The Advisory Commission on the Administration of Justice will hold a significant meeting on Monday, September 22 at 9 a.m. The Carson City meeting will be videoconferenced to Las Vegas at the Grant Sawyer Office Building. Bill draft requests will be the primary topic. The agenda is available here.
Last week an 8th Judicial District Court judge issued a temporary injunction against enforcement in Clark County of the newly enacted Adam Walsh Act, which mandates that sex offenders be classified by their offense, rather than their individual risk factors, for the purposes of registration, notification and other restrictions. A federal judge has not issued an injunction that is operative state-wide.
U.S. District Judge James Mahan said he was concerned that if the law goes into effect today as planned, low-level sex offenders would be incorrectly and publicly identified when their information is posted on the state's sex offender Web sites. They would not be able to regain their anonymity if the law is later found unconstitutional, he said. Those challenging the law argue that the law punishes sex offenders again for crimes they already paid for, is cruel and unusual punishment, and is restrictive. The new law would change the number of Tier 3 sex offenders in Nevada from about 160 to more than 2,500.
Additional argument will be presented on August 26.
The Las Vegas Review Journal and Nevada Appeal report on the ruling.
The Legislature is meeting for a special session today. Although the budget crisis is getting most of the attention of the media and legislators, other matters are also under consideration by the assembly and senate.
For example, under Senate Bill 3, the effective date of section 10.5 of chapter 528, Statutes of Nevada 2007, would be amended to provide for an effective date of July 1, 2009 rather than October 1, 2007. Section 10.5 was enacted last session and provides for notice and an opportunity to be heard to prisoners under consideration for parole.
The Governor's Proclamation lists other matters that may be considered during the special session.
On an almost related note, the Governor is having a pretty rough day. Two of his top aids have quit and he's receiving attention from national press and bloggers concerning his relationship with another woman. Governor Gibbons claims they are just friends and asserts if there is something that "takes the romance out of a friendship it's being there when her child is born. I held her hand when her child was born."
The Nevada Supreme Court now provides a Senior Judge Calendar which lists cases in which senior judges are sitting for district court judges.
The Legislature's Advisory Commission on the Administration of Justice meets this morning at 9:00 a.m. The agenda is available here. Presentations will be made by the Department of Parole and Probation, Board of Parole Commissioners, several public defenders, the Department of Corrections and reports will be made by subcommittees. Audio and video broadcasts are available here.
The Legislative Subcommittee to Study the Benefits, Costs and Feasibility of the Imprementation of Courts of Chancery in Nevada will hold a meeting on Wednesday May 28. Details and the agenda are available here.
Jon Ralson reports that Assemblywoman Francis Allen has been arrested on domestic battery charges for stabbing her husband. The police report is available here.
Allen's Legislative Biography is available here. In the 2007 session, she sat on the Judiciary Committee. My guess is that she prefers her legislative photo to her mug shot.
The Advisory Commission on the Administration of Justice will hold its next meeting on Monday, May 12 at 9:00 a.m. The agenda is available here.
The Advisory Commission on the Administration of Justice will hold its next meeting on Monday, April 14, 2007 at 1:00 p.m. at the High Desert State Prison in Indian Springs. The meeting will be videoconferenced to Carson City and the State Office Building in Las Vegas and may be viewed via the internet at the Legislature's website. The agenda is available here.
The agenda includes discussion of prison populations, budget cuts to the Department of Parole and Probation and the Department of Public Safety, a presentation by the Board of Parole Commissioners concerning budget cuts and the impact of AB 510 (including disclosure of numbers of inmates who are eligible for parole but have not yet received a hearing), reports on activities of subcommittees, and discussion of a presentation by Public Defenders made at the Oct. 30th meeting which addressed a number of different issues.
The Legislature's Advisory Commission on the Administration of Justice's Subcommittee on Juvenile Justice will hold a meeting on Monday, April 7 at 9 a.m. at Room 4401 of the Grant Sawyer Office Building in Las Vegas. The meeting will be videoconferenced to Carson City and Reno and may be viewed live over the internet at the Legislature's website. The agenda is available here.
The Advisory Commission on the Administration of Justice's Subcommittee to Consider Issues Related to a Study of "Truth in Sentencing" will meet on Monday, March 24 at noon in room 3137 of the Legislative Building in Carson City. The meeting will be videoconferences to room 4412 of the Grant Sawyer Office Building in Las Vegas. The agenda is available here.
The Advisory Commission on the Administration of Justicee meets this morning, February 11, at 9:00 a.m. in rrom 4100 of the Legislative Building in Carson City and Room 4401 of the Grant Sawyer Building in Las Vegas. Audio and video live broadcasts are available. The agenda is as follows:
I. Opening Remarks by the Chair
II. Presentation By Dr. James Austin, Council of State Governments Concerning Monthly Prison Population, Parole and Probation Tracking Tools, Sentencing Patterns byGeographic Location of Offenders, and the Arizona Plan for Addressing Sentencing Patterns by Geographic Location
III. Presentation by the Division of Parole and Probation of the Department of Public Safety Concerning the Operation of the Division, including, without limitation:
A. Presentence Investigation Reports, including a Discussion of Federal Release Reports and a New Proposed State Presentence Investigation Report
B. Discussion of Presentence Investigation Recommendation Guidelines
C. Status of the Release of Inmates Who Have Been Granted Parole
IV. Update by the State Board of Parole Commissioners Concerning the Status of Parole
Hearings as Impacted by Assembly Bill No. 510 (2007) and Senate Bill No. 471 (2007)
V. Report on Activities of Subcommittees Appointed by the Advisory Commission:
A. Steering Committee
B. Subcommittee to Consider Issues Related to the Juvenile Justice System
C. Subcommittee to Consider Issues Related to Victims, including the Rights of Victims, Relevant Statistics and Sources of Funding for Victims of Crime in Nevada
VI. Discussion Concerning the Need for a Study to Evaluate the Effectiveness of the 1995 Legislation Which Created "Truth in Sentencing' (Senate Bill No. 416 (1995), Ch. 443,Statutes of Nevada 1995, at p.1167) and the Impact of that Legislation, including, without limitation, the Fiscal Impact
VII. Discussion Concerning the Need for a Study to Evaluate Whether the Sentences Imposed in Criminal Statutes in this State are Proportional to the Crimes Committed
VIII. Presentation by The Honorable Michael A. Cherry, Justice of the Nevada Supreme Court, Concerning the Order of the Nevada Supreme Court In the Matter of the Review of Issues Concerning Representation of Indigent Defendants in Criminal and Juvenile Delinquency Cases Issued on January 4, 2008, ADKT No. 411
(www.nvsupremecourt.us/documents/orders/ADKT411Order.pdf)
IX Public Comment
X Discussion of potential topics for future meetings
XI. Adjournment
The Advisory Commission on the Administration of Justice will meet today at 1:00 p.m. Audio and video coverage is available. The meeting will be held in Carson City and will be videoconferenced to Las Vegas. The agenda is available here.
The Advisory Commission on the Administrative of Justice has scheduled a meeting for Monday, December 10, 2007 at 1:00 p.m. The meeting will be in Room 4100 at the Legislative Building in Carson City and will be videoconferenced to the Grant Sawyer Office Building in room 4401 (555 East Washington, near Cashman Field). Video and audio of the meeting will be available through the Legislature's website. The following items are on the Agenda:
I. Opening Remarks by the Chair
II. Approval of the Minutes of the Meeting of the Commission held on October 30. 2007
III. Presentation Concerning the Monthly Prison Population, Parole and Probation Tracking Tools
Dr. James Austin, Council of State Governments
IV. Presentation Concerning Certification of Juvenile Offenders as Adults and OtherIssues Related to Juvenile Offenders
Susan Roske, Chief Deputy Public Defender, Juvenile Division, Office of the Clark County Public Defender
Ryan Sullivan, Chief Deputy Public Defender, Juvenile Division, Office of the Washoe County Public Defender
V. Update by the State Board of Parole Commissioners Concerning Requests Made by the Board to the Interim Finance Committee and the Status of Parole Hearings as Impacted by Assembly Bill No. 510 (2007) and Senate Bill No. 471 (2007)
VI. Presentation by the Division of Parole and Probation of the Department of Public Safety Concerning the Operation of the Division, including, without limitation:
A. Presentence Investigation Reports
B. Status of the Release of Inmates Who Have Been Granted Parole
C. Availability of Services and Programs to the Division
VII. Presentation by the Alliance of Victims Rights Advocates Concerning their Work
VIII. Public Comment
IX. Discussion Concerning the Writing of the Report by the Advisory Commission on the Administration of Justice for Delivery to the 2009 Legislature
X. Discussion of Potential Topics, Dates and Locations for Future Meetings
XI. Adjournment
The Legislature's Advisory Commission on the Administration of Justice will conduct a hearing on October 30, 2007 at 9:00 a.m. in room 1214 of the Legislative Building in Carson City. It will be videoconferenced to the Grant Sawyer building in Las Vegas, in room 4412.
The Agenda includes the following topics:
IV. Presentation by the Nevada Department of Corrections on Various Issues, including, without limitation:
A. The Inmate Population.
B. The Status of the Computer System.
C. Update on Parole Eligibility and Release of Inmates pursuant to Assembly Bill No. 510 of the 2007 Legislative Session.
V. Presentation by Dr. James F. Austin and the Council of State Governments Concerning the Monthly Prison Population Tracking Tool.
VI. Presentation by Staff of the Fiscal Division of the Legislative Counsel Bureau Concerning Budgets for the Nevada Department of Corrections, the Division of Parole and Probation of the Department of Public Safety and the State Board of Parole Commissioners.
VII. Presentation by the Division of Parole and Probation including, without limitation:
A. The Effects of Assembly Bill No. 510 of the 2007 Legislative Session and the Status of Releases from Probation and Parole.
B. Review of the Attorney General Opinion and Standing Order.
C. The Availability of Court Services.
D. Presentence Investigation Reports.
VIII. Update by the State Board of Parole Commissioners including, without limitation:
A. The Effects of Assembly Bill No. 510.
B. Conference with the Governor and Legislative leadership Concerning Budgetary Needs.
C. Request to the Interim Finance Committee.
IX. Presentation of and Discussion Concerning a Matrix of Crimes and Sentences in Nevada:
A. Review of the Reconfigured Matrix Prepared by Commissioner Art Mallory.
B. Presentation by the Nevada District Attorneys' Association.
C. Presentation by the Public Defenders of Clark County and Washoe County.
X. Public Comment.
XI. Discussion of Potential Topics, Dates and Locations for Future Meetings.
Audio and video of the hearing will be available through the Legislature's website.
As Nevada residents our outreach to Senator Reid is especially important. Please sign the "No Telecom Immunity" petition to Harry Reid. Details are available at Crooks and Liars. The petition is here. The text of the letter is here.
Yesterday the Department of Corrections issued a number of Memorandums to inmates and staff regarding AB 510:
AB 510 section 8 - Changes regarding Casa Grande Criteria
AB 510 sections 6.2 and 64 - Charges regarding Program Credits
AB 510, section 2 - Changes regarding Residential Confinement
AB 510 section 7.5 - Changes regarding Drug or Reentry Court Criteria
AB 510, section 3 - Changes regarding Second Phase DUI Program
AB 510, section 7 - Changes regarding Minimum Custody Criteria
AB 510, sections 6, 8.5 and 21 - Changes regarding Parole Credits
AB 510, sections 5 and 21 - Changes regarding Stat Time and Education Credits.
The next new law to be addressed in this on-going series of posts regarding legislation passed this session is AB 92, which expands the crimes for which a convicted person is required to submit a biological specimen to be used for DNA testing.
AB 92 amends NRS 176.0913 to expand the class of persons subject to DNA testing to all persons convicted of a felony. Under the former version, only those defendants convicted of category A felonies, category B felonies, and category C felonies involving the use or threatened use of force or violence against the victim, were required to provides specimens for testing.
The statute remains unchanged in its requirement for testing of defendants convicted of a crime against a child under NRS 179D.210; a sexual offense as defined in NRS 179D.410; abuse or neglect of an older person or a vulnerable person under NRS 200.5099, a second or subsequent offense for stallking pursuant to NRS 200.575; and an attempt or conspiracy to commit these offenses.
AB 92 also amends the statute to add a new subsection (6), which provides that except as otherwise authorized by federal law or a specific statute, a biological specimen obtained pursuant to this law, the results of testing, any any information identifying a specimen with a person must not be shared with or disclosed to any person other than authorized personnel, except pursuant to a court order or request from a lasw enforcement agency during the course of an investigation. A person who violates this section is guilty of a misdemeanor. NRS 176.0916 is also amended with this provision.
AB 49 amends NRS 6.020 by providing that police offers are not exempt from serve as grand and trial jurors. "Police officer" is defined in NRS 617.135.
The new law also amends NRS 6.030 to provide that the court may at any time temporarily excuse a person from jury duty who provides proof that he is the primary carefiver of another person who has a documented medical condition which requires the assistance of another person at all times.
I don't handle DUI cases, but I'm told by some attorneys who do that SB 277 provides for a great new program for some defendants. I'll do my best to summarize it, but folks practicing in this area should take a look at it themselves. The new law is effective today.
NRS Chapter 484 is amended to provide that an offender who enters a plea of guilty or nolo contendere to a violation of NRS 484.379, that is punishable pursuant to NRS 484.3792(1)(c) [3rd offense DUI, category B felony]may, at the time he enters his plea, apply to the court to undergo a program of treatment or drug abuse for at least 3 years if (a) the offender is diagnosed as an alcoholic or drug abuser by a certified counselor or physician; and (b) the offender agrees to pay the costs of the treatment to the extent of his financial resources. The counsel or physician is to make a report and recommendation regarding the type of treatment required.
After receiving such an application, the prosecutor may, within 10 days of receiving notice of the application, request a hearing. The court may also order a hearing on its own motion. If the court determines that an application for treatment should be granted, the court shall (a) immediately, without entering a judgment of conviction, suspend further proceedings and place him on probation for not more than 5 years upon the condition that the offender shall be accepted for treatment by a treatment facility, shall complete the treatment satisfactorily, and comply with other conditions.
If the defendant does not enroll or does not complete the program, a judgment of conviction shall be entered pursuant to NRS 484.3792(1)(c) [3rd offense, category B felony] and he shall serve a term in accordance with that statute. If he does complete the program, the court will entered a judgment of conviction pursuant to NRS 484.3792(1)(b) [2nd offense, misdemeanor].
To participate in the program, the offender must serve not less than 6 months of residential confinement; install, at his own expense, a device (described in NRS 484.3941) for not less than 12 months; not drive any vehicle unless it is equipped with a device; agree to periodic testing for the use of alcohol or controlled substances while in the program; and agree to other conditions imposed by the court.
An offender may not apply to the court for a treatment program pursuant to this section if he has previously applied to receive treatment pursuant to this section; or if he has previously been convicted of a violation of NRS 484.3795, NRS 484.37955, a homicide resulting from a DUI or driving under the influence of a controlled substance, NRS 484.3792(1)(c), NRS 484.3792(2), or a violation of any other jurisdiction that prohibits the same or similar conduct.
Editorial: Justice delayed. LVRJ 7/2/07
200 New State Laws Take Effect. LVRJ 7/2/07
Morrison: One wonders about the caliber of the advice Erin Kenny provides. LVRJ 7/2/07
School police get more clout to control traffic. LVRJ 7/2/07
Paper: Nevadans live hard, die young. Nevada Appeal 7/1/07
Man sentenced for meth death. LVRJ 7/2/07
Other news of interest:
Number of U.S. prisoners has biggest rise in 6 years. Reuters 6/27/07
Federal Judges Speaks Out Against Mandatory Minimum Sentencing. Legal Times 6/27/07
Sen. Leahy digs in heels on subpoenas over U.S. attorney probe. LATimes 7/2/07
I think one of the big unanswered questions of AB 510 is the following:
Do the amendments concerning sentencing enhancements apply to a case in which the offense occurred prior to July 1, 2007, if the sentencing hearing takes place after July 1, 2007?
