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

A.B. 408

- *AB408*

ASSEMBLY BILL NO. 408–ASSEMBLYMEMBER YUREK

MARCH 12, 2025
____________

Referred to Committee on Judiciary

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

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to victims of crime; repealing, replacing and
revising certain provisions requiring the notification of
certain victims of crime upon changes in the custody
status of an offender related to release, escape, residential
confinement, clemency and parole; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes a statewide automated victim information and 1
notification system known as the Victim Information Notification Everyday System 2
in the Office of the Attorney General. The System consists of a toll -free telephone 3
number and an Internet website through which a victim of crime or member of the 4
public may register to receive certain information concerning a change in the 5
custody status of an offender. (NRS 228.205) Existing law also authorizes the State 6
Board of Parole Commissioners to enter into an agreement with the manager of an 7
automated victim notification system that is capable of automatically notifying 8
registered victims by telephone or electronic means of certain information related to 9
a consideration of parole or certain terms of residential confinement. (NRS 10
213.10915) Section 19 of this bill repeals these provisions related to the 11
notification of victims of crime. 12
Instead, section 2 of this bill requires the Department of Corrections to 13
establish an automated victim notification system that is capable of notifying 14
victims of crime by telephone or electronic means of certain information 15
concerning the residential confinement, parole, clemency, escape or release of an 16
offender. Section 3 of this bill authorizes the Department to enter into an agreement 17
with a person to manage the automated victim notification system established by 18
section 2, prescribes the manner in which the person may be selected by the 19
Department and requires the agreement to contain certain terms. 20
Existing law requires the Director of the Department of Corrections t o notify a 21
victim of crime by mail of the release or escape of an offender, if the victim 22
provides a current address and requests notification. (NRS 209.521) Section 18 23

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repeals these provisions related to notice by mail of the release or escape of an 24
offender. Instead, section 2 requires the notice of the release or escape o f an 25
offender to be provided by the newly established automated victim notification 26
system to victims of crime who are registered with the system. 27
Existing law provides that if any victim of a crime committed by an offender 28
requests to be notified of cert ain events concerning the offender, the Division of 29
Parole and Probation of the Department of Public Safety or the Department of 30
Corrections, as applicable, is required to mail a notice to the victim under certain 31
circumstances related to the residential c onfinement of the offender and advise the 32
victim that the victim may submit certain documents concerning the matter. (NRS 33
209.392, 209.3923, 209.3925, 209.429) However, existing law provides that if the 34
victim registers with the automated victim notificati on system utilized by the State 35
Board of Parole Commissioners, such notices related to residential confinement 36
may be provided by the automated victim notification system instead of by mail. 37
(NRS 213.10915) Sections 4-7 of this bill remove the requirement for the Division 38
of Parole and Probation or Departme nt of Corrections, as applicable, to provide 39
such notices related to residential confinement to victims by mail. Instead, section 40
2 requires the newly established automated victim notification system to provide 41
such notices related to residential confinement to victims who are registered with 42
the new system. 43
Existing law authorizes the State Board of Pardons Commissioners to consider 44
applications for clemency. Existing law requires the Board to provide notice by 45
mail of a meeting to consider an application for clemency to each victim of a crime 46
committed by the applicant for clemency. (NRS 213.010) Section 8 of this bill 47
removes the requirement for the Board to mail notice of the meeting. Instead, 48
section 2 requires the notice to be provided by the newly established automated 49
victim notification system. Section 9 of this bill makes a conforming change related 50
to the provision of notice related to clemency by the newly established automated 51
victim notification system. 52
Existing law requires the State Board of Parole Commissioners to mail a notice 53
to a victim of crime concerning the date of a parole hearing of a prisoner and the 54
right of the victim to testify at the hearing, if the victim has requested notification 55
and provided a mailing address to the Board. (NRS 213.131) However, existing law 56
provides that if the victim registers with the au tomated victim notification system 57
utilized by the Board, such notices related to parole are provided by the automated 58
victim notification system instead of by mail. (NRS 213.10915) Section 14 of this 59
bill removes the requirement for the Board to provide the notices related to a parole 60
hearing by mail. Instead, section 2 requires the newly established automated victim 61
notification system to provide such notices related to parole to victims of crime 62
who are registered with the new system. Sections 11-13 and 15 of this bill make 63
conforming changes related to the provision of notices related to parole t hrough the 64
newly established automatic victim notification system. Section 10 of this bill 65
defines the term “automated victim notification system” for the purposes of 66
sections 11-15. 67
Sections 16 and 17 of this bill make conforming changes to reflect: (1) the 68
removal or repeal of the provisions concerning notice by mail in sections 4-8, 14 69
and 18; and (2) the provision of notice through the newly established automated 70
victim notification system under section 2. 71

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 209 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. The Department, in consultation with the 3
Department of Public Safety, the State Board of Pardons 4
Commissioners and the State Board of Parole Commissioners, 5
shall establish and maintain an automated victim notification 6
system to notify victims of crime by telephone or electronic means 7
of: 8
(a) The release of the offender into the community; 9
(b) The escape of the offender from the custody of the 10
Department; 11
(c) The request of an offender to serve a term of residential 12
confinement pursuant to NRS 209.392; 13
(d) The intent of the Director to assign an offender to the 14
custody of the Division of Parole and Probation of the Department 15
of Public Safety to serve a term of residential confinement or other 16
appropriate supervision determined by the Division of Parole and 17
Probation pursuant to NRS 209.3923 or 209.3925; 18
(e) The intent to assign, or the approval of the assignment of, 19
an offender to the custody of the Division of Parole and Probation 20
of the Department of Public Safety to serve a term of residential 21
confinement pursuant to NRS 209.429; 22
(f) The date of a meeting of the State Board of Pardons 23
Commissioners to consider an application for clemency pursuant 24
to NRS 213.010; 25
(g) The date of a meeting of the State Board of Parole 26
Commissioners to consider a prisoner for parole pursuant to NRS 27
213.131; and 28
(h) The parole of a prisoner by the State Board of Parole 29
Commissioners pursuant to NRS 213.131. 30
2. A notice pursuant to paragraphs (c), (d) and (e) of 31
subsection 1 must advise the victim that the victim may submit 32
documents for consideration in the noticed matter. 33
3. A notice pursuant to paragraph (f) of subsection 1 must: 34
(a) Be given not later than 15 days before the meeting; and 35
(b) Advise the victim that the victim may submit a written 36
response for consideration at the meeting. 37
4. A notice pursuant to paragraph (g) of subsection 1 must: 38
(a) Be given not later than 5 days after the date on which the 39
State Board of Parole Commissioners fixes the date for the 40
meeting; and 41

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(b) Advise the victim that the victim may submit documents 1
and testify at the meeting. 2
5. A prosecuting attorney shall: 3
(a) Provide information concerning the automated victim 4
notification system to each victim; and 5
(b) Register each victim that requests inclusion in the 6
automated victim notification system. 7
6. The automated victim notification system must authorize a 8
victim to update any contact information included in the 9
automated victim notification system. 10
7. The failure of the automated victim notification system to 11
notify a victim of a change in the custody status of an offender 12
described in subsection 1 does not establish a basis for any cause 13
of action by the victim or any other party against the State, its 14
political subdivisions, or the agencies, boards, commissions, 15
departments, officers or employ ees of the State or its political 16
subdivisions. 17
8. The contact information of a victim and any document or 18
written response provided by a victim as described in this section is 19
confidential. 20
Sec. 3. 1. The Department may enter into an agreement 21
with a person to manage the automated victim notification system 22
established by section 2 of this act. 23
2. The selection of a person described in subsection 1 must be 24
made every 5 years through an open competitive bidding process. 25
3. An agreement entered into pursuant to subsection 1 must: 26
(a) Require the person to provide quarterly reports to the 27
Governor which: 28
(1) Identify a ny third party who has been given access to 29
information contained in the automated victim notification system 30
during the previous quarter; 31
(2) Provide the number of notification errors that resulted 32
during the previous quarter from the automated victim notification 33
system; and 34
(3) Detail how any funds received from the Federal 35
Government for the automated victim notification system have 36
been spent by the person, including, without limitation, if the 37
funds have been used to upgrade or provide improvemen ts to the 38
automated victim notification system and whether the upgrades 39
and improvements have reduced the number of notification errors 40
or otherwise resulted in quantifiable improvements in the 41
accuracy or reliability of the automated victim notification system; 42
(b) Except for the purpose of notifying a victim pursuant to 43
section 2 of this act, prohibit the person from selling or sharing 44
the information contained in the automated victim notification 45

