S.B. 103
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SENATE BILL NO. 103–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON JUDICIARY)
PREFILED FEBRUARY 2, 2023
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing the Nevada Sentencing
Commission within the Department of Sentencing
Policy. (BDR 14-308)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to criminal justice; revising the membership,
powers and duties of the Nevada Sentencing Commission;
requiring the Sentencing Commission to conduct an
interim study concerning the sentences imposed for
misdemeanor offenses in this State; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Nevada Sentencing Commission within the 1
Department of Sentencing Policy, prescribes the membership of the Sentencing 2
Commission and sets forth various powers and duties of the Sentencing 3
Commission. (NRS 176.0133, 176.0134) Section 2 of this bill revises the 4
membership of the Sentencing Commission to remove a member appointed by the 5
Governor and add: (1) a member who is the Chief of Staff to the Governor or his or 6
her designee; (2) a member who is a district attorney; (3) a member who is a 7
representative of the Central Repository for Nevada Records of Criminal History; 8
(4) a member who has expertise in certain sentencing policies and practices; and (5) 9
a member who is a faculty member in the Nevada System of Higher Education. 10
Section 2 also: (1) prescribes certain additional requirements relating to members 11
of the Sentencing Commission who are district attorneys; and (2) authorizes the 12
Sentencing Commission to establish working groups, task forces and similar 13
entities to assist in its work. 14
Section 3 of this bill removes certain specific requirements relating to 15
recommendations of the Sentencing Commission. Section 3 also removes 16
requirements that the Sentencing Commission: (1) provide certain training 17
regarding sentencing; (2) act as a sentencing policy resource for this State; and (3) 18
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propose and recommend statutory sentencing guidelines. Section 1 of this bill 19
makes a conforming change relating to the duties of the Sentencing Commission. 20
Section 4 of this bill requires the Sentencing Commission to conduct an interim 21
study concerning the sentences imposed for misdemeanor offenses in this State. 22
Section 4 requires that such a study include an evaluation of: (1) the offenses 23
punishable as misdemeanors in this State; (2) the laws governing misdemeanor 24
offenses in other states and territories of the United States; and (3) any other data 25
the Sentencing Commission determines is relevant to the study. Section 4 requires 26
the Sentencing Commission to submit a report of the results of the study and any 27
recommendations for legislation to the Joint Interim Standing Committee on the 28
Judiciary and the Director of the Legislative Counsel Bureau for transmittal to the 29
83rd Session of the Nevada Legislature. 30
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.01327 is hereby amended to read as 1
follows: 2
176.01327 The Executive Director appointed pursuant to NRS 3
176.01323 shall: 4
1. Oversee all of the functions of the Department. 5
2. Serve as Executive Secretary of the Sentencing Commission 6
without additional compensation. 7
3. Report to the Sentencing Commission on sentencing and 8
related issues regarding the functions of the Department and provide 9
such information to the Sentencing Commission as requested. 10
4. Assist the Sentencing Commission in determining necessary 11
and appropriate recommendations to assist in carrying out the 12
responsibilities of the Department. 13
5. Establish the budget for the Department. 14
6. Facilitate the collection and aggregation of data from the 15
courts, Department of Corrections, Division of Parole and Probation 16
of the Department of Public Safety and any other agency of criminal 17
justice. 18
7. Identify variables or sets of data concerning criminal justice 19
that are not currently collected or shared across agencies of criminal 20
justice within this State. 21
8. Assist in preparing and submitting the comprehensive report 22
required to be prepared by the Sentencing Commission pursuant to 23
subsection [11] 5 of NRS 176.0134. 24
9. Assist the Sentencing Commission in carrying out its duties 25
pursuant to subsections 2 and 3 of NRS 176.01347 relating to the 26
calculation of the costs avoided by this State for the immediately 27
preceding fiscal year because of the enactment of chapter 633, 28
Statutes of Nevada 2019, and in preparing a report containing the 29
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projected amount of such costs for the next biennium and 1
recommendations for the reinvestment of the amount of the costs. 2
10. Take any other actions necessary to carry out the powers 3
and duties of the Sentencing Commission pursuant to NRS 4
176.0131 to 176.014, inclusive. 5
Sec. 2. NRS 176.0133 is hereby amended to read as follows: 6
176.0133 1. The Nevada Sentencing Commission is hereby 7