Under AB 510, sentencing enhancements no longer automatically double the sentence, but instead allow the district court to select a term of years between 1 and 20 years to be served consecutively to the underlying sentence. The bill provides that it is effective July 1, 2007, but is silent as to whether this date applies to the date of the offense rather than the sentencing date.
Actually, there are four possibilities:
(1) The amendment could apply to all unexpired sentences -- which would require resentencing of all defendants who received an enhanced sentence. This seems highly unlikely.
(2) The amendment could apply to all sentences for which the judgment of conviction is not yet final -- meaning all cases in which the defendant has not yet been sentenced, all cases on direct appeal to the Nevada Supreme Court, and all cases for which the time period for filing a writ of certiorari has not yet expired. This would require resentencing for some defendants.
(3) The amendment could apply to all cases in which the sentencing hearing takes place on or after July 1, 2007.
(4) The amendment could apply to all cases in which the offense occurs on or after July 1, 2007.
Support for option 2 is found in In re Estrada, 408 P.2d 948 (Cal. 1965) (an amendatory statute lessening punishment is presumed to apply in all cases not yet reduced to final judgment as of the amendatory statute's effective date); Litsey v. District Court of Twenty-First Judicial Dist., 565 P.2d 1343 (10th Cir. 1977); and State v. Von Geldern, 638 P.2d 319 (Haw. 1981).
Support for option 3 is found in People v. Floyd, 72 P.3d 820 (Cal. 2003); People v. Grant, 377 N.E.2d 4 (Ill. 1978); State v. Stafford, 129 P.3d 927 (Alas. App. 2006); State v. Tapp, 490 P.2d 334 (Utah 1971); State v. Morris, 954 P.2d 681 (Ida. App. 1998); and Elkins v. State, 659 N.E.2d 563 (Ind. App. 1995).
Support for option 4 is found in State v. Pulliam, 920 So.2d 900 (La. App. 2005).
Nevada law on this subject is sparse. In Sparkman v. State, 95 Nev. 76, 590 P.2d 151 (1979), the Court found that a trial court erred in failing to apply the ameliorative penalty provision in effect at the time the defendant was sentenced, but in that case the Court noted that NRS 453.341 specifically addressed the retroactivity question at issue. In addressing the issue the Court noted both the general rule that the proper penalty is that in effect at the time of the commission of the offense, Tellis v. State, 84 Nev. 587, 445 P.2d 938 (1968), and the rule that laws imposing criminal sanctions require strict construction in favor of the citizen and against the government, United States v. Brown, 333 U.S. 18 (1947).
In Tellis, the Nevada Supreme Court found that the sentencing statute at the time of the offense was applicable based upon the language of NRS 193.130 which provides that a person must be sentenced to a term of imprisonment "within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty." Unlike NRS 193.130, however, the enhancement penalties provided for in Chapter 193 do not contain this same "saving provision." See e.g. NRS 193.165 (deadly weapon enhancement).
Ultimately, the answer to this question is likely to fall on the Nevada Supreme Court's analysis of the legislative intent in enacting AB 510. The sentencing enhancements were added to the bill by the Senate very late in the session. Committee minutes are not yet posted for the Senate Judiciary Committee hearing on AB 510. It will be interesting to see if the Legislature specifically addressed the retroactivity question during the committee hearing. It does not appear that it was addressed during the floor session of the Assembly or Senate. I'm doubtful that the legislative history will provide much insight on this issue.
In the meantime, I think that a valid argument can be raised that defendants who committed offenses prior to July 1, 2007, but who have not yet been sentenced, or who do not have final judgments, are entitled to the benefit of AB 510. I expect that the State will disagree.
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.
Continue reading "AB 510 - Big changes for Nevada sentences" »
Part III (with links to Parts I and II) is available here.
AB 193 - Makes various changes concerning pleas, defenses and verdicts in criminal actions. Effective 10/1/07
SB 575 - Increases salaries of certain state employees. Effective 1/1/08
AB 246 - Makes various changes concerning district judges. Effective 10/1/07, 7/1/08 and 1/5/09
AB 625 - Makes certain changes concerning court programs. Effective 6/13/07 and 7/1/08
SB 248 - Revises provisions concerning the salaries of justices of the Supreme Court and district judges in Nevada. Effective 6/13/07 and 7/1/08
SB 303 - Amends the Chart of the City of Las Vegas concerning the qualifications of municipal court judges prospectively contingent upon voter approval. Effective 10/1/07 and 1/1/09 (contingent on affirmative vote)
SB 570 - Makes an appropriation to the Office of the Director of the Department of Health and Human Services to find a working group to study the methamphetamine problem in Nevada. Effective 6/13/07
SB 380 - Makes various changes concerning defendant who are found to be incompetent. Effective 7/1/07 and 10/1/07
SB 329 - Prohibits a person from allowing a cat or dog to remain unattended in a motor vehicle under certain circumstances. Effective 10/1/07
SB 556 - Makes various changes concerning the judicial system. Effective 10/1/07, 7/1/08, 1/1/09 and 1/3/11
SB 43 - Revises provisions relating to certain traffic offenses. Effective 10/1/07
AB 14 - Makes various changes to provisions concerning graffiti and other damages to property. Effective 10/1/07
AB 579 - Makes certain changes to provisions relating to sex offenders and certain offenders convicted of a crime against a child. Effective 7/1/08
AB 508 - Makes various changes to provisions concerning the Advisory Commission on Sentencing. Effective 7/1/07
AB 148 - Makes various changes relating to methamphetamine and other controlled substances. Effective 8/1/07
AB 510 - Makes various changes pertaining to offenders. Effective 7/1/07
SB 471 - Makes various changes to provisions related to sex offenders, offenders convicted of a crime against a child and other criminal offender. Effective 6/14/07, 7/1/07 and 10/1/07
The Legislature has not yet updated its website with the list of bills signed by the governor in the last few days of the sesssion. If anyone is aware of another reliable source with this information, please contact me. Thanks.
Halverson cooking her own goose? LVSun 6/4/07
Lawyers opt out of judge's courtroom. LVSun 6/4/07
Judge handles tickets just fine. LVRJ 6/4/07
Most issues resolved: Session may be deadline. LVRJ 6/4/07
Editorial: Meanwhile . . . . (on judicial pay increases). LVRJ 6/4/07
New DUI bracelets help save jail space. RGJ 6/4/07
The Senate Finance Committee approved a compromise pay increase for district court judges and Nevada Supreme Court justices. The judges originally asked for increases from $130,000 to $169,000 for district court judges and increases from $140,000 to $182,000 for supreme court justices. Under SB 248, if enacted, district court judges would get $160,000 and justices would get $170,000. Judges must be re-elected to receive the pay increase.
Last October I questioned whether the pay hike would result in fewer retirements as retirement pay is tied to salary for the last 36 months of service. The bottom line under the initial request, assuming that my math and understanding of the retirement system is correct, was that judges would earn $2,400 more per month by postponing their retirements. Under the amended version of SB 248, it appears that judges would earn $1,875 more per month by postponing their retirements for 36 months, or until January 2012.
National news (with the Nevada connection of the firing of US Attorney Dan Bogden):
Raging Caging: what the heck is vote caging, and why should we care. Dahlia Lithwick. Slate 5/31/07
And on a related note, Tim Griffin, Karl Rove's right hand man and new US Attorney for Arkansas, resigned on Thursday hours after the BBC reported that Congressman John Conyers requested the BBC's evidence on Griffin's involvement in voter fraud. Extensive discussion is available at www.gregpalast.com.
The voter fraud or caging issue has not been addressed much in the national media, let alone the Nevada papers so it is currently unclear as to whether voter caging took place during the last election in Nevada, although the Washington Post noted in a recent article that Department of Justice Criminal Division Chief of Staff Benton Campbell identified Nevada "as a problem district" concerning the Republican Party's assertions of voter fraud in association with Bogden's firing.
Other articles for the weekend include the following:
Cleanup deal is in the works. LVRJ 6/2/07
Nevada governor vetoes third bill (concerning expansion of justice court jurisdiction to cattle-rustling cases) Nevada Appeal 6/2/07
Judge: Mack's confession can't be used (based upon Washoe County Dick Gammick's illegal recording of telephone calls and failure to inform Mack that he was represented by counsel). RGJ 6/2/07
Sunday update:
Appeals court orders new trial. LVRJ 6/3/07
Smith: Time and federal patience has run out for Crazy Horse Too owner. LVRJ 6/3/07
Governor signs legislationL Illegal worker bill passes. LVRJ 6/3/07
Senate bill distances sex offenders from children. LVRJ 6/3/07
Late detective (David Mesinar) hailed for cracking of touch cases. LVRJ 6/3/07
Editorial: Important cases remain for court. LVRJ 6/3/07
Nevada lawmakers vote for good-time credits, judicial discretion. Nevada Appeal 6/3/07
Part I is available here.
Part II is available here.
AB 49 - Revises certain provisions concerning jury service. Effective 5/29/07 (the provision exempting police officers from jury service expires on July 1, 2011).
AB 190 - Makes various changes to provisions governing criminal procedure. Effective 7/1/07
AB 421 - Establishes the crime of participating in an organized retail theft ring. Effective 10/1/07
AB 313 - revises provisions governing the tracking, monitoring and revocation of teacher licenses for criminal behavior. Effective 7/1/07
SB 282 - Makes supplemental appropriations to the Department of Corrections for increased costs at various facilities. Effective 5/29/07
SB 389 - Makes various changes to provisions relating to public safety. Effective 10/1/07
AB 323 Revises the amount paid to witnesses for mileage in traveling to and from a proceeding. Effective 7/1/08 (note, the date is not a typo - it really is 2008)
SB 7 - Establishes civil liability for certain acts involving the use of controlled substances and the consumption of alcoholic beverages. Effective 7/1/07
SB 10 - Prohibits certain acts relating to capturing or distributing an image of the private area of another person under certain circusmtances. Effective 10/1/07
SB 293 - Revises provisions governing drivers who are less than 18 years of age. Effective 10/1/07
SB 346 - Makes an appropriation to the Office of the Director of the Department of Health and Human Services to fund a working group to study the methamphetamine problem in Nevada for the current fiscal year. Effective 5/31/07
AB 226 - Makes various changes relating to crimes against older persons. Effective 7/1/07
AB 92 - Revises provisions governing genetic marker testing of certain convicted persons. Effective 10/1/07
SB 534 - Revises provisions governing the jurisdiction of school police officers. Effective 7/1/07
Update:
AB 137 - Revises provisions concerning acts of terrorism. Effective 10/1/07
AB 112- - Makes various changes to provisions governing protective orders. Effective 10/1/07
AB 90 - Creates the crime of paternity fraud. Effective 10/1/07
AB 55 - Makes various changes concerning court reporters. Effective 7/1/07
SB 277 - Authorizes the court to assign certain offenders to a program of treatment for certain offenses.
SB 356 - Revises provisions relating to the protection of children from abuse and neglect. Sections 4 and 5 effective 7/1/07, section 2 effective 10/1/07
AB 322 - Revises certain provisions governing elections. Effective 10/1/07
AB 342 - Makes various changes to the casting of a mailing ballot in mailing precincts. effective 10/1/07
AB 194 - Makes various changes to provisions regarding victims of domestic violence and sexual assault. Effective 10/1/07
Nevada lawmakers vote on many bills. Nevada Appeal 6/1/07
Nevada lawmakers vote for good time credits, judicial discretion. Nevada Appeal 5/31/07
Judiciary Committee: Prison reforms OK'd. LVRJ 6/1/07
Money for prison projects approved. LVRJ 6/1/07
Metro Police know who you are -- or they will eventually. LVSun 6/1/07
Lookin in on: Carson City (includes info. on the release of 55 inmates to foreign countries). LVSun 6/1/07
Juvenile center staffer arrested. LVRJ 6/1/07
Kevorkian out of prison after 8 years. AP 6/1/07
Police chief plans Citizens Patrol: Former posse members volunteer to serve with city. Elko Daily 6/1/07
Judges step up feud, courthouse cringes. LVSun 5/29/07
Campaign aims to help people addicted and affected by methamphetamine. LVRJ 5/29/07
Collection of DNA from all felons wins OK. LVRJ 5/29/07
Lawmakers consider package of criminal justice reforms. LVRJ 5/29/07
LV municipal judge candidates tout experience. LVRJ 5/29/07
Nevada prisons, parole board need oversight, advocates say. LVRJ 5/28/07
SB 30 - Revises the provisions governing the early release of prisoners from county or city jails to relieve overcrowding. Effective 5/21/07.
AB 43 - Requires public utilities in larger counties to provide a list of customers for use in the selection of jurors. Effective 5/21/07
AB 299 - Makes various changes to provisions concerning youth shelters. Effective 7/1/07
AB 556 - Makes supplemental appropriations to the Supreme Court of Nevada for judicial selection and unforeseen expenditures. Effective 5/21/07.
SB 190 - Makes an appropriation to the State Public Works Board to design housing units at institutions within the Department of Corrections. Effective 5/21/07
SB 31 - Makes various changes to provisions governing records of criminal history. Effective 5/22/07.