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system without first obtaining the written consent of the 1
Department; and 2
(c) If the selling or sharing of information contained in the 3
automated victim notification system is authorized pursuant to 4
paragraph (b), require the person to comply with all applicable 5
laws concerning the sharing or selling of the data. 6
4. The Department shall notify any governmental entity that 7
submits inf ormation to the automated victim notification system 8
before modifying or terminating an agreement entered into 9
pursuant to subsection 1. 10
Sec. 4. NRS 209.392 is hereby amended to read as follows: 11
209.392 1. Except as othe rwise provided in NRS 209.3923, 12
209.3925 and 209.429, the Director may, at the request of an 13
offender who is eligible for residential confinement pursuant to the 14
standards adopted by the Director pursuant to subsection 3 and who 15
has: 16
(a) Demonstrated a willingness and ability to establish a position 17
of employment in the community; 18
(b) Demonstrated a willingness and ability to enroll in a 19
program for education or rehabilitation; or 20
(c) Demonstrated an ability to pay for all or part of the costs of 21
the offender’s confinement and to meet any existing obligation for 22
restitution to any victim of his or her crime, 23
 assign the offender to the custody of the Division of Parole and 24
Probation of the Department of Public Safety to serve a term of 25
residential confin ement, pursuant to NRS 213.380, for not longer 26
than the remainder of his or her sentence. 27
2. Upon receiving a request to serve a term of residential 28
confinement from an eligible offender, the Director shall notify the 29
Division of Parole and Probation . [Except as otherwise provided in 30
NRS 213.10915, if any victim of a crime committed by the offender 31
has, pursuant to subsection 4 of NRS 213.131, requested to be 32
notified of the consideration of a prisoner for parole and has 33
provided a current address, the D ivision of Parole and Probation 34
shall notify the victim of the offender’s request and advise the 35
victim that the victim may submit documents regarding the request 36
to the Division of Parole and Probation. If a current address has not 37
been provided as requir ed by subsection 4 of NRS 213.131, the 38
Division of Parole and Probation must not be held responsible if 39
such notification is not received by the victim. All personal 40
information, including, but not limited to, a current or former 41
address, which pertains to a victim and which is received by the 42
Division of Parole and Probation pursuant to this subsection is 43
confidential.] 44

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3. The Director, after consulting with the Division of Parole 1
and Probation, shall adopt, by regulation, standards providing which 2
offenders are eligible for residential confinement. The standards 3
adopted by the Director must provide that an offender who: 4
(a) Has recently committed a serious infraction of the rules of an 5
institution or facility of the Department; 6
(b) Has not performed th e duties assigned to the offender in a 7
faithful and orderly manner; 8
(c) Has been convicted of: 9
(1) Any crime that is punishable as a felony involving the use 10
or threatened use of force or violence against the victim within the 11
immediately preceding 3 years; 12
(2) A sexual offense that is punishable as a felony; or 13
(3) Except as otherwise provided in subsection 4, a category 14
A or B felony; 15
(d) Has more than one prior conviction for any felony in this 16
State or any offense in another state that would be a felony if 17
committed in this State, not including a violation of NRS 484C.110, 18
484C.120, 484C.130, 484C.430, 488.420, 488.425 or 488.427; or 19
(e) Has escaped or attempted to escape from any jail or 20
correctional institution for adults, 21
 is not eligible fo r assignment to the custody of the Division of 22
Parole and Probation to serve a term of residential confinement 23
pursuant to this section. 24
4. The standards adopted by the Director pursuant to 25
subsection 3 must provide that an offender who has been convicte d 26
of a category B felony is eligible for assignment to the custody of 27
the Division of Parole and Probation to serve a term of residential 28
confinement pursuant to this section if: 29
(a) The offender is not otherwise ineligible pursuant to 30
subsection 3 for an assignment to serve a term of residential 31
confinement; and 32
(b) The Director makes a written finding that such an 33
assignment of the offender is not likely to pose a threat to the safety 34
of the public. 35
5. If an offender assigned to the custody of the Div ision of 36
Parole and Probation pursuant to this section escapes or violates any 37
of the terms or conditions of the offender’s residential confinement: 38
(a) The Division of Parole and Probation may, pursuant to the 39
procedure set forth in NRS 213.410, return the offender to the 40
custody of the Department. 41
(b) The offender forfeits all or part of the credits for good 42
behavior earned by the offender before the escape or violation, as 43
determined by the Director. The Director may provide for a 44
forfeiture of credits pursuant to this paragraph only after proof of the 45

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offense and notice to the offender and may restore credits forfeited 1
for such reasons as the Director considers proper. The decision of 2
the Director regarding such a forfeiture is final. 3
6. The assignment of an offender to the custody of the Division 4
of Parole and Probation pursuant to this section shall be deemed: 5
(a) A continuation of the offender’s imprisonment and not a 6
release on parole; and 7
(b) For the purposes of NRS 209.341, an assignment to a facility 8
of the Department, 9
 except that the offender is not entitled to obtain any benefits or to 10
participate in any programs provided to offenders in the custody of 11
the Department. 12
7. An offender does not have a right to be assigned to the 13
custody of the Division of Parole and Probation pursuant to this 14
section, or to remain in that custody after such an assignment, and it 15
is not intended that the provisions of this section or of NRS 213.371 16
to 213.410, inclusive, create any right or interest in liber ty or 17
property or establish a basis for any cause of action against the 18
State, its political subdivisions, agencies, boards, commissions, 19
departments, officers or employees. 20
8. The Division of Parole and Probation may receive and 21
distribute restitution paid by an offender assigned to the custody of 22
the Division of Parole and Probation pursuant to this section. 23
Sec. 5. NRS 209.3923 is hereby amended to read as follows: 24
209.3923 1. Except as otherwise provided in subsecti on [6,] 25
5, the Director may assign an offender to the custody of the Division 26
of Parole and Probation of the Department of Public Safety to serve 27
a term of residential confinement pursuant to NRS 213.380 or other 28
appropriate supervision as determined by the Division of Parole and 29
Probation, for not longer than the remainder of his or her sentence, 30
if the offender: 31
(a) Is 65 years of age or older; 32
(b) Has not been convicted of: 33
(1) A crime of violence; 34
(2) A crime against a child as defined in NRS 179D.0357; 35
(3) A sexual offense as defined in NRS 179D.097; 36
(4) Vehicular homicide pursuant to NRS 484C.130; or 37
(5) A violation of NRS 484C.430; and 38
(c) Has served at least a majority of the maximum term or 39
maximum aggregate term, as applicable, of his or her sentence. 40
2. If the Director intends to assign an offender to the custody of 41
the Division of Parole and Probation pursuant to this section, at least 42
45 days before the date the offender is expected to be released from 43
the custody of the Department, the Director shall notify: 44

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(a) The board of county commissioners of the county in which 1
the offender will reside; and 2
(b) The Division of Parole and Probation. 3
3. [Except as otherwise provided in NRS 213.10915, if any 4
victim of a crime committed b y the offender has, pursuant to 5
subsection 4 of NRS 213.131, requested to be notified of the 6
consideration of a prisoner for parole and has provided a current 7
address, the Division of Parole and Probation shall notify the victim 8
that: 9
(a) The Director intends to assign the offender to the custody of 10
the Division of Parole and Probation pursuant to this section; and 11
(b) The victim may submit documents to the Division of Parole 12
and Probation regarding such an assignment. 13
 If a current address has not been provided by a victim as required 14
by subsection 4 of NRS 213.131, the Division of Parole and 15
Probation must not be held responsible if notification is not received 16
by the victim. All personal information, including, without 17
limitation, a current or former a ddress, which pertains to a victim 18
and which is received by the Division of Parole and Probation 19
pursuant to this subsection is confidential. 20
4.] If an offender assigned to the custody of the Division of 21
Parole and Probation pursuant to this section escapes or violates any 22
of the terms or conditions of his or her residential confinement or 23
other appropriate supervision as determined by the Division of 24
Parole and Probation: 25
(a) The Division of Parole and Probation may, pursuant to the 26
procedure set forth in NRS 213.410, return the offender to the 27
custody of the Department. 28
(b) The offender forfeits all or part of the credits for good 29
behavior earned by the offender before the escape or violation, as 30
determined by the Director. The Director may provide for a 31
forfeiture of credits pursuant to this paragraph only after proof of the 32
offense and notice to the offender and may restore credits forfeited 33
for such reasons as the Director considers proper. The decision of 34
the Director regarding such a forfeiture is final. 35
[5.] 4. The assignment of an offender to the custody of the 36
Division of Parole and Probation pursuant to this section shall be 37
deemed: 38
(a) A continuation of the offender’s imprisonment and not a 39
release on parole; and 40
(b) For the purposes of NRS 209.341, an assignment to a facility 41
of the Department, 42
 except that the offender is not entitled to obtain any benefits or to 43
participate in any programs provided to offenders in the custody of 44
the Department. 45

