A.B. 25
- *AB25*
ASSEMBLY BILL NO. 25–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE DEPARTMENT OF CORRECTIONS)
PREFILED NOVEMBER 12, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to offenders.
(BDR 16-296)
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 offenders; revising requirements relating to the
provision of certain medical services to women in the
custody of the Department of Corrections; revising
provisions relating to notarial acts performed for persons
incarcerated in the state prison; eliminating the
requirement that the Director of the Department establish
and administer a program of regimental discipline; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Department of Corrections to provide a woman who 1
is incarcerated access to certain necessary medical and behavioral health care 2
services. (NRS 209.3817) Section 1 of this bill requires that any such access be 3
provided in accordance with community standards of care and national guidelines 4
for the provision of such services. Section 1 also removes specific language 5
requiring this access to include an annual pelvic examination and mammography, 6
thereby requiring the Department to provide a woman who is incarcerated access to 7
a pelvic examination and mammography in accordance with community standards 8
of care and national guidelines for the provision of pelvic examinations and 9
mammography, rather than on an annual basis. 10
Existing law contains the Uniform Law on Notarial Acts, which provides the 11
manner in which notarial acts must be performed, including that a notarial officer 12
determine, from personal knowledge or satisfactory evidence, that a person is the 13
person whose signature is on a document. (NRS 240.161-240.169, 240.1655) 14
Section 5 of this bill provides that a notarial officer has satisfactory evidence that a 15
person who is incarcerated in the state prison is the person whose signature is on a 16
document if the person is identified upon the basis of: (1) an inmate identification 17
card that is issued by the Department in accordance with regulations adopted by the 18
– 2 –
- *AB25*
Department and includes the name and a picture of the person; or (2) a declaration 19
signed by the person under penalty of perjury attesting to his or her identity. 20
Existing law: (1) requires the Director of the Department to establish and 21
administer a program of regimental discipline to be used as an alternative to 22
incarceration; and (2) authorizes a court to order certain defendants to undergo the 23
program as an alternative to incarceration. (NRS 176A.630, 176A.770, 176A.780, 24
209.356) Sections 4 and 6 of this bill repeal this requirement and authorization. 25
Sections 2 and 3 of this bill make conforming changes by removing references to a 26
provision repealed by section 6. 27
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.3817 is hereby amended to read as 1
follows: 2
209.3817 1. The Department shall ensure that each woman 3
who is assigned to an institution or facility completes a form at the 4
time of intake to assess the needs of the woman while in the custody 5
of the Department. The form must include, without limitation, 6
questions relating to: 7
(a) How recently the woman has received preventative 8
gynecological care and, if applicable, obstetrical care; and 9
(b) The needs of the woman for feminine hygiene products for 10
the purpose of providing the woman with a suitable supply of 11
feminine hygiene products. 12
2. The Department shall provide a woman who is in the 13
custody of the Department access to necessary medical and 14
behavioral health care services, including: 15
(a) Counseling pertaining to mental health or a substance use 16
disorder; 17
(b) Medication prescribed for the treatment for mental health 18
issues; 19
(c) [An annual pelvic examination and mammography;] Pelvic 20
examinations; 21
(d) Mammography; and 22
[(d)] (e) Any appropriate follow-up care necessary for a woman 23
who receives an examination or mammography pursuant to 24
paragraph (c) [.] or (d). 25
3. The Department shall provide any necessary medical and 26
behavioral health care services required by subsection 2 in 27
accordance with community standards of care and national 28
guidelines for the provision of medical and behavioral health care 29
services to incarcerated women. 30
4. The Department shall provide a woman who is in the 31
custody of the Department with a sufficient supply of feminine 32
hygiene products at no cost. The Department shall provide the 33
– 3 –
- *AB25*
woman with a preferred type of feminine hygiene products upon 1
request. A woman may at any time inform the Department of a need 2
to adjust the supply of feminine hygiene products necessary to 3
constitute a sufficient supply for the needs of the woman. 4
[4.] 5. The Department shall adopt regulations necessary to 5
carry out the provisions of this section. 6
[5.] 6. As used in this section: 7
(a) “Feminine hygiene product” means a sanitary napkin, 8
tampon or other similar item used during a menstrual cycle. 9
