Makes various changes relating to criminal justice. (BDR 14-263)
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AB 32 — Makes various changes relating to criminal justice. (BDR 14-263)
Last action — Approved by the Governor. Chapter 250.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 16, 2022. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 09, 2023.
Prognosis
Where this bill stands today.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
1147 added · 1210 removed1147 line(s) added, 1210 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2023) FIRST REPRINT A.B.
3232–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... N O.
32–C OMMITTEE ON JUDICIARY (O N BEHALF OF THE DEPARTMENT OF S ENTENCING POLICY ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to criminal justice.
(BDR 14-263) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
authorizing the Division of Parole and Probation of the Department of Public Safety to impose confinement in a jail or detention facility or place a person under a system of active electronic monitoring for technical violations of the conditions of probation or parole;
and providing other matters properlyrelatingproperly relating thereto.
- *AB32_R1* – 2 – LegExisting law creates the Department of Sentencing Policy (hereinafter “Department”) and requires the Governor to appoint the Executive Director of the Department from a list of three persons recommended by the Nevada Sentencing Commission (hereinafter “Commission”).
(NRS 176.01323)recommended Sectionby 1.7the ofCommission thismust bill:be qualified persons;
(1)and specifies(2) thatremoves the threerequirement personsthat recommended by the CommissionExecutive Director must be qualifiedan persons;attorney who is licensed to practice law in this State.
andSection (2) removes the requirement that the Executive Director must be an attorney who is licensed to praSection 1 of this bill provides that any information collected or stored by the Department for the purpose of analyzing and understanding the criminal justice system is confidential and not a public record.
Section 8.3 of this bill makes a conforming change to indicate that such information is exempt from the - 82nd Session (2023) – 2 – requirement that public books and public records of a governmental entity must be open to inspection.
(1) one member must be a representative of the “Division”)Division whoof isParole appointedand byProbation of the Governor;Department of Public Safety (hereinafter Director of the Department of Employment, Training and Rehabilitation.
and(NRSe (2)176.0133) oneSection member2 must be thefter Director of thethis Departmentbill ofprovides Employment,that: Training and Rehabilitation.
(NRS 176.0133) Section 2 of this bill provides that:
Existing law imposes certain duties on the Commission, including the tracking and assessment of data from the Department of Corrections concerning prisonckingprison admissions, parole and release from prison.
(1) advises the Commission on matters related to certain legislation, regulations, rules, budgetary changes and other actions concerning local governments;persons involved in the criminal justice system for the purpose of reducingr recidivism;
(2)(3) identifiesmakes county-levelrecommendations programmingto and treatment needs for persons involved in the criminalCommission justiceregarding systemcertain for the purpose of reducing grants;
Existing law requires the Division to administer a risk and needs assessment to certain probationers and parolees under the supervision of the Division and, on a schedule determined by the Nevada Risk Assessment System or more often if necessary, administer a subsequent risk and needs assessment to such probationers and parolees.
Existing law provides that if a condition of parole or the level of parole supervision set is found not to align with the results of - *AB32_R1* – 3 – to the State Board of Parole Commissioners (hereinafter “Board”) to modify theequest condition or level of supervision.
(NRS 176A.510, 213.15101) Sections 4 and 7 of this bill, respectively, provide that as part of the system of graduated sanctions, the Division is authorized, in response to a technical violation period of notparole moreor thanprobation, 10to: days, not to exceed 30 days in the aggregate;
or(1) (2)ityimpose forconfinement ain place the person under a systemjail ofor activedetention electronicfacility monitoring for a period of not more than 6010 daysdays, usingnot anto electronicexceed device30 approveddays byin the Division.aggregate;
or (2) place the person under a system of active electronic monitoring for a period of not - 82nd Session (2023) – 3 – more than 60 days using an electronic device approved by the Division.
Sections 4 and 7 additionally revise the definition of “technical violation” to exclude, as applicable:
(1) certain violations of probation or suspension of sentence by a sex offender or a person convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person parole by a prisoner convicted of a sexual offense, a prisoner who is a Tier 3ons of offender convicted of a sexual offense against a child under 14 years of age or a prisoner convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person with a mental illness through the use of electronic means;
(2) certain violations of parole by a prisoner convicted of a sexual offense, a prisoner who is a Tier 3 offender convicted of a sexual offense against a child under 14 years of age or a prisoner convicted of stalking with the use of electronic means, an offense involving pornography with a minor or luring a child or person with a mental illness through the use of electronic means;
Sections 5 and 8 additionally require that before a court or the Board, as applicable, may take such actions, the Division must determine that the graduated sanctions adopted by the Division for technical violations of the conditions of probation or parole have been exhausted.
