Nevada bill would make gang affiliation easier to fight in court
CARSON CITY — It may become easier in Nevada to dispute a gang member designation before sentencing.
Assembly Bill 326 would allow those convicted in criminal cases to access the reports and documentation that pre-sentence investigators use to determine that they belong to a gang. Pre-sentence reports are reviewed by judges to help determine sentencing.
Information about a gang affiliation can also be used by the Nevada Department of Corrections to determine an inmate’s placement in the prison system to ensure they are not housed near a rival gang member.
Bill sponsor Assemblyman William McCurdy II, D-Las Vegas, said the proposal would give defendants an efficient avenue to dispute and correct inaccurate information about a gang affiliation before sentencing.
Chuck Callaway, representing the Las Vegas Metropolitan Police Department, said the measure would provide additional work and time for the department to gather and redact confidential information.
Callaway said information about a gang affiliation can be gathered through field interview cards police use when interviewing people out in the street. Those cards are used for multiple purposes.
If Metro’s gang intelligence unit suspects someone belongs to a gang, the individual is sent a letter and given an opportunity to dispute the measure with officers. Depending on the outcome, the name may be placed in a database if Metro believes they belong to a gang.
The measure was heard Thursday in the Assembly Corrections, Parole and Probation Committee, which did not take immediate action.
Contact Ben Botkin at bbotkin@reviewjournal.com or 775-461-0661. Follow @BenBotkin1 on Twitter.