created within the Department. The Sentencing Commission 8
consists of: 9
(a) One member [appointed by] who is the Chief of Staff to the 10
Governor [;] or his or her designee; 11
(b) One member who is a justice of the Supreme Court of 12
Nevada or a retired justice of the Supreme Court of Nevada, 13
appointed by the Chief Justice of the Supreme Court of Nevada; 14
(c) Two members who are judges appointed by the Chief Justice 15
of the Supreme Court of Nevada; 16
(d) One member who is a representative of the Administrative 17
Office of the Courts appointed by the Chief Justice of the Supreme 18
Court of Nevada; 19
(e) The Director of the Department of Corrections; 20
(f) One member who is a representative of the Office of the 21
Attorney General, appointed by the Attorney General; 22
(g) [One member who is a district attorney,] Two members 23
appointed by the governing body of the Nevada District Attorneys 24
Association [;] , one of whom must be a district attorney in a 25
county whose population is 100,000 or more and one of whom 26
must be a district attorney in a county whose population is less 27
than 100,000; 28
(h) One member who is a representative of the Office of the 29
Clark County Public Defender, appointed by the head of the Office 30
of the Clark County Public Defender; 31
(i) One member who is a representative of the Office of the 32
Washoe County Public Defender, appointed by the head of the 33
Office of the Washoe County Public Defender; 34
(j) One member who is an attorney in private practice, 35
experienced in defending criminal actions, appointed by the 36
governing body of the State Bar of Nevada; 37
(k) One member who has been a victim of a crime or is a 38
representative of an organization supporting the rights of victims of 39
crime, appointed by the Governor; 40
(l) One member who is a member of the State Board of Parole 41
Commissioners, appointed by the State Board of Parole 42
Commissioners; 43
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(m) One member who is a representative of the Division of 1
Parole and Probation of the Department of Public Safety, appointed 2
by the Governor; 3
(n) One member who is a representative of the Nevada Sheriffs’ 4
and Chiefs’ Association, appointed by the Nevada Sheriffs’ and 5
Chiefs’ Association; 6
(o) One member who is a representative of the Las Vegas 7
Metropolitan Police Department, appointed by the Sheriff of Clark 8
County; 9
(p) One member who is a representative of the Division of 10
Public and Behavioral Health of the Department of Health and 11
Human Services; 12
(q) One member who is a representative of an organization that 13
advocates on behalf of inmates, appointed by the Governor; 14
(r) Two members who are Senators, one of whom is appointed 15
by the Majority Leader of the Senate and one of whom is appointed 16
by the Minority Leader of the Senate; 17
(s) Two members who are members of the Assembly, one of 18
whom is appointed by the Speaker of the Assembly and one of 19
whom is appointed by the Minority Leader of the Assembly; 20
(t) The Director of the Department of Employment, Training 21
and Rehabilitation; [and] 22
(u) One member who is a representative of an organization that 23
works with offenders upon release from incarceration to assist in 24
reentry into the community appointed by the Chair of the 25
Legislative Commission [.] ; 26
(v) One member who is a representative of the Central 27
Repository for Nevada Records of Criminal History, appointed by 28
the Director of the Department of Public Safety; 29
(w) One member appointed by the Chair of the Legislative 30
Commission who has expertise in: 31
(1) The policies and practices regarding misdemeanor 32
sentencing which are employed in this State and other states; and 33
(2) Administrative assessments, fines and fees imposed 34
upon persons involved in the criminal justice system in this State 35
and other states; and 36
(x) One member who is a faculty member of the University of 37
Nevada, Las Vegas, or the University of Nevada, Reno, appointed 38
by the Governor. 39
2. The Executive Director shall serve as the Executive 40
Secretary of the Sentencing Commission. 41
3. If any organization listed in subsection 1 ceases to exist, the 42
appointment required pursuant to that subsection must be made by 43
the association’s successor in interest, or, if there is no successor in 44
interest, by the Governor. 45
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4. Each appointed member serves a term of 2 years. Members 1
may be reappointed for additional terms of 2 years in the same 2
manner as the original appointments. Any vacancy occurring in the 3
membership of the Sentencing Commission must be filled in the 4
same manner as the original appointment not later than 30 days after 5
the vacancy occurs. 6
5. The Legislators who are members of the Sentencing 7
Commission are entitled to receive the salary provided for a 8
majority of the members of the Legislature during the first 60 days 9
of the preceding session for each day’s attendance at a meeting of 10
the Sentencing Commission. 11
