AB 510 - Big changes for Nevada sentences
AB 510 is a new law which makes major changes to sentencing in Nevada. The law is 36 pages and addresses a wide variety of issues. Please read it yourself and don't rely on my analysis. My guess is that there are several unanswered questions that will need to be addressed in the next few months. The following are the highlights of the bill:
* Sentencing enhancements will no longer automatically double the sentence for the underlying crime. Judges will have discretion to impose an enhancement between 1 to 20 years, but the enhancement cannot be greater than the maximum term for the underlying crime. Judges shall state on the record that they considered the following in determining the length of the enhancement: facts and circumstances of the crime; criminal history; impact of the crime on any victim; mitigating factors; and other relevant information. (Sections 10 to 18).
* The Parole Board may not consider the fact that a prisoner has appealed from his judgment. (Section 8.3)
* The Parole Board must issue written findings in some circumstances (Section 8.55)
* Good time credits are increased from 10 days per month to 20 days per month (Section 5)
* Educational credits are increased (Section 5)
* Credits are to be applied against the minimum term of imprisonment for offenders who have not been convicted of violent felonies, sexual offenses punishable as a felonies, DUI offenses, or A and B felonies. (Sections 5, 8.3)
* Good time credits are increased from 10 days per month to 20 days per month for parolees with less than a life term if the parolee is current on supervision fees and restitution payments. (Section 6)
* Good time credits of 20 days per month are allowed for offenders on probation. (Section 8.7)
* Credit is allowed for participation in reentry programs (Section 4)
* Credit for drug and alcohol abuse treatment programs is increased from 30 days to 60 days (Section 6.2)
* Credit for vocational education and training programs is increased from 30 days to 60 days (Section 6.4)
* Some standards for residential confinement are relaxed. (Sections 2 an 3)
* Some standardards for eligibility for minimum security prisons are relaxed. (Section 7)
* Some standards for eligibility for reentry court and correctional programs are relaxed. (Sections 7.5 and 8)
* Courts and the Parole Board may require offenders who violate the terms of their probation or parole to serve a sentence of confinement in a facility, for a term of up to 6 months, in association with a term of residential confinement. (Section 8.6, 8.8)
A summary of good time credits, probation credits, sentencing enhancements (including the deadly weapon enhancement) and other provisions are set forth at the jump.
Section 2: Residential Confinement Standards (section 1 was deleted by amendment)
NRS 209.392 is amended to provide that the Director of the Department of Corrections may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director, assign the offender to the custody of the Division of Parole and Probation to serve a term of residential confinement for the remander of his sentence if he has demonstrated a willingness and ability to establish a position of employment in the community or demonstrated a willingness and ability to enroll in a program for education or rehabilitation or demonstrated an ability to pay for the costs of confinement and restitution. The statute previously required the offender to have already established employment or have already enrolled in an education or rehabilitation program.
Section 2 also amends NRS 209.392(3) by changing the criteria for those eligible for residential confinement:
* The amendment deletes the provision that prohibited residential confinement for offenders who are not eligible for parole or release from prison within a reasonable period.
* The amendment changes the provision that prohibited residential confinement for an offender who "has ever been convicted of any crime involving the use or threatened use of force or violence against the victime or a sexual offense" to now prohibit residential confiement for an offender who "has been convicted of any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediate preceding 3 years or a sexual offense that is punishable as a felony or a category A or B felony.
* The amendment elements the eligibility requirement that an offender make an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director.
Section 3: Residential Confinement
NRS 209.429 is amended to provide that the Director of the Department of Corrections shall assign an offender to the custody of the Division of Parole and Probation to serve a term of residential confinement, pursuant to NRS 213.380 for not longer than the remainder of the maximum term of his sentence if the offender has demonstrated a willingness and ability to establish a position of employment in the community or demonstrated a willingness and ability to enroll in a program for education or rehabilitation or demonstrated an ability to pay for the costs of confinement and restitution. The statute previously required the offender to have already established employment or have already enrolled in an education or rehabilitation program. The amendment also deletes the requirement that the offender successfully complete the initial period of treatment required under the program of treatment established pursuant to NRS 209.425 and the requirement that the Director believe that the offender will be able to comply with the terms and conditions of residential confinement and a program of treatment.
Section 4: Credits for participation in program for reentry of offenders
NRS 209.446(3) is amended to provide that the Director may allow not more than 10 days of credit each month for an offender who participates in a dilivent and responsible manner in a program for reentry of offenders and parolees into the community.
Section 5: Good time credits, education credits, and application of credits to the minimum and maximum terms
NRS 209.4465 is amended to provide than an offender who is sentence to prison for a crime committed on or after July 17, 1997, who has no serious infractions of the regularations of the Department, the terms and conditions of his confinement and the laws of the State, and who performs if a faithful, orderly and peaceable manner the duties assigned to him must be allowed a deduction of 20 days from his sentence for each month he serves. The statute previously provided for a deduction of 10 days.
