AB 393 — Makes various changes relating to criminal justice. (BDR 14-484)

EXPLANATION – Matter in bolded italics is new;

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

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

Assist the Sentencing Commission in carrying out its duties pursuant to subsections 2 and 3 of NRS 176.01347 relating to the calculation of the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, - 81st Session (2021) – 5 – Statutes of Nevada 2019, and the preparation of a report containing the projected amount of such costs for the next biennium and recommendations for the reinvestment of the amount of the costs.

10.and duties of the Sentencing Commission pursuant to NRSe powers 176.0131 to 176.014, inclusive.

Take any other actions necessary to carry out the powers and duties of the Sentencing Commission pursuant to NRS 176.0131 to 176.014, inclusive.

- *AB393_R1* – 5 – 1.

(a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

- 81st Session (2021) – 6 – (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, - *AB393_R1* – 6 – and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

If 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 proposeif judicial findings should be required for any recommendeddepartures changes.from the sentencing guidelines.

9.

Evaluate 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.

- 81st Session (2021) – 7 – (c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.

(d) Coordinating with the Executive Director regarding the proceduresthe forsentencing theof identificationoffenders andin collectionthis State.ection of data concerning (e) Advising the sentencingExecutive ofDirector offendersconcerning inany thisrequired State.reports and reviewing drafts of such reports.

(e) Advising the Executive Director concerning any required reports and reviewing drafts of such reports.

- *AB393_R1* – 7 – 11.

(e) Identification of trends observed after the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraph (d) of subsection 1 of NRS 176.01343;

[and] (b)- The81st DirectorSession of(2021) the– Legislative8 Counsel– Bureau for distribution to the Legislature [not later than January 1 of each odd- numbered year.] ;

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 enhanced supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and - *AB393_R1* – 8 – distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinementconfinementl and alternatives to 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 scarcescarceity must economic resources through the use of various alternatives to traditional forms of incarceration.

(e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time - 81st Session (2021) – 9 – those offenders must serve while incarcerated or before being released from confinement or supervision.

(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.

- *AB393_R1* – 9 – 8.

Evaluate 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.

- 81st Session (2021) – 10 – (d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.

(e) Advising the Executive Director concerning any required reportsrep(f) andMakingevierecommendationssuchtoepthes. reviewing drafts of such reports.

(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 Sentencing Commission.

(e) Identification of trends observed after the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and - *AB393_R1* – 10 – assessed as required pursuant to paragraph (d) of subsection 1 of NRS 176.01343;

(f) Identification of gaps in the State’s data tracking capabilities related to the criminal justice system and recommendations for fillingsubsection any1 suchof gapsNRS as176.01343;red required pursuant to paragraph (e) of subsection(g) 1Recommendations offor NRSimprovements, 176.01343;changes and budgetary adjustments;

(g) Recommendations for improvements, changes and budgetary adjustments;

(a)- Track81st andSession assess(2021) outcomes– resulting11 from– the enactment of chapter 633, Statutes of Nevada 2019, including, without limitation, the following data from the Department of Corrections:

(I) The average length of stay in prison for each type of release by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

- *AB393_R1* – 11 – (III) The recidivism rate of persons released from prison by type of release;

and (IV) The total number of persons released from prison each year who return to prison within 36 months by type of admission, type of release, type of return to prison, including, without limitation, whether such a subsequent prison admission was the result of a new felony conviction or a revocation of parole due to a technical violation, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score.

(II)- The81st totalSession number(2021) of– persons12 held– in prison on December 31 of each year who have been granted parole by the State Board of Parole Commissioners but remain in custody, and the reasons therefor;

(1)parole:(1) With respect to the number of persons on probation or parole:(I) The total number of supervision intakes by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

(I) The total number of supervision intakes by type of offense, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

- *AB393_R1* – 12 – (IV) The average time credited to a person’s term of probation or parole as a result of successful compliance with supervision;

(VI) The recidivism rate of persons discharged from supervision by type of discharge, according to the Division’s internal definition of recidivism;

(2)- With81st respectSession to(2021) persons– on13 probation– or parole who violate a condition of supervision or commit a new offense:offense:ho (I) The total number of revocations and the reasons therefor, including, without limitation, whether the revocation was the result of a mental health issue or substance use disorder;

(I) The total number of revocations and the reasons therefor, including, without limitation, whether the revocation was the result of a mental health issue or substance use disorder;

(1) The total amount of annual savings resulting from the enactmentenactme(2) ofThe anytotal legislationannual relatingcosts toavoided theby criminalthis justiceState system;because ofem;

(2) The total annual costs avoided by this State because of the enactment of chapter 633, Statutes of Nevada 2019, as calculated pursuant to NRS 176.01347;

- *AB393_R1* – 13 – (1) The uniform crime rates for this State and each county in this State by index crimes and type of crime;

and (2) The percentage changes in uniform crime rates for this State and each county in this State over time by index crimes and type of crime.

county in this State over time by index crimes and (e) Identify gaps in this State’s data tracking capabilities related to the criminal justice system and make recommendations for filling any such gaps.

