AB25 - Revises provisions relating to offenders. (BDR 16-296)

- 83rd Session (2025) Assembly Bill No. 25–Committee on Judiciary CHAPTER.......... AN ACT relating to offenders; revising requirements relating to the provision of certain medical services to women in the custody of the Department of Corrections; revising provisions relating to notarial acts performed for persons incarcerated in the state prison; eliminating the requirement that the Director of the Department establish and administer a program of regimental discipline; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Department of Corrections to provide a woman who is incarcerated access to certain necessary medical and behavioral health care services, including an annual pelvic examination and mammography. (NRS 209.3817) Section 1 of this bill narrows the applicability of this requirement by requiring the Department to provide a woman who is incarcerated access to an annual pelvic examination and mammography only if: (1) the woman is over a certain age; or (2) a provider of health care recommends that the woman receive such services based solely on the personal or family medical history of the woman or certain other risk factors. Existing law contains the Uniform Law on Notarial Acts, which provides the manner in which notarial acts must be performed, including that a notarial officer determine, from personal knowledge or satisfactory evidence, that a person is the person whose signature is on a document. (NRS 240.161-240.169, 240.1655) Section 5 of this bill provides that a notarial officer has satisfactory evidence that a person who is incarcerated in the state prison is the person whose signature is on a document if the person is identified upon the basis of: (1) an inmate identification card that is issued by the Department in accordance with regulations adopted by the Department and includes the name and a picture of the person; or (2) a declaration signed by the person under penalty of perjury attesting to his or her identity. Existing law: (1) requires the Director of the Department to establish and administer a program of regimental discipline to be used as an alternative to incarceration; and (2) authorizes a court to order certain defendants to undergo the program as an alternative to incarceration. (NRS 176A.630, 176A.770, 176A.780, 209.356) Sections 4 and 6 of this bill repeal this requirement and authorization. Sections 2 and 3 of this bill make conforming changes by removing references to a provision repealed by section 6. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 209.3817 is hereby amended to read as follows: 209.3817 1. The Department shall ensure that each woman who is assigned to an institution or facility completes a form at the – 2 – - 83rd Session (2025) time of intake to assess the needs of the woman while in the custody of the Department. The form must include, without limitation, questions relating to: (a) How recently the woman has received preventative gynecological care and, if applicable, obstetrical care; and (b) The needs of the woman for feminine hygiene products for the purpose of providing the woman with a suitable supply of feminine hygiene products. 2. The Department shall provide a woman who is in the custody of the Department access to necessary medical and behavioral health care services, including: (a) Counseling pertaining to mental health or a substance use disorder; (b) Medication prescribed for the treatment for mental health issues; (c) An annual pelvic examination [and mammography;] if: (1) The woman is over 21 years of age; or (2) A provider of health care recommends, based solely on the personal or family medical history of the woman or other risk factors for cervical cancer or gynecological health issues, that the woman receive such an examination before the woman reaches 21 years of age; (d) Annual mammography if: (1) The woman is over 40 years of age but less than 45 years of age and requests access to such services; (2) The woman is 45 years of age or older; or (3) A provider of health care recommends, based solely on the personal or family medical history of the woman or other risk factors for breast cancer or other health issues, that the woman receive such services before the woman reaches 45 years of age; and [(d)] (e) Any appropriate follow-up care necessary for a woman who receives an examination or mammography pursuant to paragraph (c) [.] or (d). 3. The Department shall provide a woman who is in the custody of the Department with a sufficient supply of feminine hygiene products at no cost. The Department shall provide the woman with a preferred type of feminine hygiene products upon request. A woman may at any time inform the Department of a need to adjust the supply of feminine hygiene products necessary to constitute a sufficient supply for the needs of the woman. 4. The Department shall adopt regulations necessary to carry out the provisions of this section. – 3 – - 83rd Session (2025) 5. As used in this section: (a) “Feminine hygiene product” means a sanitary napkin, tampon or other similar item used during a menstrual cycle. (b) “Mammography” has the meaning ascribed to it in NRS 457.182. Sec. 2. NRS 209.481 is hereby amended to read as follows: 209.481 1. [Except as otherwise provided in NRS 176A.780, the] The Director shall not assign any prisoner to an institution or facility of minimum security if the prisoner: (a) Except as otherwise provided in NRS 484C.400, 484C.410, 484C.430, 484C.440, 488.420, 488.425 and 488.427, is not eligible for parole or release from prison within a reasonable period; (b) Has recently committed a serious infraction of the rules of an institution or facility of the Department; (c) Has not performed the duties assigned to him or her in a faithful and orderly manner; (d) Has ever been convicted of a sexual offense that is punishable as a felony; (e) Has, within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony; or (f) Has attempted to escape or has escaped from an institution of the Department. 