Nevada 2023 Regular Session

Nevada Senate Bill SB93 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	S.B. 93
4	4
5	5	- SB93
6	6
7	7	SENATE BILL NO. 93–SENATOR BUCK
8	8
9	9	PREFILED JANUARY 31, 2023
10	10	____________
11	11
12	12	Referred to Committee on Judiciary
13	13
14	14	SUMMARY—Revises provisions relating to offenders.
15	15	(BDR 16-27)
16	16
17	17	FISCAL NOTE: Effect on Local Government: No.
18	18	Effect on the State: Yes.
19	19
20	20	~
21	21
22	22	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
23	23
24	24
25	25	AN ACT relating to offenders; transferring the duty to issue photo
26	26	identification cards to offenders from the Department of
27	27	Corrections to the Department of Motor Vehicles;
28	28	establishing procedures relating to processing applications
29	29	for and the delivery of photo identification cards to
30	30	offenders; requiring the Director of the Department of
31	31	Corrections to provide an offender with an application for
32	32	a photo identification card and information and assistance
33	33	relating to acquiring a valid driver’s license or
34	34	identification card at least 4 months before the projected
35	35	release of the offender; revising provisions governing the
36	36	right to vote for convicted persons; and providing other
37	37	matters properly relating thereto.
38	38	Legislative Counsel’s Digest:
39	39	Under existing law, the Director of the Department of Corrections is required to 1
40	40	provide a photo identification card issued by the Department to an offender upon 2
41	41	his or her release if the offender: (1) requests the photo identification card; or (2) is 3
42	42	not currently in possession of a photo identification card. (NRS 209.511) Section 1 4
43	43	of this bill transfers the responsibility for the issuance of such photo identification 5
44	44	cards from the Director of the Department of Corrections to the Department of 6
45	45	Motor Vehicles. Sections 4 and 5 of this bill make conforming changes related to 7
46	46	the transfer of responsibility for issuing photo identification cards. Section 2 of this 8
47	47	bill requires the Director of the Department of Corrections to provide a photo 9
48	48	identification card issued by the Department of Motor Vehicles to an offender upon 10
49	49	his or her release if the offender completes an application for a photo identification 11
50	50	card before the date of his or her release. If the Department of Motor Vehicles 12
51	51	cannot process an application for a photo identification card before the release of an 13
52	52	offender, section 1 requires the Department of Motor Vehicles to mail the photo 14
53	53	– 2 –
54	54
55	55
56	56	- SB93
57	57	identification card to the offender if the offender provided the Department of Motor 15
58	58	Vehicles with an address for that purpose. If the offender did not provide the 16
59	59	Department of Motor Vehicles with such an address, section 1 authorizes the 17
60	60	offender to acquire a photo identification card from the Department of Motor 18
61	61	Vehicles after his or her release. 19
62	62	Section 1 also requires the Department of Motor Vehicles to prescribe the form 20
63	63	of the application for a photo identification card. Section 2 requires the Director of 21
64	64	the Department of Corrections to provide the offender with the application for a 22
65	65	photo identification card and reasonable assistance with acquiring a driver’s license 23
66	66	or photo identification card at least 4 months before the projected release of the 24
67	67	offender. Section 2 also requires the Director to take a color picture of the offender, 25
68	68	not later than 3 months before the projected release of the offender, for use in a 26
69	69	photo identification card, regardless of whether the offender has completed an 27
70	70	application for a photo identification card. 28
71	71	Existing law requires the restoration of certain civil rights, including the right to 29
72	72	vote, to persons who have been convicted of certain felonies. (NRS 176A.850, 30
73	73	213.155, 213.157) Under existing law, a person convicted of a felony who is placed 31
74	74	on probation, granted parole or granted a pardon is immediately restored to the 32
75	75	right to vote. (NRS 213.157) Section 3 of this bill instead provides that the right of 33
76	76	such a person is restored immediately upon his or her release from prison. 34
77	77
78	78
79	79	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
80	80	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
81	81
82	82	Section 1. Chapter 209 of NRS is hereby amended by adding 1
83	83	thereto a new section to read as follows: 2
84	84	1. An application for a photo identification card must be on a 3
85	85	form prescribed by the Department of Motor Vehicles. An offender 4
86	86	is not required to provide any information or documentation on 5
87	87	the form other than that which is required to appear on the photo 6
88	88	identification card or necessary to confirm the accuracy of such 7
89	89	information. 8
