In a letter dated May 26, 2017, Governor Sandoval vetoed Nevada Assembly Bill 136 that would have had a major impact on criminal justice reform – specifically by relying on a “risk assessment tool” to determine the release of violent and dangerous offenders without bail.
The Bail Reform movement involving so-called “validated” risk assessments that have been sweeping the country appear to be losing their appeal.
New Jersey, who implemented bail reform in January of 2017, has experienced ongoing failures with their new bail reform law.
Texas, on the verge of passing similar legislation, appears to have hit a brick wall and their Bill has now stalled.
California is gearing up this week in considering similar legislation, however, the opposition to make such drastic changes is growing with the fear of violent offenders being released on nothing more than a “promise” to appear with zero accountability.
Dear Speaker Frierson:
I am herewith forwarding to you, for filing within the constitutional time limit and without my approval, Assembly Bill 136 (“AB 136”), which is entitled:
AN ACT relating to criminal procedure; revising provisions governing factors to be considered by the court in deciding whether to release a person without bail; prohibiting a court from relying on a bail schedule in setting the amount of bail after a personal appearance by a defendant; and providing other matters properly related thereto.
AB136, while commendable in some respects, would incorporate a new and unproven method for determining whether a criminal defendant should be released from custody without posting bail. No conclusive evidence has been presented showing that the risk assessment methods proposed by AB136 are effective in determining when it may or may not be appropriate to release a criminal defendant without requiring bail. Decisions made by judges during the bail phase of a criminal prosecution are of the utmost importance. It is not clear that the provisions of AB136 will enhance the ability of Nevada’s judges to make these determinations in a manner that balances the interests of justice and public safety.
For these reasons I veto AB136 and return it without my signature or approval.
