To read about what lawmakers are doing to reshape the criminal justice system this session, click here.

Dozens of bills this session — mostly from Democratic lawmakers — seek to reverse “tough on crime” laws and refocus more on rehabilitating offenders.

The broad spectrum of bills seek to reform almost every juncture in the criminal justice process, from the earliest stages of bail-setting and jail diversion to the re-entry and re-employment at the end of the road. With less than a month left in the legislative session, most are still waiting for key votes, and it’s unclear how many will pass and be signed into law by Republican Gov. Brian Sandoval.

Here’s a look at many of the criminal justice reform bills up this session, and their status in the legislative process:

Bail and rights to counsel:

• AB136 - Releasing someone without bail: Requires the court to consider whether one or more conditions can be imposed on a person to mitigate the risk of failure to appear or the risk to public safety and authorizes the court to use an evidence-based risk assessment tool in deciding whether there is good cause to release a person without bail. The measure, sponsored by Democratic Assemblywoman Dina Neal, passed out of the Assembly 36-6 in April and was voted out of Senate Judiciary last week.
• SB377 - Right to counsel: Creates the Nevada Right to Counsel Commission, which will be authorized to establish certain standards governing public defenders. The bill also authorizes certain counties to transfer responsibility for the provision of all or certain indigent defense services to the Office of Indigent Legal Services (formerly the Office of State Public Defender), requiring the office to engage independent expertise to conduct periodic evaluations of indigent defense services. The bill, sponsored by the Senate Judiciary Committee, was heard in Senate Finance last week and has yet to receive its first floor vote.

Diversion programs:

• AB470 - Pre-prosecution diversion program: Creates a pre-prosecution diversion program for certain people who have been accused of committing a misdemeanor crime. Defendants who are eligible for the program include those who are charged with a misdemeanor other than a violent crime or driving under the influence, have not been previous convicted of a crime other than a minor traffic offense and have not been previously ordered to complete a pre-prosecution diversion program. The bill, sponsored by Democratic Assemblyman Steve Yeager, passed the Assembly 30-12 last month and was heard in Senate Judiciary last week.
• SB449 - Treatment programs for veterans: Existing law in Nevada allows district courts to place offenders who are veterans or members of the military on probation and require them to attend and complete a treatment program. The bill, sponsored by the Senate Judiciary Committee, requires justice courts and municipal courts to establish similar programs. Three similar bills AB56, sponsored by the Assembly Judiciary Committee, AB426, sponsored by Democratic Assemblyman Will McCurdy, and SB280, sponsored by Senate Judiciary, have died.

Convictions, judgments and sentencing:

