AB 241 — Establishes provisions governing credits on terms of imprisonment during certain declarations of emergency. (BDR 16-982)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 14, 2021) FIRST REPRINT A.B.

241241–Assemblywoman ASSEMBLYGonzález BCHAPTER.......... ILLN O.

241–A SSEMBLYWOMAN GONZÁLEZ M ARCH 11, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions governing credits on terms of imprisonment during certain declarations of emergency.

(BDR 16-982) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

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

requiring the Director of the Department of Corrections to submit a report containing a list of the offenders who have received such a credit;

Existing law permits an offender to earn certain credits to reduce his or her sentence of imprisonment.

(NRS 209.433-209.449) Section 1 of this bill allows for an additional credit of 5 days for each month served by an offender who is incarcerated in an institution or facility of the Department of Corrections during a period in which a state of emergency due to a communicable or infectious disease has been declared by the Governor and remains in effect.

(2) requires such credits to apply to eligibility for parole and to be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole, unless the which must be served before a person becomes eligible for parole;

and (3) requires such credits to be deducted from the maximum term or maximum aggregate term imposed by the sentence, as applicable.applicable;

Sectionand 2(4) ofrequires thisthe billDirector makesof Nevadathe RevisedDepartment, Statutes.ndicatenot thelater appropriatethan placement60 ofdays sectionafter 1a instate theof Sectionemergency 3due ofto thisa billcommunicable requiresor theinfectious creditsdisease authorizedhas inbeen thisdeclared billby the Governor, to besubmit applieda retroactivelyreport tocontaining thea sentencelist of anthe offenderoffenders who washave incarceratedreceived insuch ancredits institutionto orthe facilityChief Justice of the DepartmentNevada duringSupreme Court, the periodState inPublic whichDefender, the emergencyAttorney describedGeneral, inthe Executive Director of the DeclarationDepartment of EmergencySentencing forPolicy COVID-19and issuedthe onDirector Marchof 12,the 2020,Legislative wasCounsel inBureau effect.for transmittal to the Legislature or, if of Justice.

Section 32 also requires the Director of the Department to, not later than 60 days after the effective date of this bill,bill submitmakes a reportconforming containingchange a list of the emergency described in the Declaration of Emergency for COVID-19 issued onl for the March 12, 2020, to theindicate Chiefthetration Justiceappropriate ofplacement the Nevada Supreme Court, the State Public - *AB241_R1* – 2 – Defender, the Attorney General, the Executive Director of thesection Department1 of Sentencing Policy and the Director of the Legislative Counsel Bureau for Commission on the Administration of Justice.gislature is not in session, to the AdvisoryNevada THERevised PEOPLEStatutes. OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 2.5 of this bill:

(1) requires the credits authorized by section 1 to be applied retroactively to the sentence of an offender who was incarcerated in an institution or facility of the Department of Corrections during the period in which the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, was in effect;

and (2) specifies that the credits applied retroactively are an act of grace of the State, that no person has a right to parole and that the application of such credits is not intended to create any right or interest in political subdivisions, agencies, boards, commissions, departments, officers orate or its employees.

Section 2.5 also requires the Director of the Department, not later than days after the effective date of this bill, to submit a report containing a list of the offenders who have received credits pursuant to the provisions of this bill for the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for - 81st Session (2021) – 2 – Commission on the Administration of Justice.gislature is not in session, to the Advisory 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:

An offender who has no serious infraction of the regulations of the Department or the laws of the State recorded against the offender and who is actually incarcerated in an institution or facility of the Department pursuant to his or her sentence during a period in which a state of emergency due to a communicable or infectious disease has been declared by the Governor and remains in effect must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 5 days from his or her sentence for each month the offender serves during the state of emergency.

(a) Apply to eligibility for parole and must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole, unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole;

Not later than 60 days after a state of emergency due to a communicable or infectious disease has been declared by the Governor, the Director shall submit a report containing a list of the offenders who have received credits pursuant to this section to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Advisory Commission on the Administration of Justice.

4.

- 81st Session (2021) – 3 – (b) “Infectious disease” means a disease caused by a living organism or other pathogen, including a fungus, bacillus, parasite, protozoan or virus.

An infectious disease may or may not be transmissible from person to person, animal to person or insect to person.Sec.

Sec.

- *AB241_R1* – 3 – (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.

3.2.5.

TheSubject to the provisions of subsection 2, the credits provided in section 1 of this act must offenderbe whoapplied hasretroactively noto seriousreduce infraction of the regulationsterm of thenimprisonment Department of Correctionsan or the laws of the State recorded against the offender and who was actually incarcerated in an institution or facility of the Department of Corrections during the period in which the emergency described in the2020, Declarationwas ofin Emergencyeffect.mergency for COVID-19 issued on March 12, 2020,2. was in effect.

2.The credits provided in section 1 of this act and applied retroactively pursuant to subsection 1 are an act of grace of the State.

NotNo laterperson thanhas 60 days after the effective date of this act, the Director of the Department of Corrections shall submit a reportright containing a list of the offenders who have received credits pursuant to theparole provisions of subsection 1 and section 1 of this act for the emergencyapplication described in the Declaration of Emergencythese forcredits COVID-is 19not issuedintended on March 12, 2020, to thecreate Chiefany Justiceright ofor theinterest Nevadain Supremeliberty Court,or theproperty Stateor Publicestablish Defender,a thebasis Attorneyfor General,any thecause Executive Director of theaction Departmentagainst of Sentencing Policy and the DirectorState ofor theits Legislativepolitical Counselsubdivisions, Bureauagencies, forboards, transmittalcommissions, todepartments, theofficers Legislatureor or,employees. if the Legislature is not in session, to the Advisory Commission on the Administration of Justice.

3.

Not later than 60 days after the effective date of this act, the Director of the Department of Corrections shall submit a report containing a list of the offenders who have received credits pursuant to the provisions of subsection 1 and section 1 of this act for the emergency described in the Declaration of Emergency for COVID- issued on March 12, 2020, to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the - 81st Session (2021) – 4 – the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Advisory Commission on the Administration of Justice.

3.

(Deleted by amendment.) Sec.

3.5.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.