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2005 Nevada Revised Statutes - Chapter 176 — Judgment and Execution

CHAPTER 176 - JUDGMENT AND EXECUTION

GENERAL PROVISIONS

NRS 176.002 Divisiondefined.

ADVISORY COMMISSION ON SENTENCING

NRS 176.0121 Commissiondefined.

NRS 176.0123 Creation;members and appointing authorities; Chairman; terms; vacancies; salaries andper diem; staff.

NRS 176.0125 Dutiesof Commission.

NRS 176.0127 Departmentof Corrections and Division of Parole and Probation to provide information toand assist Commission.

NRS 176.0129 Annualprojections of persons imprisoned, on probation, on parole and in residentialconfinement.

SENTENCE AND JUDGMENT

Hearing

NRS 176.015 Prompthearing; court may commit defendant or continue or alter bail before hearing;statement by defendant; presentation of mitigating evidence; rights of victim;notice of hearing.

 

Sentence of Death; Terms of Imprisonment; Restitution

NRS 176.025 Sentenceof death not to be imposed on person under age of 18 years.

NRS 176.033 Sentenceof imprisonment required or permitted by statute: Definite period formisdemeanor or gross misdemeanor; minimum and maximum term for felony unlessdefinite term required by statute; restitution; modification of sentence.

NRS 176.035 Convictionof two or more offenses; concurrent and consecutive sentences.

NRS 176.045 Impositionof concurrent or consecutive sentence on person under sentence in anotherjurisdiction.

NRS 176.055 Creditagainst sentence of imprisonment.

 

Administrative Assessments, Fines, Fees, Forfeitures and CommunityService

NRS 176.059 Administrativeassessment for misdemeanor: Collection; distribution; limitations on use.

NRS 176.0611 Additionaladministrative assessment for misdemeanor: Authorization; collection;distribution; limitations on use.

NRS 176.0613 Additionaladministrative assessment for misdemeanor: Authorization; collection;distribution; limitations on use.

NRS 176.062 Administrativeassessment for felony or gross misdemeanor: Collection; distribution;limitations on use.

NRS 176.064 Collectionfee for unpaid administrative assessment, fine, fee or restitution; use ofcollection agency; report to credit agencies; attachment or garnishment;suspension of drivers license; imprisonment.

NRS 176.065 Rateof additional imprisonment in default of administrative assessment, fine orforfeiture.

NRS 176.075 Rateof imprisonment in default of administrative assessment, fine or forfeiture.

NRS 176.085 Reductionof excessive fine or administrative assessment; payment in installments.

NRS 176.087 Impositionof community service as punishment or condition of probation.

 

Genetic Marker Testing

NRS 176.0911 CODISdefined.

NRS 176.0913 Biologicalspecimen to be obtained from certain defendants; identifying informationsubmitted to Central Repository; costs.

NRS 176.0915 Feefor obtaining biological specimen and for testing; inclusion in sentence;creation of county fund; use of money in fund.

NRS 176.0916 Biologicalspecimen to be obtained from certain probationers and parolees; fee forobtaining biological specimen and for testing; identifying informationsubmitted to Central Repository; creation of state Fund; use of money in Fund.

NRS 176.0917 Countyto designate forensic laboratory to conduct or oversee testing; criteria.

NRS 176.0918 Petitionrequesting genetic marker testing of evidence by person sentenced to death:Authorized; procedure; when granted; remedy not exclusive.

NRS 176.0919 Executionstayed pending results of genetic marker analysis.

 

Sex Offenders and Offenders Convicted of a Crime Against a Child

NRS 176.0921 Definitions.

NRS 176.0922 CentralRepository defined.

NRS 176.0923 Crimeagainst a child defined.

NRS 176.0924 Recordof registration defined.

NRS 176.0925 Sexualoffense defined.

NRS 176.0926 Crimeagainst child: Notice of conviction to Central Repository; defendant informedof duty to register; effect of failure to inform. [Effective through June 30,2006.]

NRS 176.0926 Crimeagainst child: Notice of conviction to Central Repository; defendant informedof duty to register; effect of failure to inform. [Effective July 1, 2006.]

NRS 176.0927 Sexualoffense: Notice of conviction to Central Repository; defendant informed of dutyto register; effect of failure to inform. [Effective through June 30, 2006.]

NRS 176.0927 Sexualoffense: Notice of conviction to Central Repository; defendant informed of dutyto register; effect of failure to inform. [Effective July 1, 2006.]

 

Lifetime Supervision

NRS 176.0931 Specialsentence for sex offenders; petition for release from lifetime supervision.

 

Miscellaneous Provisions

NRS 176.095 StateBoard of Parole Commissioners may direct release of state prisoner on parole.

NRS 176.105 Judgmentin criminal action generally.

NRS 176.115 Judgmentagainst complainant for malicious prosecution when defendant not found guilty;costs; enforcement of judgment.

NRS 176.125 Entryof judgment of conviction; what papers constitute record of action.

INVESTIGATION BY DIVISION OF PAROLE AND PROBATION

NRS 176.133 Definitions.

NRS 176.135 Presentenceinvestigation and report: When required; time for completing.

NRS 176.139 Presentenceinvestigation and report: Psychosexual evaluation of certain sex offendersrequired; standards and methods for conducting evaluation; access to records;rights of confidentiality and privileges deemed waived; costs.

NRS 176.145 Presentenceinvestigation and report: Contents of report.

NRS 176.151 Generalinvestigation and report on defendant convicted of category E felony: Whenrequired; time for completing; contents of report.

NRS 176.156 Disclosureof report of presentence or general investigation; persons entitled to usereport; confidentiality of report.

NRS 176.159 Deliveryof report of presentence or general investigation to Director of Department ofCorrections.

WITHDRAWAL OF PLEA

NRS 176.165 Whenplea of guilty or nolo contendere may be withdrawn.

EXECUTION

NRS 176.265 Finesto be paid into State Treasury.

NRS 176.275 Judgmentfor fine, administrative assessment, payment of restitution or repayment ofexpenses is lien.

NRS 176.278 Paymentof restitution from civil judgment or settlement in favor of defendant andagainst State, political subdivision, officer, employee or contractor.

NRS 176.285 Finesin Justice Court to be paid to county treasurer within 30 days.

NRS 176.295 Costswhen criminal action removed before trial; clerk to certify costs to auditor.

NRS 176.305 Judgmentfor imprisonment or fine and imprisonment until satisfied: Commitment anddetention.

NRS 176.315 Judgmentof imprisonment in county jail: How executed.

NRS 176.325 Judgmentof imprisonment in state prison: How executed.

NRS 176.335 Dutyof sheriff on receiving copies of judgment of imprisonment; Director ofDepartment of Corrections to receive prisoner from sheriff; when term ofimprisonment begins.

NRS 176.345 Proceedingswhen conviction carries death penalty.

NRS 176.355 Executionof death penalty: Method; time and place; witnesses.

NRS 176.357 Requestfor notification of execution of death penalty; request to attend.

NRS 176.365 Directorof Department of Corrections to make return on death warrant.

SUSPENSION OF EXECUTION OF DEATH PENALTY

General Provisions

NRS 176.415 Whenexecution of death penalty may be stayed.

 

Insanity or Pregnancy

NRS 176.425 Sanityinvestigation: Filing of petition; stay of execution.

NRS 176.435 Sanityinvestigation: Conduct of hearing.

NRS 176.445 Executionof judgment when defendant found sane.

NRS 176.455 Suspensionof execution when defendant found insane; proceedings on recovery of sanity.

NRS 176.465 Investigationof pregnancy: Procedure; hearing.

NRS 176.475 Proceedingsafter investigation: Execution of judgment; suspension of execution; issuanceof warrant on termination of pregnancy.

NRS 176.485 Costsof investigations borne by State; manner of payment.

 

Petition for Postconviction Relief

NRS 176.486 Authorityto enter stay of execution.

NRS 176.487 Determinationof whether to enter stay of execution.

NRS 176.488 Entryof stay of execution and necessary orders.

NRS 176.489 Vacationof stay of execution.

NRS 176.491 Stayof execution following denial of appeal.

NRS 176.492 Dissolutionof stay of execution which was improperly entered.

NEW ORDER TO EXECUTE JUDGMENT OF DEATH

NRS 176.495 Newwarrant generally.

NRS 176.505 Orderfollowing appeal.

NEW TRIAL

NRS 176.515 Newtrial: Grounds; time for filing motion.

ARREST OF JUDGMENT

NRS 176.525 Arrestof judgment: When granted and time in which motion is to be made.

NRS 176.535 Effectof arresting judgment.

NRS 176.545 Procedureafter allowance of arrest of judgment.

MISCELLANEOUS PROVISIONS

NRS 176.555 Correctionof illegal sentence.

NRS 176.565 Clericalmistakes.

_________

GENERAL PROVISIONS

NRS 176.002 Divisiondefined. As used in this chapter, unless thecontext otherwise requires, Division means the Division of Parole andProbation of the Department of Public Safety.

(Added to NRS by 1993, 1512; A 2001, 2568)

ADVISORY COMMISSION ON SENTENCING

NRS 176.0121 Commissiondefined. As used in NRS 176.0121 to 176.0129, inclusive, Commission meansthe Advisory Commission on Sentencing.

(Added to NRS by 1995, 1353)

NRS 176.0123 Creation;members and appointing authorities; Chairman; terms; vacancies; salaries andper diem; staff.

1. The Advisory Commission on Sentencing is herebycreated. The Commission consists of:

(a) One member who is a district judge, appointed bythe governing body of the Nevada District Judges Association;

(b) One member who is a district attorney, appointed bythe governing body of the Nevada District Attorneys Association;

(c) One member who is an attorney in private practice,experienced in defending criminal actions, appointed by the governing body ofthe State Bar of Nevada;

(d) One member who is a public defender, appointed bythe governing body of the State Bar of Nevada;

(e) One member who is a representative of a lawenforcement agency, appointed by the Governor;

(f) One member who is a representative of the Divisionof Parole and Probation of the Department of Public Safety, appointed by theGovernor;

(g) One member who has been a victim of a crime or is arepresentative of an organization supporting the rights of victims of crime,appointed by the Governor;

(h) One member who is a county commissioner, appointedby the governing body of the Nevada Association of Counties;

(i) The Director of the Department of Corrections;

(j) Two members who are Senators, one of whom isappointed by the Majority Leader of the Senate and one of whom is appointed bythe Minority Leader of the Senate; and

(k) Two members who are Assemblymen, one of whom isappointed by the Speaker of the Assembly and one of whom is appointed by theMinority Leader of the Assembly.