• AB259 - Vacating and sealing marijuana conviction records: Allows a person who was convicted of a misdemeanor for the possession of one ounce or less of marijuana or a violation of any provision of law involving marijuana that is legal as of January 1 to petition the court to vacate the judgment and seal all documents related to the case. The measure, sponsored by Democratic Assemblyman Will McCurdy, passed out of the Assembly on a 27-15 vote on party lines and was heard in Senate Judiciary last week. A similar measure sponsored by Democratic Assemblywoman Brittney Miller, AB345, died without receiving a committee hearing.
• AB216 - Acts committed by children who have been abused or trafficked: Would have established a presumption that a child acts in self-defense if he or she commits an act determined to be not delinquent against a person who has physically or sexually abused or trafficked the child. The bill, sponsored by Republican Assemblyman John Hambrick, was heard in Assembly Judiciary in March but died without a vote.
• AB438 - Drug possession: Establishes the crimes of level 1 and level 2 drug possession and changes provisions relating to the reduction or suspension of the sentence of someone convicted of level 1 drug possession involving controlled substances. The bill, sponsored by Democratic Assemblyman Edgar Flores, passed the Assembly on a 31-11 vote and is scheduled for a vote in Senate Health and Human Services on Monday.
• SB473 - Reduced penalties for lewdness by a minor: Provides that the increased penalty for open or gross lewdness who makes any open and indecent or obscene exposure of his or her person in the presence of a child under the age of 18 or a vulnerable person does not apply if the person committing the offense is younger than 18. The measure, sponsored by the Senate Judiciary Committee, passed out of the Senate 21-0 and was heard in Assembly Judiciary last week.
• AB218 - Age in mandatory minimums: Authorizes the court after considering all required factors to reduce any mandatory minimum period of incarceration that the person is required to serve by not more than 35 percent if the court determines that a departure or reduction is warranted given the age of the person and the person’s prospects for rehabilitation. The bill, sponsored by Republican Assemblyman John Hambrick, passed out of the Assembly 37-1 in April and is up for a hearing in Senate Judiciary next week.
• SB230 - Debtor judgements: Increases the exemption of a judgment debtor’s disposable earning for any workweek to 82 percent if the gross weekly salary or wage of the debtor was $770 or less and maintains the exemption at 75 percent of a debtor’s disposable earnings for any workweek if the gross weekly salary or wage exceeded $770, among other provisions. The bill, sponsored by the Senate Judiciary Committee, passed the Senate 20-1 last month and was voted out of Assembly Judiciary last week.
• SB184 - Aggregating penalties: Provides that if a court imposes certain additional penalties on a person, the sentence imposed for an additional penalty must be aggregated with the sentence for the underlying offense. The bill, sponsored by Democratic Sen. David Parks, is currently awaiting a hearing in Senate Finance.
• AB326 - Challenging gang member description: This bill, backed by Democratic Assemblyman William McCurdy II, would make it easier for a defendant to make a challenge when the Division of Parole and Probation describes them as a gang member in a pre-sentence investigation report. If the division believes the defendant disputes information about their gang affiliation, they must tell the defendant and provide supporting documentation. The bill also authorizes a court to order a correction in the pre-sentence report if the prosecution and defense agree to it. The bill passed the Assembly Corrections, Parole and Probation Committee and is now in the Assembly Ways and Means Committee. It hasn’t had a floor vote.
• SB275 - Reducing penalties for burglary: This bill, sponsored by Democratic Sen. Kelvin Atkinson, would have reclassified burglary as a category C felony, which is punishable by 1-5 years behind bars and a fine of up to $10,000. That would be a downgrade from existing law that generally classifies burglary as a category B felony punishable by 1-10 years in prison. The measure had a hearing in the Senate Judiciary Committee but died without getting a vote by deadline.
• SB451 - Creates Nevada Sentencing Commission: This bill, brought on behalf of the Advisory Commission on the Administration of Justice, would create the Nevada Sentencing Commission. The group would make recommendations about the adoption of sentencing guidelines. The commission would be allowed to request one bill each legislative session related to matters it’s considering. The bill passed the Senate Judiciary Committee and is now in the Senate Finance Committee. It has yet to receive any floor votes.

Prison conditions:

• AB74 - HIV notification: This bill, brought on behalf of the Nevada Department of Corrections, reduces the number of people who must be notified when a prisoner tests positive for HIV. Prison officials say they were notified by the Department of Justice that they were out of compliance with federal law on their HIV policy. The permissive policy allowed the names of HIV-positive inmates to get out to other inmates, who bullied them, told them they didn’t want them working in the kitchen, etc. The bill passed the Assembly 39-1 and is now working its way through the Senate.
• AB180 - Rights for youth in detention: Democratic Assemblywoman Daniele Monroe-Moreno’s AB180 lays out a bill of rights for youth in detention centers. The measure enshrines a child’s right to education, healthy food and physical and mental health services. It also specifies that a young inmate should be free from corporal punishment unless it’s a reasonable use of force necessary to maintain the safety of the child or others, and free from psychotropic medications unless staff is adhering to policies laid out in the law. It passed the Assembly in a unanimous 38-0 vote and is now in the Senate.
• AB237 - Abolishing the death penalty: Democrats wanted to abolish Nevada’s little-used death penalty and make life in prison the worst possible punishment, but that bill foundered amid opposition from prosecutors, emotional testimony from crime victims’ families and a cold shoulder from Gov. Brian Sandoval. Democratic Assemblyman James Ohrenschall backed the bill, which got a hearing but was never brought up for a vote. Nevada currently can’t carry out the death penalty even though it has a new execution chamber because drugs it needs for the lethal cocktail have expired and suppliers haven’t stepped up to replace it. Department of Corrections chief James Dzurenda has said the agency is exploring its options for finding a replacement if the need arises.
• AB420 - Technology for prisoners for job searches and education: Prisoners are allowed to use telephones for communicating with their children in certain circumstances, but would allow them to use such devices in even more situations. The bill was sponsored by Democratic Assemblyman James Ohrenschall and passed the Assembly in a 29-13 vote. It’s now in the Senate. It allows use of a phone, cellphone or computer for more visits and correspondence, accessing educational resources, searching for a job or performing job task, if prison officials approve. The issue came up in an earlier budget hearing, when prisons officials indicated that inmates housed at a private prison out of state could Skype their relatives. Democratic lawmakers said they hoped to bring that to Nevada’s state prisons.
• SB306 - Videoconference visitation: Allows videoconference visitation and also creates a pilot program, administered by the College of Southern Nevada, for education and vocational training. The bill, backed by Democratic Sen. Aaron Ford, passed the Senate Judiciary Committee and is now in the Senate Finance Committee. It hasn’t been brought up for a floor vote.
• AB472 - Juvenile Justice Oversight Commission: This bill, backed by Gov. Brian Sandoval, creates the Juvenile Justice Oversight Commission, which will administer a technical assistance grant from the Council of State Governments Justice Center and undertake a comprehensive review of the Nevada’s juvenile justice system. The legislation also requires the juvenile court to conduct a risk assessment and mental health screening before deciding a case involving a child who is considered delinquent and makes changes to parole for children. It passed the Assembly Judiciary Committee and is scheduled for a hearing in Assembly Ways and Means on May 16. It hasn’t had a floor vote.
• AB303 - Private prison ban: This bill from Democratic Assemblywoman Daniele Monroe-Moreno originally sought to ban Nevada’s use of private prisons, but was later amended to institute a ban after five years, unless lawmakers intervene between now and then. Corrections officials plan to send up to 400 inmates to out-of-state private prisons in the upcoming biennium as they remodel a housing unit at one of their facilities. The bill passed the Assembly Corrections, Parole and Probation Committee and is now in the Assembly Ways and Means Committee. It hasn’t had a floor vote.  
• AB336 - Veterans education: This bill from Republican Assemblyman Chris Edwards requires a warden to report the education needs and vocational skills of prisoners who are veterans. It also requires wardens to establish and improve education and workforce programs targeted to veterans. The bill passed the Assembly Corrections, Parole and Probation committee and is now in the Assembly Ways and Means Committee. It hasn’t had a floor vote.
• SB393 - Prisoner telemarketing and opinion polling: This bill, backed by Democratic Sen. David Parks, would make it easier for the state to purchase supplies made by prisoners. It would also remove a ban on inmates telemarketing and conducting opinion polls as part of their in-prison jobs. The bill unanimously passed the Senate and also passed the Assembly Corrections, Parole and Probation Committee.
• SB402 - Solitary confinement: This bill, backed by Democratic Sen. Pat Spearman, prevents prisons from placing people in solitary confinement as a disciplinary measure unless the inmate has a hearing first. It also bars placing people in solitary confinement solely on the basis of their mental illness. When inmates are in disciplinary segregation, they must be kept there for as little time as possible to reduce the threat of harm. The measure passed the Senate Judiciary Committee but hasn’t had a floor vote. It’s now in the Senate Finance Committee.

