S.B. 93
- *SB93*
SENATE BILL NO. 93–SENATOR BUCK
PREFILED JANUARY 31, 2023
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to offenders.
(BDR 16-27)
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 offenders; transferring the duty to issue photo
identification cards to offenders from the Department of
Corrections to the Department of Motor Vehicles;
establishing procedures relating to processing applications
for and the delivery of photo identification cards to
offenders; requiring the Director of the Department of
Corrections to provide an offender with an application for
a photo identification card and information and assistance
relating to acquiring a valid driver’s license or
identification card at least 4 months before the projected
release of the offender; revising provisions governing the
right to vote for convicted persons; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the Director of the Department of Corrections is required to 1
provide a photo identification card issued by the Department to an offender upon 2
his or her release if the offender: (1) requests the photo identification card; or (2) is 3
not currently in possession of a photo identification card. (NRS 209.511) Section 1 4
of this bill transfers the responsibility for the issuance of such photo identification 5
cards from the Director of the Department of Corrections to the Department of 6
Motor Vehicles. Sections 4 and 5 of this bill make conforming changes related to 7
the transfer of responsibility for issuing photo identification cards. Section 2 of this 8
bill requires the Director of the Department of Corrections to provide a photo 9
identification card issued by the Department of Motor Vehicles to an offender upon 10
his or her release if the offender completes an application for a photo identification 11
card before the date of his or her release. If the Department of Motor Vehicles 12
cannot process an application for a photo identification card before the release of an 13
offender, section 1 requires the Department of Motor Vehicles to mail the photo 14
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identification card to the offender if the offender provided the Department of Motor 15
Vehicles with an address for that purpose. If the offender did not provide the 16
Department of Motor Vehicles with such an address, section 1 authorizes the 17
offender to acquire a photo identification card from the Department of Motor 18
Vehicles after his or her release. 19
Section 1 also requires the Department of Motor Vehicles to prescribe the form 20
of the application for a photo identification card. Section 2 requires the Director of 21
the Department of Corrections to provide the offender with the application for a 22
photo identification card and reasonable assistance with acquiring a driver’s license 23
or photo identification card at least 4 months before the projected release of the 24
offender. Section 2 also requires the Director to take a color picture of the offender, 25
not later than 3 months before the projected release of the offender, for use in a 26
photo identification card, regardless of whether the offender has completed an 27
application for a photo identification card. 28
Existing law requires the restoration of certain civil rights, including the right to 29
vote, to persons who have been convicted of certain felonies. (NRS 176A.850, 30
213.155, 213.157) Under existing law, a person convicted of a felony who is placed 31
on probation, granted parole or granted a pardon is immediately restored to the 32
right to vote. (NRS 213.157) Section 3 of this bill instead provides that the right of 33
such a person is restored immediately upon his or her release from prison. 34
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 a new section to read as follows: 2
1. An application for a photo identification card must be on a 3
form prescribed by the Department of Motor Vehicles. An offender 4
is not required to provide any information or documentation on 5
the form other than that which is required to appear on the photo 6
identification card or necessary to confirm the accuracy of such 7
information. 8
2. If an offender completes an application for a photo 9
identification card before his or her release from prison by the 10
expiration of his or her term of sentence, by pardon or by parole, 11
the Department of Corrections shall immediately transmit the 12
application to the Department of Motor Vehicles. 13
3. Except as otherwise provided in subsection 4, upon receipt 14
of an application for a photo identification card pursuant to 15
subsection 2, the Department of Motor Vehicles shall process the 16
application, issue the photo identification card and transmit the 17
photo identification card to the Director of the Department of 18
Corrections for provision to the relevant offender pursuant to 19
NRS 209.511. 20
4. If an offender completes an application for a photo 21
identification card pursuant to subsection 2 and the Department of 22
Motor Vehicles is unable to process the application before the 23
release of the offender, the Department of Motor Vehicles shall 24
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mail the issued photo identification card to the address of the 1
offender, if an address was so provided by the offender. 2
5. If an offender is unable or unwilling to provide the 3
Department of Motor Vehicles with the address described in 4
subsection 4, the offender may, at any time after his or her release, 5
