AB4 - Revises provisions relating to probation and lifetime supervision. (BDR 14-246)

A.B. 4 - *AB4* ASSEMBLY BILL NO. 4–COMMITTEE ON JUDICIARY (ON BEHALF OF THE DIVISION OF PAROLE AND PROBATION OF THE DEPARTMENT OF PUBLIC SAFETY) PREFILED OCTOBER 8, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to probation and lifetime supervision. (BDR 14-246) 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. AN ACT relating to offenders; authorizing the Division of Parole and Probation of the Department of Public Safety to petition the sentencing court or the State Board of Parole Commissioners for the release of a person sentenced to lifetime supervision; authorizing the sentencing court or Board to grant such a petition under certain circumstances; clarifying provisions relating to certain allowable deductions from the period of probation of certain offenders; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a court to include a special sentence of lifetime 1 supervision for any person convicted of certain sexual offenses. Existing law also: 2 (1) authorizes a person sentenced to lifetime supervision to petition the sentencing 3 court or the State Board of Parole Commissioners for release from lifetime 4 supervision; and (2) requires the sentencing court or Board to grant the petition for 5 release if, among other requirements, the person has not been convicted of an 6 offense that poses a threat to the safety or well-being of others for at least 10 7 consecutive years after the person’s last conviction or release from incarceration, 8 whichever occurs later. (NRS 176.0931) Section 1 of this bill similarly authorizes 9 the Division of Parole and Probation of the Department of Public Safety to petition 10 the sentencing court or the State Board of Parole Commissioners for the release of a 11 person sentenced to lifetime supervision. Section 1 also authorizes the sentencing 12 court or Board to grant such a petition if the person who is the subject of the 13 petition has not been convicted of an offense that poses a threat to the safety or 14 – 2 – - *AB4* well-being of others for at least 20 consecutive years after the person’s last 15 conviction or release from incarceration, whichever occurs later. Section 3 of this 16 bill makes a conforming change to refer to a provision that has been renumbered in 17 section 1. 18 Existing law authorizes a court to place an offender on probation for a fixed 19 period or an indeterminate period. Under existing law, an offender sentenced to 20 serve a period of probation for a felony or gross misdemeanor must be allowed 21 certain deductions from the period of probation for each month the offender serves 22 and is: (1) current with certain fees and any payment of restitution ordered by the 23 court; or (2) actively involved in employment or enrolled in certain programs. 24 (NRS 176A.500) Section 2 of this bill clarifies that an offender sentenced to serve a 25 period of probation for a felony or gross misdemeanor must be allowed such 26 deductions regardless of whether the period of probation of the offender is 27 indeterminate or fixed by the court. 28 Section 4 of this bill provides that the amendatory provisions of: (1) section 1 29 apply to a person who is sentenced to lifetime supervision before, on or after 30 October 1, 2025; and (2) section 2 apply to a person who is sentenced to serve a 31 period of probation before, on or after October 1, 2025. 32 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 176.0931 is hereby amended to read as 1 follows: 2 176.0931 1. If a defendant is convicted of a sexual offense, 3 the court shall include in sentencing, in addition to any other 4 penalties provided by law, a special sentence of lifetime supervision. 5 2. The special sentence of lifetime supervision commences 6 after any period of probation or any term of imprisonment and any 7 period of release on parole. 8 3. A person sentenced to lifetime supervision may petition the 9 sentencing court or the State Board of Parole Commissioners for 10 release from lifetime supervision. The sentencing court or the Board 11 shall grant a petition for release from a special sentence of lifetime 12 supervision if: 13 (a) The person has complied with the requirements of the 14 provisions of NRS 179D.010 to 179D.550, inclusive; 15 (b) The person has not been convicted of an offense that poses a 16 threat to the safety or well-being of others for an interval of at least 17 10 consecutive years after the person’s last conviction or release 18 from incarceration, whichever occurs later; and 19 (c) The person is not likely to pose a threat to the safety of 20 others, as determined by a licensed, clinical professional who has 21 received training in the treatment of sexual offenders, if released 22 from lifetime supervision. 