If anyassociation listed in this subsection ceases to exist, the appointment requiredby this subsection must be made by the associations successor in interest or,if there is no successor in interest, by the Governor.

2. The Attorney General is an ex officio voting memberof the Commission and shall serve as the Chairman of the Commission.

3. Each appointed member serves a term of 2 years.Members may be reappointed for additional terms of 2 years in the same manneras the original appointments. Any vacancy occurring in the membership of theCommission must be filled in the same manner as the original appointment.

4. The Legislators who are members of the Commissionare entitled to receive the salary provided for a majority of the members ofthe Legislature during the first 60 days of the preceding session for eachdays attendance at a meeting of the Commission.

5. While engaged in the business of the Commission, tothe extent of legislative appropriation, each member of the Commission isentitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally.

6. To the extent of legislative appropriation, theAttorney General shall provide the Commission with such staff as is necessaryto carry out the duties of the Commission.

(Added to NRS by 1995, 1353; A 2001, 2568; 2005, 581)

NRS 176.0125 Dutiesof Commission. The Commission shall:

1. Identify and study the elements of this statessystem of criminal justice which affect the sentences imposed for felonies andgross misdemeanors.

2. Evaluate the effectiveness and fiscal impact ofvarious policies and practices regarding sentencing which are employed in thisstate and other states, including, but not limited to, the use of pleabargaining, probation, programs of intensive supervision, programs ofregimental discipline, imprisonment, mandatory and minimum sentencing,structured or tiered sentencing, enhanced penalties for habitual criminals,parole, credits against sentences, residential confinement and alternatives toincarceration.

3. Recommend changes in the structure of sentencing inthis state which, to the extent practicable and with consideration for theirfiscal impact, incorporate general objectives and goals for sentencing,including, but not limited to, the following:

(a) Offenders must receive sentences that increase indirect proportion to the severity of their crimes and their histories ofcriminality.

(b) Offenders who have extensive histories ofcriminality or who have exhibited a propensity to commit crimes of a predatoryor violent nature must receive sentences which reflect the need to ensure thesafety and protection of the public and which allow for the imprisonment forlife of such offenders.

(c) Offenders who have committed offenses that do notinclude acts of violence and who have limited histories of criminality mustreceive sentences which reflect the need to conserve scarce economic resourcesthrough the use of various alternatives to traditional forms of incarceration.

(d) Offenders with similar histories of criminality whoare convicted of similar crimes must receive sentences that are generallysimilar.

(e) Offenders sentenced to imprisonment must receivesentences which do not confuse or mislead the public as to the actual timethose offenders must serve while incarcerated or before being released fromconfinement or supervision.

(f) Offenders must not receive disparate sentencesbased upon factors such as race, gender or economic status.

(g) Offenders must receive sentences which are basedupon the specific circumstances and facts of their offenses, including thenature of the offense and any aggravating factors, the savagery of the offense,as evidenced by the extent of any injury to the victim, and the degree ofcriminal sophistication demonstrated by the offenders acts before, during andafter commission of the offense.

4. Compile and develop statistical informationconcerning sentencing in this state.

5. For each regular session of the Legislature,prepare a comprehensive report including the Commissions recommended changesin the structure of sentencing in this State, the Commissions findings and anyrecommendations of the Commission for proposed legislation. The report must besubmitted to the Legislature not later than 10 days after the commencement ofthe session.

(Added to NRS by 1995, 1354)

NRS 176.0127 Departmentof Corrections and Division of Parole and Probation to provide information toand assist Commission.

1. The Department of Corrections shall:

(a) Provide the Commission with any availablestatistical information or research requested by the Commission and assist theCommission in the compilation and development of information requested by theCommission, including, but not limited to, information or research concerningthe facilities and institutions of the Department of Corrections, the offenderswho are or were within those facilities or institutions and the sentences whichare being served or were served by those offenders;

(b) If requested by the Commission, make available tothe Commission the use of the computers and programs which are owned by theDepartment of Corrections; and

(c) Provide the independent contractor retained by theDepartment of Administration pursuant to NRS176.0129 with any available statistical information requested by theindependent contractor for the purpose of performing the projections requiredby NRS 176.0129.

2. The Division shall:

(a) Provide the Commission with any availablestatistical information or research requested by the Commission and assist theCommission in the compilation and development of information concerningsentencing, probation, parole and any offenders who are or were subject tosupervision by the Division;

(b) If requested by the Commission, make available tothe Commission the use of the computers and programs which are owned by theDivision; and

(c) Provide the independent contractor retained by theDepartment of Administration pursuant to NRS176.0129 with any available statistical information requested by theindependent contractor for the purpose of performing the projections requiredby NRS 176.0129.

(Added to NRS by 1995, 1355; A 2001 Special Session,214)

NRS 176.0129 Annualprojections of persons imprisoned, on probation, on parole and in residentialconfinement. The Department of Administrationshall, on an annual basis, contract for the services of an independentcontractor, in accordance with the provisions of NRS 284.173, to:

1. Review sentences imposed in this State and thepractices of the State Board of Parole Commissioners and project annually thenumber of persons who will be:

(a) In a facility or institution of the Department ofCorrections;

(b) On probation;

(c) On parole; and

(d) Serving a term of residential confinement,

during the10 years immediately following the date of the projection; and

2. Review preliminary proposals and informationprovided by the Commission and project annually the number of persons who willbe:

(a) In a facility or institution of the Department ofCorrections;

(b) On probation;

(c) On parole; and

(d) Serving a term of residential confinement,

during the10 years immediately following the date of the projection, assuming thepreliminary proposals were recommended by the Commission and enacted by theLegislature.

(Added to NRS by 1995, 1355; A 2001 Special Session,215)

SENTENCE AND JUDGMENT

Hearing

NRS 176.015 Prompthearing; court may commit defendant or continue or alter bail before hearing;statement by defendant; presentation of mitigating evidence; rights of victim;notice of hearing.

1. Sentence must be imposed without unreasonabledelay. Pending sentence, the court may commit the defendant or continue oralter the bail.

2. Before imposing sentence, the court shall:

(a) Afford counsel an opportunity to speak on behalf ofthe defendant; and

(b) Address the defendant personally and ask him if hewishes to make a statement in his own behalf and to present any information inmitigation of punishment.

3. After hearing any statements presented pursuant tosubsection 2 and before imposing sentence, the court shall afford the victim anopportunity to:

(a) Appear personally, by counsel or by personalrepresentative; and

(b) Reasonably express any views concerning the crime,the person responsible, the impact of the crime on the victim and the need forrestitution.

4. The prosecutor shall give reasonable notice of thehearing to impose sentence to:

(a) The person against whom the crime was committed;

(b) A person who was injured as a direct result of thecommission of the crime;

(c) The surviving spouse, parents or children of aperson who was killed as a direct result of the commission of the crime; and

(d) Any other relative or victim who requests inwriting to be notified of the hearing.

Any defectin notice or failure of such persons to appear are not grounds for an appeal orthe granting of a writ of habeas corpus. All personal information, including,but not limited to, a current or former address, which pertains to a victim orrelative and which is received by the prosecutor pursuant to this subsection isconfidential.

5. For the purposes of this section:

(a) Relative of a person includes:

(1) A spouse, parent, grandparent or stepparent;

(2) A natural born child, stepchild or adoptedchild;

(3) A grandchild, brother, sister, half brotheror half sister; or

(4) A parent of a spouse.

(b) Victim includes:

(1) A person, including a governmental entity,against whom a crime has been committed;

(2) A person who has been injured or killed as adirect result of the commission of a crime; and

(3) A relative of a person described insubparagraph (1) or (2).

6. This section does not restrict the authority of thecourt to consider any reliable and relevant evidence at the time of sentencing.

(Added to NRS by 1967, 1432; A 1989, 1425; 1991, 90;1995, 371; 1997, 3236; 2001,889)

Sentence of Death; Terms of Imprisonment; Restitution

NRS 176.025 Sentenceof death not to be imposed on person under age of 18 years. A sentence of death must not be imposed or inflicted uponany person convicted of a crime now punishable by death who at the time of thecommission of the crime was under the age of 18 years. As to such person, themaximum punishment that may be imposed is life imprisonment.

(Added to NRS by 1967, 1432; A 2005, 63)

NRS 176.033 Sentenceof imprisonment required or permitted by statute: Definite period formisdemeanor or gross misdemeanor; minimum and maximum term for felony unlessdefinite term required by statute; restitution; modification of sentence.

1. If a sentence of imprisonment is required orpermitted by statute, the court shall:

(a) If sentencing a person who has been found guilty ofa misdemeanor or a gross misdemeanor, sentence the person to imprisonment for adefinite period of time within the maximum limit or the minimum and maximumlimits prescribed by the applicable statute, taking due account of the gravityof the particular offense and of the character of the individual defendant.

(b) If sentencing a person who has been found guilty ofa felony, sentence the person to a minimum term and a maximum term ofimprisonment, unless a definite term of imprisonment is required by statute.

(c) If restitution is appropriate, set an amount ofrestitution for each victim of the offense and for expenses related toextradition in accordance with NRS 179.225.

2. At any time after a prisoner has been released onparole and has served one-half of the period of his parole, or 10 consecutiveyears on parole in the case of a prisoner sentenced to life imprisonment, theState Board of Parole Commissioners, upon the recommendation of the division,may petition the court of original jurisdiction requesting a modification ofsentence. The Board shall give notice of the petition and hearing thereon tothe Attorney General or district attorney who had jurisdiction in the originalproceedings. Upon hearing the recommendation of the State Board of ParoleCommissioners and good cause appearing, the court may modify the originalsentence by reducing the maximum term of imprisonment but shall not make theterm less than the minimum term prescribed by the applicable penal statute.

(Added to NRS by 1967, 527; A 1973, 844; 1975, 652;1977, 414; 1987, 395; 1989, 678; 1993, 934, 1512; 1995, 551, 1248)

NRS 176.035 Convictionof two or more offenses; concurrent and consecutive sentences.

1. Except as otherwise provided in subsection 2,whenever a person is convicted of two or more offenses, and sentence has beenpronounced for one offense, the court in imposing any subsequent sentence mayprovide that the sentences subsequently pronounced run either concurrently orconsecutively with the sentence first imposed. Except as otherwise provided insubsections 2 and 3, if the court makes no order with reference thereto, allsuch subsequent sentences run concurrently.

