The Sentencing Commission shall:
1. Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.
2. Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
3. Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, without limitation, the following:
(a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.
(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.
(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.
(d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.
(e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.
(f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.
4. Facilitate the development and maintenance of a statewide sentencing database in collaboration with state and local agencies, using existing databases or resources where appropriate.
5. Provide training regarding sentencing and related issues, policies and practices, and act as a sentencing policy resource for this State.
6. Evaluate the impact of pretrial, sentencing diversion, incarceration and postrelease supervision programs.
7. Identify potential areas of sentencing disparity related to race, gender and economic status.
8. Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts. If such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.
9. Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.
10. Provide recommendations and advice to the Executive Director concerning the administration of the Department, including, without limitation:
(a) Receiving reports from the Executive Director and providing advice to the Executive Director concerning measures to be taken by the Department to ensure compliance with the duties of the Sentencing Commission.
(b) Reviewing information from the Department regarding sentencing of offenders in this State.
(c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.
(d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.
(e) Advising the Executive Director concerning any required reports and reviewing drafts of such reports.
(f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the Sentencing Commission.
(g) Providing advice and recommendations to the Executive Director on any other matter.
11. For each regular session of the Legislature, with the assistance of the Department, prepare a comprehensive report including:
(a) The Sentencing Commission’s recommended changes pertaining to sentencing; and
(b) The Sentencing Commission’s findings and any recommendations for proposed legislation.
12. Submit the report prepared pursuant to subsection 11 to:
(a) The Office of the Governor; and
(b) The Director of the Legislative Counsel Bureau for distribution to the Legislature not later than January 1 of each odd-numbered year.
(Added to NRS by 2017, 4189; A 2019, 2874)