July 29, 2020 NSC Meeting Materials
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Nevada Sentencing Commission Meeting July 29, 2020 Agenda and Meeting Materials Table of Contents of Materials Agenda Agenda Item #3 Materials: Draft Minutes from 6/24/2020 Meeting Agenda Item #4 Materials: Director’s Report Agenda Item #5 Materials: Projected Amount of Costs Avoided Report Appendix Agenda Item #6 Materials: 6.A.i: Washoe District Attorney 6.A.ii: Nevada Department of Sentencing Policy 6.A.iii: Parole and Probation 6.A.iv: Division of Public and Behavioral Health Steve Sisolak James W. Hardesty Governor Chair, Nevada Sentencing Commission Victoria Gonzalez Chuck Callaway Vice Chair, Nevada Sentencing Commission Executive Director STATE OF NEVADA DEPARTMENT OF SENTENCING POLICY 625 Fairview Drive, Suite 121 / Carson City, NV 89701-5430 Phone: (775) 684-7390 http://sentencing.nv.gov NEVADA SENTENCING COMMISSION PUBLIC MEETING NOTICE AND AGENDA Date and Time: July 29, 2020, 9:00 AM Location: VIRTUAL ONLY Meeting Access: The meeting may be viewed electronically through an Internet connection by accessing the following link: https://www.youtube.com/channel/UCWJYN- aO2_ZzUwyAAwyJNUA. Public Comment Submissions: See instructions below. AGENDA 1. Call to Order / Roll Call 2. Public Comment (No action may be taken upon a matter raised under public comment period unless the matter itself has been specifically included on an agenda as an action item.) 3. Approval of June 24, 2020 minutes (For discussion and possible action) 4. Report from the Executive Director of the Department of Sentencing Policy (For discussion and possible action) A. Core Functions of Department B. Update on budget of Department C. Update on collection of data pursuant to NRS 176.01343 D. Report on outreach from the public to the Department E. Update on establishment of Nevada Local Justice Reinvestment Coordinating Council F. Proposed Bill Draft Request (BDR) concerning budget of Department Victoria Gonzalez, Executive Director, Department of Sentencing Policy 5. Review and Possible Action on Projected Amount of Costs Avoided Report (For discussion and possible action) A. Presentation of draft of report B. Discussion of draft of report C. Approval of draft of report Victoria Gonzalez, Executive Director, Department of Sentencing Policy 6. Review and Approval of Requests for Subawards (For discussion and possible action) A. Review of additional requests for Subawards i. Washoe County District Attorney ii. Nevada Department of Sentencing Policy iii. Division of Parole and Probation of the Department of Public Safety iv. Division of Public and Behavioral Health of the Department of Health and Human Services 2 B. Approval of requests and recommendation to forward approved requests to Bureau of Justice Assistance Abigail Strait, Senior Policy Specialist, Crime and Justice Institute 7. Discussion of Potential Topics for Future Meetings (For discussion and possible action) 8. Public Comment (No action may be taken upon a matter raised under public comment period unless the matter itself has been specifically included on an agenda as an action item.) 9. Adjournment (For possible action) NOTE: Items may be considered out of order. The public body may combine two or more agenda items for consideration. The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. The public body will limit public comments to three minutes per speaker and may place other reasonable restrictions on the time, place, and manner of public comments but may not restrict comments based upon viewpoint. We are pleased to make reasonable accommodations for members of the public who have disabilities and wish to attend the meeting. If special arrangements for the meeting are necessary, please notify Sherry Glick by email at [email protected]. Supporting materials for this meeting are available at http://sentencing.nv.gov. NOTE: Pursuant to Governor Sisolak’s Declaration of Emergency Directive entered March 22, 2020, which suspend the provisions of NRS 241.020 requiring designation of a physical location for meetings of public bodies where members of the public are permitted to attend and participate, the Nevada Sentencing Commission will NOT have a physical location open to the public until such time the Directive is removed. The meeting may be viewed electronically through an Internet Connection by accessing the following link: https://www.youtube.com/channel/UCWJYN-aO2_ZzUwyAAwyJNUA. Members of the public who wish to participate during a public meeting may do so by providing public comment during the two designated public comment periods, by written submission to the following email address: [email protected]. For inclusion or reference in the minutes of a meeting, your public comment must include your full name and be submitted via email at any time during the meeting. Messages received will be transcribed for entry into the record and provided to the Nevada Sentencing Commission for review. Agenda Posted