(b) “Mammography” has the meaning ascribed to it in 10
NRS 457.182. 11
Sec. 2. NRS 209.481 is hereby amended to read as follows: 12
209.481 1. [Except as otherwise provided in NRS 176A.780, 13
the] The Director shall not assign any prisoner to an institution or 14
facility of minimum security if the prisoner: 15
(a) Except as otherwise provided in NRS 484C.400, 484C.410, 16
484C.430, 484C.440, 488.420, 488.425 and 488.427, is not eligible 17
for parole or release from prison within a reasonable period; 18
(b) Has recently committed a serious infraction of the rules of an 19
institution or facility of the Department; 20
(c) Has not performed the duties assigned to him or her in a 21
faithful and orderly manner; 22
(d) Has ever been convicted of a sexual offense that is 23
punishable as a felony; 24
(e) Has, within the immediately preceding year, been convicted 25
of any crime involving the use or threatened use of force or violence 26
against a victim that is punishable as a felony; or 27
(f) Has attempted to escape or has escaped from an institution of 28
the Department. 29
2. The Director shall, by regulation, establish procedures for 30
classifying and selecting qualified prisoners. 31
Sec. 3. NRS 176A.450 is hereby amended to read as follows: 32
176A.450 1. Except as otherwise provided in this section, by 33
order duly entered, the court may impose, and may at any time 34
modify, any conditions of probation or suspension of sentence. The 35
court shall cause a copy of any such order to be delivered to the 36
parole and probation officer and the probationer. [A copy of the 37
order must also be sent to the Director of the Department of 38
Corrections if the probationer is under the supervision of the 39
Director pursuant to NRS 176A.780.] 40
2. If the probationer is participating in a program of probation 41
secured by a surety bond, the court shall not impose or modify the 42
conditions of probation unless the court notifies the surety and: 43
– 4 –
- *AB25*
(a) Causes the original bond to be revoked and requires a new 1
bond to which the original and the new conditions are appended and 2
made part; or 3
(b) Requires an additional bond to which the new conditions are 4
appended and made part. 5
3. The court shall not modify a condition of probation or 6
suspension of sentence that was imposed pursuant to NRS 7
176A.410, unless the court finds that extraordinary circumstances 8
are present and the court enters those extraordinary circumstances in 9
the record. 10
Sec. 4. NRS 176A.630 is hereby amended to read as follows: 11
176A.630 1. If the probationer is arrested, by or without 12
warrant, in another judicial district of this state, the court which 13
granted the probation may assign the case to the district court of that 14
district, with the consent of that court. The court retaining or thus 15
acquiring jurisdiction shall cause the defendant to be brought before 16
it and consider the system of graduated sanctions adopted pursuant 17
to NRS 176A.510, if applicable. Upon determining that the 18
probationer has violated a condition of probation, the court shall, if 19
practicable, order the probationer to make restitution for any 20
necessary expenses incurred by a governmental entity in returning 21
the probationer to the court for violation of the probation. If the 22
court finds that the probationer committed a violation of a condition 23
of probation that is not a technical violation, the court may: 24
(a) Continue or revoke the probation or suspension of sentence; 25
(b) Order the probationer to a term of residential confinement 26
pursuant to NRS 176A.660; 27
(c) [Order the probationer to undergo a program of regimental 28
discipline pursuant to NRS 176A.780; 29
(d)] Cause the sentence imposed to be executed; or 30
[(e)] (d) Modify the original sentence imposed by reducing the 31
term of imprisonment and cause the modified sentence to be 32
executed. The court shall not make the term of imprisonment less 33
than the minimum term of imprisonment prescribed by the 34
applicable penal statute. If the Chief Parole and Probation Officer 35
recommends that the sentence of a probationer be modified and the 36
modified sentence be executed, the Chief Parole and Probation 37
Officer shall provide notice of the recommendation to any victim of 38
the crime for which the probationer was convicted who has 39
requested in writing to be notified and who has provided a current 40
address to the Division. The notice must inform the victim that he or 41
she has the right to submit documents to the court and to be present 42
and heard at the hearing to determine whether the sentence of a 43
probationer who has violated a condition of probation should be 44
modified. The court shall not modify the sentence of a probationer 45
– 5 –
- *AB25*
and cause the sentence to be executed until it has confirmed that the 1
Chief Parole and Probation Officer has complied with the provisions 2
of this paragraph. The Chief Parole and Probation Officer must not 3
be held responsible when such notification is not received by the 4
