AB91 - Revises provisions relating to parole. (BDR 16-500)

EXEMPT (Reprinted with amendments adopted on May 28, 2025) SECOND REPRINT A.B. 91 - *AB91_R2* ASSEMBLY BILL NO. 91–COMMITTEE ON JUDICIARY (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON JUDICIARY) PREFILED JANUARY 6, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to parole. (BDR 16-500) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to parole; authorizing the State Board of Parole Commissioners to grant second look review to certain persons; making certain persons convicted of certain crimes committed when the person was less than 25 years of age eligible for parole after serving a certain number of years of incarceration; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the State Board of Parole Commissioners to grant 1 geriatric parole to a person who is 65 years of age or older and meets certain 2 criteria. (NRS 213.12155) Section 1 of this bill likewise authorizes the Board to 3 grant second look review to a person convicted of a category A or B felony if the 4 person: (1) has not been sentenced to death; (2) does not pose a significant and 5 articulable risk to public safety; (3) has served not less than 10 years of the 6 minimum term or minimum aggregate term of imprisonment, as applicable, 7 imposed by the court; and (4) meets certain other criteria. Section 1 also prescribes: 8 (1) the procedure for initiating consideration for second look review; and (2) certain 9 requirements relating to scheduling and conducting a second look review hearing. 10 Finally, section 1 requires the Board to prescribe the terms and conditions of 11 release for a person for whom a second look review was conducted and provides 12 that any such person is under the supervision of the Division of Parole and 13 Probation of the Department of Public Safety. Section 2 of this bill makes a 14 conforming change to make certain existing definitions applicable to section 1. 15 Existing law makes a prisoner who was sentenced for certain offenses that were 16 committed when he or she was less than 18 years of age eligible for parole after the 17 prisoner has served: (1) 15 calendar years of incarceration, if the prisoner is 18 incarcerated for having been convicted of an offense that did not result in the death 19 – 2 – - *AB91_R2* of a victim; or (2) 20 calendar years of incarceration, if the prisoner is incarcerated 20 for having been convicted of an offense that resulted in the death of only one 21 victim. (NRS 213.12135) Section 3 of this bill makes a prisoner eligible for parole 22 under these conditions when the prisoner was sentenced for an offense that was 23 committed when he or she was less than 25 years of age, rather than 18 years of 24 age. 25 Section 4 of this bill provides that the amendatory provisions of sections 1 and 26 3 apply to an offense committed before, on or after January 1, 2026. 27 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 213 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Notwithstanding any other provision of law, the Board may 3 grant second look review to a prisoner convicted of a category A or 4 B felony if the prisoner: 5 (a) Has not been sentenced to death; 6 (b) Does not pose a significant and articulable risk to public 7 safety; and 8 (c) Has served not less than 10 years of the minimum term or 9 minimum aggregate term of imprisonment, as applicable, imposed 10 by the court. 11 2. Consideration for second look review may be initiated by 12 the submission of a written application and supporting 13 documentation to the Board, including, without limitation, 14 relevant medical records, plans for parole, program participation 15 records, institutional records and any other relevant documents, 16 from: 17 (a) A prison official or employee; 18 (b) A prisoner; 19 (c) An attorney or representative of a prisoner; 20 (d) A family member of a prisoner; or 21 (e) A medical or mental health professional. 22 3. Not later than 15 days after receipt of an application 23 submitted pursuant to subsection 2, the Board shall notify 24 the Department of the application and request verification of the 25 length of time the prisoner has spent in the custody of the 26 Department. 27 4. Upon receipt of a request from the Board submitted 28 pursuant to subsection 3, if the Department determines that the 29 prisoner: 30 (a) Meets the criteria set forth in subsection 1, the Department 31 shall: 32 (1) Notify the Board of the prisoner’s eligibility for second 33 look review; 34 – 3 – - *AB91_R2* (2) Place the prisoner on the next available list of persons 1 eligible for second look review; and 2 (3) Provide to the Board a report prepared in accordance 3 with paragraph (c) of subsection 1 of NRS 213.131. 4 (b) Does not meet the criteria set forth in subsection 1, the 5 Department shall notify the Board and explain the reasons for 6 such a determination. 7 5. Upon receipt of the list of persons eligible for second look 8 review, the Board shall, after sending copies of the list to all law 9 enforcement agencies in this State and other appropriate persons 10 in accordance with subsection 5 of NRS 213.1085, schedule a 11 hearing to conduct the second look review of an eligible prisoner 12 whose name appears on the list. 13 6. Except as otherwise provided in subsection 7, the Board 14 shall schedule and conduct the second look review hearing of a 15 prisoner in the same general manner in which other prisoners are 16 considered for parole. The Board shall notify the prisoner and, if 17 applicable, the person who submitted the application pursuant to 18 subsection 2 of the date, time and location of the second look 19 review hearing. 20 7. In determining whether to grant second look review to a 21 prisoner, the Board may consider: 22 (a) The written application and supporting documentation 23 submitted to the Board pursuant to subsection 2; 24 (b) The age of the prisoner at the time the application was 25 submitted pursuant to subsection 2 in conjunction with any 26 relevant research presented at the hearing concerning the impact 27 of aging on the behavior of a person; 28 (c) The behavior of the prisoner while in custody, including, 29 without limitation: 30 (1) Any disciplinary action taken against the prisoner; and 31 (2) Whether the prisoner has completed a program of 32 general education, an industrial or vocational training program or 33 any other program for rehabilitation or treatment; 34 (d) Any victim impact statement, other documents or testimony 35 submitted by the victim; 36 (e) Any evidence indicating that the sentence imposed was 37 inconsistent with the public policy set forth in NRS 176.0131 or 38 any state laws, regulations or guidelines relating to sentencing; 39 (f) Whether a stable plan for the release of the prisoner exists; 40 (g) Whether the prisoner has support available to him or her 41 in the community or from his or her family; and 42 (h) Any other evidence the Board deems relevant for purposes 43 of determining whether the release of the prisoner would benefit, 44 or would not be dangerous to, society or the prisoner. 45 – 4 – - *AB91_R2* 8. Upon making a final decision concerning the second look 1 review of a prisoner, the Board shall provide written notice to the 2 prisoner of its decision in accordance with subsection 11 of 3 NRS 213.131. 4 9. At the time of the release of a prisoner for whom a second 5 look review was conducted, the Board shall prescribe the terms 6 and conditions of his or her release. 7 10. A person who is released pursuant to this section is under 8 the supervision of the Division. The Division is responsible for 9 supervising the person’s compliance with the terms and conditions 10 of release prescribed by the Board. 11 11. Except as otherwise provided in this subsection, the 12 Board shall not take any action on an application submitted 13 pursuant to subsection 2 if the prisoner to whom the application 14 pertains was previously denied second look review and less than 15 24 months have elapsed since the most recent denial. The Board 16 may take action on such an application if a shorter period has 17 been prescribed by the Board or a request is made by the Director 18 of the Department. 19 12. The provisions of this section are not intended to replace 20 the provisions relating to the general eligibility and consideration 21 of parole provided in NRS 213.1099 and 213.1215. 22 13. The Board shall adopt any regulations necessary to carry 23 out the provisions of this section. 24 14. As used in this section: 25 (a) “Department” means the Department of Corrections. 26 (b) “Relative” of a person includes: 27 (1) A spouse, parent, grandparent or stepparent; 28 (2) A natural born child, stepchild or adopted child; 29 (3) A grandchild, brother, sister, half brother or half sister; 30 or 31 (4) A parent of a spouse. 32 (c) “Victim” includes: 33 (1) A person against whom a crime has been committed; 34 and 35 (2) A relative of a person described in subparagraph (1). 36 Sec. 2. NRS 213.107 is hereby amended to read as follows: 37 213.107 As used in NRS 213.107 to 213.157, inclusive, and 38 section 1 of this act, unless the context otherwise requires: 39 1. “Board” means the State Board of Parole Commissioners. 40 2. “Chief” means the Chief Parole and Probation Officer. 41 3. “Division” means the Division of Parole and Probation of 42 the Department of Public Safety. 43 – 5 – - *AB91_R2* 4. “Residential confinement” means the confinement of a 1 person convicted of a crime to his or her place of residence under 2 the terms and conditions established by the Board. 3 5. “Responsivity factors” means characteristics of a person that 4 affect his or her ability to respond favorably or unfavorably to any 5 treatment goals. 6 6. “Risk and needs assessment” means a validated, 7 standardized actuarial tool that identifies risk factors that increase 8 the likelihood of a person reoffending and factors that, when 9 properly addressed, can reduce the likelihood of a person 10 reoffending. 11 7. “Sex offender” means any person who has been or is 12 convicted of a sexual offense. 13 8. “Sexual offense” has the meaning ascribed to it in 14 NRS 179D.097. 15 9. “Standards” means the objective standards for granting or 16 revoking parole or probation which are adopted by the Board or the 17 Chief. 18 Sec. 3. NRS 213.12135 is hereby amended to read as follows: 19 213.12135 1. Notwithstanding any other provision of law, 20 except as otherwise provided in subsection 2 or unless a prisoner is 21 subject to earlier eligibility for parole pursuant to any other 22 provision of law, a prisoner who was sentenced [as an adult] for an 23 offense that was committed when he or she was less than [18] 25 24 years of age is eligible for parole as follows: 25 (a) For a prisoner who is serving a period of incarceration for 26 having been convicted of an offense or offenses that did not result in 27 the death of a victim, after the prisoner has served 15 calendar years 28 of incarceration, including any time served in a county jail. 29 (b) For a prisoner who is serving a period of incarceration for 30 having been convicted of an offense or offenses that resulted in the 31 death of only one victim, after the prisoner has served 20 calendar 32 years of incarceration, including any time served in a county jail. 33 2. The provisions of this section do not apply to a prisoner who 34 is serving a period of incarceration for having been convicted of an 35 offense or offenses that resulted in the death of two or more victims. 36 Sec. 4. The amendatory provisions of sections 1 and 3 of this 37 act apply to an offense committed before, on or after January 1, 38 2026. 39 Sec. 5. 1. This section becomes effective upon passage and 40 approval. 41 2. Sections 1 to 4, inclusive, of this act become effective: 42 (a) Upon passage and approval for the purpose of adopting any 43 regulations and performing any administrative tasks that are 44 necessary to carry out the provisions of this act; and 45 – 6 – - *AB91_R2* (b) On January 1, 2026, for all other purposes. 1 H