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[6.] 5. The Director may not assign an offender to the custody 1
of the Division of Parole and Probation pursuant to this section if 2
the offender is sentenced to death or imprisonment for life without 3
the possibility of parole. 4
[7.] 6. An offender does not have a right to be assigned to the 5
custody of the Division of Parole and Probation pursuant to this 6
section, or to remain in that custody after such an assignment, and it 7
is not intended that the provisions of this section or of NRS 213.371 8
to 213.410, inclusiv e, create any right or interest in liberty or 9
property or establish a basis for any cause of action against the 10
State, its political subdivisions, agencies, boards, commissions, 11
departments, officers or employees. 12
[8.] 7. The Division of Parole and Proba tion may receive and 13
distribute restitution paid by an offender assigned to the custody of 14
the Division of Parole and Probation pursuant to this section. 15
[9.] 8. As used in this section, “crime of violence” means any 16
offense involving the use or threaten ed use of force or violence 17
against another person. 18
Sec. 6. NRS 209.3925 is hereby amended to read as follows: 19
209.3925 1. Except as otherwise provided in subsection [6,] 20
5, the Director may approve a medical release and assign an 21
offender to the custody of the Division of Parole and Probation of 22
the Department of Public Safety to serve a term of residential 23
confinement pursuant to NRS 213.380 or other appropriate 24
supervision as determined by the Division of Parole and Pr obation, 25
for not longer than the remainder of his or her sentence, if: 26
(a) The Director has reason to believe that the offender is: 27
(1) Physically incapacitated or in ill health to such a degree 28
that the offender does not presently, and likely will not in the future, 29
pose a threat to the safety of the public; or 30
(2) In ill health and expected to die within 18 months, and 31
does not presently, and likely will not in the future, pose a threat to 32
the safety of the public; and 33
(b) At least two physicians or nurses licensed pursuant to 34
chapter 630, 632 or 633 of NRS, as applicable, one of whom is not 35
employed by the Department, verify, in writing, that the offender is: 36
(1) Physically incapacitated or in ill health; or 37
(2) In ill health and expected to die within 18 months. 38
2. A request for medical release pursuant to this section: 39
(a) May be submitted to the Director by: 40
(1) A prison official or employee; 41
(2) An offender; 42
(3) An attorney or representative of an offender; 43
(4) A family member of an offender; or 44
(5) A medical or mental health professional. 45

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(b) Must be in writing and articulate the grounds supporting the 1
appropriateness of the medical release of the offender. 2
3. If the Director intends to assign an offender to the custody of 3
the Division of Parole and Probation pursuant to this section, at least 4
45 days before the date the offender is expected to be released from 5
the custody of the Department, the Director shall notify: 6
(a) The board of county commission ers of the county in which 7
the offender will reside; and 8
(b) The Division of Parole and Probation. 9
4. [Except as otherwise provided in NRS 213.10915, if any 10
victim of a crime committed by the offender has, pursuant to 11
subsection 4 of NRS 213.131, reques ted to be notified of the 12
consideration of a prisoner for parole and has provided a current 13
address, the Division of Parole and Probation shall notify the victim 14
that: 15
(a) The Director intends to assign the offender to the custody of 16
the Division of Parole and Probation pursuant to this section; and 17
(b) The victim may submit documents to the Division of Parole 18
and Probation regarding such an assignment. 19
 If a current address has not been provided by a victim as required 20
by subsection 4 of NRS 213.131, th e Division of Parole and 21
Probation must not be held responsible if notification is not received 22
by the victim. All personal information, including, but not limited 23
to, a current or former address, which pertains to a victim and which 24
is received by the Div ision of Parole and Probation pursuant to this 25
subsection is confidential. 26
5.] If an offender assigned to the custody of the Division of 27
Parole and Probation pursuant to this section escapes or violates any 28
of the terms or conditions of his or her reside ntial confinement or 29
other appropriate supervision as determined by the Division of 30
Parole and Probation: 31
(a) The Division of Parole and Probation may, pursuant to the 32
procedure set forth in NRS 213.410, return the offender to the 33
custody of the Department. 34
(b) The offender forfeits all or part of the credits for good 35
behavior earned by the offender before the escape or violation, as 36
determined by the Director. The Director may provide for a 37
forfeiture of credits pursuant to this paragraph only after proof of the 38
offense and notice to the offender and may restore credits forfeited 39
for such reasons as the Director considers proper. The decision of 40
the Director regarding such a forfeiture is final. 41
[6.] 5. The assignment of an offender to the cust ody of the 42
Division of Parole and Probation pursuant to this section shall be 43
deemed: 44

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(a) A continuation of the offender’s imprisonment and not a 1
release on parole; and 2
(b) For the purposes of NRS 209.341, an assignment to a facility 3
of the Department, 4
 except that the offender is not entitled to obtain any benefits or to 5
participate in any programs provided to offenders in the custody of 6
the Department. 7
[7.] 6. The Director may not assign an offender to the custody 8
of the Division of Parole and Probat ion pursuant to this section if 9
the offender is sentenced to death or imprisonment for life without 10
the possibility of parole. 11
[8.] 7. An offender does not have a right to be assigned to the 12
custody of the Division of Parole and Probation pursuant to thi s 13
section, or to remain in that custody after such an assignment, and it 14
is not intended that the provisions of this section or of NRS 213.371 15
to 213.410, inclusive, create any right or interest in liberty or 16
property or establish a basis for any cause of action against the 17
State, its political subdivisions, agencies, boards, commissions, 18
departments, officers or employees. 19
[9.] 8. The Division of Parole and Probation may receive and 20
distribute restitution paid by an offender assigned to the custody of 21
the Division of Parole and Probation pursuant to this section. 22
Sec. 7. NRS 209.429 is hereby amended to read as follows: 23
209.429 1. Except as otherwise provided in subsections 7 and 24
8, the Director may assign an offender to the custody of the Division 25
of Parole and Probation of the Department of Public Safety to serve 26
a term of residential confinement, pursuant to NRS 213.380, for not 27
longer than the remainder of the maximum term or the maximum 28
aggregate term, as applicabl e, of his or her sentence if the offender 29
has: 30
(a) Demonstrated a willingness and ability to establish a position 31
of employment in the community; 32
(b) Demonstrated a willingness and ability to enroll in a 33
program for education or rehabilitation; or 34
(c) Demonstrated an ability to pay for all or part of the costs of 35
his or her confinement and to meet any existing obligation for 36
restitution to any victim of his or her crime. 37
2. Before the Director assigns an offender to serve a term of 38
residential confine ment pursuant to this section, the Director shall 39
notify the Division of Parole and Probation . [Except as otherwise 40
provided in NRS 213.10915, if any victim of a crime committed by 41
the offender has, pursuant to: 42
(a) Subsection 1 of NRS 209.521, requested to be notified by the 43
Department of Corrections of the offender’s release or escape and 44
has provided a current address, the Department of Corrections shall 45

