2022 Nevada Revised Statutes
Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons
NRS 41.950 - Award of damages and other relief.
1. In an action brought pursuant to NRS 41.900 which results in the court entering a certificate of innocence pursuant to NRS 41.910, the court shall award the person:
(a) If the person was imprisoned for:
(1) One to 10 years, $50,000 for each year the person was imprisoned for his or her wrongful conviction;
(2) Eleven to 20 years, $75,000 for each year the person was imprisoned for his or her wrongful conviction; or
(3) Twenty-one years or more, $100,000 for each year the person was imprisoned for his or her wrongful conviction; and
(b) Not less than $25,000 for each year the person was on parole or not less than $25,000 for each year the person was required to register as a sex offender, whichever period of time was greater.
2. In addition to any damages awarded pursuant to subsection 1, the court may award:
(a) Reasonable attorney’s fees, not to exceed $25,000, unless a greater amount is authorized by a court upon a finding of good cause shown.
(b) Subject to the limitations in subsection 6, payment for the cost of:
(1) Tuition, books and fees for the person to enroll in any course or academic program at an institution operated by the Nevada System of Higher Education commenced not later than 3 years and completed not later than 10 years after the date the award of damages is issued pursuant to subsection 1.
(2) Participation by the person in Medicare or Medicaid, if the person is eligible for Medicare or Medicaid, or a qualified health plan offered on the health insurance exchange administered by the Silver State Health Insurance Exchange which has been designated by the Exchange as a Bronze or Silver plan, if the person is not eligible for Medicare or Medicaid. The court shall not award payment pursuant to this subparagraph for any period in which the person is enrolled in an employer-based health insurance plan.
(3) Programs for reentry into the community for the person commenced not later than 3 years and completed not later than 5 years after the date the award of damages is issued pursuant to subsection 1.
(4) Counseling services for the person commenced not later than 2 years after the date the award of damages is issued pursuant to subsection 1.
(5) Housing assistance in an amount not greater than $15,000 per year.
(6) Programs for assistance for financial literacy for the person commenced not later than 2 years and completed not later than 3 years after the date the award of damages is issued pursuant to subsection 1.
(c) Reimbursement for:
(1) Restitution ordered to be paid by the person in the criminal proceeding for which he or she was wrongfully convicted; and
(2) Medical care paid for by the person while he or she was imprisoned for his or her wrongful conviction.
(d) Any other relief.
3. Any award of damages issued pursuant to subsection 1 must be rounded up to the nearest half year.
4. A court shall not award and a person shall not receive compensation for any period of imprisonment during which the person was concurrently serving a sentence for a conviction of another offense for which the person was lawfully convicted and imprisoned.
5. If counseling services are awarded to the person pursuant to subsection 2, the person may select a relative to receive counseling with the person. As used in this subsection, "relative" means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
6. A court shall not award payment pursuant to paragraph (b) of subsection 2:
(a) In an amount greater than $100,000 in a calendar year.
(b) For a length of time that exceeds the period of time described in subsection 1 during which the person was imprisoned or on parole.
7. As used in this section, "qualified health plan" has the meaning ascribed to it in NRS 695I.080.
(Added to NRS by 2019, 4368; A 2021, 1376)