2. The Director shall, by regulation, establish procedures for classifying and selecting qualified prisoners. Sec. 3. NRS 176A.450 is hereby amended to read as follows: 176A.450 1. Except as otherwise provided in this section, by order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer. [A copy of the order must also be sent to the Director of the Department of Corrections if the probationer is under the supervision of the Director pursuant to NRS 176A.780.] 2. If the probationer is participating in a program of probation secured by a surety bond, the court shall not impose or modify the conditions of probation unless the court notifies the surety and: (a) Causes the original bond to be revoked and requires a new bond to which the original and the new conditions are appended and made part; or (b) Requires an additional bond to which the new conditions are appended and made part. – 4 – - 83rd Session (2025) 3. The court shall not modify a condition of probation or suspension of sentence that was imposed pursuant to NRS 176A.410, unless the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record. Sec. 4. NRS 176A.630 is hereby amended to read as follows: 176A.630 1. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it and consider the system of graduated sanctions adopted pursuant to NRS 176A.510, if applicable. Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation. If the court finds that the probationer committed a violation of a condition of probation that is not a technical violation, the court may: (a) Continue or revoke the probation or suspension of sentence; (b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660; (c) [Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780; (d)] Cause the sentence imposed to be executed; or [(e)] (d) Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division. The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this paragraph. The Chief Parole and Probation Officer must not – 5 – - 83rd Session (2025) be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this paragraph is confidential. 2. If the court finds that the probationer committed one or more technical violations of the conditions of probation and the Division has determined that the graduated sanctions adopted pursuant to NRS 176A.510 have been exhausted, the court may: (a) Continue the probation or suspension of sentence; (b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660; (c) Temporarily revoke the probation or suspension of sentence and impose a term of imprisonment of not more than: (1) Thirty days for the first temporary revocation; (2) Ninety days for the second temporary revocation; or (3) One hundred and eighty days for the third temporary revocation; (d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation; or (e) Revoke the probation or suspension of sentence at the request of the probationer. If the probation or suspension of sentence is revoked pursuant to this paragraph, the probationer must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the court. 3. Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of the conditions of probation must be brought before the court not later than 15 calendar days after the date of arrest and detention. If the person is not brought before the court within 15 calendar days, the probationer must be released from detention and returned to probation status. Following a probationer’s release from detention, the court may subsequently hold a hearing to determine if a technical violation has occurred. If the court finds that such a technical violation occurred, the court may: (a) Continue probation and modify the terms and conditions of probation; or (b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2. 4. A probationer who is arrested and detained for committing a technical violation of the conditions of probation must receive credit – 6 – - 83rd Session (2025) for any time served while the probationer is waiting for a hearing to determine if a technical violation has occurred. The court must apply such credit to any term of imprisonment imposed pursuant to subsection 2. 5. Any time served by a probationer while waiting for a hearing, as set forth in subsection 4, and any time served in accordance with any term of imprisonment imposed pursuant to subsection 2 must be applied toward the original sentence of the probationer. 6. The commission of one of the following acts by a probationer must not, by itself, be used as the only basis for the revocation of probation: (a) Consuming any alcoholic beverage. (b) Testing positive on a drug or alcohol test. (c) Failing to abide by the requirements of a mental health or substance use treatment program. (d) Failing to seek and maintain employment. (e) Failing to pay any required fines or fees. (f) Failing to report any changes in residence. 7. As used in this section, “technical violation” has the meaning ascribed to it in NRS 176A.510. Sec. 5. NRS 240.1655 is hereby amended to read as follows: 240.1655 1. A notarial act must be evidenced by a certificate that: (a) Identifies the county, including, without limitation, Carson City, in this State in which the notarial act was performed in substantially the following form: State of Nevada County of ..................................... (b) Except as otherwise provided in this paragraph, includes the name of the person whose signature is being notarized. If the certificate is for certifying a copy of a document, the certificate must include the name of the person presenting the document. If the certificate is for the jurat of a subscribing witness, the certificate must include the name of the subscribing witness. (c) Is signed and dated in ink by the notarial officer performing the notarial ac [Text truncated for display. Full text available on LegiScan.]