(1) a probationer who is arrested and detained, or a parolee whose parole is revoked, for committing a technical violation of the conditions of probation or parole, as applicable, receives credit for any time served while the probationer or parolee is waiting for a hearing to determine if a technical violation has occurred, which must be applied to any term of imprisonment imposed for the technical violation;
revocationSection of8 paroleadditionally: supervision from 30 days to 90 days for the first temporaryry revocation and from 90 days to 180 days for the second temporary revocation;
(1) increases the terms of imprisonment for a temporary revocation of parole supervision from 30 days to 90 days for the first temporary revocation and from 90 days to 180 days for the second temporary revocation;
- *AB32_R1* – 4 – Section 8.7 of this bill requires the Department to:
(1) collect and analyze certain data relating to the length of the term of imprisonment served and supervisionrecidivism isrates revokedfor duepersons towhose aprobation, technicalsuspension violationor ofsentence the conditions of probation or parole parole;
- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
176.01313 As used in NRS 176.0131 to 176.014, inclusive, [176.01315, 176.01317] and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 176.01315, 176.01317 and 176.0132 have the meanings ascribed to them inin1315, those sections.
Show all 158 changed lines (118 more)
The Executive Director may, within the limits of money available for this purpose, employ or enter into a contract for the services of such employees or consultants as is necessary to carry - *AB32_R1* – 5 – out the provisions of NRS 176.0131 to 176.014, inclusive [.] , and section 1 of this act.
Sec.- 82nd Session (2023) – 5 – 176.0133 1.
2.The Nevada Sentencing Commission is herebyllows:
NRScreated 176.0133within isthe herebyDepartment. amended to read as follows:
176.0133 1.
The Nevada Sentencing Commission is hereby created within the Department.
(g) One member who is a district attorney, appointed by the governinggov(h) bodyOne member who is a representative of the NevadaOffice Districtof Attorneysthe Association;Clark County Public Defender, appointed by the head of the Office of the Clark County Public Defender;
(h) One member who is a representative of the Office of the Clark County Public Defender, appointed by the head of the Office of the Clark County Public Defender;
(m)(m)(1) OneThe memberChief whoParole isand [a]Probation :Officer;
(1) The Chief Parole and Probation Officer;
- *AB32_R1*82nd –Session 6(2023) – (o)6 One– member who is a representative of the Las Vegas Metropolitan Police Department, appointed by the Sheriff of Clark County;
or (2) A representative of the Department of Employment, Training and Rehabilitation, appointed by the Director of the Department of Employment, Training and Rehabilitation;
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 after the vacancy occurs.
6.- 82nd Session (2023) – 7 – members of the Sentencing Commission shall elect a Chair byear, the majority vote who shall serve until the next Chair is elected.
At the first regular meeting of each odd-numbered year, the members of the Sentencing Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.
- *AB32_R1* – 7 – (a) Hold its first meeting on or before September 1 of each odd- numbered year;
A nonvoting alternate designated by a member pursuant to subsection 8 who attends a meeting of the Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencingquorum Commissionexists.mission for the purpose of determining whether a quorum10. exists.
10.
(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 , housing status and, if measured upon intake, risk score;
and (III)- The82nd numberSession of(2023) persons– who8 received– a clinical assessment identifying a mental health or substance use disorder upon intake.
(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, - *AB32_R1* – 8 – age, mental health status , housing status and, if measured upon intake, risk score;
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 , housing 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 Statereasons Boardtherefor;role of Parole Commissioners but remain in custody, and the reasons(III) therefor;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;
(III)and (IV) The total number of persons heldas inof prison on December 31 of each year who arehave servingstarted a sentencetreatment ofprogram lifewhile within orprison, withouthave thecompleted possibilitya oftreatment paroleprogram orwhile whoin haveprison beenand sentencedare to- death;82nd Session (2023) – 9 – program and type of offense.
andwhile (IV)in Theprison, totalby numbertype of personstreatment as(b) ofTrack Decemberand 31assess ofoutcomes eachresulting yearfrom whothe haveenactment startedof achapter treatment633, programStatutes whileof inNevada prison,2019, havewith completedrespect ato treatmentthe programfollowing whiledata, inwhich prisonthe andDivision areshall awaitingcollect aand treatmentreport programto whilethe inSentencing prison,Commission: 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:
(I) The total number of supervision intakes by type of offense, felony category, prior criminal history, gender identity or - *AB32_R1* – 9 – expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;
(IV) The average time credited to a person’s term of probation or parole as a result of successful compliance with supervision;
parole as a result of successful compliance with (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;
(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;
and (IV)- The82nd medianSession number(2023) of– administrative10 sanctions– issued by the Division to persons on supervision, by type of offense and felony category.