The amendment next provides than an offender is entitled to 60 days credit for a GED, in comparison to 30 days under the previous law, 90 days for earning a high school diploma, in comparison to 60 days under the previous law; and 120 days for earning his first associate degree, in comparison to 90 days under the previous law.
The amendment next provides for credits for participation in a program for reentry of offenders and parolees into the community, as set forth above, and provides that an offender who earns credits pursuant to subsection 4 is eligible to earn 30 days credit each month, as opposed to 20 days credit under the former law.
A significant change to the application of credits is found in NRS 209.4465(8), which provides the following:
Credits earned pursuant to this section by an offender who has not been convicted of:
(a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;
(b) A sexual offense that is punishable as a felony;
(c) A violation of NRS 484.379 (DUI) , 484.3795 (DUI w/ substantial bodily harm) or 484.37955 (vehicular homicide) that is punishable as a felony; or
(d) A category A or B felony,
apply to eligibility for parole and must be deducted from the minimum term imposed by the sentence until the offender
becomes eligible for parole and must be deducted from the maximum term imposed by the sentence.
As set forth below, section 21 of AB 510 provides that the amendment to NRS 209.4465(8), which reduces the minumum term for imprisonment for certain offenders, is retroactive to July 1, 2000 for offenders placed in the custody of the Department of Corrections before July 1, 2007 and who remain in such custody on July 1, 2007. Section 21 also provides that the amendatory provisions of section 5 must be applied retroactively to July 1, 2006, to reduce the maximum term of imprisonment of an offender who was placed on parole before July 1, 2007. Section 21 further provides that the amendatory provisions of section 5 must be applied in the manner set forth in NRS 209.4465 for all offenders in the custody of the Department of Corrections commencing on July 1, 2007, and for all offenders who are on parole commencing on July 1, 2007.
Section 6: Credits while on parole
The amendment provides for 20 days credit each month, in comparison to 10 days under the former law, for parolees with less than a life term if the parolee is current on supervision fees and restitution payments.
Section 6.2: Credits for alcohol or drug treatment programs
NRS 209.448 is amended to provide for 60 days credit, rather than 30 days under the old law, for completion of a program of treatment for the abuse of alcohol or drugs.
As set forth below, in Section 21, the amendatory provisions of section 6.2 apply only to credits earned by an offender on or after July 1, 2007.
Section 6.4: Vocational credits
NRS 209.449 is amended to provide for 60 days credit, rather than 30, from the maximum term of a sentence for the successful completion of a orgram of vocational education and training or other program approved by the Director.
As set forth below, in Section 21, the amendatory provisions of section 6.4 apply only to credits earned by an offender on or after July 1, 2007.
Section 7: Eligibility for Minimum Security Facility
NRS 209.481 is amended to change the eligibility criteria for assignment to a minimum security prison. The statute now prohibits assignment of an offender who has been convicted of a sexual offense to only those sexual offenses that are punishable as felonies. It also prohibits assignment of an offender who has has "within the immediate preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony" in comparison to the former statute which prohibited assignment of an offender who had committed an act of serious violence during the previous year.
Section 7.5: Eligibility for Reentry Court
NRS 209.4886 is amended to change some of the criteria for eligibility in reentry court. Subsection 3(c) is amended to provide that an offender is not eligible if he has within the immediate preceding year been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony. The prior version used a 5 year period. The amendment also limits sexual felonies to those that are punishable as felonies and eliminates the criteria that the offender make a good faith effort to participate in or complete educational or vocational programs.
Section 8: Elgibility for Correctional Program
NRS 209.4888 is amended to change some of the criteria for eligibility in a correctional program. Subsection 3(c) is amended to provide that an offender is not eligible if he has within the immediate preceding year been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony. The prior version used a 5 year period. The amendment also limits sexual felonies to those that are punishable as felonies and eliminates the criteria that the offender make a good faith effort to participate in or complete educational or vocational programs.
Section 8.3: Parole Standards
Subsection 3 now provides that "In determining whether to grant parole to a prisoner, the Board shall not consider whether the prisoner has appealed the judgment of imprisonment for which the prisoner is being considered for parole."
Section 8.5: Application of Credits to Minimum Term
The former version of NRS 213.120 provided that credits earned to reduce a sentence under chapter 208 of NRS were to be applied only to the maximum term of imprisonment and could not be used to reduce the minimum term of imprisonment. The amended version now provides for credits against the minimum sentenced as provided for in NRS 209.4465 (as discussed above).