AB 95 - .Makes various changes concerning the confiscation of firearms during an emergency or disaster
SB 35 - Revises certain provisions relating to admissibility of certain affidavits and declarations in certain proceedings. Effective 5/25/07
Judge's husband has long rap sheet. LVRJ 5/26/07
Unopposed candidates: Judges file to restrict politicking. LVRJ 5/26/07
Nevada legislators OK plan to change selection of judges. Nevada Appeal 5/26/07
Parole Board under scrutiny. LVRJ 5/26/07
Lawmakers in voting frenzy. LVRJ 5/26/07
Nevada prison overcrowding measure advances. Elko Daily 5/26/07
Little League breakfast a success; proceeds stolen. Ely Times 5/26/07
Shoving death nets probation. LVRJ 5/26/07
Alleged murder confession disputed. LVRJ 5/26/07
Amended version of inmate release proposal advances. LVRJ 5/25/07
Panel backs review of prison sentences. LVRJ 5/25/07
Facing deadline, Nevada lawmakers pass dozens of proposals. Nevada Appeal 5/24/07
Judge sued by Spoor. LVRJ 5/25/07
Mack lawyers dispute alleged murder confession. Nevada Appeal 5/25/07
Mack cited self-defense in wife's killing, court papers say. RGJ 5/25/07
Carpenter explains meth position. Elko Daily 5/24/07
Smith: Successful lawyer Gage faces heavy-duty fraud case against him. LVRJ 5/23/07
Medical scheme indictment: Lawyer pleads innocent. LVRJ 5/23/07
Assembly approves amended measure outlawing taping of 'private areas'. LVRJ 5/23/07
Pseudophedrine Products: Anti-meth measure dies. LVRJ 5/23/07
Foes speak out on plan to relieve prison crowding. LVRJ 5/23/07
Senator aims to revive bill on crimes against pregnant women. LVRJ 5/23/07
Terror center's chances shrink. LVSun 5/23/07
Here comes more bad news for identity theft victims. LVSun 5/23/07
Sparks city attorney presses complaint about closed meeting. RGJ 5/23/07
(With apologies to Schoolhouse Rock)
Governor Gibbons has signed a number of bills concerning criminal justice, courts and prisons. The following bills were signed on or before May 18, 2007:
SB 193 - Makes appropriations to State Public Works Board to provide early funding for capital improvement projects at Ely State Prison and Grant Sawyer Office Building. Effective 3/28/07
AB 32 - Revises provisions related to court reporters. Effective 7/1/07
AB 192 - Clarifies provisions concerning the authority to stay the execution of a judgment of death. Effective 4/25/07
AB 30 - Revises certain provisions governing the distribution of proceeds from certain administrative assessments. Effective 7/1/07
AB 100 - Elminates the requirement that a certified court reporter be appointed as a notary public to administer oaths and affirmations. Effective 7/1/07
AB 152 - Exempts tests and examinations requested by a court pursuant to a program of treatment and rehabilitation from certain restrictions. Effective 10/1/07
AB 8 - Makes various changes concerning bail or release after an arrest for driving a vehicle or operating a vessel under the influence of intoxicating liquor or certain other substances. Effective 10/1/07
SB 34 - Makes various changes to provisions concerning protective orders. Effective 7/1/07
AB 37 - Resises provisions relating to the administration of the Department of Corrections. Effective 10/1/07
SB 38 - Revises certain provisions governing the forfeiture of credits earned to reduce the maximum term of imprisonment when a parolee violates a condition of his parole. Effective 5/10/07
AB 106 - Prohibits prisoners in the custody of the Department of Corrections from obtaining or possessing portable telecommunications devices. Effective 5/10/07
AB 58 - Revises provisions governing murder of the first degree. Effective 10/1/07
AB 381 - Revises provisions related to domestic violence. Effective 7/1/07
AB 282 - Makes various changes to provisions concerning domestic violence. Effective 10/1/07
AB 482 - Makes various changes to provisions relating to criminal procedure. Effective 10/1/07
AB 575 - Repeals an obsolete statute relating to county workhouses for indigent persons and homes for the aged. Effective 5/14/07
SB 32- Revises the provisions concerning the detention of certain delinquent children who violate parole. Effective 7/1/07
SB 208 - Makes various changes to provisions governing employees who are summoned to appear for jury duty. Effective 5/17/07
SB 294 - Revises the provision concerning mandatory detention of a child who commits a battery that constitutes domestic violence. Effective 5/17/07
AB 72 - Revises provisions governing the crime of luring a child. Effective 10/1/07
AB 77 - Makes various changes concerning the competency of defendants. Effective 10/1/07
AB 261 - Makes various changes to provisions relating to child abuse and neglect. Effective 7/1/07
AB 306 - Makes various changes to provisions concerning technological crimes. Effective 10/1/07
AB 20 - Revises the provisions pertaining to travel costs that jurors are entitled to receive. Effective 7/1/07
AB 505 - Changes the period for the filing of declarations, acceptances and certificates of candidacy for certain judicial offices. Effective 5/18/07
Panel opens debate over sealing of records. LVRJ 5/22/07
Inmate early release bill becomes law. LVRJ 5/22/07
Smith: All these courthouse favors must stop . . . at least until I get mine. LVRJ 5/22/07
Peck: failure to fund defenders office like to spark lawsuits. LVRJ 5/22/07
Editorial: In search of . . . LVRJ 5/22/07
In hopes of securing new trial, lawyer for death row inmates grills former counsel. RGJ 5/22/07
Woman arrested on charges she used daughter for prostitution. RGJ 5/22/07
And from elsewhere:
Web Sites Listing Informants Concern Justice Dept. NYTimes 5/22/07
Convicted murderer is freed in wake of tainted evidence. NYTimes 5/22/07
Halverson returns to court. LVRJ 5/19/07
Editorial: Big day at the courthouse. LVRJ 5/19/07
Judge Halverson Reveals Illegal Ticket Fixing (includes video). KLAS-TV 5/18/07
District court judges ask for backup, get half a load. LVRJ 5/19/07
Chicago organized crime family: Guilty plea entered in Spilotro hits in '86. LVRJ 5/19/07
Filing: Mack told of killing. RGJ 5/19/07
2007 Legislative Session: Some disputed bills fail deadline LVRJ 5/19/07
Legislative panel approves prison budget. LVRJ 5/19/07
Morrison: Most US Attorneys make so many enemies it hurts their political futures. LVRJ 5/19/07
Also of interest:
Scotusblog provides and analysis of the US Supreme Court and the 2008 Election.
18 Years in Prison? Priceless. How do they figure the payouts for people who were wrongfully convicted? Slate 5/18/07
Nixon Rides Again: It's only illegal when the president agrees it's illegal. Dahlia Lithwick. Slate 5/17/07
Silent Justice Thomas: Not A Word Spoken. Associated Press 5/18/07
Senate panel votes to include all felons in DNA database; bill goes to full Senate. Nevada Appeal 5/17/07
Inmate release prompts dire warnings. LVRJ 5/17/07
Editorial: Jury Instructions. LVRJ 5/17/07
District judge asks justices to settle fight. LVRJ 5/16/07
Nevada legislators endorse compromise on use of grand juries. Nevada Appeal 05/15/07
Indigent defense changes endorsed. LVRJ 5/16/07
Reid says prosecutors not lax on voter fraud. LVRJ 5/16/07
Bogden bewildered by Justice complaint. LVSun 5/16/07
With arrests, police lose Hispanics' trust. LVSun 5/16/07
Gibbons signs into law cell phone-prison bill. RGJ 5/11/07
Unauthorized cell phones in Nevada prisons now a crime. Nevada Appeal 5/10/07
Committee approves $14 million for anti-meth, other drug programs. Nevada Appeal 5/11/07
Attorney pleads not guilty to DUI for councilwoman (Karla Burton, Boulder City). LVRJ 5/11/07
Lawyer uses Web site to relay crucial rulings. LVRJ 5/11/07
Brief escape may mean life term. LVRJ 5/11/07
Lawsuits against police: Judges split of lawyer's status. LVRJ 5/11/07
Grieving dad would punch bailiffs again. LVRJ 5/11/07
Felony case weighed against Boggs. LVSun 5/10/07
State getting not-so-tough on crime. LVSun 5/10/07
Judge, prosecutor oppose bill to keep court records open, LVRJ 5/10/07
Jane Ann Morrison: Boggs taking it on faith as criminal investigation against her advances. LVRJ 5/10/07
FBI says human trafficking not involved in brothel raids. LVRJ 5/10/07
Like, wow, man! Marijuana toker gets her stash back from the law. LVRJ 5/10/07
Malone begins time in prison. LVRJ 5/10/07
Judges, insurers oppose Nevada bill that would open court records. Nevada Appeal. 5/9/07
The Associated Press reports that the Assembly Judiciary Committee voted unanimously for a proposed constitutional amendment that would create an intermediate court of appeals.
Defense attorneys back bill. LVRJ 4/19/07
Defense lawyers, prosecutors clash at legislature. Nevada Appeal 4/19/07
Judges hold off on changes. LVRJ 4/19/07
Focused on video voyeurism. LVRJ 4/19/07
"Outstanding work" in 2005, fired in 2006. Las Vegas Sun 4/19/07
Family violence: the ties that bind. Las Vegas Sun 4/19/07
Monday, April 16
No Assembly Judiciary Committee meeting is scheduled.
Senate Judicary 9:00 a.m.
A.B. 153 Authorizes the appointment of alternate members of the Committee on Industrial Programs. (BDR 16-793)
A.B. 192 Clarifies provisions concerning the authority to stay the execution of a judgment of death. (BDR 14-148)
A.B. 306 Makes various changes to provisions concerning technological crimes. (BDR 14-78)
Public Comment.
Tuesday, April 17
No Assembly Judicary Committee meeting is scheduled
Joint Meeting of the Assembly Committee on Ways and Means and the Senate Committee on Finance 7:30 a.m.
Presentation on Department of Corrections and Division of Parole and Probation
Jim Austin, JFA Associates
Public comment.
Selection Committee on Corrections, Parole and Probation 3:45 p.m.
Presentation
Dr. James F. Austin, JFA Associates
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Possible work session on measures previously considered.
Wednesday, April 18
Assembly Judiciary 8:00 a.m.
S.B. 10 Prohibits certain acts relating to capturing or distributing an image of the private area of another person under certain circumstances. (BDR 15-5)
S.B. 57 Requires the parent of a child who is the victim of a sexual offense to give written consent before the name of the child may be included in a notice provided to a school. (BDR 5-669)
Senate Finance/Assembly Ways & Means Joint Subcommittee on Higher Education and Capital Improvements 8:30 a.m.
see link for projects to be considered - includes $32 million in capital improvements for the Department of Corrections
Senate Judiciary 9:00 a.m.
A.B. 18 Expands the confidentiality provisions pertaining to certain review committees to include certain committees of institutions of the Nevada System of Higher Education. (BDR 4-276)
A.B. 137 Revises provisions concerning acts of terrorism. (BDR 15-934)
A.B. 152 Exempts tests and examinations requested by a court pursuant to a program of treatment and rehabilitation from certain restrictions. (BDR 54-894)
A.B. 364 Revises certain provisions relating to the use of a grand jury. (BDR 14-1303)
Thursday, April 19
Assembly Judiciary Committee 8:00 a.m.
S.B. 34 Makes various changes to provisions concerning protective orders. (BDR 15-656)
S.B. 37 Makes various changes to provisions governing the testimony and evidence of a witness who is granted immunity in a criminal proceeding. (BDR 14-278)
Senate Judiciary 9:00 a.m.
A.B. 30 Revises certain provisions governing the distribution of proceeds from certain administrative assessments. (BDR 14-558)
A.B. 92 Revises provisions governing genetic marker testing of certain convicted persons. (BDR 14-805)
A.B. 112 Makes various changes to provisions governing protective orders. (BDR 3-48)
A.B. 482 Makes various changes to provisions relating to criminal procedure. (BDR 14-516)
Friday, April 20
Senate Judiciary 9:00 a.m.
A.B. 20 (R1) Revises the provisions pertaining to travel costs that jurors are entitled to receive. (BDR 1-323)
A.B. 90 (R1) Creates the crime of paternity fraud. (BDR 15-147)
A.B. 117 (R1) Revises provisions relating to the exclusion of certain persons from divorce proceedings. (BDR 11-217)
Public Comment.
Monday, April 16
No Assembly Judiciary Committee meeting is scheduled.
Senate Judicary 9:00 a.m.
A.B. 153 Authorizes the appointment of alternate members of the Committee on Industrial Programs. (BDR 16-793)
A.B. 192 Clarifies provisions concerning the authority to stay the execution of a judgment of death. (BDR 14-148)
A.B. 306 Makes various changes to provisions concerning technological crimes. (BDR 14-78)
Public Comment.
Tuesday, April 17
No Assembly Judicary Committee meeting is scheduled
Joint Meeting of the Assembly Committee on Ways and Means and the Senate Committee on Finance 7:30 a.m.
Presentation on Department of Corrections and Division of Parole and Probation
Jim Austin, JFA Associates
Public comment.
Selection Committee on Corrections, Parole and Probation 3:45 p.m.
Presentation
Dr. James F. Austin, JFA Associates
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Possible work session on measures previously considered.
Wednesday, April 18
Assembly Judiciary 8:00 a.m.
S.B. 10 Prohibits certain acts relating to capturing or distributing an image of the private area of another person under certain circumstances. (BDR 15-5)
S.B. 57 Requires the parent of a child who is the victim of a sexual offense to give written consent before the name of the child may be included in a notice provided to a school. (BDR 5-669)
Senate Finance/Assembly Ways & Means Joint Subcommittee on Higher Education and Capital Improvements 8:30 a.m.
see link for projects to be considered - includes $32 million in capital improvements for the Department of Corrections
Senate Judiciary 9:00 a.m.
A.B. 18 Expands the confidentiality provisions pertaining to certain review committees to include certain committees of institutions of the Nevada System of Higher Education. (BDR 4-276)
A.B. 137 Revises provisions concerning acts of terrorism. (BDR 15-934)
A.B. 152 Exempts tests and examinations requested by a court pursuant to a program of treatment and rehabilitation from certain restrictions. (BDR 54-894)
A.B. 364 Revises certain provisions relating to the use of a grand jury. (BDR 14-1303)
Thursday, April 19
Assembly Judiciary Committee 8:00 a.m.
S.B. 34 Makes various changes to provisions concerning protective orders. (BDR 15-656)
S.B. 37 Makes various changes to provisions governing the testimony and evidence of a witness who is granted immunity in a criminal proceeding. (BDR 14-278)
Senate Judiciary 9:00 a.m.
A.B. 30 Revises certain provisions governing the distribution of proceeds from certain administrative assessments. (BDR 14-558)
A.B. 92 Revises provisions governing genetic marker testing of certain convicted persons. (BDR 14-805)
A.B. 112 Makes various changes to provisions governing protective orders. (BDR 3-48)
A.B. 482 Makes various changes to provisions relating to criminal procedure. (BDR 14-516)
Friday, April 20
Senate Judiciary 9:00 a.m.
A.B. 20 (R1) Revises the provisions pertaining to travel costs that jurors are entitled to receive. (BDR 1-323)
A.B. 90 (R1) Creates the crime of paternity fraud. (BDR 15-147)
A.B. 117 (R1) Revises provisions relating to the exclusion of certain persons from divorce proceedings. (BDR 11-217)
Public Comment.
Carson City mayor pleads guilty to DUI, must do community service. RGJ 4/13/07
Mayor Teixeira pleads guilty to DUI, Nevada Appeal 4/13/07
Panel revives bill aimed at protecting homeless Nevadans. Nevada Appeal & AP 4/13/07
Paper probe picks up punch. LVSun 4/13/07
Panel OKs amended fetus death bill. LVRJ 4/13/07
Medical marijuana: Activist sent to prison. LVRJ 4/13/07
Concealed weapons bill dies in Senate. LVRJ 4/13/07
Jon Ralston provides copies of correspondence between Governor Gibbons and Chief Justice Maupin concerning the Governor's requests for cuts in the judicial budget. It sounds a bit grim.
Alien inmates to be deported. Nevada Appeal 4/10/07
DNA testing bill passes - LVRJ 4/10/07
Bill would exempt Parole Board from state open meeting law. LVRJ 4/10/07
Malone ready, but prison system not. LVRJ 4/10/07
Election vs. Appointment: Experts dissect judicial selection bill. LVRJ 4/7/07
Bill to limit judges' power to seal records supported. LVRJ 4/7/07
State judicial system under review. LVRJ 4/6/07
High court creates board to study public access. LVRJ 4/5/07
New Nevada appeals court, appointed judges proposed. AP & Nevada Apppeal 4/5/07
State bar pays big for bad lawyers. LV Sun 4/5/07
The Senate Finance Committee agreed Monday to use $30.1 million in state surplus finds to start construction of four prison modular housing units, each capable of housing 240 inmates. The Committtee also approved funding for additional construction at the High Desert State Prison.
Monday, March 26
Senate Finance 8:00 a.m.
S.B. 190 Makes an appropriation to the Department of Corrections to provide modular housing units. (BDR S-1219)
S.B. 191 Makes an appropriation to the Office of the Attorney General to purchase computer hardware and software and projectors. (BDR S-1203)
S.B. 251 Makes appropriations to the State Department of Conservation and Natural Resources for the Division of Water Resources, Division of Forestry, Forestry Conservation Camps and Division of State Parks. (BDR S-1221)
S.B. 282 Makes supplemental appropriations to the Department of Corrections for increased costs at various facilities. (BDR S-1258)
S.B. 336 Makes supplemental appropriations to the State Department of Conservation and Natural Resources. (BDR S-1260)
S.B. 341 Makes supplemental appropriations to the Office of the Attorney General. (BDR S-1243)
S.B. 342 Makes a supplemental appropriation to the High Level Nuclear Waste Project Office to fund nuclear waste litigation. (BDR S-1242)
S.B. 345 Makes an appropriation to the Office of the Attorney General to replenish the balance in the tort claim fund. (BDR S-1204)
A.C.R. 12 Approves the change in scope and the transfer of funds for certain capital improvement projects. (BDR R-1448)
Assembly Judiciary 8:30 a.m.