2. Except as otherwise provided in this subsection,whenever a person under sentence of imprisonment for committing a felonycommits another crime constituting a felony and is sentenced to another term ofimprisonment for that felony, the latter term must not begin until theexpiration of all prior terms. If the person is a probationer at the time thesubsequent felony is committed, the court may provide that the latter term ofimprisonment run concurrently with any prior terms or portions thereof. If the personis sentenced to a term of imprisonment for life without the possibility ofparole, the sentence must be executed without reference to the unexpired termof imprisonment and without reference to his eligibility for parole.

3. Whenever a person under sentence of imprisonmentcommits another crime constituting a misdemeanor or gross misdemeanor, thecourt shall provide expressly whether the sentence subsequently pronounced runsconcurrently or consecutively with the one first imposed.

4. Whenever a person under sentence of imprisonmentcommits another crime for which the punishment is death, the sentence must beexecuted without reference to the unexpired term of imprisonment.

5. This section does not prevent the State Board ofParole Commissioners from paroling a person under consecutive sentences ofimprisonment from a current term of imprisonment to a subsequent term ofimprisonment.

(Added to NRS by 1967, 1432; A 1973, 181, 674; 1987,591; 1997, 1187; 2001,1936)

NRS 176.045 Impositionof concurrent or consecutive sentence on person under sentence in anotherjurisdiction.

1. Whenever a person convicted of a public offense inthis State is under sentence of imprisonment pronounced by anotherjurisdiction, federal or state, whether or not the prior sentence is for thesame offense, the court in imposing any sentence for the offense committed inthis State may, in its discretion, provide that such sentence shall run eitherconcurrently or consecutively with the prior sentence.

2. If the court provides that the sentence shall runconcurrently, and the defendant is released by the other jurisdiction prior tothe expiration of the sentence imposed in this State, the defendant shall bereturned to the State of Nevada to serve out the balance of such sentence,unless the defendant is eligible for parole under the provisions of chapter 213 of NRS, and the Board of ParoleCommissioners directs that he be released on parole as provided in thatchapter.

3. If the court makes an order pursuant to thissection, the clerk of the court shall provide the Director of the Department ofCorrections with a certified copy of judgment and notification of the place ofout-of-state confinement.

4. If the court makes no order pursuant to thissection, the sentence imposed in this State shall not begin until theexpiration of all prior sentences imposed by other jurisdictions.

(Added to NRS by 1967, 1432; A 1973, 180; 1977, 859; 2001 Special Session,215)

NRS 176.055 Creditagainst sentence of imprisonment.

1. Except as otherwise provided in subsection 2,whenever a sentence of imprisonment in the county jail or state prison isimposed, the court may order that credit be allowed against the duration of thesentence, including any minimum term thereof prescribed by law, for the amountof time which the defendant has actually spent in confinement beforeconviction, unless his confinement was pursuant to a judgment of conviction foranother offense. Credit allowed pursuant to this subsection does not alter thedate from which the term of imprisonment is computed.

2. A defendant who is convicted of a subsequentoffense which was committed while he was:

(a) In custody on a prior charge is not eligible forany credit on the sentence for the subsequent offense for time he has spent inconfinement on the prior charge, unless the charge was dismissed or he wasacquitted.

(b) Imprisoned in a county jail or state prison or onprobation or parole from a Nevada conviction is not eligible for any credit onthe sentence for the subsequent offense for the time he has spent in confinementwhich is within the period of the prior sentence, regardless of whether anyprobation or parole has been formally revoked.

(Added to NRS by 1967, 1433; A 1971, 243; 1973, 161;1981, 479)

Administrative Assessments, Fines, Fees, Forfeitures and CommunityService

NRS 176.059 Administrativeassessment for misdemeanor: Collection; distribution; limitations on use.

1. Except as otherwise provided in subsection 2, whena defendant pleads guilty or is found guilty of a misdemeanor, including theviolation of any municipal ordinance, the justice or judge shall include in thesentence the sum prescribed by the following schedule as an administrativeassessment and render a judgment against the defendant for the assessment:

 

Fine Assessment

$5 to $49............................................................................................................. $25

50 to 59................................................................................................................. 40

60 to 69................................................................................................................. 45

70 to 79................................................................................................................. 50

80 to 89................................................................................................................. 55

90 to 99................................................................................................................. 60

100 to 199............................................................................................................. 70

200 to 299............................................................................................................. 80

300 to 399............................................................................................................. 90

400 to 499........................................................................................................... 100

500 to 1,000........................................................................................................ 115

 

If the justice or judge sentences the defendant to performcommunity service in lieu of a fine, the justice or judge shall include in the sentencethe amount of the administrative assessment that corresponds with the fine forwhich the defendant would have been responsible as prescribed by the schedulein this subsection.

2. The provisions of subsection 1 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance which is specifically designated asimposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

3. The money collected for an administrativeassessment must not be deducted from the fine imposed by the justice or judgebut must be taxed against the defendant in addition to the fine. The moneycollected for an administrative assessment must be stated separately on thecourts docket and must be included in the amount posted for bail. If bail isforfeited, the administrative assessment included in the amount posted for bailpursuant to this subsection must be disbursed in the manner set forth in subsection5 or 6. If the defendant is found not guilty or the charges are dismissed, themoney deposited with the court must be returned to the defendant. If thejustice or judge cancels a fine because the fine has been determined to beuncollectible, any balance of the fine and the administrative assessmentremaining unpaid shall be deemed to be uncollectible and the defendant is notrequired to pay it. If a fine is determined to be uncollectible, the defendantis not entitled to a refund of the fine or administrative assessment he haspaid and the justice or judge shall not recalculate the administrativeassessment.

4. If the justice or judge permits the fine andadministrative assessment to be paid in installments, the payments must befirst applied to the unpaid balance of the administrative assessment. The citytreasurer shall distribute partially collected administrative assessments inaccordance with the requirements of subsection 5. The county treasurer shalldistribute partially collected administrative assessments in accordance withthe requirements of subsection 6.

5. The money collected for administrative assessmentsin municipal court must be paid by the clerk of the court to the city treasureron or before the fifth day of each month for the preceding month. The citytreasurer shall distribute, on or before the 15th day of that month, the moneyreceived in the following amounts for each assessment received:

(a) Two dollars to the county treasurer for credit to aspecial account in the county general fund for the use of the countys juvenilecourt or for services to juvenile offenders. Any money remaining in the specialaccount after 2 fiscal years must be deposited in the county general fund if ithas not been committed for expenditure. The county treasurer shall provide,upon request by a juvenile court, monthly reports of the revenue credited toand expenditures made from the special account.

(b) Seven dollars for credit to a special revenue fundfor the use of the municipal courts. Any money remaining in the special revenuefund after 2 fiscal years must be deposited in the municipal general fund if ithas not been committed for expenditure. The city treasurer shall provide, uponrequest by a municipal court, monthly reports of the revenue credited to andexpenditures made from the special revenue fund.

(c) The remainder of each assessment to the StateController for credit to a special account in the State General Fund.

6. The money collected for administrative assessmentsin Justice Courts must be paid by the clerk of the court to the countytreasurer on or before the fifth day of each month for the preceding month. Thecounty treasurer shall distribute, on or before the 15th day of that month, themoney received in the following amounts for each assessment received:

(a) Two dollars for credit to a special account in thecounty general fund for the use of the countys juvenile court or for servicesto juvenile offenders. Any money remaining in the special account after 2fiscal years must be deposited in the county general fund if it has not beencommitted for expenditure. The county treasurer shall provide, upon request bya juvenile court, monthly reports of the revenue credited to and expendituresmade from the special account.

(b) Seven dollars for credit to a special revenue fundfor the use of the Justice Courts. Any money remaining in the special revenuefund after 2 fiscal years must be deposited in the county general fund if ithas not been committed for expenditure. The county treasurer shall provide,upon request by a Justice Court, monthly reports of the revenue credited to andexpenditures made from the special revenue fund.

(c) The remainder of each assessment to the StateController for credit to a special account in the State General Fund.

7. The money apportioned to a juvenile court, aJustice Court or a municipal court pursuant to this section must be used, inaddition to providing services to juvenile offenders in the juvenile court, toimprove the operations of the court, or to acquire appropriate advancedtechnology or the use of such technology, or both. Money used to improve theoperations of the court may include expenditures for:

(a) Training and education of personnel;

(b) Acquisition of capital goods;

(c) Management and operational studies; or

(d) Audits.

8. Of the total amount deposited in the State GeneralFund pursuant to subsections 5 and 6, the State Controller shall distribute themoney received to the following public agencies in the following manner:

(a) Not less than 51 percent to the Office of CourtAdministrator for allocation as follows:

(1) Eighteen and one-half percent of the amountdistributed to the Office of Court Administrator for the administration of thecourts.

(2) Nine percent of the amount distributed tothe Office of Court Administrator for the development of a uniform system forjudicial records.

(3) Nine percent of the amount distributed tothe Office of Court Administrator for continuing judicial education.

(4) Sixty percent of the amount distributed tothe Office of Court Administrator for the Supreme Court.

(5) Three and one-half percent of the amountdistributed to the Office of Court Administrator for the payment for theservices of retired justices and retired district judges.

(b) Not more than 49 percent must be used to the extentof legislative authorization for the support of:

(1) The Central Repository for Nevada Records ofCriminal History;

(2) The Peace Officers Standards and TrainingCommission;

(3) The operation by the Nevada Highway Patrolof a computerized switching system for information related to law enforcement;

(4) The Fund for the Compensation of Victims ofCrime; and

(5) The Advisory Council for ProsecutingAttorneys.

9. As used in this section:

(a) Juvenile court has the meaning ascribed to it in NRS 62A.180.

(b) Office of Court Administrator means the Office ofCourt Administrator created pursuant to NRS1.320.

(Added to NRS by 1983, 907; A 1985, 907; 1987, 1417;1989, 1058, 1980; 1991, 1554, 2181; 1993, 604, 867; 1995, 2453; 1997, 1508; 1999, 2426; 2001, 375, 2353, 2919; 2003, 1118, 1461, 2098)

NRS 176.0611 Additionaladministrative assessment for misdemeanor: Authorization; collection;distribution; limitations on use.