schedule an appointment with the Department of Motor Vehicles 6
to acquire a photo identification card. 7
6. A photo identification card issued pursuant to this section 8
must clearly indicate whether the Department of Motor Vehicles: 9
(a) Has verified the full legal name and age of the offender by 10
obtaining an original or certified copy of the documents required 11
by the Department of Motor Vehicles pursuant to NRS 483.290 or 12
483.860, as applicable, furnished as proof of the full legal name 13
and age of an applicant for a driver’s license or an identification 14
card; or 15
(b) Has not verified the full legal name and age of the offender 16
pursuant to paragraph (a). 17
7. As used in this section, “photo identification card” has the 18
meaning ascribed to it in NRS 209.511. 19
Sec. 2. NRS 209.511 is hereby amended to read as follows: 20
209.511 1. Before an offender is released from prison by 21
expiration of his or her term of sentence, by pardon or parole, the 22
Director may provide mediation services to the offender and the 23
family members and friends of the offender who provide emotional, 24
psychological and financial support to the offender. 25
2. As soon as practicable after an offender is authorized to 26
apply for enrollment in Medicaid pursuant to NRS 422.27487, the 27
Director shall complete the paperwork for the application if the 28
offender may be eligible for Medicaid upon release. 29
3. Not later than 4 months before an offender is projected to 30
be released from prison by expiration of his or her term of 31
sentence, by pardon or parole, the Director shall provide the 32
offender with: 33
(a) Reasonable assistance relating to acquiring a valid driver’s 34
license or photo identification card to enable the offender to 35
obtain employment; and 36
(b) The application for a photo identification card prescribed 37
by section 1 of this act. 38
4. Not later than 3 months before an offender is projected to be 39
released from prison by expiration of his or her term of sentence, by 40
pardon or parole, the Director [may,] : 41
(a) Shall take a color picture of the offender for use in a photo 42
identification card, regardless of whether the offender has 43
completed an application for a photo identification card; and 44
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(b) May, if space is available, provide an eligible offender with 1
one or more evidence-based or promising practice reentry programs 2
to obtain employment, including, without limitation, any programs 3
which may provide bonding for an offender entering the workplace 4
and any organizations which may provide employment or bonding 5
assistance to such a person. 6
[4.] 5. When an offender is released from prison by expiration 7
of his or her term of sentence, by pardon or by parole, the Director: 8
(a) May furnish the offender with a sum of money not to exceed 9
$100, the amount to be based upon the offender’s economic need as 10
determined by the Director; 11
(b) Shall give the offender notice of the provisions of chapter 12
179C of NRS and NRS 202.357 and 202.360; 13
(c) Shall require the offender to sign an acknowledgment of the 14
notice required in paragraph (b); 15
(d) Shall give the offender notice of the provisions of NRS 16
179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as 17
applicable; 18
(e) [Shall] Except as otherwise provided in section 1 of this act, 19
shall provide the offender with a photo identification card issued by 20
the Department [and information and reasonable assistance relating 21
to acquiring a valid driver’s license or identification card to enable 22
the offender to obtain employment,] of Motor Vehicles if the 23
offender [: 24
(1) Requests a photo identification card; 25
(2) Requests such information and assistance and is eligible 26
to acquire a valid driver’s license or identification card from the 27
Department of Motor Vehicles; or 28
(3) Is not currently in possession of] completes the 29
application for a photo identification card [;] before the date of his 30
or her release; 31
(f) Shall provide the offender with clothing suitable for 32
reentering society; 33
(g) Shall provide the offender with the cost of transportation to 34
his or her place of residence anywhere within the continental United 35
States, or to the place of his or her conviction; 36
(h) If appropriate, shall release the offender to a facility for 37
transitional living for released offenders that is licensed pursuant to 38
chapter 449 of NRS; 39
(i) Shall require the offender to submit to at least one test for 40
exposure to the human immunodeficiency virus; 41
(j) If the offender is eligible for Medicare, shall complete 42
enrollment application paperwork for the offender; and 43
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(k) If the offender was receiving a prescribed medication while 1
in custody, shall ensure that the offender is provided with a 30-day 2
supply of any such prescribed medication. 3
[5. The Director shall not provide an offender with a photo 4
identification card pursuant to paragraph (e) of subsection 4 unless 5
the photo identification card clearly indicates whether the Director: 6
(a) Has verified the full legal name and age of the offender by 7
obtaining an original or certified copy of the documents required by 8
the Department of Motor Vehicles pursuant to NRS 483.290 or 9
483.860, as applicable, furnished as proof of the full legal name and 10
