AARON D.

FORD
Attorney General JESSICA L. ADAIR
Chief of Staff
CAROLINE BATEMAN
First Assistant Attorney General RACHEL J. ANDERSON
General Counsel
CHRISTINE JONES BRADY
Second Assistant Attorney General HEIDI PARRY STERN
STATE OF NEVADA
Solicitor General
OFFICE OF THE ATTORNEY GENERAL

100 North Carson Street

Carson City, Nevada 89701

MEMORANDUM

To: All AGO Staff

From: Attorney General Aaron D. Ford

Date: April 8, 2019

Subject: Internal Policies Relating to Criminal Justice Reform

“Our Job Is Justice.”

When I became Nevada’s Attorney General, I communicated my
overarching principles of the “Three Cs”: Civil Rights, Consumer Protection,
and Criminal Justice Reform. Civil rights and consumer protection are distinct
and important concepts, but they are also key elements to a healthy criminal
justice system. There is no justice without human dignity, fairness and equity;
nor can justice exist in the absence of honest transactions between people in the
marketplace, at work, or in caring for the most vulnerable among us. It is our
job to uphold the principles of justice throughout Nevada, regardless of
socioeconomic status, gender, race, age, sexual orientation or creed.
I have asked people throughout our organization to define justice.
Justice means something a little different for each OAG employee. Our
passions and the work we do frame our concept of justice. Still, I noticed one
common theme throughout everyone’s idea of justice. That shared idea is the
“rule of law.” Your esteem for constitutional principles, fairness, and love for
Nevada is evident in what all of you have communicated to me.
Nelson Mandela once said, “It is in your hands to create a better world
for all who live in it.”1 We have the ability to promote civil rights, consumer
protection and criminal justice in virtually every corner of the state. We have
the power of prosecution and the legal tools to protect Nevada’s families, many
of whom feel like the system is broken. Across our state, many Nevadans
struggle to pay the bills, juggle work while raising a family, battle addiction,
live in unsafe neighborhoods, or are taken advantage of by unscrupulous
scammers and lenders. Nevadans deserve a champion in their corner.

Nelson Mandela (2012). “Notes to the Future: Words of Wisdom,” p.118, Simon and
1

Schuster.

Telephone: 775-684-1100 ● Fax: 775-684-1108 ● Web: ag.nv.gov ● E-mail: aginfo@ag.nv.gov

Twitter: @NevadaAG ● Facebook: /NVAttorneyGeneral ● YouTube: /NevadaAG
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April 8, 2019

As Nevada’s top law enforcement agency, we are uniquely positioned to be their

champion.
CRIMINAL JUSTICE REFORM
It is clear simply incarcerating people will not keep Nevada safer and we
must use the criminal justice system to rehabilitate offenders so they may
rejoin society as productive members. We should also take a victim-centered
approach, incorporating restorative justice as much as possible to allow victims
to help guide us. Finally, we must recognize how socioeconomic factors and
mental health intersect with our criminal justice system.
The manner in which we charge cases can serve to promote public
integrity and faith in government systems. The American Bar Association’s
Standards for Prosecutors states in pertinent part, “The primary duty of the
prosecutor is to seek justice within the bounds of the law, not merely to convict
. . . and respect the constitutional and legal rights of all persons, including
suspects and defendants.” CRIMINAL JUSTICE STANDARDS (FOURTH) FOR THE
PROSECUTION FUNCTION § 3-1.2(b) (American Bar Association).
As former Senate Majority Leader and now as Nevada’s Attorney
General, I am a member of the Advisory Commission for the Administration of
Justice (ACAJ). As part of a technical assistance grant through the Justice
Reinvestment Initiative (JRI), state leaders charged the ACAJ with conducting
a comprehensive review of Nevada’s sentencing, corrections, community
supervision, and victim impact information. This review ultimately resulted in
a comprehensive report. While I may not agree with every recommendation in
the report, the report was helpful in identifying needed reforms in Nevada. The
research revealed:
 Over the past decade, Nevada’s prison population has grown
significantly, resulting in higher spending on prisons and
fewer resources available for recidivism reduction measures;
 Nevada currently has an imprisonment rate that is 15 percent
higher than the national average;
 The female prison population has grown 29 percent since 2009,
four times the rate of growth of the overall prison population.
 Sixty-six percent of people admitted to prison in 2017 were
sentenced for nonviolent crimes and four out of 10 offenders
had no prior felony convictions.
Source: Nevada ACAJ – Justice Reinvestment Initiative Final Report, January
2019.
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INTERNAL POLICIES
Based on the criminal justice research and data, I am promulgating the
policies and changes outlined below, which are designed to redirect resources to
our top priorities, serve victims of crime, promote government accountability,
and reduce recidivism. Consonant with our job, these are Policies That
Promote Justice in Prosecutions.
1. Commitment to Victim Input, Notifications, and Services
a. DAGs will ensure victims receive information about community
partners and victim services and educate crime victims and
survivors about their rights and resources, including the Nevada’s
Victim Information Notification Everyday (VINE) system.
b. We will be cognizant of the potential for accused sex workers to be
victims of sex trafficking and always make an appropriate law
enforcement referral when we suspect a defendant is a victim of
human trafficking. We will also refer people charged with
prostitution to specialized treatment courts designed to assist
them.
c. When appropriate, recommend trauma-informed services to help
reduce the number of female crime survivors who become justice-
involved, and to address recidivism among women who are
supervised in the community.
d. DAGs will work with victims or victim advocates in managing,
assisting, and mitigating the concerns and fears of crime victims
throughout the prosecution process, treating all victims equitably
regardless of their socioeconomic status, gender, race, age, sexual
orientation, ethnicity or creed.
e. At or before the time of sentencing and if available, DAGs will
provide victim impact statements to the Nevada Department of
Public Safety, Division of Parole and Probation, the court and
counsel for defense.
f. Immigrants and non-English speaking persons are often victimized
and vulnerable to crime. To this end, DAGs will work to create an
environment where undocumented immigrants feel they can report
crime without jeopardizing themselves because of their
immigration status.
g. DAGs should refer undocumented persons against whom crimes
have been committed to advocate groups who can inform them of
their rights and protections as immigrant victims.
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2. A Broader Approach to Addressing Pretrial Custody of Defendants

