Nevada § 176.0133 - Creation; membership; officers; terms; vacancies; meetings; alternates; quorum; compensation, allowances and expenses of members; authorization to establish working groups and task forces

§ 176.0133. Creation; membership; officers; terms; vacancies; meetings; alternates; quorum; compensation, allowances and expenses of members; authorization to establish working groups and task forces

1. The Nevada Sentencing Commission is hereby created within the Department. The Sentencing Commission consists of: (a) One member who is an attorney and whose practice primarily consists of representing

criminal defendants in a county whose population is less than 55,000, appointed by

the Executive Director of the Department of Indigent Defense Services or his or her

designee; (b) One member who is a justice of the Supreme Court of Nevada or a retired justice

of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court

of Nevada; (c) Two members who are judges appointed by the Chief Justice of the Supreme Court

of Nevada; (d) One member who is a representative of the Administrative Office of the Courts

appointed by the Chief Justice of the Supreme Court of Nevada; (e) The Director of the Department of Corrections; (f) One member who is a representative of the Office of the Attorney General, appointed

by the Attorney General; (g) Two members appointed by the governing body of the Nevada District Attorneys Association,

one of whom must be a district attorney in a county whose population is 100,000 or

more and one of whom must be a district attorney in a county whose population is less

than 100,000; (h) One member who is a representative of the Office of the Clark County Public Defender,

appointed by the head of the Office of the Clark County Public Defender; (i) One member who is a representative of the Office of the Washoe County Public Defender,

appointed by the head of the Office of the Washoe County Public Defender; (j) One member who is an attorney in private practice, experienced in defending criminal

actions, appointed by the governing body of the State Bar of Nevada; (k) One member who has been a victim of a crime or is a representative of an organization

supporting the rights of victims of crime, appointed by the Governor; (l) One member who is a member of the State Board of Parole Commissioners, appointed

by the State Board of Parole Commissioners; (m) One member who is: (1) The Chief Parole and Probation Officer; or (2) A representative of the Division of Parole and Probation of the Department of

Public Safety, appointed by the Chief Parole and Probation Officer; (n) One member who is a representative of the Nevada Sheriffs' and Chiefs' Association,

appointed by the Nevada Sheriffs' and Chiefs' Association; (o) One member who is a representative of the Las Vegas Metropolitan Police Department,

appointed by the Sheriff of Clark County; (p) One member who is a representative of the Division of Public and Behavioral Health

of the Department of Health and Human Services; (q) One member who is a representative of an organization that advocates on behalf

of inmates, appointed by the Governor; (r) Two members who are Senators, one of whom is appointed by the Majority Leader

of the Senate and one of whom is appointed by the Minority Leader of the Senate; (s) Two members who are members of the Assembly, one of whom is appointed by the Speaker

of the Assembly and one of whom is appointed by the Minority Leader of the Assembly; (t) One member who is: (1) The Director of the Department of Employment, Training and Rehabilitation; or (2) A representative of the Department of Employment, Training and Rehabilitation,

appointed by the Director of the Department of Employment, Training and Rehabilitation; (u) One member who is a representative of an organization that works with offenders

upon release from incarceration to assist in reentry into the community appointed

by the Chair of the Legislative Commission; (v) One member who is a representative of the Central Repository for Nevada Records

of Criminal History, appointed by the Director of the Department of Public Safety;

and (w) One member who is a faculty member of the Nevada System of Higher Education who

teaches criminal justice, appointed by the Governor. 2. The Executive Director shall serve as the Executive Secretary of the Sentencing

Commission. 3. If any organization listed in subsection 1 ceases to exist, the appointment required

pursuant to that subsection must be made by the association's successor in interest,

or, if there is no successor in interest, by the Governor. 4. Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as

the original appointments. Any vacancy occurring in the membership of the Sentencing Commission must be filled

in the same manner as the original appointment not later than 30 days after the vacancy

occurs. 5. The Legislators who are members of the Sentencing Commission are entitled to receive

the salary provided for a majority of the members of the Legislature during the first

60 days of the preceding session for each day's attendance at a meeting of the Sentencing

Commission. 6. At the first regular meeting of each odd-numbered year, the members of the Sentencing

Commission shall elect a Chair by majority vote who shall serve until the next Chair

is elected. 7. The Sentencing Commission shall: (a) Hold its first meeting on or before September 1 of each odd-numbered year; and (b) Meet at least once every 3 months and may meet at such further times as deemed

necessary by the Chair. 8. A member of the Sentencing Commission may designate a nonvoting alternate to attend

a meeting in his or her place. 9. A majority of the members of the Sentencing Commission constitutes a quorum for

the transaction of business, and a majority of those members present at any meeting

is sufficient for any official action taken by the Sentencing Commission. A nonvoting alternate designated by a member pursuant to subsection 8 who attends

a meeting of the Sentencing Commission for which the alternate is designated shall

be deemed to be a member of the Sentencing Commission for the purpose of determining

whether a quorum exists. 10. While engaged in the business of the Sentencing Commission, to the extent of legislative

appropriation, each member of the Sentencing Commission is entitled to receive the

per diem allowance and travel expenses provided for state officers and employees generally. 11. The Sentencing Commission may establish such working groups, task forces and similar

entities from within or outside its membership as necessary to address specific issues

or otherwise to assist in its work.