Gov. Joe Lombardo proposed softening some of the strictest provisions of his far-reaching criminal justice bill, but it did little to placate legislators' concerns that the measure failed to adequately address public safety issues. 

Presented in front of the Senate Judiciary Committee in a nearly six-hour hearing — its first this session — SB457 would impose harsher sentences for repeat offenders and for a large swath of crimes, including possession of child pornography, as well as lower the thresholds for burglary to be considered a felony offense. The measure as presented would also expand the definition of domestic violence and increase penalties for juveniles who commit multiple offenses against teachers or foster care workers. 

Although an amendment from the governor’s office did cut down on some of the harsher proposals, including slashing sections that would have lowered the quantity of fentanyl that triggers a trafficking charge and raised the number of offenses required to consider someone a “habitual offender,” Democratic legislators who control both houses maintained that many of the provisions were still too tough — and even brought forth their own amendment with more changes to the bill. 

“I have a hard time understanding why we need to do these things,” Sen. Rochelle Nguyen (D-Las Vegas) said during the hearing. 

In its current iteration, the bill (much like Lombardo’s 2023 proposal) would undo much of a 2019 criminal justice overhaul that sought to curtail the state’s ballooning prison population and avert an estimated $770 million in new costs over the next decade. That bill lessened penalties for felony theft and relaxed certain burglary statutes — which this bill could reverse if passed. 

Accommodating a new population? 

A fiscal note attached to the original bill projects that the measure could eventually cost the state an additional $42 million every two years and eventually lead to about 630 people more in the prison system. Over the next two years, the Nevada Department of Corrections (NDOC) fiscal note projects that the bill would cost upward of $10 million dollars. 

NDOC is already facing a $53 million budget deficit, but department officials said that the amended version would reduce the initial fiscal note from $42 million to $12 million over future two-year budget cycles, in part because of an amendment that would permit the correctional agency to establish an alternate transitional custody program for certain inmates eligible for parole— an effort to release additional nonviolent prisoners from custody. 

To be eligible for that program, incarcerated people would have to have served at least 50 percent of their sentences and need family or residential support, according to NDOC Director James Dzurenda. 

Dzurenda added that there are about 800 individuals eligible for this type of release, but nearly a fourth don’t have a place to go upon release. NDOC has no plans to build additional transitional housing, he said.

In contrast to the increase of 630 incarcerated people under the original bill, the governor’s amended version would lead to an eventual increase of 95 prisoners, NDOC officials said. 

The amendment would also allocate an additional $4 million in state general funds to the department over the next biennium to fund the changes from the bill. An additional $1.8 million would be allocated toward courts for the costs of complying with the act.  

Pushback against harsher penalties

One of the largest changes the bill would make is lowering the felony theft threshold from $1,200 to $750  — something Lombardo unsuccessfully pushed for during the 2023 session, and is still proposing now. 

But legislators questioned whether lowering the threshold was necessary. State data indicates that property crime and violent crime have ticked down in Nevada over the past two years, but bill presenters maintained that lowering the felony theft threshold and cracking down on repeat offenders is key to addressing an uptick in theft in parts of Northern Nevada.

Data from the Sparks Police Department presented during the hearing shows that reports of retail theft at a mall in Sparks jumped from about 100 to nearly 750 people in the past two years. Bill presenters from the Washoe County District Attorney’s Office further contended that increase in petty theft leads to higher prices and reduced access to essential products.

Lawmakers also raised red flags about a provision that would ban diversion courts — which allow some defendants to complete treatment programs as opposed to jail time — for those who commit crimes against children and the elderly. They argued that diversion programs could help people struggling with addiction and have been demonstrated to reduce recidivism rates.

“We are putting more people into a situation that can lead them to recidivism,” Nguyen said. 

Legislators, including Sen. Ira Hansen (R-Sparks) and Melanie Scheible (D-Las Vegas), also pushed back against language in the amendment that would make it legal for a law enforcement officer to listen to or intercept electronic communication or phone calls for the purpose of investigating a sexual offense against a child, although bill presenters said similar laws exist in California.  

They further took aim at an effort that would expand the use of hearsay evidence — statements made outside of court — at preliminary hearings related to sexual offenses against children. 

“How do you know before you start that it's going to be for the sole purpose? How do you prevent that you’re not finding a great deal of other evidence?” Hansen said.

Scheible, alongside other Democratic lawmakers, said the governor’s office did not consult enough with groups beyond law enforcement and district attorneys’ offices in drafting the bill language — which is why she solicited another major amendment to the bill that reflected input from a more diverse group of interested parties. 

The amendment would further soften penalties included in the original bill, including the diversion court ban and the proposed stricter sentencing for burglary. It also eliminated a section that would have shifted the burden for individuals convicted of certain crimes to prove why they should be released on bail.

Lombardo’s bill and amendment, however, drew support from law enforcement agencies across the state, including the Las Vegas Metropolitan Police Department and the Washoe County’s Sheriff’s Office, whose representatives said that the measure could help strengthen public safety and reduce crime rates. It was also backed by the Nevada Resort Association.

“This bill not only aims to reduce crime rates, but fosters trust between citizens and law enforcement agencies,” Jason Walker, a representative for the Washoe County’s Sheriff's Office testified.