Re-Entry

• AB302 - Parole and Probation under the Department of Corrections: This bill would move the Division of Parole and Probation out from under the Department of Public Safety and into the purview of the Department of Corrections by mid-2019. The bill passed the Assembly Corrections, Parole and Probation committee and is now in the Assembly Ways and Means Committee. It hasn’t had a floor vote.
• SB268 - IDs for inmates upon release: This bill requires the Nevada Department of Corrections to provide inmates, upon their release, a photo identification card with personal details that have been formally verified. Existing law didn’t require the department to find backup information before issuing the cards. The bill also requires the DMV to accept such ID cards as proof of offenders’ name and age so they can apply for a regular driver’s license. It passed the Senate 14-7, with all Democrats, Independent Patty Farley and Republicans Becky Harris and Heidi Gansert voting in favor. It also passed the Assembly Corrections, Parole and Probation Committee.
• AB316 - Re-entry employment programs: This bill, backed by Democratic Assemblyman Tyrone Thompson, authorizes the corrections director to provide certain prisoners with re-entry programs related to employment at least three months before their release date. It also allows for mediation services for the offender and their family and friends. The measure encourages the prison system to collaborate with the governor-established Nevada Community Re-Entry Task Force. It passed the Assembly unanimously and has passed the Senate Judiciary Committee.
• AB421 - Residential confinement for certain offenders: This bill backed by Democratic Assembly James Ohrenschall requires a residential confinement program for offenders who have been granted parole but aren’t eligible for release. Such programs allow for house arrest, in which a prisoner can leave their home for work or treatment, but is subject to GPS monitoring. The bill passed the Assembly Corrections, Parole and Probation committee and is now in the Assembly Ways and Means Committee. It hasn’t had a floor vote.