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notify the victim that the Director intends to consider whether to 1
assign the offender to serve a te rm of residential confinement 2
pursuant to this section and advise the victim that the victim may 3
submit documents for the consideration of the Director regarding 4
such an assignment to the Division of Parole and Probation. If a 5
current address has not been provided as required by subsection 1 of 6
NRS 209.521, the Department of Corrections must not be held 7
responsible if such notification is not received by the victim. 8
(b) Subsection 4 of NRS 213.131, requested to be notified of the 9
consideration of a prison er for parole and has provided a current 10
address, the Division of Parole and Probation shall notify the victim 11
if the Director has approved the application for the offender to serve 12
a term of residential confinement pursuant to this section and advise 13
the victim that the victim may submit documents for the 14
consideration of the Division of Parole and Probation regarding such 15
an assignment to the Division of Parole and Probation. If a current 16
address has not been provided as required by subsection 4 of NRS 17
213.131, the Division of Parole and Probation must not be held 18
responsible if such notification is not received by the victim. 19
 All personal information, including, without limitation, a current 20
or former address, which pertains to a victim and which is rec eived 21
by the Department of Corrections or the Division of Parole and 22
Probation pursuant to this subsection is confidential.] 23
3. Before a person may be assigned to serve a term of 24
residential confinement pursuant to this section, [he or she ] the 25
person must submit to the Division of Parole and Probation a signed 26
document stating that: 27
(a) [He or she ] The person will comply with the terms or 28
conditions of the residential confinement; and 29
(b) If [he or she ] the person fails to comply with the terms or 30
conditions of the residential confinement and is taken into custody 31
outside of this State, [he or she] the person waives all rights relating 32
to extradition proceedings. 33
4. If an offender assigned to the custody of the Division of 34
Parole and Probation pursuant to this section escapes or violates any 35
of the terms or conditions of his or her residential confinement: 36
(a) The Division of Parole and Probation may, pursuant to the 37
procedure set forth in NRS 213.410, return the offender to the 38
custody of the Department. 39
(b) The offender forfeits all or part of the credits earned by the 40
offender to reduce his or her sentence pursuant to this chapter before 41
the escape or violation, as determined by the Director. The Director 42
may provide for a forfeiture of credits p ursuant to this paragraph 43
only after proof of the offense and notice to the offender and may 44
restore credits forfeited for such reasons as the Director considers 45

– 13 –

- *AB408*
proper. The decision of the Director regarding forfeiture of credits is 1
final. 2
5. The assignment of an offender to the custody of the Division 3
of Parole and Probation pursuant to this section shall be deemed: 4
(a) A continuation of the offender’s imprisonment and not a 5
release on parole; and 6
(b) For the purposes of NRS 209.341, an assignment to a facility 7
of the Department, 8
 except that the offender is not entitled to obtain any benefits or to 9
participate in any programs provided to offenders in the custody of 10
the Department. 11
6. A person does not have a right to be assigned to the custody 12
of the Division of Parole and Probation pursuant to this section, or 13
to remain in that custody after such an assignment, and it is not 14
intended that the provisions of this section or of NRS 213.371 to 15
213.410, inclusive, create any right or interest in libert y or property 16
or establish a basis for any cause of action against the State, its 17
political subdivisions, agencies, boards, commissions, departments, 18
officers or employees. 19
7. The Director shall not assign an offender who is serving a 20
sentence for commit ting a battery which constitutes domestic 21
violence pursuant to NRS 33.018 to the custody of the Division of 22
Parole and Probation to serve a term of residential confinement 23
unless the Director makes a finding that the offender is not likely to 24
pose a threat to the victim of the battery. 25
8. In determining whether to assign an offender to the custody 26
of the Division of Parole and Probation to serve a term of residential 27
confinement, the Director may consider whether the offender has 28
failed or refused to comp ly with any term or condition of the entire 29
program of treatment or any term or condition of any other program 30
related to the classification of the offender. 31
9. The Division of Parole and Probation may receive and 32
distribute restitution paid by an offend er assigned to the custody of 33
the Division of Parole and Probation pursuant to this section. 34
10. As used in this section, “entire program” has the meaning 35
ascribed to it in NRS 209.427. 36
Sec. 8. NRS 213.010 is hereby amended to read as follows: 37
213.010 1. The State Board of Pardons Commissioners 38
consists of the Governor, the justices of the Supreme Court and the 39
Attorney General. 40
2. Meetings of the Board for the purpose of considering 41
applications for clemency may be held semiannually or oftener, on 42
such dates as may be fixed by the Board. 43
[3. Except as otherwise provided in a policy adopted pursuant 44
to NRS 213.035, the Board shall give written notice at least 15 days 45

– 14 –

- *AB408*
before a meeting to each victim of the crimes committed by each 1
person whose application for clemency will be considered at the 2
meeting, if the victim so requests in writing and provides his or her 3
current address. If a current address is not provided, the Board may 4
not be held responsible if the not ice is not received by the victim. 5
The victim may submit a written response to the Board at any time 6
before the meeting. All personal information, including, but not 7
limited to, a current or former address, which pertains to a victim 8
and which is received by the Board pursuant to this subsection is 9
confidential.] 10
Sec. 9. NRS 213.035 is hereby amended to read as follows: 11
213.035 The Board may adopt a policy to provide an expedited 12
process to take action, without holding a meeting, to restore the civil 13
rights, in whole or in part, of a person who submits an application to 14
the Board to have his or her civil rights restored if certain conditions 15
are met, including, without limitation, that: 16
1. There is no objection from the court in which the judgment 17
was rendered; 18
2. There is no objection from the district attorney of the county 19
wherein the person was convicted; and 20
3. [The Board ] Any victim of the person has not [received a 21
written request for ] registered with the autom ated victim 22
notification system established pursuant to section 2 of this act to 23
receive notice concerning a meeting to consider an application for 24
clemency . [from a victim of a crime committed by the person.] 25
Sec. 10. NRS 213.107 is hereby amended to read as follows: 26
213.107 As used in NRS 213.107 to 213.157, inclusive, unless 27
the context otherwise requires: 28
1. “Automated victim notification system” means the 29
automated victim notification system established pursuant to 30
section 2 of this act. 31
2. “Board” means the State Board of Parole Commissioners. 32
[2.] 3. “Chief” means the Chief Parole and Probation Officer. 33
[3.] 4. “Division” means the Division of Parole and Probation 34
of the Department of Public Safety. 35
[4.] 5. “Residential confinement” means the confinement of a 36
person convicted of a crime to his or her place of residence under 37
the terms and conditions established by the Board. 38
[5.] 6. “Responsivity factors” means characteristics of a person 39
that affect his or her ability to respond favorably or unfavorably to 40
any treatment goals. 41
[6.] 7. “Risk and needs assessment” means a validated, 42
standardized actuarial tool that identifies risk factors that increase 43
the like lihood of a person reoffending and factors that, when 44

– 15 –

- *AB408*
properly addressed, can reduce the likelihood of a person 1
reoffending. 2
[7.] 8. “Sex offender” means any person who has been or is 3
convicted of a sexual offense. 4
[8.] 9. “Sexual offense” has the meaning ascribed to it in 5
NRS 179D.097. 6
[9.] 10. “Standards” means the objective standards for 7
granting or revoking parole or probation which are adopted by the 8
Board or the Chief. 9
Sec. 11. NRS 213.1099 is hereby amended to read as follows: 10
213.1099 1. Except as otherwise provided in this section and 11
NRS 213.1215, the Board may release on parole a prisoner who is 12
otherwise eligible for parole pursuant to NRS 213.107 to 213.157, 13
inclusive. 14
2. In determining whether to release a prisoner on parole, the 15
Board shall consider: 16
(a) Whether there is a reasonable probability that the prisoner 17
will live and remain at liberty without violating the laws; 18
(b) Whether the release is incompatible with the welfare of 19
society; 20
(c) The seriousness of the offense and the history of criminal 21
conduct of the prisoner; 22
(d) The standards adopted pursuant to NRS 213.10885 and the 23
recommendation, if any, of the Chief; and 24
(e) Any documents or testimony submitted by a victim notified 25
[pursuant to NRS 213.131 or 213.10915. ] by the automated victim 26
notification system established pursuant to section 2 of this act. 27
3. When a person is convicted of a felony and is punished by a 28
sentence of imprisonment, the person remains subject to the 29
jurisdiction of the Board from the time the person is released on 30
parole under the provisions of this chapter until the expiration of the 31
maximum term or the maximum aggregate term of imprisonment 32
imposed by the court, as applicable, less any credits earne d to 33
reduce his or her sentence pursuant to chapter 209 of NRS. 34
4. Except as otherwise provided in NRS 213.1215, the Board 35
may not release on parole a prisoner whose sentence to death or to 36
life without possibility of parole has been commuted to a lesser 37
penalty unless the Board finds that the prisoner has served at least 38
20 consecutive years in the state prison, is not under an order to be 39
detained to answer for a crime or violation of parole or probation in 40
another jurisdiction, and does not have a history of: 41
(a) Recent misconduct in the institution, and has been 42
recommended for parole by the Director of the Department of 43
Corrections; 44
(b) Repetitive criminal conduct; 45

