Summary of Bills in Matrix

Criminal Justice, Reentry/Corrections/Other Issues

As of June 8, 2009

Listed below is the general topic of each bill in this category that RAIN is currently following. A discussion and/or explanation of RAIN's position on each bill is shown in blue.

• AB 46 (2) (BDR 271)
  Would require court transmittal of records of involuntary admission for mental incompetency and acquittals based on finding of insanity or mental illness to Natl Instant Criminal Background Check System relating to prohibition of the purchase or possession of a firearm by said persons.  Passed Legislature, to gov
   
• AB 47 (2) (BDR 409)
  Revises provisions relating to specialty courts. This bill eliminates the requirement that before a court may assign a defendant to a program for the treatment of mental illness or mental retardation; the prosecuting attorney must stipulate to the assignment if the underlying offense or a previous offense committed by the defendant involved the use or threatened use of force or violence. (NRS 176A.260) Sections 2-5 and 7 of this bill authorize a court, upon completion of a program of treatment for the abuse of alcohol or drugs, to seal all records relating to the case. Section 6 of this bill reduces the list of crimes that make a defendant ineligible to participate in a program of treatment for the abuse of alcohol or drugs and authorizes a court to assign a defendant to the  prohibited by specific statute. (NRS 458.300)  Recommendation:  (2). Passed.
   
• AB 65 (3)
  Provides for the collection and disposition of additional court fees. (BDR 2-372).  Recommendation:  (3)  Passed. 
   
• AB 85 (3) (BDR 259)
  AN ACT relating to crimes; establishing the Advisory Committee to Study Laws Concerning Sex Offender Registration; prescribing the duties of the Committee; requiring the Committee to prepare and submit to the Legislative Commission a biennial report; and providing other matters properly relating thereto.  Passed.
   
• AB 102 (2) (BDR 329)
  AN ACT relating to public health; authorizing a court to establish a program of treatment for problem gambling and to assign a person to the program; authorizing a problem gambler to elect to be assigned to such a program under certain circumstances; and providing other matters properly relating thereto.  Recommendation:  (2). Passed.
   
• AB 114 (2) (BDR 624)
  Bill provides that any remaining money in the Fund for the Compensation of Victims of Crime at the end of the fiscal year must remain within the Fund and must not be reverted to the State General Fund.  Passed.
   
• AB 116 (2) (BDR 1)
  Excludes evidence of contributory conduct of a victim of domestic violence or sexual assault from consideration in determinations made regarding compensation to the victim.  Recommendation:  (2). Passed.
   
• AB 117 (2)* (BDR 630)
  Makes various changes in parole procedures, based on recommendations of Commission on Administration of Justice.  Included is a requirement to provide an interpreter if the applicant for parole does not speak English; repeals the provision of mandatory parole 12 months before the end of the maximum term to mandatory consideration of parole for such prisoners; and authorizes Parole Board to grant parole to a prisoner without a meeting if the Board anticipates parole will be granted. Recommendation:  (2)  Passed.
   
• AB 120 (3)* (BDR 625)
  Makes changes concerning orders for protection of victims of sexual assault.  Recommendation:  (3). Passed.
   
• AB 179 (2)
  Revises provisions governing post conviction genetic marker analysis. (BDR 14-869).  Amends existing law to allow any person convicted of a felony, regardless of whether he is under a sentence of death, to petition the court for post conviction genetic marker analysis after meeting certain other requirements.  This section also amends existing law to provide that genetic marker analysis may  be performed on evidence previously submitted to analysis if: (1) the results of a previous analysis were inconclusive; (2) the evidence was not previously submitted to the type of analysis requested and the requested analysis may resolve an issue not resolved by the previous analysis; or (3) the requested analysis would provide results significantly more accurate and probative of the identity of the perpetrator.  This section further requires the district attorney of the appropriate county to notify the victims of the crime at issue in the petition of certain information related to the petition. (NRS 176.0918)  Recommendation:  (2).  Passed.
   
• AB 187 (2) (BDR 955)
  Authorizes the establishment by district courts of a program for the treatment of certain offenders who are veterans or members of the military.  Passed.
   
• AB 239 (3) (BDR 9)
  Revises provisions relating to habitual criminals, habitual felons and habitually fraudulent felons.  Recommendation:  (3) Passed. 
   