Parole, probation and reducing or commuting sentences:

• AB251 - Commuting sentences of those convicted younger than 18: Authorizes the State Board of Pardons Commission to commute sentences of death of life imprisonment without the possibility of parole to a sentence that would allow parole if the person is convicted of any crime the person committed when he or she was younger than 18. The measure, sponsored by Republican Assemblyman John Hambrick, passed out of the Assembly in April on a 38-0 vote and will be heard in Senate Judiciary on Tuesday.
• AB25 - Deductions for probation: Revises the requirements that a probationer must satisfy to be allowed a deduction from his or her period of probation and removes the requirement that the probationer be in compliance with the terms and condition so f the probation and be current on payment of fines and fees ordered by the court. The bill, sponsored by the Assembly Corrections, Parole and Probation Committee, passed out of the Assembly 41-0 in March and was voted out of Senate Judiciary in early May.
• SB140 - Residential confinement for elderly offenders: Nevada law currently allows the director of the Department of Corrections to assign any offenders to residential confinement or other supervision for the remainder of the person’s sentence if he or she is incapacitated or ill to the point where he or she is unlikely to pose a public safety threat or is expected to die within 12 months. The bill, sponsored by Republican Sen. Joe Hardy, would extend that provision to apply to offenders who are at least 65 years old, have not been convicted of certain offenses and have served at least a majority of the maximum terms of their sentence. The Senate passed the legislation last month on a 13-9 vote, with Democrats, Independent Sen. Patricia Farley and Hardy supporting the bill. It was voted out of Assembly Corrections, Parole and Probation on May 9.
• SJR1 - Clemency Board: Proposes to amend the Nevada Constitution to replace the State Board of Pardons Commissioners with the Clemency Board, consisting of nine members appointed by the governor, chief justice of the supreme court and attorney general. Five members of the board would be required to have experience working in the criminal justice system. The resolution, sponsored by Democratic Sen. David Parks, passed the Senate 20-1 and was heard in Assembly Corrections, Parole and Probation in April.

Sealing records and restoring rights:

• AB107 - Eviction records sealed: Provides that eviction court files relating to actions for summary eviction are sealed automatically upon entry of a court order denying or dismissing the action or if a landlord fails to file an affidavit of complaint within 30 days after a tenant files an affidavit to contest the matter. The bill, introduced by Democratic Assemblywoman Shannon Bilbray-Axelrod, passed out of the Assembly 38-0 and out of the Senate 11-9 but has yet to be transmitted to the governor.
• AB327 - Record-sealing after dishonorable discharge: Authorizes someone who was dishonorably discharged from probation to apply to the court to seal his or her records if otherwise eligible to have the records sealed. The bill also reduces the length of certain periods that a person is required to wait before petitioning the court to seal records and removes the requirement that a petition be accompanied by the petitioner’s current, verified records received from local agencies of justice. The bill, sponsored by Democratic Assemblyman Will McCurdy, passed out of Assembly, Corrections, Parole and Probation but has yet to be voted on by the full Assembly.
• SB125 - Restoration of civil rights: Requires certain lower-level offenders’ rights to vote and serve as a juror on a criminal or civil action to be restored after they complete one year of their term of probation. The bill also revises the period someone must wait before he or she is authorized to petition the court to seal his or her records related to the conviction. The bill, sponsored by Democratic Senate Majority Leader Aaron Ford, passed out of the Senate on a 12-9 vote on party lines in April and was passed out of Assembly, Corrections, Parole and Probation last week.
• AB181 - Restoration of civil rights: Would allow individuals convicted of two or more felonies to have their rights to vote restored immediately after discharge from probation, parole or prison. Those who were convicted of a category A felony or category B felony involving substantial bodily harm would be able to have their right to vote restored after two years. It also allows someone dishonorably discharged from probation to have his or her civil rights restored and restores rights to those who have not had their rights restored and are not on probation, parole or serving a sentence as of October 1, 2017. The bill, sponsored by Democratic Assembly Speaker Jason Frierson, is currently sitting on the Chief Clerk’s desk in the Assembly and has yet to receive a vote from the body.
• AB384 - "Ban the box" for government jobs: Would provide that the criminal history of an applicant under consideration for a state, county, city or unincorporated town job may be considered only after the applicant has been certified by human resources. During that certification process, the administrator would not be allowed to consider the criminal history of the applicant. The bill, sponsored by Democratic Assemblyman Tyrone Thompson, passed out of the Assembly on a 27-15 vote on party lines and is scheduled for a hearing in the Senate Legislative Operations and Elections Committee on Monday.

Miscellaneous:

• SB35 - Criminal Justice Information Sharing: Creates the Subcommittee on Criminal Justice Information Sharing of the Advisory Commission on the Administration of Justice and requires the subcommittee to review issues related to records of criminal history. The subcommittee will be authorized to appoint working groups. The bill, sponsored by the Senate Judiciary Committee, passed out of the Senate in March 20-0 and was voted out of Assembly Judiciary last week.

People walk in the foyer at the Regional Justice Center on Wednesday, May 3, 2017. Photo by Jeff Scheid/The Nevada Independent.