– 16 –

- *AB408*
(c) Criminal conduct related to the use of alcohol or drugs; 1
(d) Repetitive sexual deviance, violence or aggression; or 2
(e) Failure in parole, probation, work release or similar 3
programs. 4
5. In determining whether to release a prisoner on parole 5
pursuant to this section, the Board shall not consider whether the 6
prisoner will soon be eligible for release pursuant to NRS 213.1215. 7
6. The Board shall not release on parole an offender convicted 8
of a sexual offense until the Central Repository for Nevada Records 9
of Criminal History has been provided an opportunity to give the 10
notice required pursuant to NRS 179D.475. 11
Sec. 12. NRS 213.1215 is hereby amended to read as follows: 12
213.1215 1. Except as otherwise provided in this section and 13
in cases where a consecutive sentence is still to be served, if a 14
prisoner sentenced to imprisonment for a term of 3 years or more: 15
(a) Has not been released on parole previously for that sentence; 16
and 17
(b) Is not otherwise ineligible for parole, 18
 the prisoner must be released on parole 12 months before the end 19
of his or her maximum term or maximum aggregate term, as 20
applicable, as reduced by any credits the prisoner has earned to 21
reduce his or her sentence pursuant to chapter 209 of NRS. 22
2. Except as otherwise provided in this section, a prisoner who 23
was sentenced to life imprisonment with the possibility of parole 24
and who was less than 16 years of age at the time that the prisoner 25
committed the offense for which the prisoner was imprisoned must, 26
if the prisoner still has a consecutive sentence to be served, be 27
granted parole from his or her current term of imprisonment to his 28
or her subsequent term of imprisonment or must, if the prisoner does 29
not still have a consecutive sentence to be served, be released on 30
parole, if: 31
(a) The prisoner has served the minimum term or the minimum 32
aggregate term of imprisonment imposed by the court, as applicable; 33
(b) The prisoner has completed a program of general education 34
or an industrial or vocational training program; 35
(c) The prisoner has not been identified as a member of a gr oup 36
that poses a security threat pursuant to the procedures for identifying 37
security threats established by the Department of Corrections; and 38
(d) The prisoner has not, within the immediately preceding 24 39
months: 40
(1) Committed a major violation of the r egulations of the 41
Department of Corrections; or 42
(2) Been housed in disciplinary segregation. 43
3. If a prisoner who meets the criteria set forth in subsection 2 44
is determined to be a high risk to reoffend in a sexual manner 45

– 17 –

- *AB408*
pursuant to NRS 213.1214, the Board is not required to release the 1
prisoner on parole pursuant to this section. If the prisoner is not 2
granted parole, a rehearing date must be scheduled pursuant to 3
NRS 213.142. 4
4. The Board shall prescribe any conditions necessary for the 5
orderly conduct of the parolee upon his or her release. 6
5. Each parolee so released must be supervised closely by the 7
Division, in accordance with the plan for enhanced supervision 8
developed by the Chief pursuant to NRS 213.122. 9
6. If a prisoner meets the crit eria set forth in subsection 1 and 10
[there are no current requests for notification of hearings made in 11
accordance with subsection 4 of NRS 213.131 or, if the Board is not 12
required to provide notification of hearings pursuant to NRS 13
213.10915, the Board ] a victim has not [been] requested to be 14
notified by the automated victim notification system [that a victim 15
of the prisoner has registered with the system to receive notification 16
of hearings, ] established pursuant to section 2 of this act 17
concerning the date on which the Board will consider a prisoner 18
for parole, the Board may grant parole to the prisoner without a 19
meeting. If the Board finds that there is a reasonable probability that 20
a prisoner considered for release on parole pursuant to subsection 1 21
will be a danger to public safety while on parole, the Board may 22
require the prisoner to serve the balance of his or her sentence and 23
not grant the parole. If, pursuant to this subsection, the Board does 24
not grant the parole provided for in s ubsection 1, the Board shall 25
provide to the prisoner a written statement of its reasons for denying 26
parole. 27
7. If the Board finds that there is a reasonable probability that a 28
prisoner considered for release on parole pursuant to subsection 2 29
will be a d anger to public safety while on parole, the Board is not 30
required to grant the parole and shall schedule a rehearing pursuant 31
to NRS 213.142. Except as otherwise provided in subsection 3 of 32
NRS 213.1519, if a prisoner is not granted parole pursuant to this 33
subsection, the criteria set forth in subsection 2 must be applied at 34
each subsequent hearing until the prisoner is granted parole or 35
expires his or her sentence. If, pursuant to this subsection, the Board 36
does not grant the parole provided for in subsect ion 2, the Board 37
shall provide to the prisoner a written statement of its reasons for 38
denying parole, along with specific recommendations of the Board, 39
if any, to improve the possibility of granting parole the next time the 40
prisoner may be considered for parole. 41
8. If the prisoner is the subject of a lawful request from another 42
law enforcement agency that the prisoner be held or detained for 43
release to that agency, the prisoner must not be released on parole, 44
but released to that agency. 45

– 18 –

- *AB408*
9. If the Divis ion has not completed its establishment of a 1
program for the prisoner’s activities during his or her parole 2
pursuant to this section, the prisoner must be released on parole as 3
soon as practicable after the prisoner’s program is established. 4
10. For the purposes of this section, the determination of the 5
12-month period before the end of a prisoner’s term must be 6
calculated without consideration of any credits the prisoner may 7
have earned to reduce his or her sentence had the prisoner not been 8
paroled. 9
Sec. 13. NRS 213.12155 is hereby amended to read as 10
follows: 11
213.12155 1. Notwithstanding any other provision of law, the 12
Board may grant geriatric parole to a prisoner if [he or she: ] the 13
prisoner: 14
(a) Has not been convicted of: 15
(1) A crime of violence; 16
(2) A crime against a child as defined in NRS 179D.0357; 17
(3) A sexual offense; 18
(4) Vehicular homicide pursuant to NRS 484C.130; or 19
(5) A violation of NRS 484C.430; 20
(b) Has not been found to be a habitual criminal pursuant to 21
NRS 207.010; 22
(c) Is not serving a sentence of life imprisonment without the 23
possibility of parole and has not been sentenced to death; 24
(d) Does not pose a significant and articulable risk to public 25
safety; and 26
(e) Is 65 years of age or old er and has served at least a majority 27
of the maximum term or maximum aggregate term, as applicable, of 28
his or her sentence. 29
2. Consideration for geriatric parole may be initiated by the 30
submission of a written application and supporting documentation to 31
the Board, including, without limitation, relevant medical records, 32
plans for parole, program participation records, institutional records, 33
documents concerning eligibility for Medicaid or Medicare and any 34
other relevant documents, from: 35
(a) A prison official or employee; 36
(b) A prisoner; 37
(c) An attorney or representative of a prisoner; 38
(d) A family member of a prisoner; or 39
(e) A medical or mental health professional. 40
3. Not later than 15 days after receipt of an application 41
submitted pursuant to sub section 2, the Board shall notify the 42
Department of the application and request verification of the 43
prisoner’s age and the length of time the prisoner has spent in 44
the custody of the Department. 45