90	90	2. If an offender completes an application for a photo 9
91	91	identification card before his or her release from prison by the 10
92	92	expiration of his or her term of sentence, by pardon or by parole, 11
93	93	the Department of Corrections shall immediately transmit the 12
94	94	application to the Department of Motor Vehicles. 13
95	95	3. Except as otherwise provided in subsection 4, upon receipt 14
96	96	of an application for a photo identification card pursuant to 15
97	97	subsection 2, the Department of Motor Vehicles shall process the 16
98	98	application, issue the photo identification card and transmit the 17
99	99	photo identification card to the Director of the Department of 18
100	100	Corrections for provision to the relevant offender pursuant to 19
101	101	NRS 209.511. 20
102	102	4. If an offender completes an application for a photo 21
103	103	identification card pursuant to subsection 2 and the Department of 22
104	104	Motor Vehicles is unable to process the application before the 23
105	105	release of the offender, the Department of Motor Vehicles shall 24
106	106	– 3 –
107	107
108	108
109	109	- SB93
110	110	mail the issued photo identification card to the address of the 1
111	111	offender, if an address was so provided by the offender. 2
112	112	5. If an offender is unable or unwilling to provide the 3
113	113	Department of Motor Vehicles with the address described in 4
114	114	subsection 4, the offender may, at any time after his or her release, 5
115	115	schedule an appointment with the Department of Motor Vehicles 6
116	116	to acquire a photo identification card. 7
117	117	6. A photo identification card issued pursuant to this section 8
118	118	must clearly indicate whether the Department of Motor Vehicles: 9
119	119	(a) Has verified the full legal name and age of the offender by 10
120	120	obtaining an original or certified copy of the documents required 11
121	121	by the Department of Motor Vehicles pursuant to NRS 483.290 or 12
122	122	483.860, as applicable, furnished as proof of the full legal name 13
123	123	and age of an applicant for a driver’s license or an identification 14
124	124	card; or 15
125	125	(b) Has not verified the full legal name and age of the offender 16
126	126	pursuant to paragraph (a). 17
127	127	7. As used in this section, “photo identification card” has the 18
128	128	meaning ascribed to it in NRS 209.511. 19
129	129	Sec. 2. NRS 209.511 is hereby amended to read as follows: 20
130	130	209.511 1. Before an offender is released from prison by 21
131	131	expiration of his or her term of sentence, by pardon or parole, the 22
132	132	Director may provide mediation services to the offender and the 23
133	133	family members and friends of the offender who provide emotional, 24
134	134	psychological and financial support to the offender. 25
135	135	2. As soon as practicable after an offender is authorized to 26
136	136	apply for enrollment in Medicaid pursuant to NRS 422.27487, the 27
137	137	Director shall complete the paperwork for the application if the 28
138	138	offender may be eligible for Medicaid upon release. 29
139	139	3. Not later than 4 months before an offender is projected to 30
140	140	be released from prison by expiration of his or her term of 31
141	141	sentence, by pardon or parole, the Director shall provide the 32
142	142	offender with: 33
143	143	(a) Reasonable assistance relating to acquiring a valid driver’s 34
144	144	license or photo identification card to enable the offender to 35
145	145	obtain employment; and 36
146	146	(b) The application for a photo identification card prescribed 37
147	147	by section 1 of this act. 38
148	148	4. Not later than 3 months before an offender is projected to be 39
149	149	released from prison by expiration of his or her term of sentence, by 40
150	150	pardon or parole, the Director [may,] : 41
151	151	(a) Shall take a color picture of the offender for use in a photo 42
152	152	identification card, regardless of whether the offender has 43
153	153	completed an application for a photo identification card; and 44
154	154	– 4 –
155	155
156	156
157	157	- SB93
158	158	(b) May, if space is available, provide an eligible offender with 1
159	159	one or more evidence-based or promising practice reentry programs 2
160	160	to obtain employment, including, without limitation, any programs 3
161	161	which may provide bonding for an offender entering the workplace 4
162	162	and any organizations which may provide employment or bonding 5
163	163	assistance to such a person. 6
164	164	[4.] 5. When an offender is released from prison by expiration 7
165	165	of his or her term of sentence, by pardon or by parole, the Director: 8
166	166	(a) May furnish the offender with a sum of money not to exceed 9
167	167	$100, the amount to be based upon the offender’s economic need as 10
168	168	determined by the Director; 11
169	169	(b) Shall give the offender notice of the provisions of chapter 12
170	170	179C of NRS and NRS 202.357 and 202.360; 13
171	171	(c) Shall require the offender to sign an acknowledgment of the 14