A.B. 307 Prohibits the use of certain lasers and other light sources to interfere with the operation of an aircraft. (BDR 15-1181)
A.B. 323 Revises the amount paid to witnesses for mileage in traveling to and from a proceeding. (BDR 4-1176)
A.B. 398 Revises provisions concerning justifiable homicide. (BDR 15-1286)
Senate Judiciary 9:30 a.m.
S.B. 291 Revises certain provisions governing civil practice in actions in which plaintiff is a nonresident or foreign corporation. (BDR 2-1309)
S.B. 294 Repeals the provision concerning mandatory detention of a child who commits certain acts pertaining to domestic violence. (BDR 5-958)
S.B. 303 Amends the Charter of the City of North Las Vegas concerning the qualifications of municipal judges. (BDR S-80)
Tuesday, March 27
Assembly Judiciary 7:30 a.m.
A.B. 282 Makes various changes to provisions concerning domestic violence. (BDR 3-105)
A.B. 353 Makes various changes concerning the restoration of parental rights. (BDR 11-851)
A.B. 357 Revises provisions governing tips and gratuities received by employees. (BDR 53-1166)
A.B. 364 Revises certain provisions relating to the use of a grand jury. (BDR 14-1303)
Wednesday, March 28
Assembly Judiciary 8:00 a.m.
A.B. 179 Revises the provisions governing the terms of office of members of the State Gaming Control Board. (BDR 41-104)
A.B. 248 Revises provisions relating to approval of nonrestricted gaming licenses in certain counties. (BDR 41-383)
A.B. 369 Makes various changes to provisions governing the civil commitment of a person found not guilty by reason of insanity. (BDR 14-1155)
Senate Judiciary 9:00 a.m.
S.B. 354 Makes various changes to provisions relating to the safety of children. (BDR 15-1062)
S.B. 380 Makes various changes concerning defendants in criminal actions. (BDR 14-279)
S.B. 435 Authorizes the appointment of masters in justice court under certain circumstances. (BDR 1-1356)
S.B. 438 Authorizes a board of county commissioners to contract with a private entity for the detention of prisoners. (BDR 16-1354)
Thursday, March 29
Assembly Judiciary 8:00 a.m.
A.B. 306 Makes various changes to provisions concerning technological crimes. (BDR 14-78)
A.B. 344 Prohibits intentionally making certain false or misleading statements to activate the Statewide Alert System for the Safe Return of Abducted Children. (BDR 15-1276)
A.B. 359 Revises provisions governing certain statutory liens. (BDR 9-1011)
Assembly Select Committee on Corrections, Parole and Probation 3:45 p.m.
A.B. 377 Makes various changes to certain provisions concerning sex offenders. (BDR 14-186)
Assemblywoman Gansert
A.B. 405 Makes various changes to provisions governing sex offenders. (BDR 14-20)
Assemblyman Ohrenschall
Friday, March 30
Assembly Judiciary 8:00 a.m.
A.B. 370 Revises certain provisions relating to the use of credit cards and debit cards. (BDR 15-1297)
A.B. 371 Makes certain changes to provisions governing foreign business entities. (BDR 7-872)
Work session on measures previously considered.
Monday, March 26
Senate Finance 8:00 a.m.
S.B. 190 Makes an appropriation to the Department of Corrections to provide modular housing units. (BDR S-1219)
S.B. 191 Makes an appropriation to the Office of the Attorney General to purchase computer hardware and software and projectors. (BDR S-1203)
S.B. 251 Makes appropriations to the State Department of Conservation and Natural Resources for the Division of Water Resources, Division of Forestry, Forestry Conservation Camps and Division of State Parks. (BDR S-1221)
S.B. 282 Makes supplemental appropriations to the Department of Corrections for increased costs at various facilities. (BDR S-1258)
S.B. 336 Makes supplemental appropriations to the State Department of Conservation and Natural Resources. (BDR S-1260)
S.B. 341 Makes supplemental appropriations to the Office of the Attorney General. (BDR S-1243)
S.B. 342 Makes a supplemental appropriation to the High Level Nuclear Waste Project Office to fund nuclear waste litigation. (BDR S-1242)
S.B. 345 Makes an appropriation to the Office of the Attorney General to replenish the balance in the tort claim fund. (BDR S-1204)
A.C.R. 12 Approves the change in scope and the transfer of funds for certain capital improvement projects. (BDR R-1448)
Assembly Judiciary 8:30 a.m.
A.B. 307 Prohibits the use of certain lasers and other light sources to interfere with the operation of an aircraft. (BDR 15-1181)
A.B. 323 Revises the amount paid to witnesses for mileage in traveling to and from a proceeding. (BDR 4-1176)
A.B. 398 Revises provisions concerning justifiable homicide. (BDR 15-1286)
Senate Judiciary 9:30 a.m.
S.B. 291 Revises certain provisions governing civil practice in actions in which plaintiff is a nonresident or foreign corporation. (BDR 2-1309)
S.B. 294 Repeals the provision concerning mandatory detention of a child who commits certain acts pertaining to domestic violence. (BDR 5-958)
S.B. 303 Amends the Charter of the City of North Las Vegas concerning the qualifications of municipal judges. (BDR S-80)
Tuesday, March 27
Assembly Judiciary 7:30 a.m.
A.B. 282 Makes various changes to provisions concerning domestic violence. (BDR 3-105)
A.B. 353 Makes various changes concerning the restoration of parental rights. (BDR 11-851)
A.B. 357 Revises provisions governing tips and gratuities received by employees. (BDR 53-1166)
A.B. 364 Revises certain provisions relating to the use of a grand jury. (BDR 14-1303)
Wednesday, March 28
Assembly Judiciary 8:00 a.m.
A.B. 179 Revises the provisions governing the terms of office of members of the State Gaming Control Board. (BDR 41-104)
A.B. 248 Revises provisions relating to approval of nonrestricted gaming licenses in certain counties. (BDR 41-383)
A.B. 369 Makes various changes to provisions governing the civil commitment of a person found not guilty by reason of insanity. (BDR 14-1155)
Senate Judiciary 9:00 a.m.
S.B. 354 Makes various changes to provisions relating to the safety of children. (BDR 15-1062)
S.B. 380 Makes various changes concerning defendants in criminal actions. (BDR 14-279)
S.B. 435 Authorizes the appointment of masters in justice court under certain circumstances. (BDR 1-1356)
S.B. 438 Authorizes a board of county commissioners to contract with a private entity for the detention of prisoners. (BDR 16-1354)
Thursday, March 29
Assembly Judiciary 8:00 a.m.
A.B. 306 Makes various changes to provisions concerning technological crimes. (BDR 14-78)
A.B. 344 Prohibits intentionally making certain false or misleading statements to activate the Statewide Alert System for the Safe Return of Abducted Children. (BDR 15-1276)
A.B. 359 Revises provisions governing certain statutory liens. (BDR 9-1011)
Assembly Select Committee on Corrections, Parole and Probation 3:45 p.m.
A.B. 377 Makes various changes to certain provisions concerning sex offenders. (BDR 14-186)
Assemblywoman Gansert
A.B. 405 Makes various changes to provisions governing sex offenders. (BDR 14-20)
Assemblyman Ohrenschall
Friday, March 30
Assembly Judiciary 8:00 a.m.
A.B. 370 Revises certain provisions relating to the use of credit cards and debit cards. (BDR 15-1297)
A.B. 371 Makes certain changes to provisions governing foreign business entities. (BDR 7-872)
Work session on measures previously considered.
Monday was the deadline for introduction of new bills by individual legislators. Bills filed shortly before the deadline include the following:
Assembly Bills
AB323 Revises the amount paid to witnesses for mileage in traveling to and from a proceeding.
AB337 Revises provisions governing collective bargaining between local government employers and employee organizations.
AB352 Prohibits the issuance of certain work cards to persons who have been convicted of certain crimes.
AB361 Providing for the establishment of certain standards for state correctional institutions and facilities.
AB364 Revises certain provisions relating to the use of a grand jury.
AB369 Makes various changes to provisions governing the civil commitment of a person found not guilty by reason of insanity
AB377 Makes various changes to certain provisions concerning sex offenders.
AB 381 Revises provisions related to domestic violence.
AB389 Revises provisions governing the policies of school districts relating to criminal gang activity.
AB398 Revises provisions concerning justifiable homicide.
AB405 Makes various changes to provisions governing sex offenders.
AB416 Makes various changes to provisions concerning the Department of Corrections.
AB418 Makes various changes relating to unarmed combat.
AB421 Establishes the crime of participating in an organized retail theft ring.
AB436 Makes various changes concerning conducting a coroner's inquest.
AB482 Makes various changes to provisions relating to criminal procedure.
Senate Bills
SB294 Repeals the provision concerning mandatory detention of a child who commits certain acts pertaining to domestic violence.
SB299 Establishes provisions relating to crimes against unborn children.
SB303 Amends the Charter of the City of North Las Vegas concerning the qualifications of municipal judges.
SB329 Prohibits certain activities relating to the transportation and possession of animals in motor vehicles.
SB330 Changes the name of the Southern Nevada Women's Correctional Facility
SB333 Makes an appropriation to the Office of Court Administrator for construction of a new courthouse for White Pine County.
SB346 Makes an appropriation to the Office of the Governor to fund a working group to study the methamphetamine problem in Nevada.
SB380 Makes various changes concerning defendants in criminal actions.
SB406 Makes an appropriation to Lyon County for the construction of a regional juvenile services facility in Silver Springs.
SB421 Makes various changes relating to facilities for transitional living for released offenders
SB430 Authorizes the Director of the Legislative Counsel Bureau to include the sale of souvenir wine in the Legislative Gift Shop
Killer gets death penalty (James Chappell), LVRJ 3/22/07
Highly contagious: Jail invaded by virus, LVRJ 3/22/07
Clark County judges costly, LVRJ 3/22/07
Judges take their shot, bump in paychecks hinges on some speedy finessing. LVSun 3/22/07
Top prosecutor trying mall case, LVRJ 3/22/07
Candidate qualifications: Sheriff credentials at issue, LVRJ 3/22/07
Bogden deputy at first refused to take over office, LVRJ 3/22/07
Jury convicts man of murder despite absence of body, RGJ 3/22/07
Taking cash power out of the judiciary. LVSun 3/20/07
Lawmakers submit bills as deadline arrives at Legislature. LVRJ 3/20/07
Anti-meth proposals lead legislative agenda. LVRJ 3/18/07
Nevada lawmakers hear bills meant to stop methamphetamine labs. Nevada Appeal & AP 3/19/07
Nevada lawmakers hear funding pleas from school, prison systems. AP & Nevada Appeal 3/20/07
When prisons, politics mix. LVRJ 3/17/07
Governor taps two for judgeships. LVRJ 3/20/07
Bogden may get new job with Justice Department. LVRJ 3/20/07
Rookie judge under criticism for mistakes. LVRJ 3/19/07
Erin Neff: City voters, beware. LVRJ 3/20/07
Gun store owner expected to get probation in DUI case. LVRJ 3/19/07
Woman gets 12 life terms in Reno hotel fire that killed 12. LVRJ 3/17/07
Judge orders FBI to return property. LVRJ 3/20/07
Judges says FBI raid in eTreppid case went too far. RGJ 3/20/07
Rural Nevada judge moves trial of dangerous convict. Nevada Appeal & AP 3/19/07
District court judge moves convict's trial. RGJ 3/20/07
Monday, March 19
Assembly Committee on Health & Human Services 1:30 pm
A.B. 150 Makes various changes pertaining to methamphetamine and other controlled substances.
A.B. 148 Enacts provisions governing the sale of products containing materials that are used in the manufacture of methamphetamine and other controlled substances.
A.B. 149 Makes an appropriation to the Division of Mental Health and Developmental Services in the Department of Health and Human Services for the prevention of the abuse of methamphetamine.
Tuesday, March 20, 2007
Assembly Judiciary 8:00 a.m.
A.B. 152 Exempts tests and examinations requested by a court pursuant to a program of treatment and rehabilitation from certain restrictions.
A.B. 192 Clarifies provisions concerning the authority to stay the execution of a judgment of death.
A.B. 193 Makes various changes concerning pleas, defenses and verdicts in criminal actions.
Assembly Select Committee on Corrections, Parole and Probation
Receive comments and recommendations related to drug courts and mental health courts.
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Wednesday, March 21, 2007
Assembly Judiciary 8:00 a.m.
A.B. 87 Revises certain provisions governing persons who are required to report the abuse, neglect, exploitation or isolation of older persons and vulnerable persons.
A.B. 246 Increases the number of district judges in the Second and Eighth Judicial Districts.
S.B. 66 Increases the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees.
Thursday, March 22, 2007
Assembly Judiciary 8:00 a.m.
A.B. 194 Makes various changes to provisions regarding victims of domestic violence and sexual assault.
A.B. 226 Establishes teams specializing in the investigation and prosecution of crimes against older persons.
A.B. 268 Makes various changes relating to permits to carry a concealed firearm.
Senate Judiciary 9:00 a.m.
WORK SESSION
S.B. 14 Provides that a minor who possesses tobacco products or falsely represents his age to obtain tobacco products is subject to the jurisdiction of the juvenile court as a child in need of supervision.
S.B. 30 Revises the provisions governing the early release of prisoners from county or city jails to relieve overcrowding.
S.B. 33 Requires the manager of a gated community to provide to parole and probation officers the code or device which allows entry to the community.
S.B. 36 Authorizes the board of county commissioners to include longevity pay in the compensation of justices of the peace.
S.B. 45 Provides for the imposition of an administrative assessment on a person convicted of driving while under the influence of intoxicating liquor or a controlled substance.
S.B. 129 Makes various changes to provisions relating to guardianships.
S.B. 131 Makes various changes regarding certain court fees charged and collected by county clerks.
S.B. 132 Makes various changes concerning the liability of trailbuilding organizations and landowners, lessees and occupants of land to persons using premises for recreational activities.
S.B. 133 Enacts provisions pertaining to civil actions involving liquefied petroleum gas.
Assembly Select Committee on Corrections, Parole and Probation 3:45 p.m.
A.B. 61 Makes various changes concerning meetings of the State Board of Parole Commissioners.
A.B. 62 Makes various changes concerning parole.
A.B. 61 and A.B. 62 are the result of ACR 17 of the 73rd Session.
Friday, March 23, 2007
Assembly Judiciary Committee 8:00 a.m.
Work session on measures previously considered.
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
It may not be thumbscrews, but tagger penalties in works. Las Vegas Sun 3/16/07
The Senate Judiciary committee heard testimony on SB 232, which would required some sex offenders who are released from prison to live at least 2,000 feet away from schools, arcades, school bus stops, day care facilities or amusement parks.
Assembly Bills
AB 281 - Revises provisions governing crimes involving certain controlled substances and other related substances. Introduced by Assemblyman Goicoechea.
AB 282 - Makes various changes to provisions concerning domestic violence. Introduced by Assemblypersons Leslie, Anderson, Atkinson, Bobzien, Horne, Kirkpatrick, McClain, Ohrenshall, Pierce & Smith
AB 300 - Revises provisions governing the additional penalty for the use of certain weapons in the commission of a crime. Introduced by Assemblyman Segerblom.