- *AB32_R1* – 10 – (d) Track and assess trends observed after the enactment of chapter 633, Statutes of Nevada 2019, including, without limitation, the following data, which the Central Repository for Nevada Records of Criminal History shall collect and report to the Sentencing Commission as reported to the Federal Bureau ofofe Investigation:
(a) “Technical violation” has the meaning ascribed to it in NRSNRS(b) 176A.510.“Type of admission” means the manner in which a person entered into the custody of the Department of Corrections, according to the internal definitions used by the Department of Corrections.
(b) “Type of admission” means the manner in which a person entered into the custody of the Department of Corrections, according to the internal definitions used by the Department of Corrections.
- 82nd Session (2023) – 11 – Sec.
(a) One member from each county in this State whose pop(b) Two members from each county in this State whose population is less100,000 thanor 100,000;more.
and (b) Two members from each county in this State whose population is 100,000 or more.
(a) Advise the Sentencing Commission on matters related to any legislation, regulations, rules, budgetary changes and all other - *AB32_R1* – 11 – actions needed to implement the provisions of chapter 633, Statutes of Nevada 2019, as they relate to local governments;
(c) Make recommendations to the Sentencing Commission regarding grants to local governments , courts and nonprofit organizations from the State General Fund;
and (f) Identify opportunities for collaboration with the Department of Health and Human Services at the state and county level forfortment treatment services and funding.
- 82nd Session (2023) – 12 – 7.
[7.]qualifications 8.that a person must meet before being appointed as ay member of the Council.
The Sentencing Commission may adopt any qualifications that a person must meet before being appointed as a member of the Council.
Except as otherwise provided in subsection 3, on a schedule determined by the [Nevada Risk Assessment System, or its successor] appropriate risk and needs assessment tool, or more - *AB32_R1* – 12 – often if necessary, the Division shall administer a subsequent risk and needs assessment to each probationer.
(a) The level of supervision for the probationer is set by the court or by law;
or supervision for the probationer is set by the (b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
- 82nd Session (2023) – 13 – (a) The supervising officer shall notify the court of the finding;
6.must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment.
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.
(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, - *AB32_R1* – 13 – 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 previousprevious’s violations and the extent to which graduated sanctions were imposed for previous violations.
The total number of days of confinement- imposed82nd pursuantSession (2023) – 14 – aggregate, exceed 30 days.nt to this paragraph must not, in the aggregate,(b) exceedPlace 30the days.person under a system of active electronic monitoring for a period of not more than 60 days using an electronic device approved by the Division.
(b) Place the person under a system of active electronic monitoring for a period of not more than 60 days using an electronic device approved by the Division.
4.probation officer shall use graduated sanctions established pursuantd to this section when responding to a technical violation.
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.
The notice must inform the person of any - *AB32_R1* – 14 – alleged violation and the date thereof and the graduated sanction to be imposed.
If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the court or 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 community, including, without limitation, any graduated sanctions imposed before recommending revocation.
(b)- “Responsivity82nd Session (2023) – 15 – NRS 213.107.onsivity factors” has the meaning ascribed to it in NRS(c) 213.107.“Technical violation” means any alleged violation of the conditions of probation that does not constitute absconding and is not [the] :
(c) “Technical violation” means any alleged violation of the conditions of probation that does not constitute absconding and is not [the] :
[(6)] (VI) 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 broughtbroughtnst 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 - *AB32_R1* – 15 – (VIII) Violation of a condition required pursuant to paragraph (i) or (l) of subsection 1 of NRS 176A.410 or 176A.413;
Sec.176A.630 NR1.
5.
NRS 176A.630 is hereby amended to read as follows:
176A.630 1.
Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary- expenses82nd incurredSession by(2023) a– governmental16 entity– in returning the probationer to the court for violation of the probation.
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 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,] that is not a technical violation, the court may:
- *AB32_R1* – 16 – The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute.
If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to bebeh notified and who has provided a current address to the Division.
The Chief- Parole82nd andSession Probation(2023) Officer– must17 not– be held responsible when such notification is not received by the victim if the victim has not provided a current address.
or (3) One hundred and eighty days for the third temporary revocation;
[or][or]undred and eighty days for the third temporary (d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation [.] ;
Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of - *AB32_R1* – 17 – the conditions of probation must be brought before the court not later than 15 calendar days after the date of arrest and detention.
If the person is not brought before the court within 15 calendar days, the probationer must be released from detention and returned to probation status.
4.- 82nd Session (2023) – 18 – a technical violation of the conditions of probation must receive credit for any time served while the probationer is waiting for a hearing to determine if a technical violation has occurred.
A probationer who is arrested and detained for committing a technical violation of the conditions of probation must receive credit for any time served while the probationer is waiting for a hearing to determine if a technical violation has occurred.
(c) Failing to abide by the requirements of a mental health or substancesub(d) useFailing treatmentto program.seek and maintain employment.
(d) Failing to seek and maintain employment.