1. A county or a city, upon recommendation of theappropriate court, may, by ordinance, authorize the justices or judges of the Justiceor municipal Courts within its jurisdiction to impose for not longer than 50years, in addition to the administrative assessments imposed pursuant to NRS 176.059 and 176.0613, an administrative assessment forthe provision of court facilities.

2. Except as otherwise provided in subsection 3, inany jurisdiction in which an administrative assessment for the provision ofcourt facilities has been authorized, when a defendant pleads guilty or isfound guilty of a misdemeanor, including the violation of any municipalordinance, the justice or judge shall include in the sentence the sum of $10 asan administrative assessment for the provision of court facilities and render ajudgment against the defendant for the assessment. If the justice or judge sentencesthe defendant to perform community service in lieu of a fine, the justice orjudge shall include in the sentence the administrative assessment requiredpursuant to this subsection.

3. The provisions of subsection 2 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance that is specifically designated asimposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrativeassessment for the provision of court facilities must not be deducted from thefine imposed by the justice or judge but must be taxed against the defendant inaddition to the fine. The money collected for such an administrative assessmentmust be stated separately on the courts docket and must be included in theamount posted for bail. If bail is forfeited, the administrative assessmentincluded in the amount posted for bail pursuant to this subsection must bedisbursed in the manner set forth in subsection 6 or 7. If the defendant isfound not guilty or the charges are dismissed, the money deposited with thecourt must be returned to the defendant. If the justice or judge cancels a finebecause the fine has been determined to be uncollectible, any balance of thefine and the administrative assessment remaining unpaid shall be deemed to beuncollectible and the defendant is not required to pay it. If a fine isdetermined to be uncollectible, the defendant is not entitled to a refund ofthe fine or administrative assessment he has paid and the justice or judgeshall not recalculate the administrative assessment.

5. If the justice or judge permits the fine andadministrative assessment for the provision of court facilities to be paid ininstallments, the payments must be applied in the following order:

(a) To pay the unpaid balance of an administrativeassessment imposed pursuant to NRS 176.059;

(b) To pay the unpaid balance of an administrativeassessment for the provision of court facilities pursuant to this section;

(c) To pay the unpaid balance of an administrativeassessment for the provision of specialty court programs pursuant to NRS 176.0613; and

(d) To pay the fine.

6. The money collected for administrative assessmentsfor the provision of court facilities in municipal courts must be paid by theclerk of the court to the city treasurer on or before the fifth day of eachmonth for the preceding month. The city treasurer shall deposit the moneyreceived in a special revenue fund. The city may use the money in the specialrevenue fund only to:

(a) Acquire land on which to construct additionalfacilities for the municipal courts or a regional justice center that includesthe municipal courts.

(b) Construct or acquire additional facilities for themunicipal courts or a regional justice center that includes the municipalcourts.

(c) Renovate or remodel existing facilities for themunicipal courts.

(d) Acquire furniture, fixtures and equipmentnecessitated by the construction or acquisition of additional facilities or therenovation of an existing facility for the municipal courts or a regionaljustice center that includes the municipal courts. This paragraph does notauthorize the expenditure of money from the fund for furniture, fixtures orequipment for judicial chambers.

(e) Acquire advanced technology for use in theadditional or renovated facilities.

(f) Pay debt service on any bonds issued pursuant tosubsection 3 of NRS 350.020 for theacquisition of land or facilities or the construction or renovation offacilities for the municipal courts or a regional justice center that includesthe municipal courts.

Any moneyremaining in the special revenue fund after 5 fiscal years must be deposited inthe municipal general fund for the continued maintenance of court facilities ifit has not been committed for expenditure pursuant to a plan for the constructionor acquisition of court facilities or improvements to court facilities. Thecity treasurer shall provide, upon request by a municipal court, monthlyreports of the revenue credited to and expenditures made from the specialrevenue fund.

7. The money collected for administrative assessmentsfor the provision of court facilities in Justice Courts must be paid by theclerk of the court to the county treasurer on or before the fifth day of eachmonth for the preceding month. The county treasurer shall deposit the moneyreceived to a special revenue fund. The county may use the money in the specialrevenue fund only to:

(a) Acquire land on which to construct additionalfacilities for the Justice Courts or a regional justice center that includesthe Justice Courts.

(b) Construct or acquire additional facilities for theJustice Courts or a regional justice center that includes the Justice Courts.

(c) Renovate or remodel existing facilities for theJustice Courts.

(d) Acquire furniture, fixtures and equipmentnecessitated by the construction or acquisition of additional facilities or therenovation of an existing facility for the Justice Courts or a regional justicecenter that includes the Justice Courts. This paragraph does not authorize theexpenditure of money from the fund for furniture, fixtures or equipment forjudicial chambers.

(e) Acquire advanced technology for use in the additionalor renovated facilities.

(f) Pay debt service on any bonds issued pursuant tosubsection 3 of NRS 350.020 for theacquisition of land or facilities or the construction or renovation offacilities for the Justice Courts or a regional justice center that includesthe Justice Courts.

Any moneyremaining in the special revenue fund after 5 fiscal years must be deposited inthe county general fund for the continued maintenance of court facilities if ithas not been committed for expenditure pursuant to a plan for the constructionor acquisition of court facilities or improvements to court facilities. Thecounty treasurer shall provide, upon request by a Justice Court, monthlyreports of the revenue credited to and expenditures made from the specialrevenue fund.

8. If money collected pursuant to this section is tobe used to acquire land on which to construct a regional justice center, toconstruct a regional justice center or to pay debt service on bonds issued forthese purposes, the county and the participating cities shall, by interlocalagreement, determine such issues as the size of the regional justice center,the manner in which the center will be used and the apportionment of fiscalresponsibility for the center.

(Added to NRS by 1995, 1024; A 1995, 2482; 1997, 140;2003, 526, 1463, 2100)

NRS 176.0613 Additionaladministrative assessment for misdemeanor: Authorization; collection;distribution; limitations on use.

1. The justices or judges of the Justice or municipalCourts shall impose, in addition to an administrative assessment imposedpursuant to NRS 176.059 and 176.0611, an administrative assessment forthe provision of specialty court programs.

2. Except as otherwise provided in subsection 3, whena defendant pleads guilty or is found guilty of a misdemeanor, including theviolation of any municipal ordinance, the justice or judge shall include in thesentence the sum of $7 as an administrative assessment for the provision ofspecialty court programs and render a judgment against the defendant for theassessment. If a defendant is sentenced to perform community service in lieu ofa fine, the sentence must include the administrative assessment requiredpursuant to this subsection.

3. The provisions of subsection 2 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance which is specifically designated asimposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrativeassessment for the provision of specialty court programs must not be deductedfrom the fine imposed by the justice or judge but must be taxed against thedefendant in addition to the fine. The money collected for such anadministrative assessment must be stated separately on the courts docket andmust be included in the amount posted for bail. If bail is forfeited, theadministrative assessment included in the bail pursuant to this subsection mustbe disbursed pursuant to subsection 6 or 7. If the defendant is found notguilty or the charges are dismissed, the money deposited with the court must bereturned to the defendant. If the justice or judge cancels a fine because thefine has been determined to be uncollectible, any balance of the fine and theadministrative assessment remaining unpaid shall be deemed to be uncollectibleand the defendant is not required to pay it. If a fine is determined to beuncollectible, the defendant is not entitled to a refund of the fine oradministrative assessment he has paid and the justice or judge shall notrecalculate the administrative assessment.

5. If the justice or judge permits the fine andadministrative assessment for the provision of specialty court programs to bepaid in installments, the payments must be applied in the following order:

(a) To pay the unpaid balance of an administrative assessmentimposed pursuant to NRS 176.059;

(b) To pay the unpaid balance of an administrativeassessment for the provision of court facilities pursuant to NRS 176.0611;

(c) To pay the unpaid balance of an administrativeassessment for the provision of specialty court programs; and

(d) To pay the fine.

6. The money collected for an administrativeassessment for the provision of specialty court programs in municipal courtmust be paid by the clerk of the court to the city treasurer on or before thefifth day of each month for the preceding month. On or before the 15th day ofthat month, the city treasurer shall deposit the money received for eachadministrative assessment with the State Controller for credit to a specialaccount in the State General Fund administered by the Office of Court Administrator.

7. The money collected for an administrativeassessment for the provision of specialty court programs in Justice Courts mustbe paid by the clerk of the court to the county treasurer on or before thefifth day of each month for the preceding month. On or before the 15th day ofthat month, the county treasurer shall deposit the money received for eachadministrative assessment with the State Controller for credit to a specialaccount in the State General Fund administered by the Office of Court Administrator.

8. The Office of Court Administrator shall allocatethe money credited to the State General Fund pursuant to subsections 6 and 7 tocourts to assist with the funding or establishment of specialty court programs.

9. Money that is apportioned to a court fromadministrative assessments for the provision of specialty court programs mustbe used by the court to:

(a) Pay for the treatment and testing of persons whoparticipate in the program; and

(b) Improve the operations of the specialty courtprogram by any combination of:

(1) Acquiring necessary capital goods;

(2) Providing for personnel to staff and overseethe specialty court program;

(3) Providing training and education topersonnel;

(4) Studying the management and operation of theprogram;

(5) Conducting audits of the program;

(6) Supplementing the funds used to pay forjudges to oversee a specialty court program; or

(7) Acquiring or using appropriate technology.

10. As used in this section:

(a) Office of Court Administrator means the Office ofCourt Administrator created pursuant to NRS1.320; and

(b) Specialty court program means a programestablished by a court to facilitate testing, treatment and oversight of certainpersons over whom the court has jurisdiction and who the court has determinedsuffer from a mental illness or abuses alcohol or drugs. Such a programincludes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

(Added to NRS by 2003, 2096)

NRS 176.062 Administrativeassessment for felony or gross misdemeanor: Collection; distribution;limitations on use.

1. When a defendant pleads guilty or is found guiltyof a felony or gross misdemeanor, the judge shall include in the sentence thesum of $25 as an administrative assessment and render a judgment against thedefendant for the assessment.

2. The money collected for an administrativeassessment:

(a) Must not be deducted from any fine imposed by thejudge;

(b) Must be taxed against the defendant in addition tothe fine; and

(c) Must be stated separately on the courts docket.

3. The money collected for administrative assessmentsin district courts must be paid by the clerk of the court to the countytreasurer on or before the fifth day of each month for the preceding month. Thecounty treasurer shall distribute, on or before the 15th day of that month, themoney received in the following amounts for each assessment received:

(a) Five dollars for credit to a special account in thecounty general fund for the use of the district court.