AB 301 - revises the qualifications for the office of county sheriff. Introduced by Assemblywoman Leslie + 20 others and Senator Wienter & 3 others.
AB 306 - Makes various changes to provisions concerning technological crimes. Introduced by the Committee on the Judiciary, on behalf of the Nevada Cyber Crime Task Force.
AB 314 - Makes an appropriation to the Las Vegas-Clark County Urban League for a prisoner reentry program. Introduced by Ways and Means.
Senate Bills
SB 248 - Revises provisions concerning the salaries of the justices of the Supreme Court and district judges in Nevada. Introduced by the Finance Committee on behalf of the Nevada Supreme Court.
SB 249 - Revises provisions relating to the financial support of regional facilities for the detention of children. Introduced by the Committee on Finance on behalf of the Nevada Supreme Court.
SB 259 - Makes persons who violate certain provisions of federal law subject to remedies and penalties set forth in state law. Introduced by Senator Amodei.
SB 277 - Authorizes the court to assign certain offenders to a program of treatment for certain offenses. Introduced by Senators Wiener, Amodei, Care, Horsford, McGinness and Washington.
SB 282 - Makes supplemental appropriation to the Department of Corrections for increased costs at various facilities. Introduced by the Finance Committee.
Nevada lawmakers vote for tougher traffic enforcement - Nevada Appeal 3/14/07
Nevada lawmakers will reconsider bill on early prisoner releases. Nevada Appeal 3/14/07
The Assembly Judiciary Committee heard testimony today from Washoe County juges and District Attorney Richard Gammick on AB 191, which would prohibit the carrying of a concealed firearm in a courthouse, court facility or any public building occupied by a court without special permission from the chief judge. The judges want the bill while the prosecutors want the right to have their weapons in their possession in their offices.
With a 4-3 vote, the Senate Judiciary Committee killed SB 30 which would have changed existing law to allow judges to authorize police or sheriffs to release low-risk jail inmates when the number of prisoners exceeds the number of beds available.
Several new bills were introduced last week.
Assembly
AB 226 - Establishes teams specializing in the investigation and prosecution of crimes against older person. Introduced by Assemblywoman McClain + 22 others
AB 230 - Revises certain provisions relating to the jurisdiction of justice courts. Introduced by the Judiciary Committee.
AB 237 - Makes various changes to provisions governing the admissibility into evidence of certain statements made by certain young children. Introduced by the Judiciary Committee.
AB 240 - Provides for the impoundment of motor vehicles in certain situations. Introduced by Assemblyperson Koivisto + 17 others
AB 246 - Increases the number of district judges in the Second and Eighth Judicial Districts. Introduced on behalf of the Nevada Supreme Court.
Senate
SB 131 - Makes various changes regarding certain court fees charged and collected by county clerks. Introduced by the Judiciary Committee.
SB 155 - Makes various changes to provisions pertaining to the prosecution of identity theft. Introduced by Senators Hardy, Heck and Lee.
SB 165 - Revises provisions governing the use of interpreters in judicial proceedings for persons with certain disabilities. Introduced on behalf of the Nevada Supreme Court.
SB 190 - Makes an appropriation to the Department of Corrections to provide modular housing units. Introduced on behalf of the Department of Administration.
SB 208 - Makes various changes to provisions governing employees who are summoned to appear for jury duty. Introduced on behalf of the Nevada Supreme Court.
SB 216 - Allows certain convicted persons to make a monetary donation to a charitable organization in lieu of performing community service. Introduced by Senator McGinness.
SB 232 - Makes various changes to the provisions governing sex offenders. Introduced by Senators Titus, Raggio + 10 others
Monday, March 12
No Assembly Judiciary meeting is scheduled.
Senate Judiciary 9:30 a.m.
WORK SESSION
S.B. 14 Provides that a minor who possesses tobacco products or falsely represents his age to obtain tobacco products is subject to the jurisdiction of the juvenile court as a child in need of supervision. (BDR 5-76)
S.B. 16 Revises the provisions pertaining to the deposit of money with a court in an action in eminent domain. (BDR 3-121)
S.B. 30 Revises the provisions governing the early release of prisoners from county or city jails to relieve overcrowding. (BDR 16-362)
S.B. 33 Requires the manager of a gated community to provide to parole and probation officers the code or device which allows entry to the community. (BDR 16-560)
S.B. 37 Makes various changes to provisions governing the testimony and evidence of a witness who is granted immunity in a criminal proceeding. (BDR 14-278)
S.B. 77 Amends the Uniform Interstate Family Support Act. (BDR 11-755)
S.B. 89 Makes various changes concerning legal representation of state agencies, officers and employees. (BDR 3-1)
S.B. 93 Revises the provisions governing the crime of grand larceny of a motor vehicle and an offense involving a stolen vehicle. (BDR 15-697)
S.B. 103 Adopts the Uniform Unclaimed Property Act. (BDR 10-718)
S.B. 129 Makes various changes to provisions relating to guardianships. (BDR 13-1109)
S.B. 130 Repeals the prospective expiration of the provision relating to the use and sale of certain property acquired by a governmental entity through eminent domain. (BDR S-588)
S.B. 133 Enacts provisions pertaining to civil actions involving liquefied petroleum gas. (BDR 3-77)
Public Comment.
Tuesday, March 13
Assembly Judiciary 8:00 a.m.
A.B. 191 Prohibits a permittee from carrying a concealed firearm in a courthouse, court facility or public building partially occupied by a court without proper authorization. (BDR 15-648)
A.B. 230 Revises certain provisions relating to the jurisdiction of justice courts. (BDR 1-519)
A.B. 237 Makes various changes to provisions governing the admissibility into evidence of certain statements made by certain young children. (BDR 4-1180)
Wednesday, March 14
Assembly Judiciary 8:00 a.m.
A.B. 190 Makes various changes to provisions governing criminal procedure. (BDR 14-655)
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Public comment, testimony may be limited.
Work session on measures previously considered.
Senate Judiciary 9:00 a.m.
S.B. 131 Makes various changes regarding certain court fees charged and collected by county clerks. (BDR 2-385)
S.B. 208 Makes various changes to provisions governing employees who are summoned to appear for jury duty. (BDR 1-660)
Thursday, March 15
Assembly Judiciary 8:00 a.m.
A.B. 159 Prohibits certain demonstrations at a funeral, memorial service or ceremony. (BDR 15-832)
A.B. 180 Increases the amount of community service required for placing graffiti on or otherwise defacing property. (BDR 15-467)
A.B. 227 Revises the provisions governing the posting of warnings against trespassing. (BDR 15-702)
Select Committee on Corrections, Parole and Probation 3:45 p.m.
Receive comments and recommendations related to drug courts and mental health courts.
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Possible committee BDR introductions.
Public comment, testimony may be limited.
Friday, March 16
Senate Finance/Assembly Ways and Means Joint Subcommittee on Public Safety/Natural Resources/Transportation 8:00 a.m.
BUDGET HEARINGS
VOLUME III
Executive Budget Page
DEPARTMENT OF CORRECTIONS
Ely State Prison, 101-3751
CORRECTIONS-27
High Desert State Prison, 101-3762
32
Northern Nevada Correctional Center, 101-3717
38
Nevada State Prison, 101-3718
45
Southern Desert Correctional Center, 101-3738
51
Lovelock Correctional center, 101-3759
57
Southern Nevada Correctional Center, 101-3715
63
Warm Springs Correctional Center, 101-3716
69
Southern Nevada Women's Correctional Center, 101-3761
74
Casa Grande Transitional Housing, 101-3760
80
Indian Springs Conservation Camp, 101-3725
98
Humboldt Conservation Camp, 101-3741
108
Jean Conservation Camp, 101-3748
118
Offenders Store Fund, 240-3708
138
Inmate Welfare Account, 240-3763
146
Howard Skolnik, Director
Public comment.
For those who missed Chief Justice Maupin's State of the Judiciary speech to the Nevada Legislature on Wednesday, the text of the speech is available in pdf format.
Justice Says Crowded Prisons, Courts Should Be Priorities. LVRJ 3/8/07
Editorial: An Air Ball on Judicial Pay. LVRJ 3/9/07
Beers Flags Pay Proposal for Courts, LVRJ 3/8/07
Lawmakers consider appointing Nevada Judges. AP & RGJ 3/9/07
Meth Bill Decried by Public Defenders. LVRJ 3/8/07
The Assembly Judiciary Committee considered AB 82 yesterday. The bill would add enhancements for people who commit hate crimes against the homeless. The bill would also add hate crimes against the homeless to the list of aggravating circumstances that the State may allege in seeking the death penalty.
The Assembly Committee on Commerce and Labor approved a bill which would allow the Clark County Jury Commissioner access to utility company lists to broaden jury pools.
This is a great bill and could do much for enhancement of jury diversity. It must pass the full Assembly and Senate before it become law.
Monday, March 5
Assembly Judiciary 9:00 a.m.
A.B. 83 Revises provisions governing criminal and civil liability for crimes motivated by the actual or perceived status of the victim as a homeless person. (BDR 15-533)
A.B. 136 Provides for the recovery of certain fees and expenses for the settlement or administration of small estates. (BDR 12-373)
Committee on Commerce and Labor 1:30 p.m.
A.B. 178 Revises provisions relating to net metering and energy. (BDR 58-1054)
A.B. 186 Revises various provisions relating to energy. (BDR 58-784)
A.B. 215 Limits interstate banking by certain entities that open branch offices in this State pursuant to certain statutory provisions. (BDR 55-1125)
Committee BDR introductions.
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Work session scheduled on previously heard measures including:
A.B. 43 Requires public utilities in larger counties to provide a list of customers for use in the selection of jurors. (BDR 58-651)
Tuesday March 6
Assembly Judiciary 8:00 a.m.
Work session scheduled on any previously heard measures which may include the following
A.B. 14 Makes various changes to provisions concerning graffiti and other damage to property. (BDR 15-387)
A.B. 20 Revises the provisions pertaining to travel costs that jurors are entitled to receive. (BDR 1-323)
A.B. 25 Makes various changes to provisions governing business associations. (BDR 7-544)
A.B. 32 Revises provisions related to court reporters. (BDR 54-571)
A.B. 49 Exempts certain persons from jury service. (BDR 1-145)
Committee on Government Affairs 9:00 a.m.
A.B. 220 Revises certain duties of the Secretary of State. (BDR 18-545)
A.B. 221 Authorizes a board of county commissioners, under certain circumstances, to provide a civil penalty in lieu of a criminal penalty for the violation of certain ordinances. (BDR 20-354)
Senate Judiciary 9:00 a.m.
S.B. 155 Makes various changes to provisions pertaining to the prosecution of identity theft. (BDR 14-1008)
S.B. 168 Enacts the Uniform Assignment of Rents Act. (BDR 9-972)
S.B. 177 Enacts the Uniform Foreign-Country Money Judgments Recognition Act. (BDR 2-963)
A.B. 26 Revises certain provisions governing the filing of certain organizing documents for corporations and other business entities. (BDR 7-549)
Committee on Legislative Operations and Elections 1:30 p.m.
S.B. 170 Creates the Legislative Committee on Child Welfare and Juvenile Justice and the Legislative Committee on Senior Citizens and Veterans. (BDR 17-310)
Senate Committee on Transportation and Homeland Security 3:30 p.m.
S.B. 41 Revises provisions governing an ignition interlock device upon conviction for driving under the influence of intoxicating liquor or a controlled substance. (BDR 43-267)
S.B. 128 Requires the Department of Transportation to fix a reduced maximum weight limit for vehicles traveling on certain highways. (BDR 43-211)
A.B. 51 Revises provisions pertaining to the disclosure of certain information regarding an applicant for a position as a firefighter with a fire-fighting agency. (BDR 19-247)
Wednesday, March 7
Assembly Judiciary 8:00 a.m.
A.B. 116 Revises provisions governing crimes involving certain controlled substances and other related substances. (BDR 40-420)
A.B. 127 Revises provisions relating to interception of wire communications. (BDR 15-1049)
Senate Finance/Assembly Ways and Means Joint Subcommittee on General Government 8:00 a.m.
BUDGET HEARINGS
VOLUME I
Executive Budget Page
JUDICIAL BRANCH
Supreme Court, 101-1494
Courts-1
District Judges' Salary, 101-1490
17
District Judge/Surviving Spouse Retirement, 101-1491
20
Senior Justice & Senior Judge Program, 101-1496
21
Specialty Court, 101-1495
26
Law Library, 101-2889
30
Judicial Travel and Support, 101-1493
35
Administrative Office of the Courts, 101-1483
42
Division of Planning & Analysis, 101-1484
48
Uniform System of Judicial Records, 101-1486
58
Judicial Education, 101-1487
66
The Honorable A. William Maupin, Chief Justice
Public comment.
Thursday, March 8
Senate Judiciary 9:00 a.m.
S.J.R. 2 Proposes to amend the Nevada Constitution to revise provisions relating to the selection of justices and judges. (BDR C-177)
S.B. 148 Revising certain provisions of the Uniform Principal and Income Act (1997) governing disbursements made from principal and income. (BDR 13-903)
S.B. 174 Provides that an expression of apology or regret made by or on behalf of a provider of health care is inadmissible in any civil or administrative proceeding brought against the provider of health care based upon alleged professional negligence. (BDR 4-794)
Assembly Committee on Transportation 1:30 p.m.
A.B. 141 Makes various changes to provisions concerning vehicles and vehicle parts with altered or missing identification numbers or marks. (BDR 43-409)
A.B. 154 Revises provisions governing transportation of pupils by private schools. (BDR 58-1190)
A.B. 214 Makes various changes to provisions governing the removal of certain vehicles that are parked in an unauthorized manner. (BDR 43-713)
Friday, March 9
Assembly Judiciary 8:00 a.m.
A.B. 63 Revises provisions governing the additional penalty for the use of certain weapons in the commission of crime. (BDR 15-151)
A.B. 137 Revises provisions concerning acts of terrorism. (BDR 15-934)
The Associated Press reports that Nevada Supreme Court Justice James Hardesty is meeting with prison, parole and pardons board officials to devise a plan to deport inmates held in Nevada prisons who were in the United States illegally when they committed their crimes.
AB 149 - Makes an appropriation to the Division of Mental Health et. al. for the prevention of the abuse of methamphetamine. Introduced by Assemblywoman Leslie + 16 others
AB 150 - Makes various changes pertaining to methamphetamine and other controlled substances. Introduced by Assemblyman Anderson + 55 others
AB 164 - Makes various changes to certain provisions pertaining to persons who are released from incarceration. Introduced by Assemblywoman Weber
AB 166 - Makes various changes to provisions governing administrative assessments. Introduced on behalf of the Nevada Supreme Court.
AB 180 - Increases the amount of community service required for placing graffiti on or otherwise defacing property. Introduced by the Judiciary Committee.
AB 190 - Makes various changes to provisions governing criminal procedure. Introduced by the Judiciary Committee.
AB 191 - Prohibits a permittee from carrying a concealed firearm in a courthouse, court facility or public building partially occupied by a court without proper authorization. Introduced by the Judiciary Commitee
AB 192- Clarifies provisions concerning the authority to stay the execution of a judgment of death. Introduced by the Judiciary Committee.
AB 193 - Makes various changes concerning pleas, defenses and verdicts in criminal actions. Introduced by the Judiciary Committee.
AB 194 - Makes various changes to provisions regarding victims of domestic violence and secual assault. Introduced by Assemblyman Horne + 26 others
AB 221 - Authorizes a board of county commissioners, under certain circumstances, to provide a civil penalty in lieu of a criminal penalty for the violation of certain ordinances. Introduced by the Government Affairs Committee.
