New law: Let them out of prison

Friday, July 27, 2007 | 7:26 a.m.

Under a recently implemented law designed to reduce prison overcrowding, the sentences of more than 2,000 felons on probation and parole have been thrown out.

The new law, which increases the credits offenders can earn through good behavior, could also soon cause the release of as many as 1,200 prisoners statewide. Corrections officials confirm that within three weeks, they will be sending a list of those names to the Nevada Board of Parole, possibly leading to their early discharge.

The parolees and probationers who were let out of their court-ordered obligations - about 2,350 total so far - do not include violent criminals such as murderers or sex offenders, or anyone sentenced to a life term.

The law, which took effect July 1, has upset local District Court judges, some of whom say it unfairly allows criminals to avoid paying court-ordered restitution to their victims. Other judges say they'll circumvent the spirit of the law by handing down longer probation terms so that the criminals end up paying the same price.

The law was passed to deal with a rapidly growing prison population in Nevada. As of July 6, there were 13,029 inmates in Nevada prisons; that population, according to a corrections department spokesman, is expected to grow to 19,700 by 2015.

Assembly Bill 510 - a long and complex piece of litigation that passed the Legislature with broad bipartisan support - did more than increase the amount of credits convicts could receive for serving so-called "good time." It also allowed offenders to win more credits by furthering their education , keeping current with any restitution payments , or getting treated for alcohol or drug dependencies.

According to J.R. Haggerty, a spokesman for the state parole and probation division, calculations made under the new law mandated that sentences expire for 1,400 parolees and 950 probationers across the state.

About 13,500 people were under the division's supervision when the law went into effect; as of July 1, that was cut by 17 percent.

"There have been a lot of people who just dropped right off the rolls," Haggerty said.

There is no way to predict exactly how many probationers and parolees will be affected in months and years to come, he said.

Depending on the judge, the crime and the history of the convict, parole and probation can include several strict requirements. Parole is early release from prison based on a promise to be law-abiding; probation is a sentence issued to some defendants in lieu of prison time .

If a defendant stole money from his victims, parolees and probationers are ordered to pay restitution. They also are often sentenced to take drug tests, and if warranted, to attend addiction counseling or obtain a secondary education diploma such as a GED. Probationers also sometimes can be ordered to perform community service.

"You've got to pay back the victim, but you also have to pay back the community," Presiding Criminal Division Judge Stewart Bell said. "And I want you to fix the problems that got you there in the first place."

As for the current inmates, Department of Corrections spokesman Gregory Smith said the law mandates that good time credits be applied retroactively to July 2000.

Parole board officials have said they might have a tough time scheduling hearings for 1,200 prisoners in any kind of timely fashion.

"I can see a train wreck coming," Dorla Salling, chairwoman of the Board of Parole Commissioners, told the Sun last month.

Of much greater concern to some judges is the notion that new probationers and parolees - free from the court's grasp and the threat of imprisonment - might decide to skip paying any further restitution they might owe to their victims.

District Judge Donald Mosley said he has 22 unsigned requests sitting on his desk from the Division of Parole and Probation. The requests note that under the new law, those probationers are to be made free.

Those who had been paying down court fines while on probation, and more important , making restitution to their victim s , will be subject only to a civil judgment and non-criminal collection efforts if they don't pay once their probation ends, Mosley noted. They no longer will feel the threat of being thrown in prison.

In one example, Mosley noted that one felon who originally owed $21,140 to his victim had paid off more than $8,000 - but now, there is a small likelihood he will pay the rest.

"He was paying to avoid going to jail," Mosley said. "Simple as that."

Mosley said although he is reluctant to sign the requests, he will because it's the law.

According to Judge Bell, under the new law, if someone sentenced to three years ' probation fulfilled all of his requirements - if he was "perfect" - the most he should expect to serve is 13 to 14 months.

Bell said that those situations likely would be infrequent, but that offenders sentenced to fixed or indeterminate probation terms would be eligible for release somewhat sooner than before.

Regardless of the intent of the legislation, Bell said that in future cases that warrant probation, he will consider simply giving longer probation terms when needed - to keep the more serious offenders under his watch for the full time he thinks necessary.