on the Internet: 1. http://sentencing.nv.gov 2. https://notice.nv.gov 3 Steve Sisolak James W. Hardesty Governor Chair, Nevada Sentencing Commission Victoria Gonzalez Chuck Callaway Executive Director Vice Chair, Nevada Sentencing Commission STATE OF NEVADA DEPARTMENT OF SENTENCING POLICY 625 Fairview Drive, Suite 121 | Carson City, NV 89701-5430 Phone: (775) 684-7390 http://sentencing.nv.gov NEVADA SENTENCING COMMISSION MINUTES Date and Time: June 24, 2020, 9:00 AM Location: VIRTUAL MEMBERS PRESENT MEMBERS EXCUSED John Arrascada Judge Scott Freeman Christine Jones Brady Kimberly Mull Chuck Callaway – Vice Chair Dr. Elizabeth Neighbors Chief Anne Carpenter Jon Ponder Director Charles Daniels Assemblyman John Hambrick Chairman Christopher DeRicco Justice James Hardesty - Chair STAFF Chris Hicks Executive Director Victoria Gonzalez Darin Imlay Sherry Glick, Staff, Department of Keith Logan Sentencing Policy Russell Marsh John McCormick Dr. Emily Salisbury Judge Michael Villani Assemblywoman Rochelle Nguyen Senator Nicole Cannizzaro Senator Keith Pickard 1. Call to Order / Roll Call Chair James Hardesty: Good morning everybody. Welcome to this virtual meeting of the Nevada Sentencing Commission (Sentencing Commission or Commission). I want to express my sincere appreciation for everyone making themselves available. As you will see when we get into the meeting and subject matter, I thought it was critical that we have an initial meeting to talk about the formula for the projected amount of costs avoided and the report that is due on August 1. And I thought it was impossible to be able to have a thorough discussion on this subject and arrive at some competent suggestions and a competent report if we met on July 29 only. We are going to focus this meeting strictly on that subject. And focus our attention solely on this so that we can give the staff of the Department of Sentencing Policy (Department) some direction on how to proceed with the report that we hopefully will be able to review on July 29. Please remember to state your name each time you speak so that we can record who is speaking. It is especially helpful in the virtual format and it assists our staff in being able to transcribe the minutes. I want to express a sincere appreciation to Jason Rickman of the Supreme Court’s IT Department and to our Executive Director, Victoria Gonzalez. Last night there was serious doubt as to whether we would have been able to proceed with this meeting from an IT standpoint. There has been a serious separation problem in our system with EITS. So, through an amalgamation of processes and laptops and wires and some really skilled IT people we are able to pull this meeting off. You will notice this laptop here at the front of our desk here in Carson City in the library of the Nevada Supreme Court. That is being used to record the video of our meeting and stream it to the public through the Department’s website. Fortunately, we will also be displaying this meeting live with the public where we would not have been able to do so without Jason and Victoria’s competence, skill, and innovation. I want to thank them for that. ROLL CALL 2. Public Comment Chair Hardesty: There are two periods of public comment. One at the beginning of the meeting and one at the end. I think we have about seven or eight submissions for public comment. As a reminder to the Commission and to the public, on March 22, 2020, the Governor issued Emergency Directive 006, in response to the COVID-19 Crisis. The Emergency Directive suspended certain requirements of the Open Meeting Law. The manner in which public comment was handled at the meeting on April 29, 2020, will be handled similarly today and is the result of staff working with the Attorney General’s Office to ensure that this public body is in compliance with the Open Meeting Law and the Emergency Directive. Staff has emailed the public comment that has been received up until this point for this meeting. I will now pause so that the Commission can review the public comment that has been submitted. While the Commission is reading through those submissions, staff will provide a sign to communicate to the public that public comment is being read silently. The purpose of the sign is also to communicate to the public which items are being reviewed by the Commission. Within 2 business days staff will post the public comment on the Department’s website. 2 I will reconvene the meeting in several minutes when we are satisfied that the Commission has reviewed the public comment and then I will close this agenda item and we will proceed with the meeting. MEMBERS OF THE NEVADA SENTENCING COMMISSION SILENTLY READ PUBLIC COMMENT SUBMITTED BY STEVEN MOORE, SHARON WILLIAMS, MARK BETTENCOURT, CYAN LARSON, JEFFREY WANG, MORGAN BARNEY AND Z LONG. 3. Approval of Minutes from the April 13, 2020 meeting and the April 29, 2020 meeting Chair Hardesty: I will now open the next agenda item, approval of the minutes from the April 13, 2020 meeting.