AB 17 — Revises provisions relating to the discharge of certain persons from probation or parole. (BDR 14-334)

(Reprinted with amendments adopted on April 12, 2021) FIRST REPRINT A.B.

Sections 11.5 and 3 of this bill make conforming changes by eliminating certain procedural distinctions related to a dishonorable discharge from probation.

Section 5 of this bill makes a conforming change related to the elimination of the distinction between an honorable discharge and a dishonorable discharge.discharge from parole.

honorableSentencing dischargeCommission andcertain ainformation dishonorablerelating dischargeto applicablethe tonumber persons:of persons on probation or parole.

(1)(NRS serving176.01343) aSection term1 of this bill eliminates the distinction between an honorable discharge and a dishonorable discharge from probation or on parole onfor thepurposes effectiveof datecollecting ofand thisreporting bill;such information.

or- (2)*AB17_R1* released– on2 probation– orSection parole6 onof orthis afterbill makes the effectiveelimination date of thisthe bill.distinction between an honorable discharge and a dishonorable discharge applicable to persons:

-(1) *AB17*serving –probation 2or –parole THEon PEOPLEor OFafter THEthe STATEeffective OFdate NEVADA,of REPRESENTEDthis INbill.ill; SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or (2) released on THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

NRS 176.01343 is hereby amended to read as follows:

176.01343 1.

The Sentencing Commission shall:

(a) Track and assess outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, including, without limitation, the following data from the Department of Corrections:

(1) With respect to prison admissions:

(I) The total number of persons admitted to prison by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age and, if measured upon intake, risk score;

(II) The average minimum and maximum sentence term by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

and (III) The number of persons who received a clinical assessment identifying a mental health or substance use disorder upon intake.

(2) With respect to parole and release from prison:

(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;

(II) The total number of persons released from prison each year by type of release, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

(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 - *AB17_R1* – 3 – expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score.

(3) With respect to the number of persons in prison:

(I) The total number of persons held in prison on December 31 of each year, not including those persons released from a term of prison who reside in a parole housing unit, by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

(II) The total number of persons 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;

(III) The total number of persons held in prison on December 31 of each year who are serving a sentence of life with or without the possibility of parole or who have been sentenced to death;

and (IV) The total number of persons as of December 31 of each year who have started a treatment program while in prison, have completed a treatment program while in prison and are awaiting a treatment program while in prison, by type of treatment program and type of offense.

(b) Track and assess outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, with respect to the following data, which the Division shall collect and report to the Sentencing Commission:

(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;

(II) The average term of probation imposed for persons on probation by type of offense;

(III) The average time served by persons on probation or parole by [type of discharge,] felony category and type of offense;

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

(V) The total number of supervision discharges [by type of discharge, including, without limitation, honorable discharges and dishonorable discharges,] and cases resulting in a return to prison;

- *AB17_R1* – 4 – (VI) The recidivism rate of persons discharged from supervision , [by type of discharge,] according to the Division’s internal definition of recidivism;

(VII) The number of persons identified as having a mental health issue or a substance use disorder;

and (VIII) The total number of persons on probation or parole who are located within this State on December 31 of each year, not including those persons who are under the custody of the Department of Corrections.

(2) With respect to persons on probation or parole who violate a condition of supervision or commit a new offense:

(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;

(II) The average amount of time credited to a person’s suspended sentence or the remainder of the person’s sentence from time spent on supervision;

(III) The total number of persons receiving administrative or jail sanctions, by type of offense and felony category;