age of an applicant for a driver’s license or identification card; or 11
(b) Has not verified the full legal name and age of the offender 12
pursuant to paragraph (a).] 13
6. The costs authorized or required in paragraph (a) of 14
subsection 3 and paragraphs (a), (e), (f), (g), (i) and (k) of 15
subsection [4] 5 must be paid out of the appropriate account within 16
the State General Fund for the use of the Department as other claims 17
against the State are paid to the extent that the costs have not been 18
paid in accordance with subsection 5 of NRS 209.221 and 19
NRS 209.246. 20
7. The Director is encouraged to work with the Nevada 21
Community Re-Entry Task Force established by the Governor 22
pursuant to executive order, or its successor body, if any, to align 23
statewide strategies for the reentry of offenders into the community 24
and the implementation of those strategies. 25
8. As used in this section: 26
(a) “Application for a photo identification card” means the 27
form described in section 1 of this act. 28
(b) “Eligible offender” means an offender who is: 29
(1) Determined to be eligible for reentry programming based 30
on the Nevada Risk Assessment System instrument, or its successor 31
risk assessment tool; and 32
(2) Enrolled in: 33
(I) Programming services under a reentry program at a 34
correctional facility which has staff designated to provide the 35
services; or 36
(II) A community-based program to assist offenders to 37
reenter the community. 38
[(b)] (c) “Facility for transitional living for released offenders” 39
has the meaning ascribed to it in NRS 449.0055. 40
[(c)] (d) “Photo identification card” means a document which 41
includes the name, date of birth and a color picture of the offender. 42
[(d)] (e) “Promising practice reentry program” means a reentry 43
program that has strong quantitative and qualitative data showing 44
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positive outcomes, but does not have sufficient research or 1
replication to support recognition as an evidence-based practice. 2
Sec. 3. NRS 213.157 is hereby amended to read as follows: 3
213.157 1. A person convicted of a felony: 4
(a) Who is placed on probation, granted parole or granted a 5
pardon is immediately restored to the right to vote [;] upon his or 6
her release from prison. 7
(b) Who has served his or her sentence and has been released 8
from prison: 9
(1) Is immediately restored to the right to serve as a juror in a 10
civil action. 11
(2) Is immediately restored to the right to vote. 12
(3) Four years after the date of his or her release from prison, 13
is restored to the right to hold office. 14
(4) Six years after the date of his or her release from prison, 15
is restored to the right to serve as a juror in a criminal action. 16
2. Upon his or her release from prison, a person so released 17
must be given an official document which provides: 18
(a) That the person has been released from prison; 19
(b) That the person is restored to his or her civil right to serve as 20
a juror in a civil action as of the date of his or her release from 21
prison; 22
(c) The date on which his or her civil right to hold office will be 23
restored to the person pursuant to subparagraph (3) of paragraph (b) 24
of subsection 1; and 25
(d) The date on which his or her civil right to serve as a juror in 26
a criminal action will be restored to the person pursuant to 27
subparagraph (4) of paragraph (b) of subsection 1. 28
3. A person who has been released from prison in this State or 29
elsewhere and whose official documentation of his or her release 30
from prison is lost, damaged or destroyed may file a written request 31
with a court of competent jurisdiction to restore his or her civil 32
rights pursuant to this section. Upon verification that the person has 33
been released from prison and is eligible to be restored to the civil 34
rights set forth in subsection 1, the court shall issue an order 35
restoring the person to the civil rights set forth in subsection 1. A 36
person must not be required to pay a fee to receive such an order. 37
4. A person who has been released from prison in this State or 38
elsewhere may present: 39
(a) Official documentation of his or her release from prison, if it 40
contains the provisions set forth in subsection 2; or 41
(b) A court order restoring his or her civil rights, 42
as proof that the person has been restored to the civil rights set 43
forth in subsection 1. 44
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Sec. 4. NRS 483.290 is hereby amended to read as follows: 1
483.290 1. An application for an instruction permit or for a 2
driver’s license must: 3
(a) Be made upon a form furnished by the Department. 4
(b) Be verified by the applicant before a person authorized to 5
administer oaths. Officers and employees of the Department may 6
administer those oaths without charge. 7
(c) Be accompanied by the required fee. 8
(d) State the full legal name, date of birth, sex, address of 9
principal residence and mailing address, if different from the 10
address of principal residence, of the applicant and briefly describe 11
the applicant. 12
(e) State whether the applicant has theretofore been licensed as a 13
driver, and, if so, when and by what state or country, and whether 14
any such license has ever been suspended or revoked, or whether an 15
application has ever been refused, and, if so, the date of and reason 16
for the suspension, revocation or refusal. 17
(f) Include such other information as the Department may 18