172	172	notice required in paragraph (b); 15
173	173	(d) Shall give the offender notice of the provisions of NRS 16
174	174	179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as 17
175	175	applicable; 18
176	176	(e) [Shall] Except as otherwise provided in section 1 of this act, 19
177	177	shall provide the offender with a photo identification card issued by 20
178	178	the Department [and information and reasonable assistance relating 21
179	179	to acquiring a valid driver’s license or identification card to enable 22
180	180	the offender to obtain employment,] of Motor Vehicles if the 23
181	181	offender [: 24
182	182	(1) Requests a photo identification card; 25
183	183	(2) Requests such information and assistance and is eligible 26
184	184	to acquire a valid driver’s license or identification card from the 27
185	185	Department of Motor Vehicles; or 28
186	186	(3) Is not currently in possession of] completes the 29
187	187	application for a photo identification card [;] before the date of his 30
188	188	or her release; 31
189	189	(f) Shall provide the offender with clothing suitable for 32
190	190	reentering society; 33
191	191	(g) Shall provide the offender with the cost of transportation to 34
192	192	his or her place of residence anywhere within the continental United 35
193	193	States, or to the place of his or her conviction; 36
194	194	(h) If appropriate, shall release the offender to a facility for 37
195	195	transitional living for released offenders that is licensed pursuant to 38
196	196	chapter 449 of NRS; 39
197	197	(i) Shall require the offender to submit to at least one test for 40
198	198	exposure to the human immunodeficiency virus; 41
199	199	(j) If the offender is eligible for Medicare, shall complete 42
200	200	enrollment application paperwork for the offender; and 43
201	201	– 5 –
202	202
203	203
204	204	- SB93
205	205	(k) If the offender was receiving a prescribed medication while 1
206	206	in custody, shall ensure that the offender is provided with a 30-day 2
207	207	supply of any such prescribed medication. 3
208	208	[5. The Director shall not provide an offender with a photo 4
209	209	identification card pursuant to paragraph (e) of subsection 4 unless 5
210	210	the photo identification card clearly indicates whether the Director: 6
211	211	(a) Has verified the full legal name and age of the offender by 7
212	212	obtaining an original or certified copy of the documents required by 8
213	213	the Department of Motor Vehicles pursuant to NRS 483.290 or 9
214	214	483.860, as applicable, furnished as proof of the full legal name and 10
215	215	age of an applicant for a driver’s license or identification card; or 11
216	216	(b) Has not verified the full legal name and age of the offender 12
217	217	pursuant to paragraph (a).] 13
218	218	6. The costs authorized or required in paragraph (a) of 14
219	219	subsection 3 and paragraphs (a), (e), (f), (g), (i) and (k) of 15
220	220	subsection [4] 5 must be paid out of the appropriate account within 16
221	221	the State General Fund for the use of the Department as other claims 17
222	222	against the State are paid to the extent that the costs have not been 18
223	223	paid in accordance with subsection 5 of NRS 209.221 and 19
224	224	NRS 209.246. 20
225	225	7. The Director is encouraged to work with the Nevada 21
226	226	Community Re-Entry Task Force established by the Governor 22
227	227	pursuant to executive order, or its successor body, if any, to align 23
228	228	statewide strategies for the reentry of offenders into the community 24
229	229	and the implementation of those strategies. 25
230	230	8. As used in this section: 26
231	231	(a) “Application for a photo identification card” means the 27
232	232	form described in section 1 of this act. 28
233	233	(b) “Eligible offender” means an offender who is: 29
234	234	(1) Determined to be eligible for reentry programming based 30
235	235	on the Nevada Risk Assessment System instrument, or its successor 31
236	236	risk assessment tool; and 32
237	237	(2) Enrolled in: 33
238	238	(I) Programming services under a reentry program at a 34
239	239	correctional facility which has staff designated to provide the 35
240	240	services; or 36
241	241	(II) A community-based program to assist offenders to 37
242	242	reenter the community. 38
243	243	[(b)] (c) “Facility for transitional living for released offenders” 39
244	244	has the meaning ascribed to it in NRS 449.0055. 40
245	245	[(c)] (d) “Photo identification card” means a document which 41
246	246	includes the name, date of birth and a color picture of the offender. 42
247	247	[(d)] (e) “Promising practice reentry program” means a reentry 43
248	248	program that has strong quantitative and qualitative data showing 44
249	249	– 6 –
250	250
251	251
252	252	- SB93
253	253	positive outcomes, but does not have sufficient research or 1
254	254	replication to support recognition as an evidence-based practice. 2
255	255	Sec. 3. NRS 213.157 is hereby amended to read as follows: 3
256	256	213.157 1. A person convicted of a felony: 4