Section 8.55: Parole Board Proceedings
NRS 213.1215(3) provides that if the Parole Board declines parole because it finds that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the Board shall provide to the prisoner a written statement of its reasons for denying parole.
Section 8.6: Residential Confinement & Prison Time for Violation of Parole
NRS 213.152 is amended to provide that if a parolee violates a condition of parole and the Board elects to order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement, the Board may require the parolee to be confined to a facility of the Department of Corrections approved by the Board for a period not to exceed 6 months.
Section 8.7: Credits For Good Behavior On Probation
NRS 176A.500 is amended to provide a new subsection:
"5. An offender who is sentenced to serve a period of probation for a felony who has no serious infraction of the
regulations of the Division, the terms and conditions of his probation or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period of his probation a deduction of 20 days from that period for each month he serves."
As set forth below, in Section 21, the amendatory provisions of section 8.7 must be applied retroactively to reduce the period of probation of such an offender commencing on July 1, 2006.
Section 8.8 Residential Confinement & Prison Time for Violation of Probation
NRS 176A.660 is amended to provide that if a person on probation violates a condition of probation and the court elects to order him to a term of residential confinement in lieu of revoking his probation and executing the sentence, the court may require the parolee to be confined to a facility of the Department of Corrections approved by the Division of Parole and Probation for a period not to exceed 6 months.
Section 10: Enhancement for felony committed on school property, at a school sponsored activity or on a school bus (section 9 was deleted by amendment):
NRS 193.161 is amended to provide for an enhancement of 1 to 20 years for a felony committed on school property, at a school sponored activity, or on a school bus. In determining the length of the additional penalty, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), in determining the length of the additional penalty. The enhancement prescribed by this section must not exceed the sentence imposed for the crime and runs consecutively with the sentence prescribed by statute for the crime. The former version of the statute provided for a term "equal to and in addition to the term of imprisonment prescribed by statute for the crime."
Section 11: Enhancement for felony committed by adult with assistance of child
NRS 193.162 is amended in the same manner described in Section 10 above.
Section 12: Enhancement for use of handgun containing metal-penetrating bullet in commission of crime
NRS 193.163 is amended in the same manner described in Section 10 above.
Section 13: Enhancement for use of deadly weapon or tear gas in commission of crime.
NRS 193.165 is amended in the same manner described in Section 10 above.
Section 14: Enhancement for felony committed in violation of order for protection or order to restrict conduct:
NRS 193.166 is amended in the same manner described in Section 10 above.
Section 15: Enhancement for certain crimes committed against person 60 years of age or older or against vulnerable person.
NRS 193.167 is amended in the same manner described in Section 10 above for certain designated felony offenses. If the designated offense is a misdemeanor or gross misdemeanor, the defendant shall be sentenced to a consecutive term equal to the term of imprisonment prescribed by statute for the offense.
Section 16: Enhancement for commission of crime because of certain actual or perceived characteristics of victim
NRS 193.1675 is amended in the same manner described in Section 10 above.
Section 17: Enhancement for felony committed to promite activities of criminal gang
NRS 193.168 is amended in the same manner described in Section 10 above.
Section 18: Enhancement for felony committed with the intent to commit, cause, aid, further or coneal act of terrorism
NRS 193.1685 is amended in the same manner described in Section 10 above.
Section 19: technical amendment
NRS 193.169 is amended to change certain subsection numbers.
Section 20: Amendment of AB 508
This section amends AB 508, which concerns a commission charges with studying the State's system of criminal justice and sentences.
Section 21: Effective dates for credits
1. For the purpose of calculating the credits earned by an offender pursuant to NRS 209.4465, the amendatory
provisions of section 5 of this act must be applied:
(a) Retroactively to July 1, 2000, to reduce the minimum term of imprisonment of an offender described in subsection 8 of NRS 209.4465 who was placed in the custody of the Department of Corrections before July 1, 2007, and who remains in such custody on July 1, 2007.
(b) Retroactively to July 1, 2006, to reduce the maximum term of imprisonment of an offender who was placed on parole before July 1, 2007.
(c) In the manner set forth in NRS 209.4465 for all offenders in the custody of the Department of Corrections commencing on July 1, 2007, and for all offenders who are on parole commencing
on July 1, 2007.
2. For the purpose of calculating credits earned by an offender pursuant to NRS 209.448 and 209.449, the amendatory provisions of sections 6.2 and 6.4 of this act apply only to credits earned by an offender on or after July 1, 2007.
3. For the purpose of calculating credits earned by an offender pursuant to NRS 176A.500, the amendatory provisions of section 8.7 of this act must be applied retroactively to reduce the period of probation of such an offender commencing on July 1, 2006.
Section 22: Effective Date
Sections 1 to 20 become effective on July 1, 2007.