victim if the victim has not provided a current address. All personal 5
information, including, but not limited to, a current or former 6
address, which pertains to a victim and which is received by the 7
Division pursuant to this paragraph is confidential. 8
2. If the court finds that the probationer committed one or more 9
technical violations of the conditions of probation and the Division 10
has determined that the graduated sanctions adopted pursuant to 11
NRS 176A.510 have been exhausted, the court may: 12
(a) Continue the probation or suspension of sentence; 13
(b) Order the probationer to a term of residential confinement 14
pursuant to NRS 176A.660; 15
(c) Temporarily revoke the probation or suspension of sentence 16
and impose a term of imprisonment of not more than: 17
(1) Thirty days for the first temporary revocation; 18
(2) Ninety days for the second temporary revocation; or 19
(3) One hundred and eighty days for the third temporary 20
revocation; 21
(d) Fully revoke the probation or suspension of sentence and 22
impose imprisonment for the remainder of the sentence for a fourth 23
or subsequent revocation; or 24
(e) Revoke the probation or suspension of sentence at the 25
request of the probationer. If the probation or suspension of sentence 26
is revoked pursuant to this paragraph, the probationer must serve 27
such part of the unexpired maximum term or the maximum 28
aggregate term, as applicable, of his or her original sentence as may 29
be determined by the court. 30
3. Notwithstanding any other provision of law, a probationer 31
who is arrested and detained for committing a technical violation of 32
the conditions of probation must be brought before the court not 33
later than 15 calendar days after the date of arrest and detention. If 34
the person is not brought before the court within 15 calendar days, 35
the probationer must be released from detention and returned to 36
probation status. Following a probationer’s release from detention, 37
the court may subsequently hold a hearing to determine if a 38
technical violation has occurred. If the court finds that such a 39
technical violation occurred, the court may: 40
(a) Continue probation and modify the terms and conditions of 41
probation; or 42
(b) Fully or temporarily revoke probation in accordance with the 43
provisions of subsection 2. 44
– 6 –
- *AB25*
4. A probationer who is arrested and detained for committing a 1
technical violation of the conditions of probation must receive credit 2
for any time served while the probationer is waiting for a hearing to 3
determine if a technical violation has occurred. The court must 4
apply such credit to any term of imprisonment imposed pursuant to 5
subsection 2. 6
5. Any time served by a probationer while waiting for a 7
hearing, as set forth in subsection 4, and any time served in 8
accordance with any term of imprisonment imposed pursuant to 9
subsection 2 must be applied toward the original sentence of the 10
probationer. 11
6. The commission of one of the following acts by a 12
probationer must not, by itself, be used as the only basis for the 13
revocation of probation: 14
(a) Consuming any alcoholic beverage. 15
(b) Testing positive on a drug or alcohol test. 16
(c) Failing to abide by the requirements of a mental health or 17
substance use treatment program. 18
(d) Failing to seek and maintain employment. 19
(e) Failing to pay any required fines or fees. 20
(f) Failing to report any changes in residence. 21
7. As used in this section, “technical violation” has the 22
meaning ascribed to it in NRS 176A.510. 23
Sec. 5. NRS 240.1655 is hereby amended to read as follows: 24
240.1655 1. A notarial act must be evidenced by a certificate 25
that: 26
(a) Identifies the county, including, without limitation, Carson 27
City, in this State in which the notarial act was performed in 28
substantially the following form: 29
30
State of Nevada 31
County of ..................................... 32
33
(b) Except as otherwise provided in this paragraph, includes the 34
name of the person whose signature is being notarized. If the 35
certificate is for certifying a copy of a document, the certificate must 36
include the name of the person presenting the document. If the 37
certificate is for the jurat of a subscribing witness, the certificate 38
must include the name of the subscribing witness. 39
(c) Is signed and dated in ink by the notarial officer performing 40
the notarial act. If the notarial officer is a notary public, the 41
certificate must be signed in the same manner as the signature of the 42
notarial officer that is on file with the Secretary of State. 43
– 7 –
- *AB25*
(d) If the notarial officer performing the notarial act is a notary 1
public, includes the statement imprinted with the stamp of the notary 2
public, as described in NRS 240.040. 3
(e) If the notarial officer performing the notarial act is not a 4
notary public, includes the title of the office of the notarial officer 5
and may include the official stamp or seal of that office. If the 6
officer is a commissioned officer on active duty in the military 7
