AB 302 — Transfers the Division of Parole and Probation from the Department of Public Safety to the Department of Corrections. (BDR 16-596)

(Reprinted with amendments adopted on April 20, 2017) FIRST REPRINT A.B.

- *AB302**AB302_R1* – 2 – Sec.

- *AB302**AB302_R1* – 3 – 2.

or - *AB302**AB302_R1* – 4 – (b) Assigned to the custody of the Division of Parole and Probation [of the Department of Public Safety] to:

- *AB302**AB302_R1* – 5 – (b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

- *AB302**AB302_R1* – 6 – (a) A continuation of the offender’s imprisonment and not a release on parole;

- *AB302**AB302_R1* – 7 – 3.

- *AB302**AB302_R1* – 8 – 7.

- *AB302**AB302_R1* – 9 – 6.

- *AB302**AB302_R1* – 10 – (a) A continuation of the offender’s imprisonment and not a release on parole;

- *AB302**AB302_R1* – 11 – (b) A person who is convicted of a felony under the laws of this State and assigned to the custody of the Division of Parole and Probation [of the Department of Public Safety] pursuant to NRS 209.4886 or 209.4888.

- *AB302**AB302_R1* – 12 – 4.

An offender who earns credit - *AB302**AB302_R1* – 13 – pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

- *AB302**AB302_R1* – 14 – (b) An offender who has been paroled if such a request is made by the Division of Parole and Probation .

- *AB302**AB302_R1* – 15 – 2.

- *AB302**AB302_R1* – 16 – (II) Any other intentional contact with a prisoner’s clothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

- *AB302**AB302_R1* – 17 – 2.

- *AB302**AB302_R1* – 18 – 3.

- *AB302**AB302_R1* – 19 – I understand that as a consequence of my plea of guilty or guilty but mentally ill I may be imprisoned for a period of not more than (maximum term of imprisonment) and that I (may or will) be fined up to (maximum amount of fine).

My attorney (if represented - *AB302**AB302_R1* – 20 – by counsel) and I will each have the opportunity to comment on the information contained in the report at the time of sentencing.

- *AB302**AB302_R1* – 21 – I am signing this agreement voluntarily, after consultation with my attorney (if represented by counsel) and I am not acting under duress or coercion or by virtue of any promises of leniency, except for those set forth in this agreement.

- *AB302**AB302_R1* – 22 – (a) Is competent and understands the charges and the consequences of pleading guilty or guilty but mentally ill as provided in this agreement.

- *AB302**AB302_R1* – 23 – (j) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

- *AB302**AB302_R1* – 24 – 9.

- *AB302**AB302_R1* – 25 – (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system - *AB302**AB302_R1* – 26 – for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

or - *AB302**AB302_R1* – 27 – (c) The Division of Parole and Probation of the Department of [Public Safety] Corrections directs the detention facility to admit the person to bail.

(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to - *AB302**AB302_R1* – 28 – NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

- *AB302**AB302_R1* – 29 – (b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested;

or (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a - *AB302**AB302_R1* – 30 – temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

- *AB302**AB302_R1* – 31 – 13.

- *AB302**AB302_R1* – 32 – 3.

“Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any - *AB302**AB302_R1* – 33 – postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS.

- *AB302**AB302_R1* – 34 – Sec.

- *AB302**AB302_R1* – 35 – (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

- *AB302**AB302_R1* – 36 – (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:

- *AB302**AB302_R1* – 37 – 3.

If the court determines that there is a reasonable question of fact as to whether the report was made in - *AB302**AB302_R1* – 38 – bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

“Facility for transitional living for released offenders” means a residence that provides housing and a living - *AB302**AB302_R1* – 39 – environment for persons who have been released from prison and who require assistance with reintegration into the community, other than such a residence that is operated or maintained by a state or local government or an agency thereof.

A nonpublic record of the dismissal must be transmitted to and - *AB302**AB302_R1* – 40 – retained by the Division of Parole and Probation of the Department of [Public Safety] Corrections solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.