The report must include recommendations for - 81st Session (2021) – 14 – improvements, changes and budgetary adjustments and may also present additional recommendations for future legislation and policy options to enhance public safety and control corrections costs.

(g)] Employ and retain other professional staff as necessary to coordinatereport performancerequired andpursuant outcometo measurementthis section.ement and develop the report2. required pursuant to this section.

2.

(a) The annual projection of the number of persons who will be in a facility or institution of the Department of Corrections which was created by the Office of Finance pursuant to NRS 176.0129 for calendarcal(b) yearThe 2018;actual number of persons who are in a facility or institution of the Department of Corrections during each year.

and (b) The actual number of persons who are in a facility or institution of the Department of Corrections during each year.

Not later than December 1 of each fiscal year, the Sentencing Commission shall , with the assistance of the - *AB393_R1* – 14 – Department, use the formula developed pursuant to subsection 1 to calculate the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, Statutes of Nevada 2019, and submit a statement of the amount of the costs avoided to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

Not later than August 1 of each even-numbered year, the Sentencing Commission shall , with the assistance of the Department, prepare a report containing the projected amount of costs avoided by this State for the next biennium because of the enactment of chapter 633, Statutes of Nevada 2019, and - 81st Session (2021) – 15 – recommendations for the reinvestment of the amount of those costs to provide financial support to programs and services that address the behavioral health needs of persons involved in the criminal justice system in order to reduce recidivism.

In preparing the report, thesupport Sentencingto:ing Commission shall prioritize providing financial support(a) to:The Department of Corrections for programs for reentry of offenders and parolees into the community, programs for vocational training and employment of offenders, educational programs for offenders and transitional work programs for offenders;

(a) The Department of Corrections for programs for reentry of offenders and parolees into the community, programs for vocational training and employment of offenders, educational programs for offenders and transitional work programs for offenders;

Not later than August 1 of each even-numbered year, the Sentencing Commission shall submit the report prepared pursuant to subsection 3 to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.LegSec.

Sec.6.e.

6.

and - *AB393_R1* – 15 – (b) Two members from each county in this State whose population is 100,000 or more.

- 81st Session (2021) – 16 – (a) Advise the Sentencing Commission on matters related to any legislation, regulations, rules, budgetary changes and all other actions needed to implement the provisions of Chapter 633, Statutes of Nevada 2019, as they relate to local governments;

(b) Identify county-level programming and treatment needs for persons involved in the criminal justice system for the purpose of reducing recidivism;

To the extent of legislative appropriation, the Sentencing Commission shall provide the Council with such staff as is necessary to carry out the duties of the Council pursuant to this section.

- *AB393_R1* – 16 – Sec.

The sentencing court or the Board - 81st Session (2021) – 17 – shall grant a petition for release from a special sentence of lifetime supervision if:

(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the person’s last conviction or release from incarceration, whichever occurs later;

(IV) A deadly weapon, explosives or a firearm;

- *AB393_R1* – 17 – (X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property;

(II)- A81st courtSession (2021) – 18 – the United States.ourt of the United States or the Armed Forces of (b) [“Person professionally qualified to conduct psychosexual evaluations” has the Unitedmeaning States.ascribed to it in NRS 176.133.

(b) [“Person professionally qualified to conduct psychosexual evaluations” has the meaning ascribed to it in NRS 176.133.

176.145contain:45 1.

The report of any presentence investigation must contain:(a) Any:

(a) Any:

(b) Information concerning the characteristics of the defendant, the defendant’s financial condition, including whether the information pertaining to the defendant’s financial condition has been verified, the circumstances affecting the defendant’s behavior and the circumstances of the defendant’s offense that may be helpful in imposing sentence, in granting probation or in the correctionalcorrectionalul treatment of the defendant;

- *AB393_R1* – 18 – (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 paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at- the81st discretionSession of(2021) the– court19 or– the Division and the extent of the information to be included in the report is solely at the discretion of the Division;

and (g) If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of the psychosexual evaluation of the defendant and all information that is necessarynec(h) toSuch carryother outinformation theas provisionsmay ofbe NRSrequired 176A.110by .the court.] 2.

