Tuesday, March 12, 2013

NV Legislature: proposed changes in bills

Proposed Amendments to AB 65
Contact Information: John Witherow, President NV Cure
231.313.0059 or Nevadacure@gmail.com

Propose to Amend Bill as follows:
Amend the bill by amending Section 2, page 3 by deleting the words grant, deny,
continue in line 7 and the words or to establish or modify the terms of the parole of a prisoner in lines 8 and 9

(c) Meetings of the State Board of Parole Commissioners
7 when acting to grant, deny, continue or revoke the parole of a
8 prisoner or to establish or modify the terms of the parole of a
9 prisoner.

Purpose of amendment: To bring that section into compliance with current NRS

NRS 213.1214 Evaluation of prisoners by panel before grant or continuation of
parole; panel to adopt standards of assessment; immunity; regulations; duties of
panel; conduct of meetings of panel.
10.  Meetings of a panel pursuant to this section must be conducted in accordance with the provisions of chapter 241 of NRS.

NRS 213.131  Consideration for parole: Duties of Department of Corrections;
use of photographs related to offense during meeting of the State Board of Parole
Commissioners; conduct of meeting; notice of meeting to victim; prisoner’s rights;
notice to prisoner of decision of Board
3.   Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

Explanation:

NV-Cure agrees with and requests that you amend Section 2(d) as requested by Special Deputy Attorney General Brett Kandt and George Taylor (Amendment #1)

NV-CURE adamantly opposes the inclusion of Section 2(c) exempting the Board
of Parole Commissioners when acting to grant, deny, continue or revoke parole of a prisoner or to establish or modify the terms of parole of a prisoner. The Parole Board ONLY ACTS IN A QUASI-JUDICIAL CAPACITY when revoking a parole of a
prisoner (Prisoners are provided minimum required due process procedural protections in a parole REVOCATION hearings) and those hearings, which are open to the public, may be exempted from all OML requirements.

However, the Parole Board is NOT ACTING in a quasi-judicial capacity when acting to grant, deny, continue parole or when acting to establish or modify the terms of a parole and those procedures are currently under the OML as evidenced in NRS 213.1214 and NRS 213.131.

Without changes to the provisions of Section 2(c) reflecting the position of NV-
CURE and the elimination of Section 2(d), in our opinion the bill needs to die in
committee as those sections are not in compliance with the current NRS.

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