23 4. The Division may petition the sentencing court or the State 24 Board of Parole Commissioners for the release of a person 25 – 3 – - *AB4* sentenced to lifetime supervision. The sentencing court or the 1 Board may grant a petition for release from a special sentence of 2 lifetime supervision if the person who is the subject of the petition 3 has not been convicted of an offense that poses a threat to the 4 safety or well-being of others for at least 20 consecutive years after 5 the person’s last conviction or release from incarceration, 6 whichever occurs later. 7 5. A person who is released from lifetime supervision pursuant 8 to the provisions of [subsection 3] this section remains subject to 9 the provisions for registration as a sex offender and to the provisions 10 for community notification, unless the person is otherwise relieved 11 from the operation of those provisions pursuant to the provisions of 12 NRS 179D.010 to 179D.550, inclusive. 13 [5.] 6. As used in this section: 14 (a) “Offense that poses a threat to the safety or well-being of 15 others” includes, without limitation: 16 (1) An offense that involves: 17 (I) A victim less than 18 years of age; 18 (II) A crime against a child as defined in 19 NRS 179D.0357; 20 (III) A sexual offense as defined in NRS 179D.097; 21 (IV) A deadly weapon, explosives or a firearm; 22 (V) The use or threatened use of force or violence; 23 (VI) Physical or mental abuse; 24 (VII) Death or bodily injury; 25 (VIII) An act of domestic violence; 26 (IX) Harassment, stalking, threats of any kind or other 27 similar acts; 28 (X) The forcible or unlawful entry of a home, building, 29 structure, vehicle or other real or personal property; or 30 (XI) The infliction or threatened infliction of damage or 31 injury, in whole or in part, to real or personal property. 32 (2) Any offense listed in subparagraph (1) that is committed 33 in this State or another jurisdiction, including, without limitation, an 34 offense prosecuted in: 35 (I) A tribal court. 36 (II) A court of the United States or the Armed Forces of 37 the United States. 38 (b) “Sexual offense” means: 39 (1) A violation of NRS 200.366, subsection 4 of NRS 40 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, 41 paragraph (a) of subsection 1 of NRS 200.975, NRS 201.180, 42 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of 43 subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560; 44 – 4 – - *AB4* (2) An attempt to commit an offense listed in subparagraph 1 (1); or 2 (3) An act of murder in the first or second degree, 3 kidnapping in the first or second degree, false imprisonment, 4 burglary or invasion of the home if the act is determined to be 5 sexually motivated at a hearing conducted pursuant to NRS 175.547. 6 Sec. 2. NRS 176A.500 is hereby amended to read as follows: 7 176A.500 1. Except as otherwise provided in subsection 2, 8 the period of probation or suspension of sentence may be 9 indeterminate or may be fixed by the court and may at any time be 10 extended or terminated by the court, but the period, including any 11 extensions thereof, must not be more than: 12 (a) Twelve months for a: 13 (1) Gross misdemeanor; or 14 (2) Suspension of sentence pursuant to NRS 176A.240, 15 176A.260, 176A.290 or 453.3363; 16 (b) Eighteen months for a category E felony; 17 (c) Twenty-four months for a category C or D felony; 18 (d) Thirty-six months for a category B felony; or 19 (e) Notwithstanding the provisions of paragraphs (a) to (d), 20 inclusive, 60 months for a violent or sexual offense as defined in 21 NRS 202.876, a violation of NRS 200.508 or a violation of NRS 22 574.100 that is punishable pursuant to subsection 6 of that section. 23 2. The court may extend the period of probation or suspension 24 of sentence ordered pursuant to subsection 1 for a period of not 25 more than 12 months if such an extension is necessary for the 26 defendant to complete his or her participation in a specialty court 27 program. 28 3. At any time during probation or suspension of sentence, the 29 court may issue a warrant for violating any of the conditions of 30 probation or suspension of sentence and cause the defendant to be 31 arrested. Except for the purpose of giving a dishonorable discharge 32 from probation, and except as otherwise provided in this subsection, 33 the time during which a warrant for violating any of the conditions 34 of probation is in effect is not part of the period of probation. If the 35 warrant is cancelled or probation is reinstated, the court may include 36 any amount of that time as part of the period of probation. 