AB 80 — Makes various changes relating to the Nevada Sentencing Commission. (BDR 14-469)

[(n)] (m) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

- *AB80_R2* – 5 – [(s)] (r) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;

and [(v)] (u) One member who is a representative of an organization that works with offenders upon release from incarceration to assist - 80th Session (2019) – 5 – in reentry into the community appointed by the Chair of the Legislative Commission.

3.appointment required pursuant to that subsection must be made byst, the the association’s successor in interest, or, if there is no successor in interest, by the Governor.

If any organization listed in subsection 1 ceases to exist, the appointment required pursuant to that subsection must be made by the association’s successor in interest, or, if there is no successor in interest, by the Governor.

Any vacancy occurring in the membership of the Sentencing Commission must be filled in the same manner as the original appointment not later than 30 days aft[4.]after 5.the vacancy occurs.

The[4.] Legislators5. who are members of the Sentencing Commission are entitled to receive the salary provided for a of the preceding session for each day’s attendance at a meeting ofs the Sentencing Commission.

The Legislators who are members of the Sentencing Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Sentencing Commission.

[7.]designate 8.a nonvoting alternate to attend a meeting in his or her place.

A member of the Sentencing Commission may designate a nonvoting alternate to attend a meeting in his or her place.

A nonvoting alternate designated by a member pursuant to subsection - *AB80_R2* – 6 – [7] 8 who attends a meeting of the Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencing Commission for the purpose of determining whether a quorum exists.

While engaged in the business of the Sentencing Commission, to the extent of legislative appropriation, each member of the Sentencing Commission is entitled to receive the per diem allowance- and80th travelSession expenses(2019) provided– for6 state– officers and employees generally.

expenses provided for state officers and [10.

Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of intensive supervision, recommendations,programs mandatoryof andregimental minimumdiscipline, sentencing,imprisonment, mandatorysentencing sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinementlconfinement and alternatives to incarceration.

(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the imprisonmentneed forto lifeconserve scarce economic resources through the use of suchvarious offenders.alternatives to traditional forms of incarceration.

(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce - *AB80_R2* – 7 – economic resources through the use of various alternatives to traditional forms of incarceration.

- 80th Session (2019) – 7 – (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

(f)factors such as race, gender or economic status.ences based upon (g) Offenders must not receive disparate sentences which are based upon factorsthe suchspecific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as race,evidenced genderby orthe economicextent status.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.

(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.

incarceration6. and postrelease supervision programs.

Evaluate the impact of pretrial, sentencing diversion, 7.incarceration and postrelease supervision programs.

Identify7. potential areas of sentencing disparity related to rac8.

geProposeIdentify andpotential recommendareas statutoryof sentencing guidelines,disparity basedrelated on reasonable offense and offender characteristics which aim to preserverace, judicialgender discretion and provideeconomic forstatus. individualized sentencing, for the use of the district courts.

If8. such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.

9.Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts.

EvaluateIf such guidelines are enacted by the Legislature, the Sentencing Commission shall review and9.ropEvaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.

- *AB80_R2* – 8 – (b) Reviewing information from the Department regarding sentencing of offenders in this State.

- 80th Session (2019) – 8 – (c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.

(f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the SentencingSen(g) Commission.Providing advice and recommendations to the Executive Director on any other matter.

(g) Providing advice and recommendations to the Executive Director on any other matter.

and NRS(c) 218D.216.renceA reference to any legislative measure requested pursuant to NRS The]218D.216. to subsection 11 to [the] :ust be submitted] prepared pursuant (a) The Office of the Governor;

 The] 12.

Submit the report [must be submitted] prepared pursuant to subsection 11 to [the] :

(a) The Office of the Governor;

-~~~~~ *AB80_R2*19 –- 980th –Session TEXT(2019) OF REPEALED SECTION 1.8DFor a regular session, the Nevada Sentencing Commission created by NRS 176.0133 may request the drafting of not more than legislative measure which relates to matters within the scope of the Commission.

The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

2.

A request made pursuant to this section must be on a form requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session.

A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

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