2022 Nevada Revised Statutes
Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons
NRS 41.0397 - Prohibition against engaging in certain patterns or practices; investigation by Attorney General; civil action; venue; issuance of subpoenas; confidentiality of investigation; issuance of report by Attorney General; reprisal or retaliation prohibited; Attorney General required to participate and cooperate with federal investigation.

1. A state governmental authority, any agent thereof or any person acting on behalf of a state governmental authority shall not engage in a pattern or practice of conduct by peace officers, officials or employees of any state law enforcement agency or officials or employees of any governmental authority with responsibility for the administration of juvenile justice or the detention of juveniles that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State.

2. The Attorney General may investigate any violation of subsection 1. If the Attorney General has reasonable cause to believe that a violation of subsection 1 has occurred, the Attorney General must, before filing a civil action, notify the governmental authority and provide the factual basis that supports his or her reasonable cause to believe that a violation of subsection 1 has occurred. The governmental authority may respond to the notification at any time within 30 days after the date on which the governmental authority receives the notification.

3. The Attorney General may, in accordance with the requirements of this section, file a civil action against the governmental authority, for or in the name of the State of Nevada:

(a) To obtain any and all appropriate equitable and declaratory relief to eliminate the identified pattern or practice if the Attorney General and the governmental authority cannot reach an agreement regarding the course of action for the governmental authority to take to remedy, change or eliminate the identified pattern or practice within 60 days after the last day on which the governmental authority may respond to the notification; or

(b) To enforce the terms of any such agreement that is reached by the Attorney General and the governmental authority.

4. Any civil action filed by the Attorney General pursuant to subsection 3 must be filed in the district court of the county where the governmental authority maintains its headquarters.

5. For the purpose of carrying out an investigation pursuant to the provisions of this section, the Attorney General or his or her designee may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant evidence, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects maintained by the governmental authority. If a witness refuses to attend, testify or produce materials as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed pursuant to this section; and

(c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena, or has refused to answer questions propounded to him or her,

and asking for an order of the court compelling the witness to attend, testify or produce materials. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was properly issued by the Attorney General or his or her designee, the court shall enter an order that the witness appear at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order, the witness must be dealt with as for contempt of court.

6. Except as otherwise provided in NRS 239.0115, the content of any investigation, including, without limitation, the identity of a witness, any procedure, testimony taken, document or other tangible evidence produced, or any answer made under this section is confidential and not subject to disclosure as a public book or record unless and until the filing of a civil action pursuant to this section, except if:

(a) Confidentially is waived by the person upon whom the investigative demand is made;

(b) Disclosure is authorized by the district court; or

(c) Disclosure is made by a federal court or federal agency.

7. At the conclusion of an investigation by the Attorney General pursuant to this section, the Office of the Attorney General shall issue:

(a) A report that includes a determination that the governmental authority did not engage in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State;

(b) A report that includes a determination that the allegations that the governmental authority engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State could not be substantiated; or

(c) A report that includes:

(1) A determination that the governmental authority engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State; and

(2) The course of action mutually agreed upon by the Attorney General and the governmental authority to remedy, change or eliminate the identified pattern or practice, or a copy of the civil action filed against the governmental authority pursuant to paragraph (a) of subsection 3.

8. Any state officer, state employee, local officer or local employee who discloses a pattern or practice of conduct prohibited by subsection 1 must be afforded all protections against reprisal or retaliation as provided by NRS 281.611 to 281.671, inclusive.

9. In addition to the requirements set forth in this section, the Attorney General shall participate and cooperate in any investigation by the United States Department of Justice regarding whether the Office of the Attorney General has engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State.

10. As used in this section:

(a) "Law enforcement agency" has the meaning ascribed to it in NRS 289.010.

(b) "Peace officer" means a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

(c) "Relevant evidence" has the meaning ascribed to it in NRS 48.015.

(Added to NRS by 2021, 186)