AB 236 Amendment Summary Chart:
Topic As Introduced
Ex-felon in possession Reclassifies as a category C offense with a penalty
of a weapon of 1-5 years instead of a category B offense with a
penalty 1-6 years.
Habitual Criminal Amends habitual criminal statute to include look-
back periods analogous to NV’s sealing statute.
Burglary Amends burglary statue to distinguish between
different structures with corresponding penalties.
Burglary of a motor vehicle is a gross
misdemeanor for the first or second offense and a
category E felony for the third and subsequent.
Housebreaking Reclassifies the offense of housebreaking as a
gross misdemeanor.
Theft Raised the felony theft threshold to $2,000 dollars
and applied a tiered penalty structure based on
value as follows:
 Under $1,000 - Misdemeanor
 $1k -$2k - Gross Misdemeanor
 $2k -$5k - Category D
 $5k - $25k - Category C
 $25k -$100k - Category B (1 to 10)
 above $100k - Category B (1 to 20)
As Amended Bill Section
Restores existing penalty B. 53
Removes the new look-back period language and 86
amends the habitual criminal statute to require five
prior felony convictions for the habitual criminal
penalty for a category B offense and seven prior
felony convictions for a category A offense penalty.
Exclude unlawful use of a controlled substance from
being used as an underlying offense in addition to
possession.
Amend burglary statute to change the sentence for 55
burglary of a motor vehicle from a gross
misdemeanor to a category E felony.
Restores existing penalty of housebreaking as a 57
category D felony.
Lowers the felony theft threshold from $2,000 to 58- 61, 64,
$1,200, removing the gross misdemeanor offense 65, 69-75,
threshold, and amending the category D felony 79-83, 85,
range from $2,000 to $5,000 to $1,200 to $5,000 126, 131,
dollars. 131.5, 132
1
Theft of a motor Applies the tiered penalty structure to theft of a Amends language to remove value amount and 63
vehicle motor vehicle. create a tiered penalty structure based on number
of offenses. First offense is a Category C (1-5 years)
and 2nd and subsequent offenses in five years is a
Category B (1-6 years).

Petit larceny Establishes two degrees of petit larceny. One in
the first degree with a $2,000 threshold as a gross
misdemeanor offense and another in the second
degree with a $1,000 threshold as a misdemeanor
offense.
Amends language to remove gross misdemeanor 64
offense and establish the threshold at $1,200 dollars
for a felony offense.

Theft from a person Applies tiered penalty structure to theft from a Amends language to remove the value amount. Any 66
person. theft from a person is a category C felony.

Theft from a vending Applies tiered penalty structure to theft from a Repeals entire section. 60.3, 60.7,
machine vending machine. 64.5, 67,
84.7, 85.5
Offense involving a Applies tiered penalty structure to theft of a Amends language to remove the value amount and 68
stolen vehicle motor vehicle. make any theft of a motor vehicle a category C
offense with a penalty of 1-5 years.
Unlawful acts regarding Applies tiered penalty structure to such offenses. Restores language to existing threshold of $500 76, 77, 78
computers dollars.
Use of scanning devices Not in original bill. Amends language to incorporate sections changed in 84.3, 84.5
AB 195
Sentencing Establishes the Sentencing Commission as the Amends language to ensure data collection includes 6
Commission Data oversight body for the reforms of AB 236 and breakouts by key demographics such as gender,
Collection outlines continued collection of data to monitor race, ethnicity, and sexual orientation, as well as
the progress of the reforms. crime rates tracked by the Central Repository.

Diversion Expands the existing pre-adjudication diversion Expands the existing pre-adjudication diversion 1-4
program to nonviolent first time felony offenders program to nonviolent first time felony offenders
and gross misdemeanants.

2
 Changes language from substance abuse to
substance use to reflect DSMV definition.
Sentencing Not included in original bill. Creates the Office of the Nevada Sentencing 5, 9, 102.5
Commission Commission within the Office of the Governor and
Organization provides for the appointment of an Executive
Director of the Office, prescribes the duties, and
creates support staff. Revises the membership of the
Commission and requires the Commission to hold its
first meeting on or before September 1 of each odd-
numbered year. Duties of the Nevada Sentencing
Commission include the oversight of the executive
director.

This incorporates AB 80.

Sentencing Tasks Sentencing Commission with calculating and
Commission Duties reporting any averted costs to the legislature, and
recommending financial support for transitional
housing, treatment, victims’ services, and other
gaps in the system.
Amends the name of the grant in the original bill 7
from “mental health field response program” to
“behavioral health field response program.”

Local Justice Establishes the Nevada Local Justice Reinvestment Amends the language to include two representatives 8
Reinvestment Coordinating Council to oversee and advocate for from Clark County and two from Washoe County on
Coordinating Council local initiatives relating to the reforms. the Council, allow the council to make
recommendations regarding grants to non-profit
organizations, and require the council to identify
opportunities to collaborate with DHHS at the state
and local level for treatment and services.

