AB 69 — Revises provisions governing residential confinement of violators of parole. (BDR 16-347)

(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT A.B.

69–COMMITTEE ON JUDICIARYUDICIARY (ON BEHALF OF THE D IVISION OFPAROLEOFP AROLE AND PROBATION OF THE DEPARTMENT OF PUBLICP UBLIC SAFETY ) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing residential confinement of violators of parole.

or (2) without a warrant when there is probable existing law, upon such an arrest, and once it is determined at an inquiry that there is probable cause to believe that thesuch paroleea violatedviolation hisoccurred, ora herhearing parole.will be scheduled before the Board.

(NRS 213.151) Under is probable cause to believe that such a violation occurred, a hearing will bet there scheduled before the Board.

(NRS 213.1511, 213.1517, 213.152) Section 3 of this bill alternativelyauthorizes requires the Board to order such a parolee to a term of residential confinement once the Board receives from the Division of Parole and Probationhis ofor theher Departmenthearing ofbefore Publicthe Safety:Board;

(1)(2) the parolee’s agreement to a term ofver of residential confinement;

Existing law authorizes the Chief Parole and Probation Officer of the Division of Parole and Probation to order any parolee, who is arrested for any act that would constitute a violation of his or her parole, to be placed in residential confinement pending an inquiry to determine whether there is probable cause for such a violation.Probation Officer, in lieu of arresting a parolee for a violation of his or her parole, to order such a parolee to a term of residential confinement if certain requirements are met and the Chief receives the parolee’s:

(NRS(1) 213.15105)voluntary Sectionwaiver 2 of thishis billor authorizesher theright Chief- Parole*AB69_R1* and– to2 order– such a parolee to aan terminquiry ofand residentialhearing confinementto ifcontest the Chiefalleged receivesviolation the,of parolee’s:parole;

(1)and voluntary(2) waiveragreement of his or her right to ana inquiryterm and hearing to - *AB69* – 2 – contest the alleged violation of parole;residential confinement.

andSection (2)2 agreementrequires the Division to advise a termparolee ofin residentialwriting residentialof confinement.lsohis authorizesor theher Boardright to reviewconsult with counsel before the parolee signs such andocuments orderor fora THEform PEOPLEused OFby THEthe STATEDivision OFas NEVADA,a REPRESENTEDwaiver INof SENATEa ANDhearing ASSEMBLY,to DOmodify ENACTthe ASconditions FOLLOWS:of parole.

Section 2 also provides that if a parolee days and not more than 6 calendar days to consult with his or her counsel, butbusiness authorizes the Division to extend such a period for good cause shown.

Section 2 additionally:

(1) authorizes the Board to review an order for residential confinement;

and (2) provides that if the Board discovers during such a review that a parolee was not given the requisite period to consult with his or her counsel, the and void and must proceed with a hearing allowing the parolee to contest the null alleged violation of parole.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *AB69_R1* – 3 – Sec.

- *AB69* – 3 – (b) Order any parolee, who the Chief has probable cause to believe has committed any act that would constitute a violation of his or her parole, to be placed in residential confinement in lieu of arrest and detention in a county jail if the requirements set forth in subsections 2 and 3 have been met and the parolee submits the following documents to the Division:

The Division shall advise a parolee in writing of his or her right to consult with counsel before the parolee signs any:

(a) Voluntary waiver of his or her right to an inquiry and hea(b) Agreement to a term of residential confinement for an alleged violation of parole;

or modify the conditions of parole.

as a waiver of a hearing to 3.

Except as otherwise provided in this subsection, if a parolee exercises his or her right to consult with counsel pursuant to subsection 2, the parolee must be given a period of not less than 3 business days and not more than 6 calendar days to consult with his or her counsel.

The Division may extend such a period for good cause shown, including, without limitation, a medical reason or another reason beyond the control of the parolee.

4.

Sec.If the Board discovers during a review conducted pursuant to this subsection that a parolee was not given the period required pursuant to subsection 3 to consult with his or her counsel, the Board must consider any admission to a parole violation by the parolee to be null and void and must proceed with a hearing allowing the parolee to contest the alleged violation of parole.

- *AB69_R1* – 4 – Sec.

Except as otherwise provided in [subsection]subsection subsections[7,] 7 [,] and 8, if a parolee violates a condition of his or her parole, the Board may order the parolee to a term of residential confinement in lieu of suspending his or her parole and returning the parolee to confinement.

3.to supervise a parolee ordered to a term of residential confinement.

AnThe electronic device approvedmay bybe capable of using the DivisionGlobal mayPositioning beSystem, usedrecording toor supervisetransmitting ainformation paroleeconcerning orderedthe tolocation aof termthe parolee, including, but not limited to, the transmission of residentialstill confinement.visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolee’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the location of the parolee, including, but not limited to, the transmission of still visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolee’s presence near or within a crime scene or prohibited area or his or her - *AB69* – 4 – departure from a specified geographic location.

- *AB69_R1* – 5 – 5.

The Board shallmay modify the conditions of parole to include a term of residential confinement pursuant to paragraph (a) of subsection 2, upon receipt of the following documents from the Division:

The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likelylik[8.] to9. pose a threat to the victim of the battery.

[8.]As 9.used in this section:im of the battery.

As used in this section:

H - *AB69**AB69_R1*