[;

and (h) Such other information as may be required by the court.] 2.

The results of the risk and needs assessment must be used to set a level of supervision for each probationer and to develop individualized case plans pursuant to subsection 4.

- *AB393_R1* – 19 – 2.

The results of the risk and needs assessment conducted in accordance with this section must be used to - 81st Session (2021) – 20 – determine whether a change in the level of supervision is necessary.

If the Division changes the level of supervision, the Division shall notify the probationerpro3.tiThe provisions of thesubsections change.1 and 2 are not applicable if:

3.

The provisions of subsections 1 and 2 are not applicable if:

Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2,2: the supervising officer shall seek a modification of the terms and conditions from the court pursuant to subsection 1 of NRS 176A.450.

(a) The supervising officer shall notify the court of the finding;

and (b) The court may modify the terms and conditions of probation pursuant to subsection 1 of NRS 176A.450.

The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment.

TheThethe Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.

(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a - *AB393_R1* – 20 – habitually fraudulent felon pursuant to NRS 207.014 or a habitual - 81st Session (2021) – 21 – felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.

(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence deems advisable, decide not to suspend the execution of thes it sentence imposed and grant probation to the person.person if, at the time of sentencing, it is established that the person had previously been two times convicted, whether in this State or elsewhere, of a crime that under the laws of the situs of the crime or of this State would amount to a felony.

The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time of sentencing, it is established that the person had previously been two times convicted, whether in this State or elsewhere, of a crime that under the laws of the situs of the crime or of this State would amount to a felony.

[The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the Chief Parole and Probation Officer, if any, in determining whether to grant probation to 4.]ersIf the court determines that a person.person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing the person to a term of imprisonment, grant probation pursuant to the Program of [Intensive] Enhanced Supervision established pursuant to NRS 176A.440.

4.] If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing the person to a term of imprisonment, grant probation pursuant to the Program of [Intensive] Enhanced Supervision established pursuant to NRS 176A.440.

If the report of the - 81st Session (2021) – 22 – presentence investigation is not submitted by the Chief Parole and - *AB393_R1* – 21 – Probation Officer within 45 days, the court may grant probation without the report.

If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

(f) Submission to a Program of [Intensive] Enhanced Supervision.Sup(g) Restrictions on travel by the probationer outside the jurisdiction of the court.

(g) Restrictions on travel by the probationer outside the jurisdiction of the court.

(b)- Notify81st theSession court(2021) within– 2423 hours– after the surety has knowledge of a violation of or a failure to fulfill a condition of the program of probation.

- *AB393_R1* – 22 – 3.

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 probationer’s location, including, but not limited to, the transmission of still visual images which do not concern the probationer’s activities, and producing, upon request, reports or records of the probationer’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service and failure to refrain from the use of alcohol or controlled substances.

(b) Take into account factors such as responsivity factors impacting a person’s ability to successfully complete any conditions of supervision, the severity of the current violation, the person’s previous criminal record, the number and severity of any previous - 81st Session (2021) – 24 – violations and the extent to which graduated sanctions were imposed for previous violations.

The Division shall establish and maintain a program of initial and ongoing training for parole and probation officers regardingreg3.dinNotwithstanding any rule or law to the systemcontrary, ofa parole and probation officer shall use graduated sanctions.sanctions established pursuant to this section when responding to a technical violation.

- *AB393_R1* – 23 – 3.

Notwithstanding any rule or law to the contrary, a parole and probation officer shall use graduated sanctions established pursuant to this section when responding to a technical violation.

(a) “Absconding” has the meaning ascribed to it in NRS(b) “Responsivity factors” has the meaning ascribed to it in NRS 176A.630.213.107.

(b) “Responsivity factors” has the meaning ascribed to it in NRS 213.107.

(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, - 81st Session (2021) – 25 – inclusive, 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, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection againstagainstNRS sexual assault pursuant to NRS 200.378;

or - *AB393_R1* – 24 – (7) Violation of a stay away order involving a natural person who is the victim of the crime for which the supervised person is being supervised.

and (b) Require [intensive] enhanced supervision of the probationer, including, without limitation, unannounced visits to the probationer’s residence or other locations where the probationer is expected to be to determine whether the probationer is complying is with the terms of confinement.

or (b) Information concerning the probationer’s activities, - 81st Session (2021) – 26 –  must not be used.