(b) The remainder of each assessment to the StateController.

4. The State Controller shall credit the moneyreceived pursuant to subsection 3 to a special account for the assistance ofcriminal justice in the State General Fund, and distribute the money from theaccount to the Attorney General as authorized by the Legislature. Any amountreceived in excess of the amount authorized by the Legislature for distributionmust remain in the account.

(Added to NRS by 1987, 846; A 1991, 1153; 1995, 2455;2001, 2921; 2003, 1465)

NRS 176.064 Collectionfee for unpaid administrative assessment, fine, fee or restitution; use ofcollection agency; report to credit agencies; attachment or garnishment;suspension of drivers license; imprisonment.

1. If a fine, administrative assessment, fee orrestitution is imposed upon a defendant pursuant to this chapter, whether ornot the fine, administrative assessment, fee or restitution is in addition toany other punishment, and the fine, administrative assessment, fee orrestitution or any part of it remains unpaid after the time established by thecourt for its payment, the defendant is liable for a collection fee, to beimposed by the court at the time it finds that the fine, administrativeassessment, fee or restitution is delinquent, of:

(a) Not more than $100, if the amount of thedelinquency is less than $2,000.

(b) Not more than $500, if the amount of thedelinquency is $2,000 or greater, but is less than $5,000.

(c) Ten percent of the amount of the delinquency, ifthe amount of the delinquency is $5,000 or greater.

2. A state or local entity that is responsible forcollecting a delinquent fine, administrative assessment, fee or restitutionmay, in addition to attempting to collect the fine, administrative assessment,fee or restitution through any other lawful means, take any or all of thefollowing actions:

(a) Report the delinquency to reporting agencies thatassemble or evaluate information concerning credit.

(b) Request that the court take appropriate actionpursuant to subsection 3.

(c) Contract with a collection agency licensed pursuantto NRS 649.075 to collect the delinquentamount and the collection fee. The collection agency must be paid ascompensation for its services an amount not greater than the amount of thecollection fee imposed pursuant to subsection 1, in accordance with theprovisions of the contract.

3. The court may, on its own motion or at the requestof a state or local entity that is responsible for collecting the delinquentfine, administrative assessment, fee or restitution, take any or all of thefollowing actions, in the following order of priority if practicable:

(a) Request that a prosecuting attorney undertakecollection of the delinquency, including, without limitation, the originalamount and the collection fee, by attachment or garnishment of the defendantsproperty, wages or other money receivable.

(b) Order the suspension of the drivers license of thedefendant. If the defendant does not possess a drivers license, the court mayprohibit the defendant from applying for a drivers license for a specifiedperiod. If the defendant is already the subject of a court order suspending ordelaying the issuance of his drivers license, the court may order theadditional suspension or delay, as appropriate, to apply consecutively with theprevious order. At the time the court issues an order suspending the driverslicense of a defendant pursuant to this paragraph, the court shall require thedefendant to surrender to the court all drivers licenses then held by thedefendant. The court shall, within 5 days after issuing the order, forward tothe Department of Motor Vehicles the licenses, together with a copy of theorder. At the time the court issues an order pursuant to this paragraphdelaying the ability of a defendant to apply for a drivers license, the courtshall, within 5 days after issuing the order, forward to the Department ofMotor Vehicles a copy of the order. The Department of Motor Vehicles shallreport a suspension pursuant to this paragraph to an insurance company or itsagent inquiring about the defendants driving record, but such a suspensionmust not be considered for the purpose of rating or underwriting.

(c) For a delinquent fine or administrative assessment,order the confinement of the person in the appropriate prison, jail ordetention facility, as provided in NRS176.065 and 176.075.

4. Money collected from a collection fee imposedpursuant to subsection 1 must be distributed in the following manner:

(a) Except as otherwise provided in paragraph (d), ifthe money is collected by or on behalf of a municipal court, the money must bedeposited in a special fund in the appropriate city treasury. The city may usethe money in the fund only to develop and implement a program for thecollection of fines, administrative assessments, fees and restitution.

(b) Except as otherwise provided in paragraph (d), ifthe money is collected by or on behalf of a Justice Court or district court,the money must be deposited in a special fund in the appropriate countytreasury. The county may use the money in the special fund only to develop andimplement a program for the collection of fines, administrative assessments,fees and restitution.

(c) Except as otherwise provided in paragraph (d), ifthe money is collected by a state entity, the money must be deposited in anaccount, which is hereby created in the State Treasury. The Court Administratormay use the money in the account only to develop and implement a program forthe collection of fines, administrative assessments, fees and restitution inthis State.

(d) If the money is collected by a collection agency,after the collection agency has been paid its fee pursuant to the terms of thecontract, any remaining money must be deposited in the state, city or countytreasury, whichever is appropriate, to be used only for the purposes set forthin paragraph (a), (b) or (c) of this subsection.

(Added to NRS by 1997, 899; A 1999, 425; 2001, 2569)

NRS 176.065 Rateof additional imprisonment in default of administrative assessment, fine orforfeiture.

1. Except as otherwise provided in subsection 2, whena person is sentenced to both fine and imprisonment, or to pay a forfeiture inaddition to imprisonment, the court may, pursuant to NRS 176.064, order that the person beconfined in the state prison, the city or county jail or a detention facility,whichever is designated in his sentence of imprisonment, for an additionalperiod of 1 day for each $75 of the amount until the administrative assessmentand the fine or forfeiture are satisfied or the maximum term of imprisonmentprescribed by law for the offense committed has elapsed, whichever is earlier,but his eligibility for parole is governed only by his sentence ofimprisonment.

2. The provisions of this section do not apply toindigent persons.

(Added to NRS by 1967, 1433; A 1973, 32; 1983, 434,908; 1989, 1178; 1997, 901)

NRS 176.075 Rateof imprisonment in default of administrative assessment, fine or forfeiture.

1. Except as otherwise provided in subsection 2, whena person is sentenced to pay a fine or forfeiture without an accompanyingsentence of imprisonment, the court may, pursuant to NRS 176.064, order that the person beconfined in the city or county jail or detention facility for a period of notmore than 1 day for each $75 of the amount until the administrative assessmentand the fine or forfeiture are satisfied.

2. The provisions of this section do not apply toindigent persons.

(Added to NRS by 1967, 1433; A 1983, 434, 908; 1989,1178; 1997, 901)

NRS 176.085 Reductionof excessive fine or administrative assessment; payment in installments. Whenever, after a fine and administrative assessment havebeen imposed but before they have been discharged by payment or confinement, itis made to appear to the judge or justice imposing the fine or administrativeassessment or his successor:

1. That the fine or administrative assessment isexcessive in relation to the financial resources of the defendant, the judge orjustice or his successor may reduce the fine accordingly.

2. That the discharge of the fine or administrativeassessment is not within the defendants present financial ability to pay, thejudge or justice or his successor may direct that the fine be paid ininstallments.

(Added to NRS by 1967, 1433; A 1973, 388; 1983, 908)

NRS 176.087 Impositionof community service as punishment or condition of probation.

1. Except where the imposition of a specific criminalpenalty is mandatory, a court may order a convicted person to performsupervised community service:

(a) In lieu of all or a part of any fine orimprisonment that may be imposed for the commission of a misdemeanor; or

(b) As a condition of probation granted for anotheroffense.

2. The community service must be performed for andunder the supervising authority of a county, city, town or other politicalsubdivision or agency of the State of Nevada or a charitable organization thatrenders service to the community or its residents.

3. The court may require the convicted person todeposit with the court a reasonable sum of money to pay for the cost ofpolicies of insurance against liability for personal injury and damage toproperty or for industrial insurance, or both, during those periods in which heperforms the community service, unless, in the case of industrial insurance, itis provided by the authority for which he performs the community service.

4. The following conditions apply to any suchcommunity service imposed by the court:

(a) The court must fix the period of community servicethat is imposed as punishment or a condition of probation and distribute theperiod over weekends or over other appropriate times that will allow theconvicted person to continue at his employment and to care for his family. Theperiod of community service fixed by the court must not exceed, for a:

(1) Misdemeanor, 200 hours;

(2) Gross misdemeanor, 600 hours; or

(3) Felony, 1,000 hours.

(b) A supervising authority listed in subsection 2 mustagree to accept the convicted person for community service before the court mayrequire him to perform community service for that supervising authority. Thesupervising authority must be located in or be the town or city of theconvicted persons residence or, if that placement is not possible, one locatedwithin the jurisdiction of the court or, if that placement is not possible, theauthority may be located outside the jurisdiction of the court.

(c) Community service that a court requires pursuant tothis section must be supervised by an official of the supervising authority orby a person designated by the authority.

(d) The court may require the supervising authority toreport periodically to the court or to a probation officer the convictedpersons performance in carrying out the punishment or condition of probation.

(Added to NRS by 1981, 486; A 1991, 1930; 1997, 33; 2001 Special Session,133)

Genetic Marker Testing

NRS 176.0911 CODISdefined. As used in NRS 176.0911 to 176.0917, inclusive, unless the contextotherwise requires, CODIS means the Combined DNA Indexing System operated bythe Federal Bureau of Investigation.

(Added to NRS by 1997, 1668; A 2001, 3032)

NRS 176.0913 Biologicalspecimen to be obtained from certain defendants; identifying informationsubmitted to Central Repository; costs.

1. If a defendant is convicted of an offense listed insubsection 4, the court, at sentencing, shall order that:

(a) The name, social security number, date of birth andany other information identifying the defendant be submitted to the CentralRepository for Nevada Records of Criminal History; and

(b) A biological specimen be obtained from thedefendant pursuant to the provisions of this section and that the specimen beused for an analysis to determine the genetic markers of the specimen.

2. If the defendant is committed to the custody of theDepartment of Corrections, the Department of Corrections shall arrange for thebiological specimen to be obtained from the defendant. The Department ofCorrections shall provide the specimen to the forensic laboratory that has beendesignated by the county in which the defendant was convicted to conduct oroversee genetic marker testing for the county pursuant to NRS 176.0917.

3. If the defendant is not committed to the custody ofthe Department of Corrections, the Division shall arrange for the biologicalspecimen to be obtained from the defendant. The Division shall provide thespecimen to the forensic laboratory that has been designated by the county inwhich the defendant was convicted to conduct or oversee genetic marker testingfor the county pursuant to NRS 176.0917.Any cost that is incurred to obtain a biological specimen from a defendantpursuant to this subsection is a charge against the county in which thedefendant was convicted and must be paid as provided in NRS 176.0915.