6. At the first regular meeting of each odd-numbered year, the 12
members of the Sentencing Commission shall elect a Chair by 13
majority vote who shall serve until the next Chair is elected. 14
7. The Sentencing Commission shall: 15
(a) Hold its first meeting on or before September 1 of each odd-16
numbered year; and 17
(b) Meet at least once every 3 months and may meet at such 18
further times as deemed necessary by the Chair. 19
8. A member of the Sentencing Commission may designate a 20
nonvoting alternate to attend a meeting in his or her place. 21
9. A majority of the members of the Sentencing Commission 22
constitutes a quorum for the transaction of business, and a majority 23
of those members present at any meeting is sufficient for any 24
official action taken by the Sentencing Commission. A nonvoting 25
alternate designated by a member pursuant to subsection 8 who 26
attends a meeting of the Sentencing Commission for which the 27
alternate is designated shall be deemed to be a member of the 28
Sentencing Commission for the purpose of determining whether a 29
quorum exists. 30
10. While engaged in the business of the Sentencing 31
Commission, to the extent of legislative appropriation, each member 32
of the Sentencing Commission is entitled to receive the per diem 33
allowance and travel expenses provided for state officers and 34
employees generally. 35
11. The Sentencing Commission may establish such working 36
groups, task forces and similar entities from within or outside its 37
membership as necessary to address specific issues or otherwise to 38
assist in its work. 39
Sec. 3. NRS 176.0134 is hereby amended to read as follows: 40
176.0134 The Sentencing Commission shall: 41
1. [Advise the Legislature on proposed legislation and make 42
recommendations with respect to all matters relating to the elements 43
of this State’s system of criminal justice which affect the sentences 44
imposed for felonies and gross misdemeanors. 45
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2.] Evaluate and study the effectiveness and fiscal impact of 1
various policies and practices regarding sentencing which are 2
employed in this State and other states, including, without 3
limitation, the use of plea bargaining, probation, programs of 4
enhanced supervision, programs of regimental discipline, 5
imprisonment, sentencing recommendations, mandatory and 6
minimum sentencing, mandatory sentencing for crimes involving 7
the possession, manufacture and distribution of controlled 8
substances, enhanced penalties for habitual criminals, parole, credits 9
against sentences, residential confinement and alternatives to 10
incarceration. 11
[3.] 2. Recommend changes in the structure of sentencing in 12
this State which [, to] : 13
(a) Are consistent with the public policy set forth in NRS 14
176.0131; and 15
(b) To the extent practicable and with consideration for their 16
fiscal impact, incorporate general objectives and goals for 17
sentencing . [, including, without limitation, the following: 18
(a) Offenders must receive sentences that increase in direct 19
proportion to the severity of their crimes and their histories of 20
criminality. 21
(b) Offenders who have extensive histories of criminality or 22
who have exhibited a propensity to commit crimes of a predatory or 23
violent nature must receive sentences which reflect the need to 24
ensure the safety and protection of the public and which allow for 25
the imprisonment for life of such offenders. 26
(c) Offenders who have committed offenses that do not include 27
acts of violence and who have limited histories of criminality must 28
receive sentences which reflect the need to conserve scarce 29
economic resources through the use of various alternatives to 30
traditional forms of incarceration. 31
(d) Offenders with similar histories of criminality who are 32
convicted of similar crimes must receive sentences that are generally 33
similar. 34
(e) Offenders sentenced to imprisonment must receive sentences 35
which do not confuse or mislead the public as to the actual time 36
those offenders must serve while incarcerated or before being 37
released from confinement or supervision. 38
(f) Offenders must not receive disparate sentences based upon 39
factors such as race, gender or economic status. 40
(g) Offenders must receive sentences which are based upon the 41
specific circumstances and facts of their offenses, including the 42
nature of the offense and any aggravating factors, the savagery of 43
the offense, as evidenced by the extent of any injury to the victim, 44
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and the degree of criminal sophistication demonstrated by the 1
offender’s acts before, during and after commission of the offense. 2
4.] 3. Facilitate the development and maintenance of a 3
statewide sentencing database in collaboration with state and local 4
agencies, using existing databases or resources where appropriate. 5
[5. Provide training regarding sentencing and related issues, 6
policies and practices, and act as a sentencing policy resource for 7