5.unexpired maximum term of the original sentence.end beyond the Sec.

Any residential confinement must not extend beyond the unexpired maximum term of the original sentence.

Sec.

The Chief Parole and Probation Officer may terminate the residential confinement of a probationer and order the - *AB393_R1* – 25 – detention of the probationer in a county jail pending [an inquiry or] a court hearing if:

The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it [,] and consider the [standards adopted pursuant to NRS 213.10988 and] system of graduated sanctions adopted pursuant to NRSany, 176A.510,of [as]the Chief Parole and Probation Officer.] Upon determining that the probationer has violated a condition of probation, the court shall, if applicablepracticable, .order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation.

[,If andthe court finds that the recommendation,probationer ifcommitted any,a violation of thea Chiefcondition Paroleof andprobation Probationby Officer.]committing Upona determiningnew thatfelony theor probationergross hasmisdemeanor, violatedbattery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a conditionmisdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of probation,a stay away order involving a natural person who is the courtvictim shall,of ifthe practicable,crime orderfor which the probationer tois makebeing restitutionsupervised, violation of a temporary or extended order for anyprotection necessaryagainst expensesdomestic incurredviolence byissued - 81st Session (2021) – 27 – injunction that is in the nature of a governmentaltemporary entityor extended order for protection against domestic violence issued in returningan theaction probationeror proceeding brought pursuant to thetitle court11 of NRS, a temporary or extended order for violationprotection ofagainst stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the probation.court may:

If the court finds that the probationer committed a violation of a condition of probation by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, 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, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the court may:

- *AB393_R1* – 26 – (c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;

The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute.

The Chief Parole and Probation Officer must not be held responsible when such notification is not received by the victim if the victim has but not providedlimited to, a current address.or former address, which pertains to a victim and which is received by the Division pursuant to this paragraph is confidential.

All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this paragraph is confidential.

(c)- Temporarily81st revokeSession the(2021) probation– or28 suspension– of sentence and impose a term of imprisonment of not more than:than:on of sentence (1) Thirty days for the first temporary revocation;

(1) Thirty days for the first temporary revocation;

If the person is not brought before the court within 15 calendar days, - *AB393_R1* – 27 – the probationer must be released from detention and returned to probation status.

Following a probationer’s release from detention, the court may subsequently hold a hearing to determine if a technical violation hasoccurred, occurred.the court may:rt finds that such a (a) Continue probation and modify the terms and conditions of probation;

If the court finds that such a technical violation occurred, the court may:

(a) Continue probation and modify the terms and conditions of probation;

5.

As used in this section:

- 81st Session (2021) – 29 – (3) Violation of NRS 484C.110 or 484C.120;

(5) Harassment pursuant to NRS 200.571 or stalking or aggrava(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, 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 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.575;200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

(6)or (7) Violation of a temporarystay oraway extended order forinvolving protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restrainingnatural orderperson orwho injunction that is in the naturevictim of athe temporarycrime or extended order for protectionwhich againstthe domesticprobationer violenceis issuedbeing insupervised. an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

or - *AB393_R1* – 28 – (7) Violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised.

In ordering the person to a term of residential confinement, the(a) Direct that the courtperson shall:be placed under the supervision of the Division and require:

(a) Direct that the person be placed under the supervision of the Division and require:

or (b) If the person was placed on probation for a felony conviction, direct that the person be placed under the supervision of the Department of Corrections and require the person to be confined to a facility or institution of the Department for a period not to - 81st Session (2021) – 30 – exceed 6 months.

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

- *AB393_R1* – 29 – 4.

Except as otherwise provided in subsection 7, in lieu of imposing any punishment other than a minimum sentence required by statute, a justice of the peace may sentence a person convictedmaking this determination, the justice of athe misdemeanorpeace toshall aconsider termthe criminal record of residentialthe confinement.convicted person and the seriousness of the crime committed.

In making this determination, the justice of the peace shall consider the criminal record of the convicted person and the seriousness of the crime committed.

3.- 81st Session (2021) – 31 – confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:

In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:

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 person, including, but not limited to, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the person’s presence near or within a crime scene or - *AB393_R1* – 30 – prohibited area or his or her departure from a specified geographic location.