– 19 –

- *AB408*
4. Upon receipt of a request from the Board submitted pursuant 1
to subsection 3, if the Department determines that the prisoner: 2
(a) Meets the criteria set forth in subsection 1, the Department 3
shall: 4
(1) Notify the Board of the prisoner’s eligibility for 5
consideration of geriatric parole; 6
(2) Place the prisoner on the next available list of persons 7
eligible for parole pursuant to NRS 209.254; and 8
(3) Provide to the Board a report prepared in accordance with 9
paragraph (c) of subsection 1 of NRS 213.131. 10
(b) Does not meet the criteria set forth in subse ction 1, the 11
Department shall notify the Board and explain the reasons for such a 12
determination. 13
5. Upon receipt of the list prepared pursuant to NRS 209.254, 14
the Board shall, after sending copies of the list to all law 15
enforcement agencies in this State and other appropriate persons in 16
accordance with subsection 5 of NRS 213.1085, schedule a hearing 17
to consider the geriatric parole of an eligible prisoner whose name 18
appears on the list. 19
6. Except as otherwise provided in subsection 7, the Board 20
shall schedule and conduct the geriatric parole hearing of a prisoner 21
in the same general manner in which other prisoners are considered 22
for parole. The Board shall notify the prisoner and the person 23
submitting the application pursuant to subsection 2 of the date , time 24
and location of the geriatric parole hearing. 25
7. When determining whether to grant geriatric parole to a 26
prisoner, the Board must consider: 27
(a) The prisoner’s: 28
(1) Age; 29
(2) Behavior while in custody; and 30
(3) Potential for violence; 31
(b) The reported severity of any illness, disease or infirmity of 32
the prisoner; and 33
(c) Any available alternatives for maintaining geriatric inmates 34
or inmates who have a medical condition in traditional settings. 35
8. The Board shall notify a prisoner of the Bo ard’s decision as 36
to whether to grant geriatric parole in accordance with subsection 37
[11] 9 of NRS 213.131. 38
9. At the time of the release of a prisoner on geriatric parole, 39
the Board shall prescribe the terms and conditions of the geriatric 40
parole. 41
10. A person who is granted geriatric parole pursuant to this 42
section is under the supervision of the Division. The Division is 43
responsible for supervising the person’s compliance with the terms 44
and conditions prescribed by the Board. 45

– 20 –

- *AB408*
11. Except as otherwise provided in this subsection, the Board 1
shall not take any action on an application submitted pursuant to 2
subsection 2 if the prisoner to whom the application pertains was 3
previously denied geriatric parole and less than 24 months have 4
elapsed since the m ost recent denial. The Board may take action on 5
such an application if a shorter period has been prescribed by the 6
Board or a request is made by the Director of the Department 7
because of the adverse health of the prisoner. 8
12. The provisions of this sect ion are not intended to replace 9
the provisions relating to the general eligibility and consideration of 10
parole provided in NRS 213.1099 and 213.1215. 11
13. The Board shall adopt any regulations necessary to carry 12
out the provisions of this section. 13
14. As used in this section, “Department” means the 14
Department of Corrections. 15
Sec. 14. NRS 213.131 is hereby amended to read as follows: 16
213.131 1. The Department of Corrections shall: 17
(a) Determine when a prisoner sentenced to imprisonment in the 18
state prison is eligible to be considered for parole; 19
(b) Notify the Board of the eligibility of the prisoner to be 20
considered for parole; and 21
(c) Before a meeting to consider the prisoner for parole, compile 22
and provide to the Board data that will assist the Board in 23
determining whether parole should be granted. 24
2. If a prisoner is being considered for parole from a sentence 25
imposed for conviction of a crime which involved the use of force 26
or violence against a victim a nd which resulted in bodily harm to a 27
victim and if original or duplicate photographs that depict the 28
injuries of the victim or the scene of the crime were admitted at the 29
trial of the prisoner or were part of the report of the presentence 30
investigation and are reasonably available, a representative sample 31
of such photographs must be included with the information 32
submitted to the Board at the meeting. A prisoner may not bring a 33
cause of action against the State of Nevada, its political 34
subdivisions, agencie s, boards, commissions, departments, officers 35
or employees for any action that is taken pursuant to this subsection 36
or for failing to take any action pursuant to this subsection, 37
including, without limitation, failing to include photographs or 38
including on ly certain photographs. As used in this subsection, 39
“photograph” includes any video, digital or other photographic 40
image. 41
3. Meetings to consider prisoners for parole may be held 42
semiannually or more often, on such dates as may be fixed by the 43
Board. All meetings are quasi -judicial and must be open to the 44
public. No rights other than those conferred pursuant to this section 45

– 21 –

- *AB408*
or pursuant to specific statute concerning meetings to consider 1
prisoners for parole are available to any person with respect to such 2
meetings. 3
4. [Except as otherwise provided in NRS 213.10915, not later 4
than 5 days after the date on which the Board fixes the date of the 5
meeting to consider a prisoner for parole, the Board shall notify the 6
victim of the prisoner who is being consider ed for parole of the date 7
of the meeting and of the victim’s rights pursuant to this subsection, 8
if the victim has requested notification in writing and has provided 9
his or her current address or if the victim’s current address is 10
otherwise known by the Bo ard. The victim of a prisoner being 11
considered for parole may submit documents to the Board and may 12
testify at the meeting held to consider the prisoner for parole. ] A 13
prisoner must not be considered for parole until the [Board] 14
automated victim notificati on system established pursuant to 15
section 2 of this act has notified any victim of his or her rights 16
pursuant to this subsection and the victim is given the opportunity to 17
exercise those rights. [If a current address is not provided to or 18
otherwise known b y the Board, the Board must not be held 19
responsible if such notification is not received by the victim.] 20
5. The Board may deliberate in private after a public meeting 21
held to consider a prisoner for parole. 22
6. The Board of State Prison Commissioners shall provide 23
suitable and convenient rooms or space for use of the State Board of 24
Parole Commissioners. 25
7. [Except as otherwise provided in NRS 213.10915, if a 26
victim is notified of a meeting to consider a prisoner for parole 27
pursuant to subsection 4, t he Board shall, upon making a final 28
decision concerning the parole of the prisoner, notify the victim of 29
its final decision. 30
8. All personal information, including, but not limited to, a 31
current or former address, which pertains to a victim and which is 32
received by the Board pursuant to this section is confidential. 33
9.] The Board may grant parole without a meeting, pursuant to 34
NRS 213.1215 or 213.133, but the Board must not deny parole to a 35
prisoner unless the prisoner has been given reasonable notice o f the 36
meeting and the opportunity to be present at the meeting. If the 37
Board fails to provide notice of the meeting to the prisoner or to 38
provide the prisoner with an opportunity to be present and 39
determines that it may deny parole, the Board may reschedul e the 40
meeting. 41
[10.] 8. During a meeting to consider a prisoner for parole, the 42
Board shall allow the prisoner: 43
(a) At his or her own expense, to have a representative present 44
with whom the prisoner may confer; and 45

– 22 –

- *AB408*
(b) To speak on his or her own behalf or to have his or her 1
representative speak on his or her behalf. 2
[11.] 9. Upon making a final decision concerning the parole of 3
the prisoner, the Board shall provide written notice to the prisoner of 4
its decision not later than 10 working days after the meeting and, if 5
parole is denied, specific recommendations of the Board to improve 6
the possibility of granting parole the next time the prisoner is 7
considered for parole, if any. 8
[12.] 10. For the purposes of this section, “victim” has the 9
meaning ascribed to it in NRS 213.005. 10
Sec. 15. NRS 213.133 is hereby amended to read as follows: 11
213.133 1. Except as otherwise provided in subsections 6, 7 12
and 8, the Board may delegate its authority to hear, consider and act 13
upon the parole of a prisoner and on any issue before the Board to a 14
panel consisting of: 15
(a) Two or more members of the Board, two of whom constitute 16
a quorum; or 17
(b) One member of the Board who is assisted by a case hearing 18
representative. 19
2. No action ta ken by any panel created pursuant to paragraph 20
(a) of subsection 1 is valid unless concurred in by a majority vote of 21
those sitting on the panel. 22
3. The decision of a panel is subject to final approval by the 23
affirmative action of a majority of the membe rs appointed to the 24
Board. Such action may be taken at a meeting of the Board or 25
without a meeting by the delivery of written approval to the 26
Executive Secretary of the Board. 27
4. The degree of complexity of issues presented must be taken 28
into account before the Board makes any delegation of its authority 29
and before it determines the extent of a delegation. 30
5. The Board shall adopt regulations which establish the basic 31
types of delegable cases and the size of the panel required for each 32
type of case. 33
6. A hearing concerning the parole of a prisoner or any 34
decision on an issue involving a person: 35
(a) Who committed a capital offense; 36
(b) Who is serving a sentence of imprisonment for life; 37
(c) Who has been convicted of a sexual offense involving the 38
use or threat of use of force or violence; 39
(d) Who is a habitual criminal; or 40
(e) Whose sentence has been commuted by the State Board of 41
Pardons Commissioners, 42
 must be conducted by at least three members of the Board, and 43
action may be taken only with the concurrence of at least four 44
members. 45