Lawmakers urged to scrap Nevada prison expansion plans - AP & Nevada Appeal 2/27/07
Nevada legislators debate bill to allow stoplight cameras. AP & Nevada Appeal 2/27/07
Bill would require all Nevada felons provide DNA sample. AP & Nevada Appeal 2/27/07
Critics challenge proposal on seat belts. Reno Gazette Journal 2/28/07
The Senate Judiciary Committee is considering a bill which would prohibit judges from granting probation or suspending a sentence of a defendant convicted a second time for grand theft auto.
Legislation takes aim at Internet predators. Las Vegas Review Journal 2/23/07
Prosecution of predators on Internet could ease. Reno Gazette Journal 2/23/07
Cold medicines would be prescription-only under bill. AP & Las Vegas Review Journal 2/23/07
State Senate committee advances bill outlawing video voyeurism. Las Vegas Review Journal 2/23/07
Lawmakers hear proposals to slow Nevada prison growth. AP & Reno Gazette Journal 2/23/07
Lawmakers hear pitch for probation. Las Vegas Review Journal 2/23/07
Bill aims to stop stalling over open records requests. Las Vegas Review Journal and AP 2/23/07
Assembly Committee on Ways and Means and the Senate Committee on Finance
Volume III
Executive
Budget Page
Capital Improvement Program Detail by Project
Appendices 7, 8, 9,10 & 11
Project No.
Project Description
Cost
07-C03
So. Nevada Women's Correctional Center Expansion (05-P05)
$66,965,003
07-C04
High Desert State Prison Phase V
$53,428,807
07-C05
Indian Springs Correctional Center/Work Camp (05-P28)
$57,164,223
O7-C07
Stewart Conservation Camp #2
$69,943,920
07-M01
Ely State Prison HVAC Repairs to Evaporative Media
$2,281,317
07-M09
Lovelock Correctional Center Replace Air Handler Control Valves
$438,197
07-M10
So. Desert CC Templifier, Heat Pump, Water Heater Replacements
$3,133,723
07-M14
Northern Nevada CC Water Heater, Pump & Boiler Replacements
$893,376
07-M15
Northern Nevada CC HVAC Equipment Replacements
$3,907,600
07-M16
Lovelock Correctional Center Water Heater Replacements
$735,018
07-M17
Warm Springs CC Rooftop HVAC Unit Replacement
$565,325
07-M19
Warm Springs Correctional Center Temperature Controls Upgrade
$480,551
07-M26
High Desert State Prison Electrical Surge Protection Upgrade
$664,445
07-M37
High Desert State Prison Erosion Remediation (05-P03)
$2,737,564
07-M48
Surveillance and Cameras NNCC and NSP
$4,563,935
07-P02
Silver Springs CC Arsenic Reduction in Domestic Water-Planning
$ 475,959
07-P03
Prison 8 – Planning
$8,342,783
07-P07
Planning for Two Additional Housing Units at SDCC
$710,490
07-P29
Jean Conservation Camp No. 2 Advance Planning
$857,867
07-P30
Plan Adding 1 New Housing Unit to NNCC
$926,827
TOTAL DEPARTMENT OF CORRECTIONS
$279,216,930
Gustavo Nunez, State Public Works Board Interim Manager
Howard Skolnik, Director, Department of Corrections
Assembly Judiciary 8:00 a.m.
Presentation
Nevada Kids Count
Dr. Keith Schwer, Center for Business and Economic Research University of Nevada, Las Vegas
A.B. 90 Creates the crime of paternity fraud. (BDR 15-147)
A.B. 100 Eliminates the requirement that a certified court reporter be appointed as a notary public to administer oaths and affirmations. (BDR 54-572)
A.B. 107 Revises the provisions governing the possession of weapons at certain locations. (BDR 15-764)
Assembly Judiciary 8:00 a.m.
A.B. 92 Revises provisions governing genetic marker testing of certain convicted persons. (BDR 14-805)
A.B. 99 Makes various changes concerning genetic marker testing of certain persons. (BDR 14-288)
Senate Judiciary 9:00 a.m.
S.B. 14 Provides that a minor who possesses tobacco products or falsely represents his age to obtain tobacco products is subject to the jurisdiction of the juvenile court as a child in need of supervision. (BDR 5-76)
S.B. 30 Revises the provisions governing the early release of prisoners from county or city jails to relieve overcrowding. (BDR 16-362)
S.B. 33 Requires the manager of a gated community to provide to parole and probation officers the code or device which allows entry to the community. (BDR 16-560)
S.B. 35 Revises certain provisions relating to the admissibility of certain affidavits and declarations in certain proceedings. (BDR 4-507)
S.B. 36 Authorizes the board of county commissioners to include longevity pay in the compensation of justices of the peace. (BDR 1-269)
S.B. 37 Makes various changes to provisions governing the testimony and evidence of a witness who is granted immunity in a criminal proceeding. (BDR 14-278)
S.B. 66 Increases the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees. (BDR 3-120)
S.B. 70 Enacts the Uniform Prudent Management of Institutional Funds Act. (BDR 13-970)
S.B. 72 Adopts the Uniform Limited Partnership Act (2001) and provides for its applicability on a voluntary basis. (BDR 7-720)
Senate Judiciary 9:30 a.m.S.B. 93 Revises the provisions governing the crime of grand larceny of a motor vehicle and an offense involving a stolen vehicle. (BDR 15-697)
S.B. 103 Adopts the Uniform Unclaimed Property Act. (BDR 10-718)
Assembly Bill
AB 127 - Revises provisions relating to interception of wire communications. Introduced by Assemblyperson Smith + 22 others
Senate Bills
SB 112 - Enacts provisions governing the sale of products containing materials that are used in the manufacture of methamphetamine and other controlled substances. Introduced by Senator Titus + 19 others
SB 123 - Makes various changes to provisions relating to public records. Introduced by Senator Care.
The Senate Judiciary Committee is considering a bill which would provide for a prison term of up to 15 years for parents who grow or sell marijuana in the presence of children. That penalty is currently provided for adults who operate meth labs in the presenceof children.
Assembly Judiciary 8:00 a.m.
Presentation
Parole and Probation in Nevada
John Allan Gonska, Chief, Division of Parole and Probation, Department of Public Safety
Dorla M. Salling, Chair, State Board of Parole Commissioners
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Matters continued from a previous meeting.
Work session on measures previously considered.
Public comment, testimony may be limited.
Committee BDR introductions.
Assembly Ways and Means 8:00 a.m.
A.B. 22 Authorizes the State Land Registrar to transfer certain real property owned by the State of Nevada to Washoe County and the Sierra Fire Protection District. (BDR S-367)
A.B. 30 Revises certain provisions governing the distribution of proceeds from certain administrative assessments. (BDR 14-558)
A.B. 85 Makes an appropriation to the Judicial Retirement Fund for the unfunded accrued liability for the members of the Judicial Retirement System. (BDR S-90)
Assemblywoman Heidi Gansert
Assembly Judiciary 8:00 a.m.
A.B. 69 Revises provisions governing the crime of luring a child. (BDR 15-508)
A.B. 72 Revises provisions governing the crime of luring a child. (BDR 15-956)
A.B. 77 Makes various changes concerning the competency of defendants. (BDR 14-801)
Senate Finance/Assembly Ways and Means Joint Subcommittee on Public Safety 8:00 a.m.
Hearing on Department of Corrections Budget
Senate Judiciary 9:00 a.m.
S.B. 45 Provides for the imposition of an administrative assessment on a person convicted of driving while under the influence of intoxicating liquor or a controlled substance. (BDR 14-672)
S.B. 88 Adopts the Uniform Real Property Electronic Recording Act. (BDR 10-461)
S.B. 89 Makes various changes concerning legal representation of state agencies, officers and employees. (BDR 3-1)
AB 106 - Prohibits prisoners in the custody of the Department of Corrections from obtaining or possessing portable telecommunications devices. Introduced by the Select Committee on Corrections, Parole and Probation
AB 107 - Revises the provisions governing the possession of weapons at certain locations. Introduced by Assemblyperson Atkinson
AB 109 - Revises provisions governing the disposition of unspent campaign contributions. Introduced by Assemblyperson Settelmeyer + 15 others
AB 112 - Makes various changes to provisions governing protective orders. Introduced by Assemblywoman Parnell + 18 others
AB 116 - Revises provisions governing crimes involving certain controlled substances and other related substances. Introduced by Assemblyman Carpenter.
AB 123 - Revises provisions relating to the voluntary admission of a person to a mental health facility. Introduced by Assemblywoman Parnell
AB 124 - Prohibits minors from using cellular telephones while operating motor vehicles. Introduced by Assemblyman Manendo + 32 others
SB 93 - Revises the provisions governing the crime of grand larceny of a motor vehicle and an offense involving a stolen property. Introduced by Senators Hardy, Townsend, Heck, Lee & Titus
Former Chief Justice Robert Rose and Justice James Hardesty appeared before the Assembly Committee on Corrections, Parole and Probation and offered suggestions as to how the state can save money on prison construction and prison expenses. Among the suggestions are deportation of some illegal immigrants who are in prison, removing mandatory minimum sentences for some offenses, and changing the deadly weapon enhancement so that it does not automatically double sentences.
Yesterday legislators considered bills concerning jury pools. One bill would exempt police officers, lawyers and correctional officers from serving on juries. Another bill would increase the diversity and number of people eligible for jury service by mandating that utility companies provide their list of customers in Clark County, as they do in the other counties.
A report issued by the Public Safety Performance Project at the Pew Charitable Trusts notes the following findings about Nevada:
-- By 2011, barring changes, Nevada prisons will have one new inmate for every four serving sentences now.
-- Incarceration rates are expected to spike in Nevada from 540 prisoners per 100,000 residents to 640 prisoners per 100,000.
-- Particularly worrisome is the growth in the population of young men, the group at highest risk of criminal activity.
-- By 2016, the number of men in prison is projected to be 58 percent more than it is now, and the number of women in prison is projected to be 78 percent more than what it is now.
-- The total prison population is projected to be 21,123 in 2016, compared with 13,239 in 2006.
-- The report showed that Nevada will be in the top 10 states in prison inmate growth at 27 percent, tied with Wyoming in eighth place.
AB 90 - Creates the crime of paternity fraud. Introduced by Assemblyperson Gerhardt and 21 others.
AB 92 - Revises provisions governing genetic marker testing of certain convicted persons. Introduced by Assemblypersons Anderson, Munford, Hogan, Kihuen, and Smith
AB 96 - Makes various changes concerning criminal procedure. Introduced by Assemblyperson Weber. This bill expands the list of entities to whom the Division of Parole and Probation must disclose the content of a PSI report or a general investigation to include providers of health care approved by P&P to provide treatment of the defendant. The bill also provides that the maximum term for probation of suspension of a sentence may be 10 years instead of 5 years for certain sexual offenses. Despite this fact, the bill does not carry a fiscal note. Finally, the bill amends a current law which provides that if there is a prosecution for a violation of a condition of lifetime supervision, it must be prosecuted only in the county in which the court that imposed the sentence is located. The bill would provide that the violation must be prosecuted in the county in which the violation occurred.
AB 99 - Makes various changes concerning genetic marker testing of certain persons. Introduced by Assemblyperson Weber.
SB 80 - Designates certain elective offices (including District Attorney) as nonpartisan offices. Introduced by Senator McGinness.
Assembly Judiciary 8:00 a.m.
A.B. 45 Revises the factors used in determining the unfitness of a parent as grounds for terminating parental rights. (BDR 11-135)
A.B. 52 Makes various changes relating to domestic relations. (BDR 11-421)
A.B. 58 Revises provisions governing murder of the first degree. (BDR 15-935)
Assembly Judiciary 8:30 a.m.
A.B. 21 Revises certain provisions governing weapons. (BDR 15-326)
A.B. 81 Revises penalties for placing graffiti on or otherwise defacing public or private property. (BDR 15-843)
Senate Human Resources and Education 1:30 p.m.
S.B. 8 Provides that the repeated misuse of alcoholic beverages or controlled substances by a person who is responsible for a child's welfare constitutes prima facie evidence of negligent treatment or maltreatment of the child under certain circumstances. (BDR 38-245)
Assembly Judiciary 8:00 a.m.
A.B. 8 Prohibits a person from being admitted to bail for at least 12 hours after his arrest for driving a vehicle or operating a vessel under the influence of intoxicating liquor or a controlled substance. (BDR 14-704)
A.B. 19 Revises the provisions pertaining to the criminal liability of parties to crimes. (BDR 15-320)
Assembly Judiciary 8:00 a.m.
A.B. 11 Makes various changes to provisions relating to common-interest communities. (BDR 10-195)
A.B. 32 Revises provisions related to court reporters. (BDR 54-571)
A.B. 55 Provides for the use of voice writing by court reporters. (BDR 54-765)
Senate Judiciary 8:30 a.m.
S.B. 57 Requires the parent of a child who is the victim of a sexual offense to give written consent before the name of the child may be included in a notice provided to a school. (BDR 5-669)
S.B. 66 Increases the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees. (BDR 3-120)
S.B. 70 Enacts the Uniform Prudent Management of Institutional Funds Act. (BDR 13-970)
S.B. 72 Adopts the Uniform Limited Partnership Act (2001) and provides for its applicability on a voluntary basis. (BDR 7-720)
Senate Transportation and Homeland Security 3:30 p.m.
S.B. 17 Revises provisions relating to certain special license plates for veterans of the Armed Forces of the United States. (BDR 43-68)
S.B. 43 Increases the penalty for driving a vehicle in an unauthorized speed contest on a public highway. (BDR 43-435)
Assembly Select Committee on Corrections, Parole and Probation 3:45 p.m.
A.B. 37 Revises provisions relating to the administration of the Department of Corrections. (BDR 16-615)
A.B. 38 Revises certain provisions governing the forfeiture of credits earned to reduce the maximum term of imprisonment when a parolee violates a condition of his parole. (BDR 16-617)
Assembly leader urges tough stance on taggers. LVRJ 2/13/07
Nevada lawmaker seeks new penalties for graffiti. AP 2/13/07
Nevada legislators debate elder abuse, overcrowded jails. AP 2/12/07
Bill would let state agency get criminal files. LVRJ 2/13/07
Transgendered murder suspect accepts defender. LVRJ 2/13/07
North Las Vegas officials choose new city attorney to replace late McGowan. LVRJ 2/13/07
Editorial: Now starring: the Supreme Court. LVRJ 2/13/07
Assembly Bills
AB 81 - Revises penalties for placing graffiti on or otherwise defacing public or private property. Introduced by Cobb, Beers, Carpenter, Goedhart, Goicoechea, Grady and Marvel
AB 83 - Revises provisions governing criminal and civil liability for crimes motivated by the actual or perceived status of the victim as a homeless person. Introduced by Assemblyman Ohrenschall + 22 others
AB 85 - Makes an appropriation to the Judicial Retirement Fund for the unfunded accrued liability for members of the Judicial Retirement System. Introduced by Assemblyperson Gansert. This bill calls for the appropriation of almost $22 million. It is not included in the Executive Budget.
AB 87 - Revises certain provisions governing persons who are required to report the abuse, neglect, exploitation or isolation of older persons and vulnerable persons. Introduced by Leslie, Pierce, McClain, Parnell, Smith, Bobzien, Oceguera, Parks, Segerblom and Womack
Department of Corrections Director Glen Whorton predicts increases in prison violence based upon overcrowding and double bunking at the Ely State Prison. The prediction was made during a hearing before the Assembly Judiciary Committee yesterday.