257	257	(a) Who is placed on probation, granted parole or granted a 5
258	258	pardon is immediately restored to the right to vote [;] upon his or 6
259	259	her release from prison. 7
260	260	(b) Who has served his or her sentence and has been released 8
261	261	from prison: 9
262	262	(1) Is immediately restored to the right to serve as a juror in a 10
263	263	civil action. 11
264	264	(2) Is immediately restored to the right to vote. 12
265	265	(3) Four years after the date of his or her release from prison, 13
266	266	is restored to the right to hold office. 14
267	267	(4) Six years after the date of his or her release from prison, 15
268	268	is restored to the right to serve as a juror in a criminal action. 16
269	269	2. Upon his or her release from prison, a person so released 17
270	270	must be given an official document which provides: 18
271	271	(a) That the person has been released from prison; 19
272	272	(b) That the person is restored to his or her civil right to serve as 20
273	273	a juror in a civil action as of the date of his or her release from 21
274	274	prison; 22
275	275	(c) The date on which his or her civil right to hold office will be 23
276	276	restored to the person pursuant to subparagraph (3) of paragraph (b) 24
277	277	of subsection 1; and 25
278	278	(d) The date on which his or her civil right to serve as a juror in 26
279	279	a criminal action will be restored to the person pursuant to 27
280	280	subparagraph (4) of paragraph (b) of subsection 1. 28
281	281	3. A person who has been released from prison in this State or 29
282	282	elsewhere and whose official documentation of his or her release 30
283	283	from prison is lost, damaged or destroyed may file a written request 31
284	284	with a court of competent jurisdiction to restore his or her civil 32
285	285	rights pursuant to this section. Upon verification that the person has 33
286	286	been released from prison and is eligible to be restored to the civil 34
287	287	rights set forth in subsection 1, the court shall issue an order 35
288	288	restoring the person to the civil rights set forth in subsection 1. A 36
289	289	person must not be required to pay a fee to receive such an order. 37
290	290	4. A person who has been released from prison in this State or 38
291	291	elsewhere may present: 39
292	292	(a) Official documentation of his or her release from prison, if it 40
293	293	contains the provisions set forth in subsection 2; or 41
294	294	(b) A court order restoring his or her civil rights, 42
295	295	 as proof that the person has been restored to the civil rights set 43
296	296	forth in subsection 1. 44
297	297	– 7 –
298	298
299	299
300	300	- SB93
301	301	Sec. 4. NRS 483.290 is hereby amended to read as follows: 1
302	302	483.290 1. An application for an instruction permit or for a 2
303	303	driver’s license must: 3
304	304	(a) Be made upon a form furnished by the Department. 4
305	305	(b) Be verified by the applicant before a person authorized to 5
306	306	administer oaths. Officers and employees of the Department may 6
307	307	administer those oaths without charge. 7
308	308	(c) Be accompanied by the required fee. 8
309	309	(d) State the full legal name, date of birth, sex, address of 9
310	310	principal residence and mailing address, if different from the 10
311	311	address of principal residence, of the applicant and briefly describe 11
312	312	the applicant. 12
313	313	(e) State whether the applicant has theretofore been licensed as a 13
314	314	driver, and, if so, when and by what state or country, and whether 14
315	315	any such license has ever been suspended or revoked, or whether an 15
316	316	application has ever been refused, and, if so, the date of and reason 16
317	317	for the suspension, revocation or refusal. 17
318	318	(f) Include such other information as the Department may 18
319	319	require to determine the competency and eligibility of the applicant. 19
320	320	2. Every applicant must furnish proof of his or her full legal 20
321	321	name and age by displaying: 21
322	322	(a) An original or certified copy of the required documents as 22
323	323	prescribed by regulation; or 23
324	324	(b) A photo identification card issued by the Department [of 24
325	325	Corrections] pursuant to [NRS 209.511] section 1 of this act which 25
326	326	indicates that the [Director of the] Department [of Corrections] has 26
327	327	verified the full legal name and age of the applicant pursuant to 27
328	328	subsection [4] 6 of that section. 28
329	329	3. The Department shall adopt regulations prescribing the 29
330	330	documents an applicant may use to furnish proof of his or her full 30
331	331	legal name and age to the Department pursuant to paragraph (a) of 31
332	332	subsection 2, including, without limitation, a document issued by 32
333	333	the Department pursuant to NRS 483.375 or 483.8605. 33
334	334	4. At the time of applying for a driver’s license, an applicant 34
335	335	may, if eligible, preregister or register to vote pursuant to 35
336	336	NRS 293.5727 or 293.5742. 36