service of the United States, the certificate must also include the 8
officer’s rank. 9
2. Except as otherwise provided in subsection 8, a notarial 10
officer shall: 11
(a) In taking an acknowledgment, determine, from personal 12
knowledge or satisfactory evidence, that the person making the 13
acknowledgment is the person whose signature is on the document. 14
The person who signed the document shall present the document to 15
the notarial officer in person. 16
(b) In administering an oath or affirmation, determine, from 17
personal knowledge or satisfactory evidence, the identity of the 18
person taking the oath or affirmation. 19
(c) In certifying a copy of a document, photocopy the entire 20
document and certify that the photocopy is a true and correct copy 21
of the document that was presented to the notarial officer. 22
(d) In making or noting a protest of a negotiable instrument, 23
verify compliance with the provisions of subsection 2 of 24
NRS 104.3505. 25
(e) In executing a jurat, administer an oath or affirmation to the 26
affiant and determine, from personal knowledge or satisfactory 27
evidence, that the affiant is the person named in the document. The 28
affiant shall sign the document in the presence of the notarial 29
officer. The notarial officer shall administer the oath or affirmation 30
required pursuant to this paragraph in substantially the following 31
form: 32
33
Do you (solemnly swear, or affirm) that the statements in 34
this document are true, (so help you God)? 35
36
3. A certificate of a notarial act is sufficient if it meets the 37
requirements of subsections 1 and 2 and it: 38
(a) Is in the short form set forth in NRS 240.166 to 240.169, 39
inclusive; 40
(b) Is in a form otherwise prescribed by the law of this State; 41
(c) Is in a form prescribed by the laws or regulations applicable 42
in the place in which the notarial act was performed; or 43
(d) Sets forth the actions of the notarial officer and those are 44
sufficient to meet the requirements of the designated notarial act. 45
– 8 –
- *AB25*
4. For the purposes of paragraphs (a), (b) and (e) of subsection 1
2, a notarial officer has satisfactory evidence that a person is the 2
person whose signature is on a document if the person: 3
(a) Is personally known to the notarial officer; 4
(b) Is identified upon the oath or affirmation of a credible 5
witness who personally appears before the notarial officer; 6
(c) Is identified on the basis of an identifying document which 7
contains a signature and a photograph; 8
(d) Is identified on the basis of a consular identification card; 9
(e) Is identified upon an oath or affirmation of a subscribing 10
witness who is personally known to the notarial officer; [or] 11
(f) In the case of a person who is 65 years of age or older and 12
cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is 13
identified upon the basis of an identification card issued by a 14
governmental agency or a senior citizen center [.] ; or 15
(g) In the case of a person who is incarcerated in the state 16
prison and cannot satisfy the requirements of paragraphs (a) to 17
(e), inclusive, is identified upon the basis of: 18
(1) An inmate identification card which: 19
(I) Is issued to the person by the Department of 20
Corrections in accordance with regulations adopted by the 21
Department; and 22
(II) Includes the name of the person and a picture of the 23
person; or 24
(2) A declaration signed by the person under penalty of 25
perjury in accordance with NRS 208.165 attesting to his or her 26
identity. 27
5. An oath or affirmation administered pursuant to paragraph 28
(b) of subsection 4 must be in substantially the following form: 29
30
Do you (solemnly swear, or affirm) that you personally 31
know ………(name of person who signed the 32
document)………, (so help you God)? 33
34
6. A notarial officer shall not affix his or her signature over 35
printed material. 36
7. By executing a certificate of a notarial act, the notarial 37
officer certifies that the notarial officer has complied with all the 38
requirements of this section. 39
8. If a person is physically unable to sign a document that is 40
presented to a notarial officer pursuant to this section, the person 41
may direct a person other than the notarial officer to sign the 42
person’s name on the document. The notarial officer shall insert 43
“Signature affixed by (insert name of other person) at the direction 44
of (insert name of person)” or words of similar import. 45
– 9 –
- *AB25*
9. As used in this section, unless the context otherwise 1
requires, “consular identification card” means an identification card 2
issued by a consulate of a foreign government, which consulate is 3
located within the State of Nevada. 4
Sec. 6. NRS 176A.770, 176A.780 and 209.356 are hereby 5
repealed. 6
Sec. 7. This act becomes effective upon passage and approval. 7
TEXT OF REPEALED SECTIONS
176A.770 Legislative declaration. The Legislature hereby
determines and declares that a program of regimental discipline is
not to be used as an alternative to probation, but as an alternative to
incarceration.