require to determine the competency and eligibility of the applicant. 19
2. Every applicant must furnish proof of his or her full legal 20
name and age by displaying: 21
(a) An original or certified copy of the required documents as 22
prescribed by regulation; or 23
(b) A photo identification card issued by the Department [of 24
Corrections] pursuant to [NRS 209.511] section 1 of this act which 25
indicates that the [Director of the] Department [of Corrections] has 26
verified the full legal name and age of the applicant pursuant to 27
subsection [4] 6 of that section. 28
3. The Department shall adopt regulations prescribing the 29
documents an applicant may use to furnish proof of his or her full 30
legal name and age to the Department pursuant to paragraph (a) of 31
subsection 2, including, without limitation, a document issued by 32
the Department pursuant to NRS 483.375 or 483.8605. 33
4. At the time of applying for a driver’s license, an applicant 34
may, if eligible, preregister or register to vote pursuant to 35
NRS 293.5727 or 293.5742. 36
5. Every applicant who has been assigned a social security 37
number must furnish proof of his or her social security number by 38
displaying: 39
(a) An original card issued to the applicant by the Social 40
Security Administration bearing the social security number of the 41
applicant; or 42
(b) Other proof acceptable to the Department, including, without 43
limitation, records of employment or federal income tax returns. 44
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6. The Department may refuse to accept a driver’s license 1
issued by another state if the Department determines that the other 2
state has less stringent standards than the State of Nevada for the 3
issuance of a driver’s license. 4
7. With respect to any document presented by a person who 5
was born outside of the United States, the Commonwealth of Puerto 6
Rico, American Samoa, Guam, the Northern Mariana Islands or the 7
United States Virgin Islands to prove his or her full legal name and 8
age, the Department: 9
(a) May, if the document has expired, refuse to accept the 10
document or refuse to issue a driver’s license to the person 11
presenting the document, or both; and 12
(b) Shall issue to the person presenting the document a driver’s 13
license that is valid only during the time the applicant is authorized 14
to stay in the United States, or if there is no definite end to the time 15
the applicant is authorized to stay, the driver’s license is valid for 1 16
year beginning on the date of issuance. 17
8. The Administrator shall adopt regulations setting forth 18
criteria pursuant to which the Department will issue or refuse to 19
issue a driver’s license in accordance with this section to a person 20
who is a citizen of any state or a foreign country. The criteria 21
pursuant to which the Department shall issue or refuse to issue a 22
driver’s license to a citizen of a foreign country must be based upon 23
the purpose for which that person is present within the United 24
States. 25
9. Notwithstanding any other provision of this section, the 26
Department shall not accept a consular identification card as proof 27
of the age or identity of an applicant for an instruction permit or for 28
a driver’s license. As used in this subsection, “consular 29
identification card” has the meaning ascribed to it in NRS 232.006. 30
Sec. 5. NRS 483.860 is hereby amended to read as follows: 31
483.860 1. Every applicant for an identification card must 32
furnish proof of his or her full legal name and age by presenting: 33
(a) An original or certified copy of the required documents as 34
prescribed by regulation; or 35
(b) A photo identification card issued by the Department [of 36
Corrections] pursuant to [NRS 209.511] section 1 of this act which 37
indicates that the [Director of the] Department [of Corrections] has 38
verified the full legal name and age of the applicant pursuant to 39
subsection [5] 6 of that section. 40
2. The Director shall adopt regulations: 41
(a) Prescribing the documents an applicant may use to furnish 42
proof of his or her full legal name and age to the Department 43
pursuant to paragraph (a) of subsection 1, including, without 44
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limitation, a document issued by the Department pursuant to 1
NRS 483.375 or 483.8605; and 2
(b) Setting forth criteria pursuant to which the Department will 3
issue or refuse to issue an identification card in accordance with this 4
section to a person who is a citizen of a state or a foreign country. 5
The criteria pursuant to which the Department shall issue or refuse 6
to issue an identification card to a citizen of a foreign country must 7
be based upon the purpose for which that person is present within 8
the United States. 9
3. Notwithstanding any other provision of this section, the 10
Department shall not accept a consular identification card as proof 11
of the age or identity of an applicant for an identification card. As 12
used in this subsection, “consular identification card” has the 13
meaning ascribed to it in NRS 232.006. 14
Sec. 6. 1. This section becomes effective upon passage and 15
approval. 16
2. Sections 1 to 5, inclusive, of this act become effective: 17
(a) Upon passage and approval for the purpose of performing 18
any preparatory administrative tasks necessary to carry out the 19
provisions of this act; and 20
(b) On October 1, 2023, for all other purposes. 21
H