I watched this hearing and a short summary of the auditors' report on the prisons is that the prisons are a big mess, the prescription medication program is an even bigger mess, and some kind of drastic reformation of prison practices is needed.
Assembly Judiciary 8:00 a.m.
A.B. 4 Revises provisions providing immunity from civil liability for certain medical facilities and certain medical professionals who render certain emergency care. (BDR 3-450)
A.B. 3 Makes various changes concerning protective orders. (BDR 3-390)
A.B. 17 Allows justice courts to appoint masters in proceedings involving temporary or extended orders for protection against stalking, aggravated stalking or harassment. (BDR 15-266)
Senate Judiciary 8:30 a.m.
S.B. 35 Revises certain provisions relating to the admissibility of certain affidavits and declarations in certain proceedings. (BDR 4-507)
S.B. 37 Makes various changes to provisions governing the testimony and evidence of a witness who is granted immunity in a criminal proceeding. (BDR 14-278)
S.B. 44 Enacts the Uniform Disclaimer of Property Interests Act. (BDR 10-754)
S.B. 46 Enacts the Uniform Custodial Trust Act. (BDR 13-753)
Assembly Judiciary 8:00 a.m.
A.B. 25 Makes various changes to provisions governing business associations. (BDR 7-544)
A.B. 26 Revises certain provisions governing the filing of certain organizing documents for corporations and other business entities. (BDR 7-549)
A.B. 15 Enacts the Uniform Child Abduction Prevention Act. (BDR 11-732)
A.B. 18 Expands the confidentiality provisions pertaining to certain review committees to include certain committees of institutions of the Nevada System of Higher Education. (BDR 4-276)
Senate Judiciary 8:30 a.m.
S.B. 32 Makes various changes concerning the detention of certain delinquent children who violate parole. (BDR 5-597)
S.B. 33 Requires the manager of a gated community to provide to parole and probation officers the code or device which allows entry to the community. (BDR 16-560)
S.B. 34 Makes various changes to provisions concerning protective orders. (BDR 15-656)
S.B. 36 Authorizes the board of county commissioners to include longevity pay in the compensation of justices of the peace. (BDR 1-269)
Assembly Judiciary, 9:00 a.m.
Videoconferenced to Las Vegas in room 4401 of the Grant Sawyer Building
A.B. 14 Makes various changes to provisions concerning graffiti and other damage to property. (BDR 15-387)
A.B. 23 Revises the penalty for placing graffiti on or otherwise defacing property. (BDR 15-436)
A.B. 44 Requires a criminal defendant to be present at the preliminary hearing under certain circumstances. (BDR 14-658)
Proposed amendments must be submitted in writing to the committee along with the sponsor's name, contact information, and the intent of the amendment.
Committee BDR introductions.
Senate Judiciary 9:30 a.m.
S.B. 30 Revises the provisions governing the early release of prisoners from county or city jails to relieve overcrowding. (BDR 16-362)
S.B. 31 Makes various changes to provisions governing records of criminal history. (BDR 14-595)
AB 77 - Makes various changes concerning the competency of defendants. Introduced by the Judiciary Committee.
The Nevada Appeal reports that there will be a joint hearing today of the Assembly Health and Human Services Committee and Senate Human Resources and Education Committee on the methamphetamine crisis in Nevada.
The 2007 AOC Legislative Report is available at the Supreme Court's website. The report tracks a large number of bills, including a large number of bills concerning the practice of law and criminal justice.
The Court also provides a 69 page report on Specialty Court Funding for fiscal years 2005 and 2006.
AB 58 - Revises provisions governing murder of the first degree. Introduced by Assemblyman Oceguera. In enacted, this bill would make deaths that are the result of child neglect into first degree murder and would also make deaths that are caused by neglect or abuse of an older person or vulnerable person first degree murder. The bill has a fiscal note for the state but does not have a fiscal note for local governments, despite the fact that it would permit the death penalty to be sought for these offenses - at an enormous expense for local governments.
AB 61 - Makes various changes concerning meetings of the State Board of Parole Commissioners. Introduced by the Select Committee on Corrections, Parole and Probation.
AB 62 - Makes various changes concerning parole. Introduced by the Select Committee on Corrections, Parole and Probation.
AB 63 - Revises provisions governing the additional penalty for the use of certain weapons in the commission of a crime. Introduced by the Judiciary Committee.
AB 65 - Revises the provisions pertaining to the filing of motions to suppress evidence in criminal proceedings. Introduced by the Judiciary Committee.
AB 69 - Revises provisions governing the crime of luring a child. Introduced by the Judiciary Committee.
AB 72 - Revises provisions governing the crime of luring a child. Introduced by Assemblyperson Gansert.
AB 73 - Revises the information required to search the community notification webbsite to identify or locate certain sex offenders. Introduced by Assemblyperson Stewart.
SB 61 - Provides for a pilot program for local governments to use certain automated systems for the enforcement of traffic laws. Introduced by Transportation and Homeland Security.
2007 Nevada Legislature convenes Monday, Nevada Appeal 2/4/07
Starting Monday, Lawmakers to Weigh A Wide Range of Bills, Las Vegas Sun 2/4/07
How Citizens Can Change State Law, RGJ 2/4/07
Nevada Assembly (with list of e-mail addresses and telephone numbers) - RGJ 2/4/07
Nevada Senate (with list of e-mail addresses and telephone numbers) - RGJ 2/4/07
Legislative Fast Facts, RGJ 2/4/07
Nevada Leadership, Committees, RJG 2/4/07
The Players: Your Guide To the 2007 Legislature, LVRJ 2/4/07
Geoff Schumacher: The 2007 Legislature as Entertainment (includes mention of blogs covering the legislature), LVRJ 2/4/07
Assembly Judiciary Committee 8:00 a.m.
videoconferencing is available in room 4401 fo the Grant Sawyer Office Building
Presentation
Regulation of Gaming in Nevada - Dennis K. Neilander, Chairman, State Gaming Control Board
Presentation
Court System in Nevada
Ron Titus, Director and State Court Administrator, Administrative Office of the Courts, Supreme Court
Committee BDR introductions
Senate Judiciary - no meeting scheduled
Assembly Judiciary Committee 8:00 a.m.
videoconferencing is available at room 4401 of the Grant Sawyer Office Building
Presentation
Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation (Assembly Concurrent Resolution No. 17. Assemblyman William C. Horne Chairman
The remainder of the agenda concerns child support. The agenda is available here.
Senate Judiciary Committee 8:00 a.m.
S.B. 7 Establishes civil liability for certain acts involving the use of controlled substances and the consumption of alcoholic beverages. (BDR 3-53)
S.B. 9 Provides that the provisions related to obtaining the informed consent of patients apply to osteopathic physicians. (BDR 3-728)
S.B. 10 Prohibits certain acts relating to capturing or distributing an image of the private area of another person under certain circumstances. (BDR 15-5)
S.B. 14 Provides that a minor who possesses tobacco products or falsely represents his age to obtain tobacco products is subject to the jurisdiction of the juvenile court as a child in need of supervision. (BDR 5-76)
S.B. 15 Provides that certain governmental employees who enforce local ordinances may be designated as peace officers. (BDR 23-254)
Note: Interested parties may observe the proceedings through a simultaneous videoconference in Room 4412 of the Grant Sawyer State Office Building, Las Vegas.
Possible committee introductions of bills and resolutions.
Public comment, testimony may be limited.
Assembly Judiciary Committee 8 a.m.
videoconferencing will be provided at room 4401 of the Grant Sawyer Office Bldg.
Staff Presentation
Audit Reports
Nevada Department of Corrections, Inmate Medical
Nevada Department of Corrections, Administration
Nevada Department of Corrections, Offender Trust Accounts
Paul Townsend, Legislative Auditor, Audit Division, Legislative Counsel Bureau
Presentation
Nevada Department of Corrections
Glen Whorton, Director, Nevada Department of Corrections
Frederick Schlottman, Adminstrator, Offender Management Division, Nevada Department of Corrections
Presentation
Parole and Probation in Nevada
John Allen Gonska, Chief, Division of Parole and Probation, Department of Public Safety
Dorla M. Salling, Chairman, State Board of Parole Commissioners
Committee BDR introductions
Senate Judiciary Committee - 8:00 am
The agenda includes a hearing on medical malpractice. The agenda is available here.
Assembly Judiciary Committee 8 a.m.
videoconferencing will be provided at Room 4401 of the Grant Sawyer Office Bldg.
Opening remarks and introduction of committee members and staff
Assemblyman Bernie Anderson
Adoption of Standing Rules of the Assembly Committee on Judiciary
Staff presentation
Committee Brief and overview of session deadlines
Jennifer Chisel, Committee Policy Analyst, Research Division, Legislative Counsel Bureau
Staff presentation
Legal issues relevant to the Committee
Risa Lang, Committee Counsel, Legal Division, Legislative Counsel Bureau
Presentation
Nevada Criminal Law, Jurisdiction, and Procedure
Ben Graham, Nevada District Attorneys Association
Howard Brooks, Nevada Attorneys for Criminal Justice
Presentation
Central Repository for Nevada Records of Criminal History
Captain P. K. O'Neill, Chief, Central Repository for Nevada Records of Criminal History, Nevada Department of Public Safety
Committee BDR introductions
Senate Judiciary Committee 8 a.m.
Opening Remarks
Chair Mark E. Amodei
Adoption of Committee Rules
PRESENTATION: INFORMATIONAL HEARING ON TOPICS CONCERNING DUE PROCESS
Patrick Hearn, Executive Director, Nevada Commission on Ethics
Jan Cohen, General Counsel, Public Utilities Commission of Nevada
Larry Pinson, Executive Director, and Louis Ling, General Counsel,
State Board of Pharmacy
Nevada Trial Lawyers Association Representative
Possible committee introductions of bills and resolutions.
Public comment, testimony may be limited.
AB 14 - Makes various changes to provisions concerning graffiti and other damage to property. Introduced by Assemblyman Oceguera.
AB 15 - Enacts the Uniform Child Abduction Prevention Act. Introduced by Assemblyman Horne
AB 17 - Allows justice courts to appoint masters in proceedings involving temporary or extended orders for protection against stalking, aggravated stalking or harassment. Introduced by the Judiciary Committee.
AB 19 - Revises the provisions pertaining to the criminal liability of parties to crimes. Introduced by the Judiciary Committee. This bill directly addresses the Nevada Supreme Court's holdings in Sharma and Bolden and would create liability on crimes under theories of aiding and abetting and conspiracy for specific intent offenses that were not intended by the defendant. There is no fiscal note on the bill, despite the fact that if it is enacted there will be increases in prison terms for a considerably large number of defendants.
AB 20 - Revises the provisions pertaining to costs that jurors are entitled to received. Introduced by the Judiciary Committee.
AB 21 - Revises certain provisions governing weapons. Introduced by the Judiciary Committee.
AB 23 - Revises the penalty for placing graffiti or otherwise defacing property. Introduced by the Judiciary Committee.
AB 37 Revises provisions relating to the administration of the Department of Corrections. Introduced by the Select Committe on Corrections, Parole, and Probation.
AB 38 - Revises certain provisions governing the forfeiture of credits earned to reduce the maximum term of imprisonment when a parolee violates a condition of his parole. Introduced by the Select Committee on Corrections, Parole, and Probation.
AB 43 - Requires public utilities in larger counties to provide a list of customers for use in the selection of jurors. Introduced on behalf of the Nevada Supreme Court. Referred to the Committee on Commerce and Labor.
AB 44 - Requires a criminal defendant to be present at the preliminary hearing under certain circumstances. Introduced by the Judiciary Committee.
SB 30 - Revises the provisions governing the early release of prisoners from county or city jails to relieve overcrowding. Introduced by the Judiciary Committee.
SB 31 - Makes various changes to provisions governing records of criminal history. Introduced by the Judiciary Committee.
SB 32 - Makes various changes concerning the detention of certain delinquent children who violate parole.
SB 33 - Requires the manager of a gated community to provide to parole and probation officers the code or device which allows entry to the community. Introduced by the Judiciary Committee.
SB 34 - Makes various changes to provisions concerning protective orders. Introduced by the Judiciary Committee.
SB 35 - Revises certain provisions relating to the admissibility of certain affidavits and declarations in certain proceedings. Introduced by the Judiciary Committee.
SB 36 - Authorizes the board of county commissioners to include longevity pay in the compensation of justices of the peace. Introduced by the Judiciary Committee.
SB 37 - Makes various changes to provisions governing the testimony and evidence of a witness who is granted immunity in a criminal proceeding. Introduced by the Judiciary Committee.
SB 38 - Creates the Records and Technology Division of the Department of Public Safety to maintain the Central Repository for Nevada Records of Criminal History. Introduced by Transportation and Homeland Security.
SB 41 - Revises provisions governing an ignition interlock device upon conviction for driving under the influence of intoxicating liquor or a controlled substance. Introduced by Transportation and Homeland Security.
SB 42 - Makes failure to wear a safety belt in a motor vehicle a primary offense. Introduced by the Transportation and Homeland Security.
SB 43 - Increases the penalty for driving a vehicle in an unauthorized speed contest on a public highway. Introduced by the City of Reno.
A few Assembly Bills are available - a couple concern criminal law:
AB 3 Makes various changes concerning protective orders. Introduced by the Judiciary Committee.
AB 8 Prohibits a person from being admitted to bail for at least 12 hours after his arrest for driving a vehicle or operating a vessel under the inflience of intoxicating liquor or a controlled substance. Introduced by Assemblyman Manendo
The senate also has a few bills:
SB 6 Includes marijuana in the provision which prohibits persons from intentionally allowing children to be present at certain locations where certain crimes involving controlled substances are committed. Introduced by Senator Heck.
* Note - this bill indicates that there will be no fiscal impact on local government. Given the expenses of prosecution, defense, courts, and detention facility based upon creation of a new offense, I am doubtful of this claim.
SB 7 Establishes civil liability for certain acts involving the use of controlled substances and the consumption of alcoholic beverages. Introduced by Senators Wiener and Horne
SB 8 Provides that the repeated misuse of alcoholic beverages or controlled substances by a person who is responsible for a child's welfare constitutes prima facie evidence of negligent treatment or maltreatment of the child under certain circumstances. Introduced by Senator Townsend.
SB 10 Prohibits certain acts relating to capturing or distributing an image of the private area of another person under certain circumstances. Introduced by Senator Cegavske.
SB 11 Revises provisions governing the treatment of animals. Introduced by Senator Townsend.
SB 14 Provides that a minor who possesses tobacco products or falsely represent his age to obtain tobacco products is subject to the jurisdiction of the juvenile court as a child in need of supervision. Introduced by Senator McGinness.
SB 15 Provides that certain governmental employees who enforce local ordinances may be designated as peace officers. Introduced by Senator McGinness.
Assembly Judiciary Committee
Regular Meetings in Room 3138 at 7:30 a.m. Mondays, Tuesdays, Wednesdays, Thursdays and Fridays.
Bernie Anderson - Chair
William Horne - Vice Chair
Marcus Conklin
Susan Gerhardt
Mark Manendo
Harry Mortenson
John Oceguera
James Ohrenschall
Tick Segerblom
Francis Allen
John Carpenter
Ty Cobbb
Ed Goedhart
Garn Mabey
Senate Judiciary Committee
Regular Meetings in Room 2149 at 8:00 a.m. Mondays, Tuesdays, Wednesdays, Thursdays and Fridays.
Mark Amodei - Chair
Maurice Washington - Vice Chair
Mike McGinness
Dennis Nolan
Valerie Wiener
Terry Care
Steven Horsford
I few weeks ago I noted legislative bill draft requests relevant to criminal law. Here's the next installment:
Yikes. There are already 771 Bill Draft Requests for the 2007 Legislative Session. A few that may be of interest to the criminal defense bar are the following:
15--5 Senator Cegavske Prohibits video voyeurism.