- *AB32_R1* – 18 – (5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
or stalking or (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- 200.59182nd orSession a(2023) temporary– or19 extended– order for protection against sexual assault pursuant to NRS 200.378;
ororrotection (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.
Except as otherwise provided in subsection 3, on a schedule determined by the [Nevada Risk Assessment System, or its successor] appropriate risk and needs assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each parolee.
The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that willwil5.nee[Upon needa finding that a condition of parole or the level of parole supervision set pursuant to bethis consideredsection does not align with the results of a risk and addressedneeds forassessment eachadministered parolee.pursuant to subsection 1 or 2, the supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board.
5.
[Upon a finding that a condition of parole or the level of parole supervision set pursuant to this section does not align with - *AB32_R1* – 19 – the results of a risk and needs assessment administered pursuant to subsection 1 or 2, the supervising officer shall submit a request to the Board to modify the condition or level of supervision set by the Board.
6.] The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the - 82nd Session (2023) – 20 – timeline established by the developer of the assessment.
213.15101graduated 1.sanctions for parole and probation officers to use when responding to a technical violation of the conditions of parole.
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.
As part of the system of graduated sanctions, the Division may, in response to a technical violation of the conditions of parole:
response to a technical violation of the conditions of (a) Impose confinement in a jail or detention facility for a period of not more than 10 days.
The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or - *AB32_R1* – 20 – transmitting information concerning the location of the person, including, without limitation, 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 - 82nd Session (2023) – 21 – her departure from a specified geographic location.
or (2) Information concerning the activities of the person, mustm4.t notnNotwithstanding beany used.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.
4.
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 NRSNRS(b) [176A.630.]“Technical 176A.510.violation” means any alleged violation of the conditions of parole that does not constitute absconding and is not [the] :
(b) “Technical violation” means any alleged violation of the conditions of parole that does not constitute absconding and is not [the] :
- *AB32_R1* – 21 – [(6)] (VI) 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- of82nd aSession temporary(2023) or– extended22 order– for protection against domestic violence issued in an action or proceeding broughtbroughtnst 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;
213.1519and 1.3, a parolee whose parole is revoked by decision of the Board for the commission of 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 parolee 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 protection against sexual assault pursuant to NRS 200.378 or for absconding:] violation of a condition of parole that is not a technical violation:
Except as otherwise provided in subsections 2 and 3, a parolee whose parole is revoked by decision of the Board for the commission of 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 parolee 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 for absconding:] violation of a condition of parole that is not a technical violation:
and (b) Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original - *AB32_R1* – 22 – sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.
- The82nd BoardSession may(2023) restore– any23 credits– forfeited under this subsection.
may restore any credits forfeited under this 2.
(b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board;
(1)(2)] [ThirtyNinety days for the [second] first temporary paroleparoleon; revocation;
(2)] Ninety days for the [second] first temporary parole revocation;
If parole supervision is revoked pursuant to this paragraph, the parolee must serve such part of the unexpired maximum term or - *AB32_R1*82nd Session (2023) – 2324 – the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board with rehearing dates scheduled pursuant to NRS 213.142.
A parolee whose parole is revoked for committing a technical violation of the conditions of parole must receive credit for any time served while the parolee is waiting for a hearing totoit determine if a technical violation has occurred.
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100,33.100,n 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;
- 82nd Session (2023) – 25 – Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, - *AB32_R1* – 24 – 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,87.5413,2, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, - 82nd Session (2023) – 26 – 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, - *AB32_R1* – 25 – 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, - 82nd Session (2023) – 27 – 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum - *AB32_R1* – 26 – may be prepared from those public books and public records.
4.public record in an electronic format by means of an electronicy of a medium.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.
- 82nd Session (2023) – 28 – (a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
- *AB32_R1* – 27 – 1.
(a) Length of the term of imprisonment served for each person whose probation, suspension of sentence or parole supervision is temporarily revoked due to a technical violation of the conditions of probation or parole, as applicable;
On or before January 1, 2025, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature regarding the collection and analysis of data pursuant toLegislatureto subsection 1.
The amendatory provisions of sections 4, 5, 7 and 8 of this act apply to a technical violation of the conditions of probation or parole, as applicable, that occurs on or after July 1, 2023.
H~~~~~ 23 - *AB32_R1*82nd Session (2023)
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 250.
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Enrolled and delivered to Governor.
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Senate Amendment No. 765 concurred in. To enrollment.
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In Assembly.
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Taken from General File. Placed on Secretary's desk. Taken from Secretary's desk. Placed on General File. Read third time. Amended. (Amend. No. 765.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.
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Read second time. Amended. (Amend. No. 57.) To printer.
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Notice of eligibility for exemption.
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From committee: Amend, and do pass as amended.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Assembly Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Judiciary
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 32?
- AB 32 is sponsored by Assembly Committee on Judiciary.
- What is the current status of AB 32?
- This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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