4. Except as otherwise provided in subsection 5, theprovisions of subsection 1 apply to a defendant who is convicted of:

(a) A category A felony;

(b) A category B felony;

(c) A category C felony involving the use or threateneduse of force or violence against the victim;

(d) A crime against a child as defined in NRS 179D.210;

(e) A sexual offense as defined in NRS 179D.410;

(f) Abuse or neglect of an older person or a vulnerableperson pursuant to NRS 200.5099;

(g) A second or subsequent offense for stalkingpursuant to NRS 200.575;

(h) An attempt or conspiracy to commit an offenselisted in paragraphs (a) to (g), inclusive;

(i) Failing to register with a local law enforcementagency as a convicted person as required pursuant to NRS 179C.100, if the defendant previouslywas:

(1) Convicted in this State of committing anoffense listed in paragraph (a), (b), (c), (f), (g) or (h); or

(2) Convicted in another jurisdiction ofcommitting an offense that would constitute an offense listed in paragraph (a),(b), (c), (f), (g) or (h) if committed in this State;

(j) Failing to register with a local law enforcementagency after being convicted of a crime against a child as required pursuant toNRS 179D.240; or

(k) Failing to register with a local law enforcementagency after being convicted of a sexual offense as required pursuant to NRS 179D.450.

5. A court shall not order a biological specimen to beobtained from a defendant who has previously submitted such a specimen forconviction of a prior offense unless the court determines that an additionalsample is necessary.

(Added to NRS by 1989, 376; A 1995, 414; 1997, 1669; 2001, 1852, 3032, 3037; 2001 Special Session,215; 2003, 289,2684; 2005, 1115)

NRS 176.0915 Feefor obtaining biological specimen and for testing; inclusion in sentence;creation of county fund; use of money in fund.

1. If the court orders that a biological specimen beobtained from a defendant pursuant to NRS176.0913, the court, in addition to any other penalty, shall order thedefendant, to the extent of his financial ability, to pay the sum of $150 as afee for obtaining the specimen and for conducting the analysis to determine thegenetic markers of the specimen. The fee:

(a) Must be stated separately in the judgment of thecourt or on the docket of the court;

(b) Must be collected from the defendant before or atthe same time that any fine imposed by the court is collected from thedefendant; and

(c) Must not be deducted from any fine imposed by thecourt.

2. All money that is collected pursuant to subsection1 must be paid by the clerk of the court to the county treasurer on or beforethe fifth day of each month for the preceding month.

3. The board of county commissioners of each countyshall by ordinance create in the county treasury a fund to be designated as thefund for genetic marker testing. The county treasurer shall deposit money thatis collected pursuant to subsection 2 in the fund for genetic marker testing.The money must be accounted for separately within the fund.

4. Each month, the county treasurer shall use themoney deposited in the fund for genetic marker testing to pay for the actualamount charged to the county for obtaining a biological specimen from adefendant pursuant to NRS 176.0913.

5. If money remains in the fund after the countytreasurer makes the payments required by subsection 4, the county treasurershall pay the remaining money each month to the forensic laboratory that isdesignated by the county pursuant to NRS176.0917 to conduct or oversee genetic marker testing for the county. Aforensic laboratory that receives money pursuant to this subsection shall usethe money to:

(a) Maintain and purchase equipment and suppliesrelating to genetic marker testing, including, but not limited to, equipmentand supplies required by the Federal Bureau of Investigation for participationin CODIS; and

(b) Pay for the training and continuing education,including, but not limited to, the reasonable travel expenses, of employees ofthe forensic laboratory who conduct or oversee genetic marker testing.

(Added to NRS by 1997, 1668; A 2001, 3033)

NRS 176.0916 Biologicalspecimen to be obtained from certain probationers and parolees; fee forobtaining biological specimen and for testing; identifying informationsubmitted to Central Repository; creation of state Fund; use of money in Fund.

1. If the Division is supervising a probationer orparolee pursuant to an interstate compact and the probationer or parolee is orhas been convicted in another jurisdiction of violating a law that prohibitsthe same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the Division shall arrangefor a biological specimen to be obtained from the probationer or parolee.

2. After a biological specimen is obtained from aprobationer or parolee pursuant to this section, the Division shall:

(a) Provide the biological specimen to the forensiclaboratory that has been designated by the county in which the probationer orparolee is residing to conduct or oversee genetic marker testing for the countypursuant to NRS 176.0917; and

(b) Submit the name, social security number, date ofbirth and any other information identifying the probationer or parolee to theCentral Repository for Nevada Records of Criminal History.

3. A probationer or parolee, to the extent of hisfinancial ability, shall pay the sum of $150 to the Division as a fee forobtaining the biological specimen and for conducting the analysis to determinethe genetic markers of the biological specimen. Except as otherwise provided insubsection 4, the fee required pursuant to this subsection must be collectedfrom a probationer or parolee at the time the biological specimen is obtainedfrom the probationer or parolee.

4. A probationer or parolee may arrange to makemonthly payments of the fee required pursuant to subsection 3. If sucharrangements are made, the Division shall provide a probationer or parolee witha monthly statement that specifies the date on which the next payment is due.

5. Any unpaid balance for a fee required pursuant tosubsection 3 is a charge against the Division.

6. The Division shall deposit money that is collectedpursuant to this section in the Fund for Genetic Marker Testing, which is herebycreated in the State General Fund. The money deposited in the Fund for GeneticMarker Testing must be used to pay for the actual amount charged to theDivision for obtaining biological specimens from probationers and parolees, andfor conducting an analysis to determine the genetic markers of the specimens.

(Added to NRS by 2001, 3032)

NRS 176.0917 Countyto designate forensic laboratory to conduct or oversee testing; criteria.

1. The board of county commissioners of each countyshall designate a forensic laboratory to conduct or oversee for the county anygenetic marker testing that is ordered or arranged pursuant to NRS 176.0913 or 176.0916.

2. The forensic laboratory designated by the board ofcounty commissioners pursuant to subsection 1:

(a) Must be operated by this State or one of itspolitical subdivisions; and

(b) Must satisfy or exceed the standards for qualityassurance that are established by the Federal Bureau of Investigation forparticipation in CODIS.

(Added to NRS by 1997, 1668; A 2001, 3034)

NRS 176.0918 Petitionrequesting genetic marker testing of evidence by person sentenced to death:Authorized; procedure; when granted; remedy not exclusive.

1. A person convicted of a crime and under sentence ofdeath who meets the requirements of this section may file a postconvictionpetition requesting a genetic marker analysis of evidence within the possessionor custody of the State which may contain genetic marker information relatingto the investigation or prosecution that resulted in the judgment of convictionand sentence of death. The petition must include, without limitation, the datescheduled for the execution, if it has been scheduled.

2. Such a petition must be filed with the clerk of thedistrict court for the county in which the petitioner was convicted on a formprescribed by the Department of Corrections. A copy of the petition must beserved by registered mail upon:

(a) The Attorney General; and

(b) The district attorney in the county in which thepetitioner was convicted.

3. If a petition is filed pursuant to this section,the court shall determine which person or agency has possession or custody ofthe evidence and shall immediately issue an order requiring, during thependency of the proceeding, each person or agency in possession or custody ofthe evidence to:

(a) Preserve all evidence within the possession orcustody of the person or agency that may be subjected to genetic markeranalysis pursuant to this section;

(b) Within 30 days, prepare an inventory of allevidence within the possession or custody of the person or agency that may besubjected to genetic marker analysis pursuant to this section; and

(c) Within 30 days, submit a copy of the inventory tothe petitioner, the prosecuting attorney and the court.

4. Within 30 days after the inventory of all evidenceis prepared pursuant to subsection 3, the prosecuting attorney may file awritten response to the petition with the court.

5. The court shall hold a hearing on a petition filedpursuant to this section.

6. The court shall order a genetic marker analysis ifthe court finds that:

(a) A reasonable possibility exists that the petitionerwould not have been prosecuted or convicted if exculpatory results had beenobtained through a genetic marker analysis of the evidence identified in thepetition;

(b) The evidence to be analyzed exists; and

(c) The evidence was not previously subjected to:

(1) A genetic marker analysis involving thepetitioner; or

(2) The method of analysis requested in thepetition, and the method of additional analysis may resolve an issue notresolved by a previous analysis.

7. If the court orders a genetic marker analysispursuant to subsection 6, the court shall:

(a) Order the analysis to be conducted promptly underreasonable conditions designed to protect the interest of the State in theintegrity of the evidence and the analysis process.

(b) Select a forensic laboratory to conduct or overseethe analysis. The forensic laboratory selected by the court must:

(1) Be operated by this state or one of itspolitical subdivisions, when possible; and

(2) Satisfy the standards for quality assurancethat are established for forensic laboratories by the Federal Bureau ofInvestigation.

(c) Order the forensic laboratory selected pursuant toparagraph (b) to perform a genetic marker analysis of evidence. The analysis tobe performed and evidence to be analyzed must:

(1) Be specified in the order; and

(2) Include such analysis, testing andcomparison of genetic marker information contained in the evidence and thegenetic marker information of the petitioner as the court determinesappropriate under the circumstances.

(d) Order the production of any reports that areprepared by a forensic laboratory in connection with the analysis and any dataand notes upon which the report is based.

(e) Order the preservation of evidence used in agenetic marker analysis performed pursuant to this section for purposes of asubsequent proceeding or analysis, if any.

8. If the results of a genetic marker analysisperformed pursuant to this section are favorable to the petitioner:

(a) The petitioner may bring a motion for a new trialbased on the ground of newly discovered evidence pursuant to NRS 176.515; and

(b) The restriction on the time for filing the motionset forth in subsection 3 of NRS 176.515is not applicable.

9. The court shall dismiss a petition filed pursuantto this section if:

(a) The requirements for ordering a genetic markeranalysis pursuant to this section are not satisfied; or

(b) The results of a genetic marker analysis performedpursuant to this section are not favorable to the petitioner.

10. For the purposes of a genetic marker analysispursuant to this section, a person under sentence of death who files a petitionpursuant to this section shall be deemed to consent to the:

(a) Submission of a biological specimen by him todetermine his genetic marker information; and

(b) Release and use of genetic marker informationconcerning the petitioner.

