the costs of his or her supervision and any payment of restitution or whether a parolee is allowed a deduction from hisionhis or her sentence, the probationer or parolee shall be deemed to be current with any fee to defray the costs of his or her supervision and any payment of restitution for any given month if, during that month, the probationer or parolee makes at least the minimum monthly payment established by the court, the Division or the Board, as applicable.

- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;

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

- *AB25_R2* – 3 – 3.

Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions4, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of probation.the charges against the probationer.

Except as otherwise provided in subsection 4, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of the charges against the probationer.

A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person the officer arrests without a warrant for violating a condition of probation if the parole and probation officer or peace - 79th Session (2017) – 3 – officer determines that there is no probable cause to believe that the person violated the condition of probation.

A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor [must be allowed for the period of the probation a deduction as set forth in subsection 6 if the offender is in compliance with the terms and conditions of the probation asasnder determined by the Division and is:

- *AB25_R2* – 4 – (b) Except as otherwise provided in subsection 7, [an additional] 10 days from that period for each month the person serves and isisnal] actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or - 79th Session (2017) – 4 – enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program.

Such a deduction must not exceed the length of time remaining on the person’s period of probation.pro8.tioAs used in this section, “specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or abuse alcohol or drugs.

8.

As used in this section, “specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or abuse alcohol or drugs.

In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits suchsuchnth - *AB25_R2* – 5 – credits.

The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program - 79th Session (2017) – 5 – for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison.

An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of cre5.t eThe Director may allow not more than 90 days of credit each monthyear thatfor isan allowedoffender pursuantwho toengages subsectionsin 1exceptional andmeritorious 2.service.

5.

The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

or (d) A category A or B felony, ¬ apply to eligibility for parole and, except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted fromby the maximumsentence, termas orapplicable.ximum the maximum aggregate term imposed by9. the sentence, as applicable.

9.Credits deducted pursuant to subsection 8 may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent for an offender who: