AB408 - Revises provisions relating to victims of crime. (BDR 16-587)

A.B. 408 - *AB408* ASSEMBLY BILL NO. 408–ASSEMBLYMEMBER YUREK MARCH 12, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to victims of crime. (BDR 16-587) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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 victims of crime; repealing, replacing and revising certain provisions requiring the notification of certain victims of crime upon changes in the custody status of an offender related to release, escape, residential confinement, clemency and parole; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes a statewide automated victim information and 1 notification system known as the Victim Information Notification Everyday System 2 in the Office of the Attorney General. The System consists of a toll-free telephone 3 number and an Internet website through which a victim of crime or member of the 4 public may register to receive certain information concerning a change in the 5 custody status of an offender. (NRS 228.205) Existing law also authorizes the State 6 Board of Parole Commissioners to enter into an agreement with the manager of an 7 automated victim notification system that is capable of automatically notifying 8 registered victims by telephone or electronic means of certain information related to 9 a consideration of parole or certain terms of residential confinement. (NRS 10 213.10915) Section 19 of this bill repeals these provisions related to the 11 notification of victims of crime. 12 Instead, section 2 of this bill requires the Department of Corrections to 13 establish an automated victim notification system that is capable of notifying 14 victims of crime by telephone or electronic means of certain information 15 concerning the residential confinement, parole, clemency, escape or release of an 16 offender. Section 3 of this bill authorizes the Department to enter into an agreement 17 with a person to manage the automated victim notification system established by 18 section 2, prescribes the manner in which the person may be selected by the 19 Department and requires the agreement to contain certain terms. 20 Existing law requires the Director of the Department of Corrections to notify a 21 victim of crime by mail of the release or escape of an offender, if the victim 22 provides a current address and requests notification. (NRS 209.521) Section 18 23 – 2 – - *AB408* repeals these provisions related to notice by mail of the release or escape of an 24 offender. Instead, section 2 requires the notice of the release or escape of an 25 offender to be provided by the newly established automated victim notification 26 system to victims of crime who are registered with the system. 27 Existing law provides that if any victim of a crime committed by an offender 28 requests to be notified of certain events concerning the offender, the Division of 29 Parole and Probation of the Department of Public Safety or the Department of 30 Corrections, as applicable, is required to mail a notice to the victim under certain 31 circumstances related to the residential confinement of the offender and advise the 32 victim that the victim may submit certain documents concerning the matter. (NRS 33 209.392, 209.3923, 209.3925, 209.429) However, existing law provides that if the 34 victim registers with the automated victim notification system utilized by the State 35 Board of Parole Commissioners, such notices related to residential confinement 36 may be provided by the automated victim notification system instead of by mail. 37 (NRS 213.10915) Sections 4-7 of this bill remove the requirement for the Division 38 of Parole and Probation or Department of Corrections, as applicable, to provide 39 such notices related to residential confinement to victims by mail. Instead, section 40 2 requires the newly established automated victim notification system to provide 41 such notices related to residential confinement to victims who are registered with 42 the new system. 43 Existing law authorizes the State Board of Pardons Commissioners to consider 44 applications for clemency. Existing law requires the Board to provide notice by 45 mail of a meeting to consider an application for clemency to each victim of a crime 46 committed by the applicant for clemency. (NRS 213.010) Section 8 of this bill 47 removes the requirement for the Board to mail notice of the meeting. Instead, 48 section 2 requires the notice to be provided by the newly established automated 49 victim notification system. Section 9 of this bill makes a conforming change related 50 to the provision of notice related to clemency by the newly established automated 51 victim notification system. 52 Existing law requires the State Board of Parole Commissioners to mail a notice 53 to a victim of crime concerning the date of a parole hearing of a prisoner and the 54 right of the victim to testify at the hearing, if the victim has requested notification 55 and provided a mailing address to the Board. (NRS 213.131) However, existing law 56 provides that if the victim registers with the automated victim notification system 57 utilized by the Board, such notices related to parole are provided by the automated 58 victim notification system instead of by mail. (NRS 213.10915) Section 14 of this 59 bill removes the requirement for the Board to provide the notices related to a parole 60 hearing by mail. Instead, section 2 requires the newly established automated victim 61 notification system to provide such notices related to parole to victims of crime 62 who are registered with the new system. Sections 11-13 and 15 of this bill make 63 conforming changes related to the provision of notices related to parole through the 64 newly established automatic victim notification system. Section 10 of this bill 65 defines the term “automated victim notification system” for the purposes of 66 sections 11-15. 67 Sections 16 and 17 of this bill make conforming changes to reflect: (1) the 68 removal or repeal of the provisions concerning notice by mail in sections 4-8, 14 69 and 18; and (2) the provision of notice through the newly established automated 70 victim notification system under section 2. 71 – 3 – - *AB408* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 209 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. The Department, in consultation with the 3 Department of Public Safety, the State Board of Pardons 4 Commissioners and the State Board of Parole Commissioners, 5 shall establish and maintain an automated victim notification 6 system to notify victims of crime by telephone or electronic means 7 of: 8 (a) The release of the offender into the community; 9 (b) The escape of the offender from the custody of the 10 Department; 11 (c) The request of an offender to serve a term of residential 12 confinement pursuant to NRS 209.392; 13 (d) The intent of the Director to assign an offender to the 14 custody of the Division of Parole and Probation of the Department 15 of Public Safety to serve a term of residential confinement or other 16 appropriate supervision determined by the Division of Parole and 17 Probation pursuant to NRS 209.3923 or 209.3925; 18 (e) The intent to assign, or the approval of the assignment of, 19 an offender to the custody of the Division of Parole and Probation 20 of the Department of Public Safety to serve a term of residential 21 confinement pursuant to NRS 209.429; 22 (f) The date of a meeting of the State Board of Pardons 23 Commissioners to consider an application for clemency pursuant 24 to NRS 213.010; 25 (g) The date of a meeting of the State Board of Parole 26 Commissioners to consider a prisoner for parole pursuant to NRS 27 213.131; and 28 (h) The parole of a prisoner by the State Board of Parole 29 Commissioners pursuant to NRS 213.131. 30 2. A notice pursuant to paragraphs (c), (d) and (e) of 31 subsection 1 must advise the victim that the victim may submit 32 documents for consideration in the noticed matter. 33 3. A notice pursuant to paragraph (f) of subsection 1 must: 34 (a) Be given not later than 15 days before the meeting; and 35 (b) Advise the victim that the victim may submit a written 36 response for consideration at the meeting. 37 4. A notice pursuant to paragraph (g) of subsection 1 must: 38 (a) Be given not later than 5 days after the date on which the 39 State Board of Parole Commissioners fixes the date for the 40 meeting; and 41 – 4 – - *AB408* (b) Advise the victim that the victim may submit documents 1 and testify at the meeting. 2 5. A prosecuting attorney shall: 3 (a) Provide information concerning the automated victim 4 notification system to each victim; and 5 (b) Register each victim that requests inclusion in the 6 automated victim notification system. 7 6. The automated victim notification system must authorize a 8 victim to update any contact information included in the 9 automated victim notification system. 10 7. The failure of the automated victim notification system to 11 notify a victim of a change in the custody status of an offender 12 described in subsection 1 does not establish a basis for any cause 13 of action by the victim or any other party against the State, its 14 political subdivisions, or the agencies, boards, commissions, 15 departments, officers or employees of the State or its political 16 subdivisions. 17 8. The contact information of a victim and any document or 18 written response provided by a victim as described in this section is 19 confidential. 20 Sec. 3. 1. The Department may enter into an agreement 21 with a person to manage the automated victim notification system 22 established by section 2 of this act. 23 2. The selection of a person described in subsection 1 must be 24 made every 5 years through an open competitive bidding process. 25 3. An agreement entered into pursuant to subsection 1 must: 26 (a) Require the person to provide quarterly reports to the 27 Governor which: 28 (1) Identify any third party who has been given access to 29 information contained in the automated victim notification system 30 during the previous quarter; 31 (2) Provide the number of notification errors that resulted 32 during the previous quarter from the automated victim notification 33 system; and 34 (3) Detail how any funds received from the Federal 35 Government for the automated victim notification system have 36 been spent by the person, including, without limitation, if the 37 funds have been used to upgrade or provide improvements to the 38 automated victim notification system and whether the upgrades 39 and improvements have reduced the number of notification errors 40 or otherwise resulted in quantifiable improvements in the 41 accuracy or reliability of the automated victim notification system; 42 (b) Except for the purpose of notifying a victim pursuant to 43 section 2 of this act, prohibit the person from selling or sharing 44 the information contained in the automated victim notification 45 – 5 – - *AB408* system without first obtaining the written consent of the 1 Department; and 2 (c) If the selling or sharing of information contained in the 3 automated victim notification system is authorized pursuant to 4 paragraph (b), require the person to comply with all applicable 5 laws concerning the sharing or selling of the data. 6 4. The Department shall notify any governmental entity that 7 submits information to the automated victim notification system 8 before modifying or terminating an agreement entered into 9 pursuant to subsection 1. 10 Sec. 4. NRS 209.392 is hereby amended to read as follows: 11 209.392 1. Except as otherwise provided in NRS 209.3923, 12 209.3925 and 209.429, the Director may, at the request of an 13 offender who is eligible for residential confinement pursuant to the 14 standards adopted by the Director pursuant to subsection 3 and who 15 has: 16 (a) Demonstrated a willingness and ability to establish a position 17 of employment in the community; 18 (b) Demonstrated a willingness and ability to enroll in a 19 program for education or rehabilitation; or 20 (c) Demonstrated an ability to pay for all or part of the costs of 21 the offender’s confinement and to meet any existing obligation for 22 restitution to any victim of his or her crime, 23  assign the offender to the custody of the Division of Parole and 24 Probation of the Department of Public Safety to serve a term of 25 residential confinement, pursuant to NRS 213.380, for not longer 26 than the remainder of his or her sentence. 27 2. Upon receiving a request to serve a term of residential 28 confinement from an eligible offender, the Director shall notify the 29 Division of Parole and Probation. [Except as otherwise provided in 30 NRS 213.10915, if any victim of a crime committed by the offender 31 has, pursuant to subsection 4 of NRS 213.131, requested to be 32 notified of the consideration of a prisoner for parole and has 33 provided a current address, the Division of Parole and Probation 34 shall notify the victim of the offender’s request and advise the 35 victim that the victim may submit documents regarding the request 36 to the Division of Parole and Probation. If a current address has not 37 been provided as required by subsection 4 of NRS 213.131, the 38 Division of Parole and Probation must not be held responsible if 39 such notification is not received by the victim. All personal 40 information, including, but not limited to, a current or former 41 address, which pertains to a victim and which is received by the 42 Division of Parole and Probation pursuant to this subsection is 43 confidential.] 44 – 6 – - *AB408* 3. The Director, after consulting with the Division of Parole 1 and Probation, shall adopt, by regulation, standards providing which 2 offenders are eligible for residential confinement. The standards 3 adopted by the Director must provide that an offender who: 4 (a) Has recently committed a serious infraction of the rules of an 5 institution or facility of the Department; 6 (b) Has [Text truncated for display. Full text available on LegiScan.]