this State. 8
6. Evaluate the impact of pretrial, sentencing diversion, 9
incarceration and postrelease supervision programs. 10
7. Identify potential areas of sentencing disparity related to 11
race, gender and economic status. 12
8. Propose and recommend statutory sentencing guidelines, 13
based on reasonable offense and offender characteristics which aim 14
to preserve judicial discretion and provide for individualized 15
sentencing, for the use of the district courts. If such guidelines are 16
enacted by the Legislature, the Sentencing Commission shall review 17
and propose any recommended changes. 18
9. Evaluate whether sentencing guidelines recommended 19
pursuant to subsection 8 should be mandatory and if judicial 20
findings should be required for any departures from the sentencing 21
guidelines. 22
10.] 4. Provide recommendations and advice to the Executive 23
Director concerning the administration of the Department, 24
including, without limitation: 25
(a) Receiving reports from the Executive Director and providing 26
advice to the Executive Director concerning measures to be taken by 27
the Department to ensure compliance with the duties of the 28
Sentencing Commission. 29
(b) Reviewing information from the Department regarding 30
sentencing of offenders in this State. 31
(c) Requesting any audit, investigation or review the Sentencing 32
Commission deems necessary to carry out the duties of the 33
Sentencing Commission. 34
(d) Coordinating with the Executive Director regarding the 35
procedures for the identification and collection of data concerning 36
the sentencing of offenders in this State. 37
(e) Advising the Executive Director concerning any required 38
reports and reviewing drafts of such reports. 39
(f) Making recommendations to the Executive Director 40
concerning the budget for the Department, improvements to the 41
criminal justice system and legislation related to the duties of the 42
Sentencing Commission. 43
(g) Providing advice and recommendations to the Executive 44
Director on any other matter. 45
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[11.] 5. For each regular session of the Legislature, with the 1
assistance of the Department, prepare a comprehensive report 2
including the Sentencing Commission’s: 3
(a) Recommended changes pertaining to sentencing; 4
(b) Findings; 5
(c) Recommendations for proposed legislation; 6
(d) Identification of outcomes resulting from the enactment of 7
chapter 633, Statutes of Nevada 2019, that were tracked and 8
assessed as required pursuant to paragraphs (a), (b) and (c) of 9
subsection 1 of NRS 176.01343; 10
(e) Identification of trends observed after the enactment of 11
chapter 633, Statutes of Nevada 2019, that were tracked and 12
assessed as required pursuant to paragraph (d) of subsection 1 of 13
NRS 176.01343; 14
(f) Identification of gaps in the State’s data tracking capabilities 15
related to the criminal justice system and recommendations for 16
filling any such gaps as required pursuant to paragraph (e) of 17
subsection 1 of NRS 176.01343; 18
(g) Recommendations for improvements, changes and budgetary 19
adjustments; and 20
(h) Additional recommendations for future legislation and 21
policy options to enhance public safety and control corrections 22
costs. 23
[12.] 6. Submit the report prepared pursuant to subsection [11] 24
5 not later than January 15 of each odd-numbered year to: 25
(a) The Office of the Governor; 26
(b) The Director of the Legislative Counsel Bureau for 27
distribution to the Legislature; and 28
(c) The Chief Justice of the Nevada Supreme Court. 29
Sec. 4. 1. The Nevada Sentencing Commission shall conduct 30
a study during the 2023-2024 legislative interim concerning the 31
sentences imposed for misdemeanor offenses in this State, and make 32
a report thereof. 33
2. The study and report must include, without limitation, an 34
evaluation of: 35
(a) The offenses punishable as misdemeanors in this State; 36
(b) The laws governing misdemeanor offenses in other states 37
and territories of the United States; and 38
(c) Any other data that the Sentencing Commission determines 39
is relevant to the study. 40
3. In conducting the study required by subsection 1, the 41
Sentencing Commission shall consult with and solicit input from 42
persons and organizations with expertise in policies and practices 43
regarding sentencing for misdemeanor offenses. 44
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4. The Sentencing Commission shall submit a report of the 1
results of the study and any recommendations for legislation to the 2
Joint Interim Standing Committee on the Judiciary and the Director 3
of the Legislative Counsel Bureau for transmittal to the 83rd Session 4
of the Nevada Legislature. 5
Sec. 5. 1. This section becomes effective on passage and 6
approval. 7
2. Sections 1 to 4, inclusive, of this act become effective: 8
(a) Upon passage and approval for the purpose of performing 9
any preparatory administrative tasks that are necessary to carry out 10
the provisions of this act; and 11
(b) On July 1, 2023, for all other purposes. 12
H