337	337	5. Every applicant who has been assigned a social security 37
338	338	number must furnish proof of his or her social security number by 38
339	339	displaying: 39
340	340	(a) An original card issued to the applicant by the Social 40
341	341	Security Administration bearing the social security number of the 41
342	342	applicant; or 42
343	343	(b) Other proof acceptable to the Department, including, without 43
344	344	limitation, records of employment or federal income tax returns. 44
345	345	– 8 –
346	346
347	347
348	348	- SB93
349	349	6. The Department may refuse to accept a driver’s license 1
350	350	issued by another state if the Department determines that the other 2
351	351	state has less stringent standards than the State of Nevada for the 3
352	352	issuance of a driver’s license. 4
353	353	7. With respect to any document presented by a person who 5
354	354	was born outside of the United States, the Commonwealth of Puerto 6
355	355	Rico, American Samoa, Guam, the Northern Mariana Islands or the 7
356	356	United States Virgin Islands to prove his or her full legal name and 8
357	357	age, the Department: 9
358	358	(a) May, if the document has expired, refuse to accept the 10
359	359	document or refuse to issue a driver’s license to the person 11
360	360	presenting the document, or both; and 12
361	361	(b) Shall issue to the person presenting the document a driver’s 13
362	362	license that is valid only during the time the applicant is authorized 14
363	363	to stay in the United States, or if there is no definite end to the time 15
364	364	the applicant is authorized to stay, the driver’s license is valid for 1 16
365	365	year beginning on the date of issuance. 17
366	366	8. The Administrator shall adopt regulations setting forth 18
367	367	criteria pursuant to which the Department will issue or refuse to 19
368	368	issue a driver’s license in accordance with this section to a person 20
369	369	who is a citizen of any state or a foreign country. The criteria 21
370	370	pursuant to which the Department shall issue or refuse to issue a 22
371	371	driver’s license to a citizen of a foreign country must be based upon 23
372	372	the purpose for which that person is present within the United 24
373	373	States. 25
374	374	9. Notwithstanding any other provision of this section, the 26
375	375	Department shall not accept a consular identification card as proof 27
376	376	of the age or identity of an applicant for an instruction permit or for 28
377	377	a driver’s license. As used in this subsection, “consular 29
378	378	identification card” has the meaning ascribed to it in NRS 232.006. 30
379	379	Sec. 5. NRS 483.860 is hereby amended to read as follows: 31
380	380	483.860 1. Every applicant for an identification card must 32
381	381	furnish proof of his or her full legal name and age by presenting: 33
382	382	(a) An original or certified copy of the required documents as 34
383	383	prescribed by regulation; or 35
384	384	(b) A photo identification card issued by the Department [of 36
385	385	Corrections] pursuant to [NRS 209.511] section 1 of this act which 37
386	386	indicates that the [Director of the] Department [of Corrections] has 38
387	387	verified the full legal name and age of the applicant pursuant to 39
388	388	subsection [5] 6 of that section. 40
389	389	2. The Director shall adopt regulations: 41
390	390	(a) Prescribing the documents an applicant may use to furnish 42
391	391	proof of his or her full legal name and age to the Department 43
392	392	pursuant to paragraph (a) of subsection 1, including, without 44
393	393	– 9 –
394	394
395	395
396	396	- SB93
397	397	limitation, a document issued by the Department pursuant to 1
398	398	NRS 483.375 or 483.8605; and 2
399	399	(b) Setting forth criteria pursuant to which the Department will 3
400	400	issue or refuse to issue an identification card in accordance with this 4
401	401	section to a person who is a citizen of a state or a foreign country. 5
402	402	The criteria pursuant to which the Department shall issue or refuse 6
403	403	to issue an identification card to a citizen of a foreign country must 7
404	404	be based upon the purpose for which that person is present within 8
405	405	the United States. 9
406	406	3. Notwithstanding any other provision of this section, the 10
407	407	Department shall not accept a consular identification card as proof 11
408	408	of the age or identity of an applicant for an identification card. As 12
409	409	used in this subsection, “consular identification card” has the 13
410	410	meaning ascribed to it in NRS 232.006. 14
411	411	Sec. 6. 1. This section becomes effective upon passage and 15
412	412	approval. 16
413	413	2. Sections 1 to 5, inclusive, of this act become effective: 17
414	414	(a) Upon passage and approval for the purpose of performing 18
415	415	any preparatory administrative tasks necessary to carry out the 19
416	416	provisions of this act; and 20
417	417	(b) On October 1, 2023, for all other purposes. 21
418	418
419	419	H
420	420
421	421
422	422
423	423
424	424
425	425
426	426