Treatment Program Not in original bill Creates a new section to make a conforming 10, 11
amendment to the repeal of NRS 453.580 with
section 20 (new drug court section).

3
Early Termination for Not in original bill Creates a new section to require early termination 10.5, 93.7
Parolees for parolees mirroring that available to probationers
under the bill. Excludes individuals on lifetime
supervision.
Judicial Training Establishes training of judges on use of PSI in Amends bill to include training on behavioral health 12
sentencing issues as well as on intellectual or developmental
disabilities.
PSI Report Removes sentencing recommendation from the Removes language requiring validation of a risk and 13, 14, 15
PSI report. needs assessment every 3 years.

Makes conforming amendments to remove

references to the PSI recommendation language.

Specialty Courts Not in original bill Creates a definition of specialty court programs to 16.5
include all relevant sections.

Early termination of Establishes requirement for early termination of
probationers probation if probationer (a) has not violated any
conditions; (b) is current with fines and fees; and
(c) is in good standing with restitution payments.
Graduated Sanctions Requires the Division to establish a process for
imposing graduated sanctions in response to
technical violations.
Defines technical violations as any alleged
violation of the conditions of probation or parole
that is not the commission of a new felony or
gross misdemeanor and does not constitute
absconding.
Deferred Sentences Enables a judge to defer entry of judgment post
plea and continue the case to later date. If the
Amends language to require completion of a 17
specialty court program and full payment of
restitution unless the Division verifies there is undue
economic hardship.
Removes language requiring an administrative 18
process for reviewing and approving graduated
sanctions and for providing written notice to the
supervisee of the sanction.
18, 35, 101
Amends definition of technical violation to be any
violation excluding commission of a new felony,
gross misdemeanor, battery which constitutes
domestic violence pursuant to NRS 200.485 or
violation of NRS 484C.110 or 484C.120, as well as
termination from a specialty court program.
Amends deferred sentence to exclude those who are 19
convicted of a violent or sexual offenses as defined

4
 defendant completes all required conditions, the
court will dismiss the case.
Drug Court Establishes a drug court program paralleling the
existing mental health court and veterans court
programs.
Mental Health Court Establishes in-person clinical assessments for
mental health courts and a presumption of a
deferred sentence for nonviolent offenders
assigned to mental health court who pose no
public safety risk.
Veterans Court Establishes presumption of a deferred sentence
for nonviolent offenders assigned to veterans
court who pose no public safety risk.
in NRS 202.876 and clarify definition of “poses a risk
to public safety” standard.
Amends language to allow treatment of co-occurring 20, 21, 22
disorders.
Amends language in section 21 to be consistent with
section 20 to require an in-person clinical
assessment.
Amends language about eligibility requirements to
be consistent with AB 222, excluding category A
offenders.
Amends language replacing substance abuse 20-22, 42,
disorder with substance use disorder. 45, 49-52,
127, 128,
129,135.5
Amends language about eligibility requirements to 27
be consistent with AB 222, excluding category A
offenders.
Amends language to clarify “public safety risk.”
Amends language about eligibility requirements to 29.5, 30,
make consistent with AB 222, excluding category A 31
offenders.
Amends language to clarify “public safety risk.”
Creates a technical amendment to allow those who
have entered specialty court programs as a
condition of probation to be dismissed if conditions
are satisfied.
5
Conditions of Limits conditions of probation to those that
Probation exclusively ensure appearance and to protect
public safety.
Removes language explicitly allowing that a single
use or failure or refusal to submit to a drug or
alcohol test may constitute sole grounds for
revocation
Probation Establishes periods of probation that correspond
to offense categories.
Sealing of Records Conforming amendments of new cross references
to specialty court sections.
Suspension of Conforming amendments of new cross references
Sentence in Justice and the establishment of a batterers’ intervention
Court program as a condition of a suspended sentence.
Department of Expands training of correctional staff to include
Corrections Staff training on evidence-based practices, domestic
Training violence, and trauma.
Medical Release Expands medical release provision to include
those who are in ill health and expected to die
within 24 months instead of 12 months.
Duties of Director Amends Duties of NDOC Director relating to
relating to release of release of offenders from prison.
offenders from prison.
Geriatric Parole Creates a geriatric parole mechanism for offenders
who are at least 60 years old and served 10 years;
or 65 years old and served 7 years.
Restores language about creating conditions that 32, 33
prohibit probationers from engaging in conduct that
is detrimental to their own health, safety, and
welfare.
Amends language to allow for failure or refusal to
submit to a drug test to be violation for which a
graduated sanction may be imposed in accordance
with the system adopted by the Division pursuant to
section 18 of this act.
Amends language to remove specialty court 34
definition.
Amends language to include home invasion as an 37
offense that is ineligible for sealing.
Amends language to allow judges to suspend a 45, 49
portion of the sentence and expand judicial
discretion with respect to the types of conditions
that may be ordered.
Amends language to include training on behavioral 89
health issues.
Amends language to allow release of those expected 91
to die within 18 months.
Amends language to match provisions in AB 10. 92, 126.3,
126.7
Amends language to allow geriatric parole only for 93
those who are over 65 years old and who have
served 8 years and clarifies the documentation to be
provided in the application for geriatric parole.
6
Level of supervision of Establishes the use of a risk and needs assessment Amends language to require validation time frame 95
probationer or parolee to determine supervision level. Requires that be determined by the tool’s developer rather than a
results of the assessment be used for an specific time period.
individualized case plan.
Parole and Probation Requires that parole and probation officers be Amends language to require training specific to 96
Training trained in evidence-based practices, trauma, and community supervision as well as behavioral health
domestic violence. issues.