176A.780 Eligibility; procedure; completion; deduction of
time from sentence.
1. If a defendant:
(a) Is male;
(b) Has been convicted of a felony that:
(1) Does not involve an act of violence; or
(2) Involves an act of violence, but the district attorney
stipulates to the defendant’s eligibility to participate in a program of
regimental discipline;
(c) Is at least 18 years of age;
(d) Has not been incarcerated in jail during his lifetime for a
cumulative total of more than 365 days;
(e) Has never been incarcerated in prison; and
(f) Is otherwise eligible for probation,
the court may order the defendant satisfactorily to complete a
program of regimental discipline for 150 days before sentencing the
defendant or in lieu of causing the sentence imposed to be executed
upon violation of a condition of probation or suspension of sentence.
2. If the court orders the defendant to undergo a program of
regimental discipline, it:
(a) Shall place the defendant under the supervision of the
Director of the Department of Corrections for not more than 190
days, not more than the first 30 days of which must be used to
determine the defendant’s eligibility to participate in the program. In
determining the defendant’s eligibility to participate in the program,
the Director shall:
(1) Make all reasonable efforts to accommodate the
defendant in the program; and
– 10 –
- *AB25*
(2) Consider the facts and circumstances of the defendant’s
offense based on the police report, the report of the presentence
investigation and any other information available to the Director.
(b) Shall, if appropriate, direct the Chief Parole and Probation
Officer to provide a copy of the defendant’s records to the Director
of the Department of Corrections.
(c) Shall require the defendant to be returned to the court not
later than 30 days after the defendant is placed under the supervision
of the Director, if the defendant is determined to be ineligible for the
program.
(d) May require such reports concerning the defendant’s
participation in the program as it deems desirable.
3. If the defendant is ordered to complete the program before
sentencing, the Director of the Department of Corrections shall
return the defendant to the court not later than 150 days after the
defendant began the program. The Director shall certify either that
the defendant satisfactorily completed the program or that the
defendant did not, and shall report the results of the Director’s
evaluation, including any recommendations which will be helpful in
determining the proper sentence. Upon receiving the report, the
court shall sentence the defendant.
4. If the defendant is ordered to complete the program in lieu of
causing the sentence imposed to be executed upon the violation of a
condition of probation and the defendant satisfactorily completes the
program, the Director of the Department of Corrections shall, not
later than 150 days after the defendant began the program, return the
defendant to the court with certification that the defendant
satisfactorily completed the program. The court shall direct that:
(a) The defendant be placed under the supervision of the Chief
Parole and Probation Officer; and
(b) The Director of the Department of Corrections cause a copy
of the records concerning the defendant’s participation in the
program to be provided to the Chief Parole and Probation Officer.
5. If a defendant is ordered to complete the program of
regimental discipline in lieu of causing the sentence imposed to be
executed upon the violation of a condition of probation, a failure by
the defendant satisfactorily to complete the program constitutes a
violation of that condition of probation and the Director of the
Department of Corrections shall return the defendant to the court.
6. Time spent in the program must be deducted from any
sentence which may thereafter be imposed.
209.356 Director to establish program of regimental
discipline. The Director, with the approval of the Board, shall
establish and administer a program of regimental discipline for
– 11 –
- *AB25*
persons who are ordered to undergo such a program pursuant to
NRS 176A.780. The program must include:
1. Incarceration and segregation of the persons in an
appropriate facility of the Department;
2. Strenuous physical exercise and hard labor;
3. Military drills; and
4. Sessions for instruction in:
(a) The recognition and prevention of alcohol and other
substance use disorders;
(b) The management of stress;
(c) Building character;
(d) Learning to behave in a rational manner; and
(e) Preparing for and obtaining employment.
H