11. The expense of an analysis ordered pursuant to thissection is a charge against the Department of Corrections and must be paid uponapproval by the Board of State Prison Commissioners as other claims against theState are paid.

12. The remedy provided by this section is in additionto, is not a substitute for and is not exclusive of any other remedy, right ofaction or proceeding available to a person convicted of a crime and undersentence of death.

(Added to NRS by 2003, 1892)

NRS 176.0919 Executionstayed pending results of genetic marker analysis.

1. After a judge grants a petition requesting agenetic marker analysis pursuant to NRS176.0918, if a judge determines that the genetic marker analysis cannot becompleted before the date of the execution of the petitioner, the judge shallstay the execution of the judgment of death pending the results of theanalysis.

2. If the results of an analysis ordered and conductedpursuant to NRS 176.0918 are notfavorable to the petitioner:

(a) Except as otherwise provided in paragraph (b), theDirector of the Department of Corrections shall, in due course, execute thejudgment of death.

(b) If the judgment of death has been stayed pursuantto subsection 1, the judge shall cause a certified copy of his order stayingthe execution of the judgment and a certified copy of the report of geneticmarker analysis that indicates results which are not favorable to thepetitioner to be immediately forwarded by the clerk of the court to thedistrict attorney. Upon receipt, the district attorney shall pursue theissuance of a new warrant of execution of the judgment of death in the mannerprovided in NRS 176.495.

(Added to NRS by 2003, 1894)

Sex Offenders and Offenders Convicted of a Crime Against aChild

NRS 176.0921 Definitions. As used in NRS176.0921 to 176.0927, inclusive,unless the context otherwise requires, the words and terms defined in NRS 176.0922 to 176.0925, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 1666)

NRS 176.0922 CentralRepository defined. Central Repositorymeans the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 1997, 1666)

NRS 176.0923 Crimeagainst a child defined. Crime against achild has the meaning ascribed to it in NRS179D.210.

(Added to NRS by 1997, 1666)

NRS 176.0924 Recordof registration defined. Record ofregistration has the meaning ascribed to it in NRS 179D.070.

(Added to NRS by 1997, 1666)

NRS 176.0925 Sexualoffense defined. Sexual offense has themeaning ascribed to it in NRS 179D.410.

(Added to NRS by 1997, 1666)

NRS 176.0926 Crimeagainst child: Notice of conviction to Central Repository; defendant informedof duty to register; effect of failure to inform. [Effective through June 30,2006.]

1. If a defendant is convicted of a crime against achild, the court shall, before imposing sentence:

(a) Notify the Central Repository of the conviction ofthe defendant, so the Central Repository may carry out the provisions forregistration of the defendant pursuant to NRS179D.230.

(b) Inform the defendant of the requirements forregistration, including, but not limited to:

(1) The duty to register in this State duringany period in which he is a resident of this State or a nonresident who is astudent or worker within this State and the time within which he is required toregister pursuant to NRS 179D.240;

(2) The duty to register in any other jurisdictionduring any period in which he is a resident of the other jurisdiction or anonresident who is a student or worker within the other jurisdiction;

(3) If he moves from this State to anotherjurisdiction, the duty to register with the appropriate law enforcement agencyin the other jurisdiction;

(4) The duty to notify the local law enforcementagency in whose jurisdiction he formerly resided, in person or in writing, ifhe changes the address at which he resides, including if he moves from thisState to another jurisdiction, or changes the primary address at which he is astudent or worker; and

(5) The duty to notify immediately theappropriate local law enforcement agency if the defendant is, expects to be orbecomes enrolled as a student at an institution of higher education or changesthe date of commencement or termination of his enrollment at an institution ofhigher education or if the defendant is, expects to be or becomes a worker atan institution of higher education or changes the date of commencement ortermination of his work at an institution of higher education.

(c) Require the defendant to read and sign a formconfirming that the requirements for registration have been explained to him.

2. The failure to provide the defendant with theinformation or confirmation form required by paragraphs (b) and (c) ofsubsection 1 does not affect the duty of the defendant to register and tocomply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.

(Added to NRS by 1997, 1666; A 1999, 1284; 2001, 2050; 2003, 564)

NRS 176.0926 Crime against child: Notice ofconviction to Central Repository; defendant informed of duty to register;effect of failure to inform. [Effective July 1, 2006.]

1. If a defendant is convicted of a crime against achild, the court shall, following the imposition of a sentence:

(a) Notify the Central Repository of the conviction ofthe defendant, so the Central Repository may carry out the provisions forregistration of the defendant pursuant to NRS179D.230.

(b) Inform the defendant of the requirements forregistration, including, but not limited to:

(1) The duty to register in this State duringany period in which he is a resident of this State or a nonresident who is astudent or worker within this State and the time within which he is required toregister pursuant to NRS 179D.240;

(2) The duty to register in any otherjurisdiction during any period in which he is a resident of the otherjurisdiction or a nonresident who is a student or worker within the otherjurisdiction;

(3) If he moves from this State to anotherjurisdiction, the duty to register with the appropriate law enforcement agencyin the other jurisdiction;

(4) The duty to notify the local law enforcementagency in whose jurisdiction he formerly resided, in person or in writing, ifhe changes the address at which he resides, including if he moves from thisState to another jurisdiction, or changes the primary address at which he is astudent or worker; and

(5) The duty to notify immediately theappropriate local law enforcement agency if the defendant is, expects to be orbecomes enrolled as a student at an institution of higher education or changesthe date of commencement or termination of his enrollment at an institution ofhigher education or if the defendant is, expects to be or becomes a worker atan institution of higher education or changes the date of commencement ortermination of his work at an institution of higher education.

(c) Require the defendant to read and sign a formconfirming that the requirements for registration have been explained to him.

2. The failure to provide the defendant with theinformation or confirmation form required by paragraphs (b) and (c) ofsubsection 1 does not affect the duty of the defendant to register and tocomply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.

(Added to NRS by 1997, 1666; A 1999, 1284; 2001, 2050; 2003, 564; 2005, 2860,effective July 1, 2006)

NRS 176.0927 Sexualoffense: Notice of conviction to Central Repository; defendant informed of dutyto register; effect of failure to inform. [Effective through June 30, 2006.]

1. If a defendant is convicted of a sexual offense,the court shall, before imposing sentence:

(a) Notify the Central Repository of the conviction ofthe defendant, so the Central Repository may carry out the provisions forregistration of the defendant pursuant to NRS179D.450.

(b) Inform the defendant of the requirements forregistration, including, but not limited to:

(1) The duty to register in this State duringany period in which he is a resident of this State or a nonresident who is astudent or worker within this State and the time within which he is required toregister pursuant to NRS 179D.460;

(2) The duty to register in any otherjurisdiction during any period in which he is a resident of the otherjurisdiction or a nonresident who is a student or worker within the otherjurisdiction;

(3) If he moves from this State to anotherjurisdiction, the duty to register with the appropriate law enforcement agencyin the other jurisdiction;

(4) The duty to notify the local law enforcementagency in whose jurisdiction he formerly resided, in person or in writing, ifhe changes the address at which he resides, including if he moves from thisState to another jurisdiction, or changes the primary address at which he is astudent or worker; and

(5) The duty to notify immediately theappropriate local law enforcement agency if the defendant is, expects to be orbecomes enrolled as a student at an institution of higher education or changesthe date of commencement or termination of his enrollment at an institution ofhigher education or if the defendant is, expects to be or becomes a worker atan institution of higher education or changes the date of commencement ortermination of his work at an institution of higher education.

(c) Require the defendant to read and sign a formstating that the requirements for registration have been explained to him.

2. The failure to provide the defendant with theinformation or confirmation form required by paragraphs (b) and (c) ofsubsection 1 does not affect the duty of the defendant to register and tocomply with all other provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.

(Added to NRS by 1997, 1667; A 1999, 1285; 2001, 2051; 2003, 565)

NRS 176.0927 Sexual offense: Notice of convictionto Central Repository; defendant informed of duty to register; effect offailure to inform. [Effective July 1, 2006.]

1. If a defendant is convicted of a sexual offense,the court shall, following the imposition of a sentence:

(a) Notify the Central Repository of the conviction ofthe defendant, so the Central Repository may carry out the provisions forregistration of the defendant pursuant to NRS179D.450.

(b) Inform the defendant of the requirements forregistration, including, but not limited to:

(1) The duty to register in this State duringany period in which he is a resident of this State or a nonresident who is astudent or worker within this State and the time within which he is required toregister pursuant to NRS 179D.460;

(2) The duty to register in any otherjurisdiction during any period in which he is a resident of the otherjurisdiction or a nonresident who is a student or worker within the otherjurisdiction;

(3) If he moves from this State to anotherjurisdiction, the duty to register with the appropriate law enforcement agencyin the other jurisdiction;

(4) The duty to notify the local law enforcementagency in whose jurisdiction he formerly resided, in person or in writing, ifhe changes the address at which he resides, including if he moves from thisState to another jurisdiction, or changes the primary address at which he is astudent or worker; and

(5) The duty to notify immediately theappropriate local law enforcement agency if the defendant is, expects to be orbecomes enrolled as a student at an institution of higher education or changesthe date of commencement or termination of his enrollment at an institution ofhigher education or if the defendant is, expects to be or becomes a worker atan institution of higher education or changes the date of commencement ortermination of his work at an institution of higher education.

(c) Require the defendant to read and sign a formstating that the requirements for registration have been explained to him.

2. The failure to provide the defendant with theinformation or confirmation form required by paragraphs (b) and (c) ofsubsection 1 does not affect the duty of the defendant to register and tocomply with all other provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.

(Added to NRS by 1997, 1667; A 1999, 1285; 2001, 2051; 2003, 565; 2005, 2861,effective July 1, 2006)

Lifetime Supervision

NRS 176.0931 Specialsentence for sex offenders; petition for release from lifetime supervision.

1. If a defendant is convicted of a sexualoffense, the court shall include in sentencing, in addition to any otherpenalties provided by law, a special sentence of lifetime supervision.

2. The special sentence of lifetime supervisioncommences after any period of probation or any term of imprisonment and anyperiod of release on parole.