– 23 –

- *AB408*
7. If a recommendation made by a panel deviates from the 1
standards adopted by the Board pursuant to NRS 213.10885 or 2
the recommendation of the Division, the Chair must concur in the 3
recommendation. 4
8. In accordance with any regulations adopted by the Board, a 5
member of the Board or a person who has been designated as a case 6
hearing representative in accordance with NRS 213.135 shall review 7
the parole eligibility of a prisoner and recommend to the Board tha t 8
a prisoner be released on parole without a meeting if: 9
(a) The prisoner is not serving a sentence for a crime described 10
in subsection 6; 11
(b) The parole standards created pursuant to NRS 213.10885 12
suggest that parole should be granted; 13
(c) [There are no current requests for notification of hearings 14
made in accordance with subsection 4 of NRS 213.131 or, if the 15
Board is not required to provide notification of hearings pursuant to 16
NRS 213.10915, the Board] A victim has not [been] requested to be 17
notified by the automated victim notification system [that a victim 18
of the prisoner has registered with the system to receive notification 19
of hearings;] concerning the date on which the Board will consider 20
the prisoner for parole; and 21
(d) Notice to law enforcement of the eligibility for parole of the 22
prisoner was given pursuant to subsection 5 of NRS 213.1085, and 23
no person objected to granting parole without a meeting during the 24
30-day notice period. 25
9. If a member of the Board or a person who has been 26
designated as a case hearing representative in accordance with NRS 27
213.135 does not recommend that a prisoner be released on parole 28
without a meeting pursuant to subsection 8, the prisoner must have a 29
parole hearing. 30
10. A recommendation made in accordance with subsection 8 31
is subject to final approval by the affirmative action of a majority of 32
the members appointed to the Board. The final approval by 33
affirmative action must not take place until the expiration of the 30 -34
day notice period to law enforcement of the eligibility for parole of 35
the prisoner in accordance with subsection 5 of NRS 213.1085. 36
Such action may be taken at a meeting of the Board or without a 37
meeting of the Board by delivery of written approval to the 38
Executive Secretary of the Board by a majority of the members. 39
Sec. 16. NRS 178.5698 is hereby amended to read as follows: 40
178.5698 1. The prosecuting attorney, sheriff or chief of 41
police shall, upon the request of a victim or witness, inform the 42
victim or witness: 43
(a) When the defendant is released from custody at any time 44
before or during the trial, including, without limitation, when the 45

– 24 –

- *AB408*
defendant is released pending trial or subject to electronic 1
supervision; 2
(b) If the defendant is so released, the amount of bail required, if 3
any; and 4
(c) Of the final disposition of the criminal case in which the 5
victim or witness was directly involved. 6
2. A request for information pursuant to subsection 1 must be 7
made: 8
(a) In writing; or 9
(b) By telephone through an automated or computerized system 10
of notification, if such a system is available. 11
3. If an offender is convicted of a sexual offense or an offense 12
involving the use or threatened use of force or violence against the 13
victim, the court shall provide: 14
(a) To each witness, documentation that includes: 15
(1) A form advising the witness of the right to be notified 16
pursuant to subsection 5; 17
(2) The form that the witness must use to request notification 18
in writing; and 19
(3) The form or procedure that the wi tness must use to 20
provide a change of address after a request for notification has been 21
submitted. 22
(b) To each person listed in subsection 4, documentation that 23
includes: 24
(1) A form advising the person of the right to be notified 25
pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 26
178.4715, [209.392, 209.3923, 209.3925, 209.429, 209.521, 27
213.010,] 213.040 [,] and 213.095 [and 213.131 or NRS 28
213.10915;] , and section 2 of this act; 29
(2) The forms that the person must use to request 30
notification; and 31
(3) The forms or procedures that the person must use to 32
provide a change of address after a request for notificatio n has been 33
submitted. 34
4. The following persons are entitled to receive documentation 35
pursuant to paragraph (b) of subsection 3: 36
(a) A person against whom the offense is committed. 37
(b) A person who is injured as a direct result of the commission 38
of the offense. 39
(c) If a person listed in paragraph (a) or (b) is under the age of 40
18 years, each parent or guardian who is not the offender. 41
(d) Each surviving spouse, parent and child of a person who is 42
killed as a direct result of the commission of the offense. 43

– 25 –

- *AB408*
(e) A relative of a person listed in paragraphs (a) to (d), 1
inclusive, if the relative requests in writing to be provided with the 2
documentation. 3
5. Except as otherwise provided in subsection 6, if the offense 4
was a felony and the offender is imprisoned, the warden of the 5
prison shall, if the victim or witness so requests in writing and 6
provides a current address, notify the victim or witness at that 7
address when the offender is released from the prison. 8
6. If the offender was convicted of a violation of subsection 3 9
of NRS 200.366 or a violation of subsection 1, paragraph (a) of 10
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of 11
NRS 200.508, the warden of the prison shall notify: 12
(a) The immediate family of the victim if th e immediate family 13
provides their current address; 14
(b) Any member of the victim’s family related within the third 15
degree of consanguinity, if the member of the victim’s family so 16
requests in writing and provides a current address; and 17
(c) The victim, if the victim will be 18 years of age or older at 18
the time of the release and has provided a current address, 19
 before the offender is released from prison. 20
7. The warden must not be held responsible for any injury 21
proximately caused by the failure to give any notice required 22
pursuant to this section if no address was provided to the warden or 23
if the address provided is inaccurate or not current. 24
8. As used in this section: 25
(a) “Immediate family” means any adult relative of the victim 26
living in the victim’s household. 27
(b) “Sexual offense” means: 28
(1) Sexual assault pursuant to NRS 200.366; 29
(2) Statutory sexual seduction pursuant to NRS 200.368; 30
(3) Battery with intent to commit sexual assault pursuant to 31
NRS 200.400; 32
(4) An offense involving pornog raphy and a minor pursuant 33
to NRS 200.710 to 200.730, inclusive; 34
(5) Fertility fraud pursuant to paragraph (a) of subsection 1 35
of NRS 200.975; 36
(6) Incest pursuant to NRS 201.180; 37
(7) Open or gross lewdness pursuant to NRS 201.210; 38
(8) Indecent or obscene exposure pursuant to NRS 201.220; 39
(9) Lewdness with a child pursuant to NRS 201.230; 40
(10) Sexual penetration of a dead human body pursuant to 41
NRS 201.450; 42
(11) Sexual conduct between certain employees of a school 43
or volunteers at a school and a pupil pursuant to NRS 201.540; 44

– 26 –

- *AB408*
(12) Sexual conduct between certain employees of a college 1
or university and a student pursuant to NRS 201.550; 2
(13) Luring a child or a person with mental illness pursuant 3
to NRS 201.560, if punished as a felony; 4
(14) An offense that, pursuant to a specific statute, is 5
determined to be sexually motivated; or 6
(15) An attempt to commit an offense listed in this 7
paragraph. 8
Sec. 17. NRS 239.010 is hereby amended to read as follows: 9
239.010 1. Except as otherwise provided in this section and 10
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 11
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 12
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 13
80.113, 81 .850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 14
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 15
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 16
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 17
119A.280, 119A.653, 119A.67 7, 119B.370, 119B.382, 120A.640, 18
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 19
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 20
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 21
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 22
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 23
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 24
200.5095, 200.604, 202.3662, 205.4651, [209.392, 209.3923, 25
209.3925,] 209.419, [209.429, 209.521, ] 211A.140, [213.010,] 26
213.040, 213.095, [213.131,] 217.105, 217.110, 217.464, 217.475, 27
218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 28
218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 29
228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 30
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 31
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 32
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 33
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.13 0, 34
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 35
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 36
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 37
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 38
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 39
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 40
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 41
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 42
353A.049, 35 3A.085, 353A.100, 353C.240, 353D.250, 360.240, 43
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 44
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 45

– 27 –

- *AB408*
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 1
387.631, 388.1455, 388 .259, 388.501, 388.503, 388.513, 388.750, 2
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 3
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 4
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 5
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 6
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 7
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 8
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 9
425.400, 427A.1236, 427A.872, 427A.940, 432.028 , 432.205, 10
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 11
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 12
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 13
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 14
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 15
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 16
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 17
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 18
459.846, 463.120, 463.159 93, 463.240, 463.3403, 463.3407, 19
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 20
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 21
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 22
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 23
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 24
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 25
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 26
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 27
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 28
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 29
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 30
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 31
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 32
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 33
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 34
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 35
639.2485, 639.570, 64 0.075, 640.152, 640A.185, 640A.220, 36
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 37
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 38
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 39
641B.281, 641B.282, 641C.455, 641C.760, 64 1D.260, 641D.320, 40
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 41
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 42
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 43
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 44
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 45