a. Support Nevada’s implementation of evidence-based pretrial risk
assessments to identify a defendant's risk of failing to appear at
future court proceedings and for risk of committing future crimes.
b. OAG’s presumptive bail request for misdemeanors will be “release
on own recognizance” (ROR) or unsecured bail, with the exception
of crimes involving child victims, elderly persons, violent acts,
domestic violence, or persons with a risk of flight.
c. Consideration of alternatives to pretrial incarceration which limit
collateral consequences while accounting for public safety, such as
house arrest, pretrial oversight, random drug testing and added
supervision through diversion and other specialty court programs.
3. Charging Cases Fairly and With Mindfulness of the Three Cs
a. We will adopt an office-wide presumption of charging what we can
objectively prove, not to gratuitously charge multiple felony crimes
with mandatory prison sentences when one crime accounts for the
facts and circumstances of an event. When warranted by the
repetitious nature and seriousness of criminal conduct, DAGs still
have discretion to charge crimes with separate and distinct acts
even though they arise out of the same general conduct.
b. DAGs will charge cases equitably across protected groups of
people.
c. We will support prisoner and corrections staff safety by
aggressively prosecuting violent crimes committed in prison.
d. We will promote faith in government by investigating and
prosecuting public integrity cases in a nonpartisan manner.
e. We will vigorously continue to prosecute fraud and scams to
further protect consumers from unscrupulous individuals and
entities.
4. Considerations When Negotiating Cases
a. DAGs will continue to keep crime victims informed about case
progress and critical hearings pursuant to Article 1 of the Nevada
Constitution, as well as to be respectful of the victim’s safety,
confidentiality, the impact of the crime on them and the victim’s
need for justice.
b. When there is credible evidence of a substance abuse disorder,
gambling addiction or other mental illness, we must support
alternatives to criminalizing addiction and mental illness for
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misdemeanors, nonviolent or low-level offenses by diverting people

to evidence-based treatment programs and away from
incarceration. DAGs will continue to take a defendant’s verified
rehabilitative needs and background into account.
c. When negotiating cases, DAGs will explore alternatives to prison,
limiting collateral consequences while accounting for public safety
(e.g., house arrest, random drug testing, and other alternative
sentencing programs). For example, DAGs will continue to
consider whether a person can safely reside in a community-based
residential program, rather than in prison.
5. Constructing Uniquely-Tailored Sentencing Recommendations
a. In routine misdemeanor or felony cases not involving violence,
crimes against vulnerable populations, crimes with a large
community impact or those committed by repeat offenders, DAGs
are encouraged to recommend sentences at the lower end of the
statutory sentencing range, probation in lieu of prison, and for
judges to limit probation to three years when reasonable.
b. DAGs will consider restorative justice processes if the parties are
willing. Under restorative justice, crime is more complex than
simply breaking the law. Restorative justice recognizes the harm
to people, relationships, and the community. As such, DAGs can
structure sentencing recommendations that include offenders and
community members meeting to discuss harms arising out of the
crime and how to foster resolution. Other approaches are available
if parties are unable or unwilling to meet.
c. DAGs will encourage judicial discretion by leaving sentence
recommendations “open” in plea agreements when appropriate.
d. For low-level offenses not involving vulnerable populations and
serious crimes causing significant harm, DAGs are encouraged to
work with defense counsel to increase the likelihood of the
defendant’s successful reentry into the community by fashioning
sentencing recommendations to account for the individual
circumstances of the case, including the victim’s need for justice
and recompense, as well as the defendant’s need for rehabilitation
and successful reintegration to society.
e. DAGs will argue for incarceration and longer sentences when
aggravating circumstances outweigh mitigating circumstances or
the instant crime involves children, violent offenses, public trust or
serious financial fraud.
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f. DAGs will only move to have a defendant sentenced as a habitual

offender after Attorney General approval. Moving for habitual
offender sentencing should occur when we are seeking to go above
a statutory maximum at sentencing out of concern for public
safety, upon input from law enforcement, and/or when the offender
has a history of violence or multiple felony convictions.
6. Make Efforts to Support an Offender’s Successful Completion of Probation
a. DAGs will work with Nevada Department of Public Safety,
Division of Parole and Probation to avoid recommending prison
sentences for technical violations, such as missed curfews, etc. In
instances of reoccurring technical violations, it is the AGO
preference to use sentencing modifications that may include short
jail terms, house arrest, or GPS tracking devices.
b. We will not recommend probation revocation when there is
evidence of a person genuinely struggling with drug, alcohol or
mental health treatment because the path to rehabilitation is
rarely linear.
7. In Rare Prosecutions Involving Juveniles
a. DAGs will not seek certification of juvenile subject minors to adult
district court unless approved by Attorney General. If another
jurisdiction refers the OAG a juvenile case and a DAG
recommends prosecuting a child as an adult, the DAG will
continue to ensure that all relevant information is available,
including family, educational, mental health and treatment
information, as well as prior rehabilitation.
b. DAGs will utilize extended juvenile court jurisdiction when
necessary to further a juvenile’s rehabilitative efforts and ensure
public safety.