14--17 Senator Titus Makes various changes to tighten provisions governing registration and community notification of and penalties for sex offenders.
S--45 Senator Lee Makes various changes concerning regulation of firearms.
3--53 Senator Wiener, Joint Requester: Assemblyman Horne Establishes liability for adults who serve alcohol to minors for any damage, injury or loss to person or property caused by those minors while impaired by the alcohol.
15--78 Assembly Committee on Judiciary Makes various changes concerning technological crimes.
S--80 Senator Lee Revises provisions relating to municipal judges.
105 Assemblywoman Leslie Authorizes courts to include animals in orders for protection against domestic violence.
11--135 Assembly Committee on Judiciary Revises provisions governing the termination of the parental rights of convicted murderers.
1-145 Assemblyman Conklin Exempts certain public officers from jury duty.
14--148 Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation (ACR 17) Clarifies provisions concerning authority to stay the execution of a judgment of death.
16--149 Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation (ACR 17) Makes various changes concerning parole.
16--150 Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation (ACR 17) Makes various changes concerning meetings of the Parole Board.
15--151 Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation (ACR 17) Revises provisions governing additional penalty for committing a crime with a deadly weapon.
14--152 Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation (ACR 17) Makes various changes concerning pleas that may be entered by defendants in criminal actions.
2--164 Assemblyman Holcomb Requires courts to award attorney's fees and costs against attorneys and parties under certain circumstances.
C--177 Senator Raggio Joint Requester: Assemblyman Arberry Jr.
Proposes to amend Nevada Constitution to adopt "Missouri Plan" for initial selection of judges by appointment and retention of judges by ballot question.
179 Assemblywoman Angle Makes various changes concerning identity theft.
15--186 Assemblywoman Gansert Revises provisions concerning sex offenders.
190 Assemblyman Munford Makes various changes concerning Department of Corrections.
40--223 Senator Heck Adds marijuana to provisions which prohibit person from allowing child to be present at locations where controlled substances are being sold or manufactured.
23--254 Senator McGinness Makes changes regarding local code enforcement officers.
15--266 Nevada Judges Association Revises provisions relating to harassing and stalking orders
43--267 Nevada Judges Association Revises provisions relating to DUI interlocking devices.
1--269 Nevada Judges Association Revises provisions relating to longevity pay for justices of the peace.
14--278 Nevada District Attorneys Association Clarifies provisions governing immunity for material witnesses in criminal proceedings.
14--279 Nevada District Attorneys Association Revises provisions governing insanity defense in criminal proceedings.
43--285 Assemblywoman Weber Enacts provisions regarding proof of identity of persons released from the custody of the Nevada Department of Corrections.
14--288 Assemblywoman Weber
Makes various changes concerning genetic marker testing of certain convicted persons.
39--306 Legislative Committee on Health Care (NRS 439B.200)
Makes various changes concerning examination required before allegedly mentally ill person is transported to mental health facility.
17--310 Legislative Committee on Health Care (NRS 439B.200)
Establishes a statutory Legislative Committee on Child Welfare and Juvenile Justice and a statutory Legislative Committee on Senior Citizens and Veterans.
54--313 Assembly Committee on Commerce and Labor
Enacts provisions pertaining to regulation of crime scene investigators.
14--319 Nevada District Attorneys Association
Revises provisions governing justiciability of constitutional challenges.
15--320 Nevada District Attorneys Association
Revises provisions governing liability of conspirators and accomplices.
14--328 Nevada Sheriffs' and Chiefs' Association
Provides for implementation of new federal sex offender law and prohibits harassing or stalking sex offenders listed on sex offender registry.
43--329 Nevada Sheriffs' and Chiefs' Association
Makes failure to wear safety belts a primary offense.
43--330 Nevada Sheriffs' and Chiefs' Association
Authorizes use of automated systems for enforcement of traffic laws and provides for pilot program for local governments.
20--354 Clark County
Authorizes counties to impose civil liability instead of criminal penalty for certain violations of law.
16--362 Washoe County
Revises provisions governing early release of prisoners from county jails to relieve overcrowding.
15--387 Assemblyman Oceguera
Makes various changes to laws concerning graffiti.
3--390 Assembly Committee on Judiciary
Makes various changes concerning protection orders.
34--410 Clark County School District
Revises provisions governing jurisdiction of school police officers.
40--420 Assemblyman Carpenter
Revises provisions governing crimes involving methamphetamine.
43--435 Reno, City of
Strengthens penalties for street or drag racing offenses.
15--436 Reno, City of
Strengthens penalties for graffiti offenses.
15--467 Sparks, City of
Increases certain penalties for placing graffiti on or otherwise defacing property.
17--481 Nevada League of Cities and Municipalities
Revises provisions relating to the effective date of legislation.
486 Nevada League of Cities and Municipalities
Makes various changes concerning methamphetamine abuse.
14--498 Attorney General
Revises residency and employment restrictions for convicted sex offenders.
14--499 Attorney General
Makes various changes relating to registration and community notification of convicted sex offenders.
52--500 Attorney General
Revises penalties for deceptive trade practices.
15--506 Attorney General
Clarifies mandatory reporting of abuse, neglect and other crimes against children.
4--507 Attorney General
Revises provisions relating to admissibility of certain affidavits and declarations in certain proceedings.
15--508 Attorney General
Revises provisions governing crime of luring children.
509 Attorney General
Makes various changes to provisions providing protection to older persons.
510 Attorney General
Revises provisions governing identity theft.
511 Attorney General
Makes various changes to provisions governing the use, abuse and manufacture of methamphetamine.
40--512 Attorney General
Restricts sale of pharmaceuticals containing precursor materials used in the manufacture of methamphetamine and other controlled substances.
513 Attorney General
Revises provisions relating to criminal law and procedure.
3--514 Attorney General
Revises provisions relating to domestic violence.
517 Attorney General
Makes various changes to the Open Meeting Law.
521 Attorney General
Revises provisions relating to the authority of the Attorney General.
C--532 Assemblywoman Ohrenschall
AJR: Proposes to amend Nevada Constitution relating to sex offenders in manner similar to Florida legislation commonly known as "Jessica's Law."
15--533 Assemblywoman Ohrenschall
Makes violence against homeless persons a hate crime.
538 Assemblywoman Kirkpatrick
Makes changes relating to violations of traffic laws.
23--539 Assemblyman Horne
Revises provisions governing qualifications for office of sheriff.
14--558 Public Safety, Department of
Revises provisions governing the distribution of administrative assessments for misdemeanors.
16--560 Parole and Probation, Division of-Public Safety
Requires gated communities to provide access codes to Division of Parole and Probation to facilitate unannounced visits to offenders released on probation.
54--571 Court Reporters' Board of Nevada, Certified
Revises provisions governing the Certified Court Reporters' Board of Nevada and qualifications of court reporters
--597 Child and Family Services, Division of-Health and Human Services
Revises provisions governing detention of juvenile parole violators.
16--615 Corrections, Department of
Revises provisions governing the Department of Corrections and offenders
16--616 Corrections, Department of
Prohibits offenders in custody of Department of Corrections from obtaining or using cell phones or similar devices.
16--617 Corrections, Department of
Revises provisions governing sentence merit credits for offenders in the custody of the Department of Corrections.
11--647 Assemblyman Parks
Establishes certain requirements for reporting acts of domestic violence.
15--648 Nevada Supreme Court
Revises provisions governing weapons in public buildings.
1--649 Nevada Supreme Court
Revises provisions governing court clerks.
54--650 Nevada Supreme Court
Revises provisions governing interpreters for persons who are deaf or hearing impaired.
58--651 Nevada Supreme Court
Includes larger counties in authorization to use telephone customer lists for selection of jurors.
24--652 Nevada Supreme Court
Revises provisions governing filing of candidacy for a judicial office.
5--653 Nevada Supreme Court
Revises formula for funding of certain youth camps.
1--654 Nevada Supreme Court
Increases the number of judges in the Eighth and Second District Courts.
14--655 Nevada Supreme Court
Revises provisions governing the bond forfeiture reporting requirements.
15--656 Nevada Supreme Court
Makes various changes to the provisions concerning temporary protective orders.
S--657 Nevada Supreme Court
Makes appropriation to the Nevada Supreme Court/Administrative Office of the Courts for a new courthouse in White Pine County.
14--658 Nevada Supreme Court
Amends provisions concerning the defendant's presence at the preliminary hearing.
3--659 Nevada Supreme Court
Revises provisions concerning the qualifications of Domestic Violence Masters and Juvenile Masters.
1--660 Nevada Supreme Court
Revises provisions concerning persons summoned to serve on jury duty.
C--661 Nevada Supreme Court
_JR: Proposes to amend the Nevada Constitution to allow for the creation of an Intermediate Appellate Court.
1--662 Nevada Supreme Court
Revises provisions concerning administrative assessments.
663 Nevada Supreme Court
Revises provisions concerning supreme court and district court judges in Nevada.
664 Nevada Supreme Court
Revises provision governing Commission on Law Libraries.
26--665 Nevada Supreme Court
Changes provisions of the administration of the Supreme Court Building.
667 Assemblyman Anderson
Revises provisions relating to the dispensing of ingredients used to create methamphetamine
5--669 Senator Wiener
Requires parental consent before notice concerning child who is victim of sexual offense is released to a school.
14--704 Assemblyman Manendo
Requires 12-hour hold after arrest for DUI.
40--714 Assemblyman Holcomb
Revises provisions governing sale or transfer of products containing pseudoephedrine or other precursor substances used in manufacture of methamphetamine.
14--715 Assemblyman Holcomb
Establishes program for publication of certain information concerning registered sex offenders.
727 Assembly Committee on Judiciary
Amends provisions concerning custody of prisoners for whom outstanding warrants exist.
15--730 Senator Hardy
Enacts provisions governing crimes against unborn victims.
731 Assemblyman Oceguera
Revises provisions governing the tracking, monitoring and revocation of teacher licenses for criminal behavior.
11--732 Assemblyman Horne
Enacts Uniform Child Abduction Prevention Act.
S--735 Senator Rhoads
Makes appropriation for a new courthouse in White Pine County.
764 Speaker of the Assembly
Prohibits possession of dangerous knife on school grounds.
765 Assembly Committee on Commerce and Labor
Expands definition of "practice of court reporting" to include reporting by use of voice writing.
Assembly Speaker Barbara Buckley announced Assembly leadership assignments and committee assignments for the 2007 legislative session. Bernie Anderson will again chair the Judiciary Committee. A new committee on Corrections, Parole & Probation will be chaired by David Parks.
Nearly 100 mental health, substance abuse and social service workers attended a symposium addressing barriers to treating the mentally ill who have substance abuse problems. The group will prepare a report to be presented to the Legislature in January.
The final report of the Legislative Commission's Subcommittee to Study Sentencing and Pardons, and Parole and Probation is now available. The following is the summary of recommendations that will be forwarded to the 2007 Session of the Nevada State Legislature:
PAROLE AND PARDONS ISSUES
RECOMMENDATION NO. 1 Draft legislation to amend Nevada Revised Statutes (NRS) 176.415, which sets forth the manner in which the execution of judgment of death may be stayed, to clarify that the Governor has authority under the Nevada Constitution to grant a reprieve for a period of 60 days following a conviction.
RECOMMENDATION NO. 2 Draft legislation to amend NRS 213.10885, and any other relevant sections of NRS, to provide that when a person is serving consecutive sentences in prison, a risk assessment is conducted by the Division of Parole and Probation, Nevada's Department of Public Safety (NDPS), only when the person is eligible for release from prison if granted parole. Thus, the assessment will be performed only when the person is eligible for parole for the last sentence being served.
RECOMMENDATION NO. 3 Draft legislation to amend NRS 213.1215 which requires the Parole Board to grant parole to a prisoner 12 months before the end of his maximum term of imprisonment except in certain circumstances, including when the Parole Board determines that the prisoner will be a danger to public safety while on parole. Require the Parole Board to provide its reasons for denying parole in writing when parole is denied because the Parole Board determined that the prisoner will be a danger to public safety while on parole.
RECOMMENDATION NO. 4 Draft legislation to amend relevant provisions of NRS to require a person convicted of a category D or E felony to be placed on parole after serving the minimum sentence of imprisonment unless the Parole Board determines that the prisoner would be a danger to public safety if placed on parole.
RECOMMENDATION NO. 5 Include a statement in the final report encouraging the Administrative Office of the Courts to work with Nevada's Department of Corrections (NDOC) to create a statewide system of "re-entry courts", similar to the Eighth Judicial District Court's Going Home Prepared program.
RECOMMENDATION NO. 6 Draft letters to Nevada's Department of Public Safety and NDOC encouraging each Department to seek adequate funding to provide for the provision of mental health and substance abuse treatment to prisoners. Further, include in the letter encouragement for each Department as appropriate to seek funding to: (1) assist prisoners to enroll in drug court; and (2) employ adequate social workers in the Division of Parole and Probation to assist prisoners upon release from prison to obtain the necessary treatment and assistance to access community resources.
RECOMMENDATION NO. 7 Draft legislation to require that all hearings of the Parole Board be subject to the open meeting law provided that consideration is given to the privacy of juveniles, witnesses, victims, or other persons who may require protection of their identity for safety reasons. Include legislation to require the Parole Board to provide notice of a parole hearing to the prisoner who is the subject of the hearing and his victims at least 3 business days before the parole hearing.
RECOMMENDATION NO. 8 Draft legislation to amend Chapter 213 of NRS to allow a prisoner who is eligible for parole and his representative to speak during a hearing to consider the parole of the prisoner in addition to the victims.
RECOMMENDATION NO. 9 Draft a letter to the Governor encouraging the Governor to consider the diversity of Nevada when appointing members to the Parole Board to ensure that the Parole Board represents that diverse population.
MANDATORY MINIMUM AND ENHANCED SENTENCING ISSUES
RECOMMENDATION NO. 10 Draft legislation to amend NRS 193.165 to give the court discretion to increase the sentence of a person by 1 year to 10 years if the crime was committed with the use of a deadly weapon rather than imposing a sentence equal to the underlying crime.
NOT GUILTY BY REASON OF INSANITY ISSUES
RECOMMENDATION NO. 11 Draft a letter to the appropriate state agency inquiring if any national or state programs exist that provide special training or certification for forensic psychiatrists to evaluate a person who has been found not guilty by reason of insanity, to determine the person's eligibility for release, and to testify concerning whether to release the person.
RECOMMENDATION NO. 12 Draft legislation to amend NRS to: (1) codify the M'Naghten rule for determining whether a person is insane for purposes of the insanity defense; and (2) create an additional plea of "Guilty But Mentally Ill."
RECOMMENDATION NO. 13 Draft a letter to the Legislative Commission requesting the Commission to direct the Audit Division of the Legislative Counsel Bureau to conduct a performance evaluation of correctional programs. The evaluation should include an assessment of vocational training programs, educational programs and mental health programs or counseling. The evaluation should also incorporate a survey of programs, which have been successful in other states, and address the issue of availability and accessibility to correctional programs by male and female prisoners. The evaluation should include a feasibility study on the possibility of creating a citizens' advisory committee to monitor inmate grievances. The evaluation should also include an examination of inmate's access to health care.
RECOMMENDATION NO. 14 Draft a letter to the Governor requesting that the Executive Branch initiate evaluations relating to inmate access to health care.
A group of 32 religious leaders are endorsing a ballot question that would allow adults to possess and use up to one ounce of marijuana.