– 28 –

- *AB408*
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 1
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 2
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 3
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 4
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 5
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 6
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 7
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 8
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 9
711.600, and section 2 of this act, sections 35, 38 and 41 of chapter 10
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 11
of Nevada 2013 and unless otherwise declared by law to be 12
confidential, all public books and public records of a governmental 13
entity must be open at all times during office h ours to inspection by 14
any person, and may be fully copied or an abstract or memorandum 15
may be prepared from those public books and public records. Any 16
such copies, abstracts or memoranda may be used to supply the 17
general public with copies, abstracts or memoranda of the records or 18
may be used in any other way to the advantage of the governmental 19
entity or of the general public. This section does not supersede or in 20
any manner affect the federal laws governing copyrights or enlarge, 21
diminish or affect in any other manner the rights of a person in any 22
written book or record which is copyrighted pursuant to federal law. 23
2. A governmental entity may not reject a book or record 24
which is copyrighted solely because it is copyrighted. 25
3. A governmental entity that has legal custody or control of a 26
public book or record shall not deny a request made pursuant to 27
subsection 1 to inspect or copy or receive a copy of a public book or 28
record on the basis that the requested public book or record contains 29
information t hat is confidential if the governmental entity can 30
redact, delete, conceal or separate, including, without limitation, 31
electronically, the confidential information from the information 32
included in the public book or record that is not otherwise 33
confidential. 34
4. If requested, a governmental entity shall provide a copy of a 35
public record in an electronic format by means of an electronic 36
medium. Nothing in this subsection requires a governmental entity 37
to provide a copy of a public record in an electronic fo rmat or by 38
means of an electronic medium if: 39
(a) The public record: 40
(1) Was not created or prepared in an electronic format; and 41
(2) Is not available in an electronic format; or 42
(b) Providing the public record in an electronic format or by 43
means of an electronic medium would: 44
(1) Give access to proprietary software; or 45

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- *AB408*
(2) Require the production of information that is confidential 1
and that cannot be redacted, deleted, concealed or separated from 2
information that is not otherwise confidential. 3
5. An officer, employee or agent of a governmental entity who 4
has legal custody or control of a public record: 5
(a) Shall not refuse to provide a copy of that public record in the 6
medium that is requested because the officer, employee or agent has 7
already prepared or would prefer to provide the copy in a different 8
medium. 9
(b) Except as otherwise provided in NRS 239.030, shall, upon 10
request, prepare the copy of the public record and shall not require 11
the person who has requested the copy to prepare the copy h imself 12
or herself. 13
Sec. 18. NRS 209.521, 213.10915 and 228.205 are hereby 14
repealed. 15
Sec. 19. This act becomes effective on January 1, 2026. 16

TEXT OF REPEALED SECTIONS

209.521 Notification of victim of escape or release of
offender.
1. If a victim of an offender provides his or her current address
to the Director and makes a written request for notification of the
offender’s release or escape, the Director shall notify the victim if
the offender:
(a) Will be released into the community for the purpose of
employment, training or education, or for any other purpose for
which release is authorized; or
(b) Has escaped from the custody of the Department.
2. An offender must n ot be temporarily released into the
community for any purpose unless notification of the release has
been given to every victim of the offender who has requested
notification and has provided his or her current address.
3. The Director may not be held re sponsible for any injury
proximately caused by the Director’s failure to give any notice
required pursuant to subsection 1 or 2 if no address was provided to
the Director or the address provided is inaccurate or not current.
4. All personal information, including, but not limited to, a
current or former address, which pertains to a victim and which is
received by the Director pursuant to this section is confidential.
5. As used in this section, “victim” has the meaning ascribed to
it in NRS 213.005.

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- *AB408*
213.10915 Automated victim notification of eligibility of
prisoner for residential confinement and consideration for
parole; requirements; exceptions.
1. The Board, in consultation with the Division, may enter into
an agreement with the manager of an auto mated victim notification
system to notify victims of the information described in NRS
209.392, 209.3923, 209.3925 and 209.429 and subsections 4 and 7
of NRS 213.131 through the system if the system is capable of:
(a) Automatically notifying by telephone or electronic means a
victim registered with the system of the information described in
NRS 209.392, 209.3923, 209.3925 and 209.429 and subsections 4
and 7 of NRS 213.131 with the timeliness required by NRS
209.392, 209.3923, 209.3925 and 209.429 and subse ctions 4 and 7
of NRS 213.131; and
(b) Notifying victims registered with the system, using language
provided by the Board, if the Board decides that it will discontinue
the use of the system to notify victims of the information described
in NRS 209.392, 209.3923, 209.3925 and 209.429 and subsections 4
and 7 of NRS 213.131. The notice must:
(1) Be provided to each victim registered with the system not
less than 90 days before the date on which the Board will
discontinue use of the system; and
(2) Advise each victim to submit a written request for
notification pursuant to subsection 4 of NRS 213.131 if the victim
wishes to receive notice of the information described in NRS
209.392, 209.3923, 209.3925 and 209.429 and subsections 4 and 7
of NRS 213.131.
2. The Division is not required to notify the victim of an
offender of the information described in NRS 209.392, 209.3923,
209.3925 and 209.429, and the Board is not required to notify the
victim of a prisoner of the information described in subsections 4
and 7 of NRS 213.131 if:
(a) The Board has entered into an agreement pursuant to
subsection 1; and
(b) Before discontinuing the notification of victims pursuant to
NRS 209.392, 209.3923, 209.3925 and 209.429 and subsections 4
and 7 of NRS 213.131, the Boa rd, not less than two times and not
less than 60 days apart, has notified each victim who has requested
notification pursuant to subsection 4 of NRS 213.131 and who has
provided his or her current address or whose current address is
otherwise known by the Board of the change in the manner in which
a victim is notified of the information described in NRS 209.392,
209.3923, 209.3925 and 209.429 and subsections 4 and 7 of NRS
213.131. The notice must:

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- *AB408*
(1) Advise the victim that the Division will no longer no tify
the victim of the information described in NRS 209.392, 209.3923,
209.3925 and 209.429, that the Board will no longer notify the
victim of the information described in subsections 4 and 7 of NRS
213.131, and that the victim may register with the autom ated victim
notification system if he or she wishes to be notified of the
information described in NRS 209.392, 209.3923, 209.3925 and
209.429 and subsections 4 and 7 of NRS 213.131; and
(2) Include instructions for registering with the automated
victim notification system to receive notice of the information
described in NRS 209.392, 209.3923, 209.3925 and 209.429 and
subsections 4 and 7 of NRS 213.131.
3. For the purposes of this section, “victim” has the meaning
ascribed to it in NRS 213.005.
228.205 Victim Information Notification Everyday System:
Creation; Governance Committee; gifts, grants and donations;
cooperation of certain state and local agencies; no cause of
action by victim of crime established by failure of System.
1. There is hereby created in the Office of the Attorney General
the Victim Information Notification Everyday System, which
consists of a toll -free telephone number and an Internet website
through which victims of crime and members of the public may
register to receive automa ted information and notification
concerning changes in the custody status of an offender.
2. The Committee on Domestic Violence appointed pursuant to
NRS 228.470 shall serve as the Governance Committee for the
System.
3. The Governance Committee may adopt policies, protocols
and regulations for the operation and oversight of the System.
4. The Attorney General may apply for and accept gifts, grants
and donations for use in carrying out the provisions of this section.
5. To the extent of available funding, each sheriff and chief of
police, the Department of Corrections, the Department of Public
Safety and the State Board of Parole Commissioners shall cooperate
with the Attorney General to establish and maintain the System.
6. The failure of the Sy stem to notify a victim of a crime of a
change in the custody status of an offender does not establish a basis
for any cause of action by the victim or any other party against the
State, its political subdivisions, or the agencies, boards,
commissions, departments, officers or employees of the State or its
political subdivisions.
7. As used in this section:
(a) “Custody status” means the transfer of the custody of an
offender or the release or escape from custody of an offender.

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- *AB408*
(b) “Offender” means a p erson convicted of a crime and
sentenced to imprisonment in a county jail or in the state prison.

H