The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residentialresidentialstic confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.

Sec.- 81st Session (2021) – 32 – 5.076 1.

18.

NRS 5.076 is hereby amended to read as follows:

5.076 1.

and (b) Require [intensive] enhanced supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his or her residence or other locations where the convicted person is expected to be in order to determine whether the convicted person is complying with the terms of his or herherhether sentence.

- *AB393_R1* – 31 – 3.

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 person, including, but not limited to, the transmission of still visual images which do not concern the activities of the person, and producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

- 81st Session (2021) – 33 – 5.

An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicatingint6.icaA liquorterm orof aresidential controlledconfinement, substance.together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

6.

A term of residential confinement, together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has - *AB393_R1* – 32 – expired, that person may reasonably be inferred to have embezzled the vehicle.

In addition to any other penalty, the court shall order the personperSec. to pay restitution.

Sec.

The term does not include any confinement ordered pursuant to - 81st Session (2021) – 34 – NRS [176A.530] 176A.540 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

Chapter 213 of NRS is hereby amended by adding theretothe1.to The Division shall adopt a newwritten sectionsystem of graduated sanctions for parole and probation officers to readuse aswhen follows:responding to a technical violation of the conditions of parole.

1.

The Division shall adopt a written system of graduated sanctions for parole and probation officers to use when responding to a technical violation of the conditions of parole.

- *AB393_R1* – 33 – 2.

4.graduated sanction shall provide the supervised person with notice of the intended sanction.

A parole and probation officer intending to impose a graduated sanction shall provide the supervised person with notice of the intended sanction.

If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the Board outlining the reasons for the recommendation of revocation and the steps taken by the Division to change the supervised person’s behavior while in the - 81st Session (2021) – 35 – community, including, without limitation, any graduated sanctions imposed before recommending revocation.

(a) “Absconding” has the meaning ascribed to it in NRSNRS(b) 176A.630.“Technical violation” means any alleged violation of the conditions of parole that does not constitute absconding and is not the commission of a:

(b) “Technical violation” means any alleged violation of the conditions of parole that does not constitute absconding and is not the commission of a:

(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, 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, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or - *AB393_R1* – 34 – extended order for protection against sexual assault pursuant to NRS 200.378;

or (7) Violation of a stay away order involving a natural person who is the victim of the crime for which the supervised person is being supervised.

the crime for which the supervised  The term does not include termination from a specialty court program.

- 81st Session (2021) – 36 – 5.

“Risk and needs assessment” means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when increase properly addressed, can reduce the likelihood of a person reoffending.

Except as otherwise provided in [subsections] subsection 3 , [and 5,] the Division shall administer a risk and needs assessment to each [probationer and] parolee under the Division’s - *AB393_R1* – 35 – supervision.

3.- 81st Session (2021) – 37 – (a) The level of supervision for the probationer is set by the:

Thecourt provisionsor ofby subsectionslaw; 1 and 2 are not applicable if:

(a) The level of supervision for the probationer is set by the court or by law;

The provisions of subsections 1 and [4] 2 are not applicableBoard ifor theby law.e level of supervision for the parolee is set by the Board[6.] or4. by law.

[6.] 4.

Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2, the supervising officer shall seek a modification - *AB393_R1* – 36 – of the terms and conditions from the court pursuant to subsection 1 of NRS 176A.450.

Upon a finding that a condition of parole or the level of parole supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or [4,] 2, the supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board.

The Division- shall81st establishSession quality(2021) assurance– procedures38 to– ensure proper and consistent scoring of the risk and needs assessment.

Except as otherwise provided in this section, a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time that the prisoner committed the offense for which the prisoner was imprisoned must, if the prisoner still has a consecutive sentence to be served, be granted parole from his or her current term of imprisonment to his or her subsequent term of imprisonment or must, if the prisoner does not still have a consecutive sentence to be served, be released on parole, if:

or -3. *AB393_R1* – 37 – (2) Been housed in disciplinary segregation.

3.(If a prisoner who meets the criteria set forth in subsection 2 is determined to be a high risk to reoffend in a sexual manner pursuant to NRS 213.1214, the Board is not required to release the prisoner on parole pursuant to this section.

If a prisoner who meets the criteria set forth in subsection 2 is determined to be a high risk to reoffend in a sexual manner pursuant to NRS 213.1214, the Board is not required to release the prisoner on parole pursuant to this section.