• AB 259 (2) (BDR 631)
  Existing law provides that an offender who has been convicted of a category B felony is not eligible for residential confinement. Section 1 of this bill requires the  standards adopted by the Director of the Department of Corrections concerning eligibility for residential confinement to provide that an offender who has been convicted of a category B felony is eligible for residential confinement if: (1) the offender is not otherwise ineligible for residential confinement; and (2) the Director makes a written finding that assigning the offender to residential confinement is not likely to pose a threat to the safety of the public. (NRS 209.392)  Recommendation:  (2) Note:  This is a Commission on Admin Justice Bill.  Passed.
   
• AB 279 (2) (BDR 518)
  Makes various changes relating to certain convicted persons.  Section 2 of this bill provides that upon the conviction of a defendant for murder or a felony that is a sexual offense, an agency of criminal justice that possesses any biological evidence secured in connection with the investigation or prosecution of the defendant is required to preserve such evidence until the expiration of any sentence imposed on the defendant.  Sections 4, 6, 7, 9 and 10 of this bill reenact statutory provisions that were  repealed in 1997 and authorize a court to commit offenders who have never been  sentenced to imprisonment for more than 6 months as adults to the Department of Nevada 1997, p. 905) Upon conclusion of the evaluation period of such an offender, the Department of Corrections is required to report its results and recommendations to the court to assist the court in determining whether to grant probation or impose a sentence of imprisonment.  Recommendation:  (2)  (Commission bill)  Passed. 
   
• AB 385 (2) (BDR 523)
  
• AN ACT relating to prisons; requiring the Board of State Prison Commissioners to adopt regulations pertaining to a facility or institution operated by a private organization; requiring the monitoring of certain private facilities and institutions; providing that certain provisions relating to a prisoner confined in a facility or institution also apply to a prisoner confined in a private facility or institution operated by a private organization; and providing other matters properly relating thereto. Passed Legislature, pending with Governor.
   
• AB 474 (2) (BDR 1127)
  Revises parole eligibility for certain offenders.   Recommendation:  (2) Passed. 
   
• AB 497 (3)
  Provides for the collection and sharing of certain statistical data and information relating to the criminal justice system. (BDR 14-1154)  Recommendation:  (3) Passed. 
   
• AB 531 (3)
  Revises provisions governing the distribution of the proceeds of certain administrative assessments. (BDR 14-1192)  Recommendation (3).  Passed. 
   
• AB 538 (3)
  Transfers the program for the medical use of marijuana from the State Department of Agriculture to the Health Division of the Department of Health and Human Services. (BDR 40-1180)  Recommendation (3)  Passed. 
   
• SB 84 (3) (BDR 257)
  Authorizes cities to create depts. of alternative sentencing. Passed.
   
• SB 113 (2) (BDR 626)
  Creates statutory subcommittees on Juvenile Justice and Victims of Crime of the Advisory Commission on the Administration of Justice.  Passed.
   
• SB 235 (2) (BDR 553)
  Revises the provisions relating to the jurisdiction of the juvenile court over certain offenses.  Passed. 
   
• SB 236 (1)* (BDR 903)
  Establishes a fund into which money collected from gifts, grants, and donations will be deposited with the money to be used to pay for reentry programs for offenders.  *RAIN Priority.  Passed. 
   
• SB 238 (2)* (BDR 895)
  Revises certain provisions relating to the restoration of civil rights for certain criminal offenders.  Existing law provides for the automatic restoration of certain civil rights after honorable discharge from probation or parole, release from prison or the sealing of records. (NRS 176A.850, 179.285, 213.090, 213.155, 213.157) Existing law also authorizes certain criminal offenders to apply to the State Board of Pardons Commissioners to have their civil rights restored. Existing law further provides for the Board to consider such applications at a meeting after providing notice to the district attorney, the district judge of the county where the person was convicted and, if requested, to each victim of a crime committed by the person whose application is being considered. (NRS 213.010, 213.020, 213.040) Section 1 of this bill authorizes the Board to adopt a policy to provide for an expedited process for restoring the civil rights of certain persons under certain circumstances.  Passed 
   
• SJR 1 (3) (BDR 552)
  Proposes constitutional amendment to replace State Board of Pardons Commissioners with a Clemency Board appointed by Governor.  Passed Senate.  Passed.
   

     RAIN Position on Legislation

• (1) = High level of support (publicly stated)
• (2) = Moderate support
• (3) = Neutral
• (4) = Moderate Opposition
• (5) = Strong opposition (publicly stated)
• (6) = Proposal Awaiting Review by RAIN Board

Explanation of Symbols
†	BDRs that will result in legislation needing RAIN Board scrutiny
P	Passed by both houses of the Legislature
D	Did not pass
NA	No Action
E	Bills exempt from normal legislative deadlines. Can be acted upon until the end of the session.
*	Priority Bill