Mandatory Parole Allows offenders eligible for mandatory release to Amends language to include protections similar to 97
be considered for parole release without a discretionary parole process for when a meeting is
meeting. held without a hearing.

Reentry Planning Amends reentry statute to require that a reentry
plan begin 6 months prior to the inmate’s parole
eligibility date, and that it consider information
related to residence, employment, treatment, and
educational services.
Amends language to expand requirements of 100
reentry plan to include focus on behavioral health
needs. This includes requiring coordination with
other state agencies about available services, clinical
assessment results, and eligibility for Medicaid or
Medicare.

Amends language to be consistent with AB 10. 126.7,

126.3

Victim Definition Clarifies existing definition of victim to match with Amends language to include vulnerable person as 102
Marsy’s Law. defined in 205.4629.

Mental Health Field Establishes a mental health field response grant Amends language to change grant program title to 104
Response Grant program, to be administered by the Peace Officer “behavioral health field response grant.”
Training Commission.

Police Officer Training Requires police departments to establish a policy Amends language to include establishing policies 105
and procedure for interacting with persons with a and procedures concerning individuals with an
behavioral health issue. intellectual or developmental disability.

7
Possession for Sale Expand judicial discretion by allowing imposition Establishes levels of possession for sale based on 116
Sch. I and II of probation in the event of mitigating weight thresholds as follows:
circumstances. Sch. I and Sch. II
 Under 14 grams a category D
 14 grams- 28 grams a category C
 28 grams- 42 grams a category B (1-10
years)

Makes individuals eligible for probation if the

substance is not flunitrazepam, gamma-
hydroxybutyrate or any substance for which
flunitrazepam or gamma-hydroxybutyrate is an
immediate precursor.

Possession for Sale Sch. Expand judicial discretion by allowing imposition Establish levels of possession for sale based on 117
III-V of probation in the event of mitigating weight thresholds as follows:
circumstances. Sch. III –V Substances
 Under 28 grams a category D
 28 grams- 200 grams category C
 200 grams-500 grams a category B (1-10
years)

Makes individuals eligible for probation if the

substance is not flunitrazepam, gamma-
hydroxybutyrate or any substance for which
flunitrazepam or gamma-hydroxybutyrate is an
immediate precursor.

Trafficking Weight Adds requirement to trafficking statutes that Amends language to allow weight to be used as a 118
Factors indicia of sale be present, and lists examples of factor for indicia of sale for trafficking offenses
such indicia.
Trafficking of Sch. I Amends trafficking weight and penalties as follows Amends language to establish a trafficking weight 119
Substances (Sched I): threshold at 100 grams as a category B offense with
 28 grams - 100 grams - Cat B (1-10) a sentence of 2-20 years.

8
  100 grams - 400 grams - Cat B (2-15)
 400 grams or more - Cat B (3-20)
Makes individuals eligible for probation if the
substance is not flunitrazepam, gamma-
hydroxybutyrate or any substance for which
flunitrazepam or gamma-hydroxybutyrate is an
immediate precursor.

Amends language to allow possession and

Trafficking of Sch. II Amends Sched II trafficking weights and penalties
Substances to align with new weights and penalties for Sched I
trafficking, as follows:
 28 grams- 200 grams - Cat C
 200 - 500 grams - Cat B (2-10)
 500 grams or more - Cat B (3-20)
Trafficking of Amends language to require intent to sell.
Marijuana
constructive possession to establish trafficking.
Amends language to establish a trafficking weight 121
threshold at 400 grams as a category B offense with
a sentence of 2-20 years.
Allows for such offenses to be probation eligible.
Amends language to allow possession and
constructive possession to establish trafficking.
Restores the language allowing possession and 120
constructive possession to establish trafficking.

Unlawful Use of a Not in original bill. Amends language to make such offense a 122.5
Controlled Substance misdemeanor parallel to possession of a controlled
substance.
Suspended Sentence Allows imposition of probation for first and second Amends language to allow probation for trafficking 122
Limited trafficking convictions, in the event of mitigating offenses other than those that involve GHB.
circumstances.
Action to Recover Civil Conforming amendment to reflect changed weight Conforming amendment to new weight thresholds. 123, 124
Penalty threshold.
Effective Date Not in original bill. The bill becomes effective October 1, 2019. 137