- 81st Session (2021) – 39 – 5.

If a prisoner meets the criteria set forth in subsection 1 and there are no current requests for notification of hearings made in accordance with subsection 4 of NRS 213.131 or, if the Board is not required to provide notification of hearings pursuant to NRS 213.10915, the Board has not been notified by the automated victim notification system that a victim of the prisoner has registered with the system to receive notification of hearings, the Board may grant parole to the prisoner without a meeting.

If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 2, the Board shall provide to the prisoner a written statement of its reasons for denying parole, along with specific recommendations of the Board, if any, to improve the possibility of granting parole the next time the prisoner may be considered for parole.

- *AB393_R1* – 38 – 9.

For the purposes of this section, the determination of the 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits the prisoner may - 81st Session (2021) – 40 – have earned to reduce his or her sentence had the prisoner not been paroled.

213.122 The Chief shall develop a statewide plan for the [strict] enhanced supervision of parolees released pursuant to NRS 213.1215.

In addition to such other provisions as the Chief deemsdeemsS appropriate, the plan must provide for the supervision of such parolees by assistant parole and probation officers whose caseload allows for enhanced supervision of the parolees under their charge unless, because of the remoteness of the community to which the parolee is released, enhanced supervision is impractical.

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 parolee’s location, including, but not limited to, the transmission of still visual images which do not concern the parolee’s activities, 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 specifiedrecording geographicor location.transmitting:ion.

A device which is capable of recording(a) Oral or transmitting:wire communications or any auditory sound;

(a) Oral or wire communications or any auditory sound;

- *AB393_R1* – 39 – 2.

Except as otherwise provided in [subsection] subsections 4 and 6, the Chief may order the residential confinement- of81st aSession parolee(2021) if– the41 Chief– believes that the parolee does not pose a danger to the community and will appear at a scheduledscheduledoes [inquiry or] hearing.

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, without limitation, 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 departure from a specified geographic location.

The Chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the Chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

- *AB393_R1* – 40 – Sec.

In making this determination, the Board - 81st Session (2021) – 42 – shall consider the criminal record of the parolee and the seriousness of the crime committed.

(a) Require:(1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division;

(1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division;

A device which is capablecap(a) ofOral recordingor wire communications or transmitting:any auditory sound;

(a) Oral or wire communications or any auditory sound;

- *AB393_R1* – 41 – 5.

7.- 81st Session (2021) – 43 – 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 likely to pose a threat to the victim of the battery.

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 likely to pose a threat to the victim of the battery.

The Division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the Div(a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community, unless the offender is assigned to the custody of the Division shall:pursuant to NRS 209.3923 or 209.3925;

(a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community, unless the offender is assigned to the custody of the Division pursuant to NRS 209.3923 or 209.3925;

and (c) Require [intensive] enhanced supervision of the offender, including unannounced visits to his or her residence or other locations where the offender is expected to be in order to determine whether the offender is complying with the terms and conditions of his or her confinement.

complying with the terms and conditions of 3.

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 offender’s location, including, but not limited to, the transmission of still visual images which do not concern the - *AB393_R1* – 42 – offender’s activities, and producing, upon request, reports or records of the offender’s presence near or within a crime scene or prohibited - 81st Session (2021) – 44 – area or his or her departure from a specified geographic location.

or (b) Information concerning the offender’s activities,  mustmSec. not be used.

31.5.

useNRS 228.177 is hereby amended to read as follows:

228.177 1.

As used in this section [“county] :

(a) “City officer or employee” means an elected officer of a city or any city officer or employee who is compensated from a city treasury.

(b) “County officer or employee” means an elected officer of a county or any county officer or employee who is compensated from a county treasury.

2.

The Attorney General may investigate and prosecute any criminal offense committed by a county officer or employee or a city officer or employee in the course of his or her duties or arising out of circumstances related to his or her position, if:

(a) The district attorney of the county or the city attorney, as applicable, has stated in writing to the Attorney General that he or she does not intend to act in the matter;

or (b) The Attorney General has inquired in writing of the district attorney or the city attorney, as applicable, whether he or she intends to act in the matter and:

(1) The Attorney General has not received a written response within 30 days after the district attorney or the city attorney, as applicable, received the inquiry;

or (2) The district attorney or the city attorney, as applicable, [information or] indictment is not found or an information orer, but an complaint is not filed , as applicable, within 90 days after the response.

3.

When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action with leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.

4.