37 4. Any parole and probation officer or any peace officer with 38 power to arrest may arrest a probationer without a warrant, or may 39 deputize any other officer with power to arrest to do so by giving the 40 probationer a written statement setting forth that the probationer has, 41 in the judgment of the parole and probation officer, violated the 42 conditions of probation. Except as otherwise provided in subsection 43 5, the parole and probation officer or the peace officer, after making 44 an arrest, shall present to the detaining authorities, if any, a 45 – 5 – - *AB4* statement of the charges against the probationer. The parole and 1 probation officer shall at once notify the court which granted 2 probation of the arrest and detention or residential confinement of 3 the probationer and shall submit a report in writing showing in what 4 manner the probationer has violated the conditions of probation. 5 5. A parole and probation officer or a peace officer may 6 immediately release from custody without any further proceedings 7 any person the officer arrests without a warrant for violating a 8 condition of probation if the parole and probation officer or peace 9 officer determines that there is no probable cause to believe that the 10 person violated the condition of probation. 11 6. [A] Regardless of whether the period of probation ordered 12 pursuant to subsection 1 is indeterminate or fixed by the court, a 13 person who is sentenced to serve a period of probation for a felony 14 or a gross misdemeanor must be allowed for the period of the 15 probation a deduction of: 16 (a) Ten days from that period for each month the person serves 17 and is current with any fee to defray the costs of his or her 18 supervision charged by the Division of Parole and Probation of the 19 Department of Public Safety pursuant to NRS 213.1076 and with 20 any payment of restitution ordered by the court, including, without 21 limitation, any payment of restitution required pursuant to NRS 22 176A.430. A person shall be deemed to be current with any such fee 23 and payment of restitution for any given month if, during that 24 month, the person makes at least the minimum monthly payment 25 established by the court or, if the court does not establish a 26 minimum monthly payment, by the Division. 27 (b) Except as otherwise provided in subsection 8, 10 days from 28 that period for each month the person serves and is actively involved 29 in employment or enrolled in a program of education, rehabilitation 30 or any other program approved by the Division. 31 7. A person must be allowed a deduction pursuant to paragraph 32 (a) or (b) of subsection 6 regardless of whether the person has 33 satisfied the requirements of the other paragraph and must be 34 allowed a deduction pursuant to paragraphs (a) and (b) of subsection 35 6 if the person has satisfied the requirements of both paragraphs of 36 that subsection. 37 8. A person who is sentenced to serve a period of probation for 38 a felony or a gross misdemeanor and who is a participant in a 39 specialty court program must be allowed a deduction from the 40 period of probation for being actively involved in employment or 41 enrolled in a program of education, rehabilitation or any other 42 program approved by the Division only if the person successfully 43 completes the specialty court program. Such a deduction must not 44 – 6 – - *AB4* exceed the length of time remaining on the person’s period of 1 probation. 2 Sec. 3. NRS 213.1243 is hereby amended to read as follows: 3 213.1243 1. The Board shall establish by regulation a 4 program of lifetime supervision of sex offenders to commence after 5 any period of probation or any term of imprisonment and any period 6 of release on parole. The program must provide for the lifetime 7 supervision of sex offenders by parole and probation officers. 8 2. Lifetime supervision shall be deemed a form of parole for: 9 (a) The limited purposes of the applicability of the provisions of 10 NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and 11 subsection 2 of NRS 213.110; and 12 (b) The purposes of the Interstate Compact for Adult Offender 13 Supervision ratified, enacted and entered into by the State of Nevada 14 pursuant to NRS 213.215. 15 3. Except as otherwise provided in subsection 9, the Board 16 shall require as a condition of lifetime supervision that the sex 17 offender reside at a location only if: 18 (a) The residence has been approved by the parole and probation 19 officer assigned to the person. 20 (b) If the [Text truncated for display. Full text available on Congress.gov.]