An [information or] indictment , information or complaint may not be dismissed on the ground that the district attorney or the city attorney, as applicable, or the Attorney General has not complied with this section.

Except as otherwise provided in subsection [5,] 6, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant- to,81st aSession prescription(2021) or– order45 of– a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

Except as otherwise provided in subsections 3 , [and] 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 or 453.339, a person who violates this section:

In accordance with NRS 176.211, the court shall defer judgment upon the consent of the person.per(b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(b)(c) ForIf a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 1428 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 28200 grams, oris ifguilty theof offenderlow-level haspossession previouslyof beena convictedcontrolled twosubstance orand moreshall timesbe inpun(d) If the aggregatecontrolled ofsubstance anyis violationlisted ofin theschedule lawI ofor II and the Unitedquantity Statespossessed is 28 grams or ofmore, anybut state,less territorythan or42 districtgrams, relatingor toif athe controlled substance,substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level possession of a controlled substance and shall be punished for a category DB felony asby providedimprisonment in NRSthe 193.130,state prison for a minimum term of not less than 1 year and maya bemaximum furtherterm punishedof not more than 10 years and by a fine of not more than $20,000.$50,000.

(c)- If81st theSession controlled(2021) substance– is46 listed– in(e) scheduleIf I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III,I IV or VII and the quantity possessed is 2842 grams or more, but less than 200100 grams, is guilty of low-levelhigh-level possession of a controlled substance and shall be punished for a category CB felony asby providedimprisonment in NRSthe 193.130.state prison not more than 15 years and by a fine of not more than $50,000.

- *AB393_R1* – 43 – (d) If the controlled substance is listed in schedule I or II and the quantity possessed is 28 grams or more, but less than 42 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level3. possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not more than $50,000.

(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $50,000.

3.

(c)shall be punished as provided in NRS 193.140.gross misdemeanor and (d) For thea thirdfourth or subsequent offense, is guilty of a grosscategory misdemeanorE felony and shall be punished as provided in NRS 193.140.193.130.

(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of more than 1 ounce, but less than 50 pounds, of marijuana or more than one- eighth of an ounce, but less than one pound, of concentrated cannabis is guilty of a category E felony and shall be punished as provided in NRS 193.130.

- *AB393_R1* – 44 – 6.

- 81st Session (2021) – 47 – [7.] 8.

(b)(c) “Marijuana”“Sterile doeshypodermic notdevice includeprogram” concentratedhas cannabis.the meaning ascribed to it in NRS 439.986.

ascribed to it in NRS 439.986.ice program” has the meaning Sec.

32.5.

1.

There is hereby appropriated from the State General Fund to the Department of Sentencing Policy for personnel costs related to data management the following sums:

For the Fiscal Year 2021-2022....................................$75,345 For the Fiscal Year 2022-2023....................................$96,987 2.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

Sec.

The amendatory provisions ofof: sections 19 and 32 of this act apply to an offense committed:

OnSections or19 afterand July32 1,of 2021;this act apply to an offense committed:

and(b) 2.Before July 1, 2021, if the person is sentenced on or after July 1, 2021.

Before2. July 1, 2021, if the person is sentenced on or after July 1, 2021.

Section 31.5 of this act apply to an offense committed:

(a) On or after the effective date of section 31.5 of this act;

and (b) Before the effective date of section 31.5 of this act if the applicable statute of limitations has commenced but has not yet expired on the effective date of section 31.5 of this act.

This section and sections 1, 2, 4 to 6.5, inclusive, 31.5, 33 and 34 of this act become effective upon passage and approval.

- 81st Session (2021) – 48 – 2.

Sections 3, 7 to 32,31, inclusive, 32, 32.5 and 35 of this act become effective on July 1, 2021.

LEADLINES~~~~~ OF21 REPEALED- SECTIONS81st 176A.530Session Authority(2021) of Chief Parole and Probation Officer to order.

176A.580 Inquiry required before alleged violation considered by court;

qualifications of inquiring officer;

time and place of inquiry;

exceptions;

subpoenas.

176A.590 Enforcement of subpoena issued by inquiring officer;

contempt.

176A.600 Notice to probationer;

rights of probationer at inquiry.

176A.610 Duties of inquiring officer;

determination;

detention or residential confinement of probationer upon finding probable cause.

- *AB393_R1* – 45 – 213.10988 Chief to adopt standards for recommendations regarding parole or probation.

H - *AB393_R1*