3. A person sentenced to lifetime supervision maypetition the sentencing court or the State Board of Parole Commissioners forrelease from lifetime supervision. The sentencing court or the Board shallgrant a petition for release from a special sentence of lifetime supervisionif:

(a) The person has complied with the requirements ofthe provisions of NRS 179D.350 to 179D.550, inclusive;

(b) The person has not been convicted of an offensethat poses a threat to the safety or well-being of others for an interval of atleast 10 consecutive years after his last conviction or release from incarceration,whichever occurs later; and

(c) The person is not likely to pose a threat to thesafety of others, as determined by a person professionally qualified to conductpsychosexual evaluations, if released from lifetime supervision.

4. A person who is released from lifetime supervisionpursuant to the provisions of subsection 3 remains subject to the provisionsfor registration as a sex offender and to the provisions for communitynotification, unless he is otherwise relieved from the operation of thoseprovisions pursuant to the provisions of NRS179D.350 to 179D.800, inclusive.

5. As used in this section:

(a) Offense that poses a threat to the safety orwell-being of others has the meaning ascribed to it in NRS 179D.060.

(b) Person professionally qualified to conductpsychosexual evaluations has the meaning ascribed to it in NRS 176.133.

(c) Sexual offense means:

(1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph(2) of paragraph (b) of subsection 1 of NRS201.195, NRS 201.230 or 201.450 or paragraph (a) or (b) ofsubsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

(2) An attempt to commit an offense listed insubparagraph (1); or

(3) An act of murder in the first or seconddegree, kidnapping in the first or second degree, false imprisonment, burglaryor invasion of the home if the act is determined to be sexually motivated at ahearing conducted pursuant to NRS 175.547.

(Added to NRS by 1995, 414; A 1997, 1671; 2001, 2789; 2003, 1381; 2005, 2862)

Miscellaneous Provisions

NRS 176.095 StateBoard of Parole Commissioners may direct release of state prisoner on parole. The State Board of Parole Commissioners may direct thatany prisoner confined in the state prison, or confined in another jurisdictionas provided in NRS 176.045, shall bereleased on parole as provided in chapter 213of NRS, if eligible for parole under the provisions of such chapter.

(Added to NRS by 1967, 1433; A 1973, 180)

NRS 176.105 Judgmentin criminal action generally.

1. If a defendant is found guilty and is sentenced asprovided by law, the judgment of conviction must set forth:

(a) The plea;

(b) The verdict or finding;

(c) The adjudication and sentence, including the dateof the sentence, any term of imprisonment, the amount and terms of any fine,restitution or administrative assessment, a reference to the statute underwhich the defendant is sentenced and, if necessary to determine eligibility forparole, the applicable provision of the statute; and

(d) The exact amount of credit granted for time spentin confinement before conviction, if any.

2. If the defendant is found not guilty, or for anyother reason is entitled to be discharged, judgment must be enteredaccordingly.

3. The judgment must be signed by the judge andentered by the clerk.

(Added to NRS by 1967, 1433; A 1973, 161; 1979, 1124;1989, 938; 1993, 78; 1997, 905)

NRS 176.115 Judgmentagainst complainant for malicious prosecution when defendant not found guilty;costs; enforcement of judgment.

1. In all cases of criminal prosecution where thedefendant is not found guilty, the court may require the complainant, if itappears that the prosecution was malicious or without probable cause, to paythe costs of the action, or to give security to pay the same within 30 days.

2. If the complainant does not comply with the orderof the court, judgment may be entered against him for the amount thereof.

3. Such judgments may be enforced and appealed from inthe same manner as those rendered in civil actions.

(Added to NRS by 1967, 1433)

NRS 176.125 Entryof judgment of conviction; what papers constitute record of action. When judgment upon a conviction is rendered, the clerkshall, within 5 days, annex together and file the following papers, which shallconstitute the record of the action:

1. A copy of the minutes of any challenge which mayhave been interposed by the defendant to the panel of the grand jury, or to anyindividual grand juror, and the proceedings thereon.

2. The indictment or information and a copy of theminutes of the plea.

3. A copy of the minutes of any challenge which mayhave been interposed to any juror, and the proceedings thereon.

4. A copy of the minutes of the trial.

5. A copy of the judgment.

6. The decision of the court upon matters of lawdeemed excepted to, if such decision is in writing, and a copy of the minutesshowing any decision deemed excepted to.

7. Any written charges given or refused by the court,with the endorsements thereon.

8. The affidavits and counter-affidavits, if any, usedon the hearing of a motion for a new trial.

(Added to NRS by 1967, 1433)

INVESTIGATION BY DIVISION OF PAROLE AND PROBATION

NRS 176.133 Definitions. As used in NRS 176.133to 176.159, inclusive, unless thecontext otherwise requires:

1. Person professionally qualified to conductpsychosexual evaluations means a person who has received training inconducting psychosexual evaluations and is:

(a) A psychiatrist licensed to practice medicine inthis State and certified by the American Board of Psychiatry and Neurology,Inc.;

(b) A psychologist licensed to practice in this State;

(c) A social worker holding a masters degree in socialwork and licensed in this State as a clinical social worker;

(d) A registered nurse holding a masters degree in thefield of psychiatric nursing and licensed to practice professional nursing inthis State; or

(e) A marriage and family therapist licensed in thisState pursuant to chapter 641A of NRS.

2. Psychosexual evaluation means an evaluationconducted pursuant to NRS 176.139.

3. Sexual offense means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

(c) Battery with intent to commit sexual assaultpursuant to NRS 200.400;

(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexualabuse or sexual exploitation and is punished as a felony;

(e) An offense involving pornography and a minorpursuant to NRS 200.710 to 200.730, inclusive;

(f) Incest pursuant to NRS 201.180;

(g) Solicitation of a minor to engage in actsconstituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;

(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

(j) Lewdness with a child pursuant to NRS 201.230;

(k) Sexual penetration of a dead human body pursuant toNRS 201.450;

(l) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony;

(m) An attempt to commit an offense listed inparagraphs (a) to (l), inclusive, if punished as a felony; or

(n) An offense that is determined to be sexuallymotivated pursuant to NRS 175.547 or 207.193.

(Added to NRS by 1997, 1637; A 1999, 1188; 2001, 2790; 2003, 1381)

NRS 176.135 Presentenceinvestigation and report: When required; time for completing.

1. Except as otherwise provided in this section and NRS 176.151, the Division shall make apresentence investigation and report to the court on each defendant who pleadsguilty or nolo contendere to or is found guilty of a felony.

2. If a defendant is convicted of a felony that is asexual offense, the presentence investigation and report:

(a) Must be made before the imposition of sentence orthe granting of probation; and

(b) If the sexual offense is an offense for which thesuspension of sentence or the granting of probation is permitted, must includea psychosexual evaluation of the defendant.

3. If a defendant is convicted of a felony other thana sexual offense, the presentence investigation and report must be made beforethe imposition of sentence or the granting of probation unless:

(a) A sentence is fixed by a jury; or

(b) Such an investigation and report on the defendanthas been made by the Division within the 5 years immediately preceding the dateinitially set for sentencing on the most recent offense.

4. Upon request of the court, the Division shall makepresentence investigations and reports on defendants who plead guilty or nolocontendere to or are found guilty of gross misdemeanors.

(Added to NRS by 1967, 1434; A 1969, 406; 1981, 369,464; 1985, 148; 1987, 592; 1993, 1512; 1995, 2456; 1997, 642, 1639; 1999, 1189, 1285; 2001, 77; 2003, 1466)

NRS 176.139 Presentenceinvestigation and report: Psychosexual evaluation of certain sex offendersrequired; standards and methods for conducting evaluation; access to records;rights of confidentiality and privileges deemed waived; costs.

1. If a defendant is convicted of a sexualoffense for which the suspension of sentence or the granting of probation ispermitted, the Division shall arrange for a psychosexual evaluation of thedefendant as part of the Divisions presentence investigation and report to thecourt.

2. The psychosexual evaluation of the defendant mustbe conducted by a person professionally qualified to conduct psychosexualevaluations.

3. The person who conducts the psychosexual evaluationof the defendant must use diagnostic tools that are generally accepted as beingwithin the standard of care for the evaluation of sex offenders, and thepsychosexual evaluation of the defendant must include:

(a) A comprehensive clinical interview with thedefendant; and

(b) A review of all investigative reports relating tothe defendants sexual offense and all statements made by victims of thatoffense.

4. The psychosexual evaluation of the defendant mayinclude:

(a) A review of records relating to previous criminaloffenses committed by the defendant;

(b) A review of records relating to previousevaluations and treatment of the defendant;

(c) A review of the defendants records from school;

(d) Interviews with the defendants parents, thedefendants spouse or other persons who may be significantly involved with thedefendant or who may have relevant information relating to the defendantsbackground; and

(e) The use of psychological testing, polygraphicexaminations and arousal assessment.

5. The person who conducts the psychosexual evaluationof the defendant must be given access to all records of the defendant that arenecessary to conduct the evaluation, and the defendant shall be deemed to havewaived all rights of confidentiality and all privileges relating to thoserecords for the limited purpose of the evaluation.

6. The person who conducts the psychosexual evaluationof the defendant shall:

(a) Prepare a comprehensive written report of theresults of the evaluation;

(b) Include in the report all information that isnecessary to carry out the provisions of NRS176A.110; and

(c) Provide a copy of the report to the Division.

7. If a psychosexual evaluation is conducted pursuantto this section, the court shall:

(a) Order the defendant, to the extent of his financialability, to pay for the cost of the psychosexual evaluation; or

(b) If the defendant was less than 18 years of age whenthe sexual offense was committed and the defendant was certified and convictedas an adult, order the parents or guardians of the defendant, to the extent oftheir financial ability, to pay for the cost of the psychosexual evaluation.For the purposes of this paragraph, the court has jurisdiction over the parentsor guardians of the defendant to the extent that is necessary to carry out theprovisions of this paragraph.

(Added to NRS by 1997, 1638; A 1999, 1286; 2001, 1636)

NRS 176.145 Presentenceinvestigation and report: Contents of report.

1. The report of any presentence investigation mustcontain:

(a) Any prior criminal record of the defendant;

(b) Information concerning the characteristics of thedefendant, his financial condition, the circumstances affecting his behaviorand the circumstances of his offense that may be helpful in imposing sentence,in granting probation or in the correctional treatment of the defendant;

(c) Information concerning the effect that the offensecommitted by the defendant has had upon the victim, including, withoutlimitation, any physical or psychological harm or financial loss suffered bythe victim, to the extent that such information is available from the victim orother sources, but the provisions of this paragraph do not require anyparticular examination or testing of the victim, and the extent of anyinvestigation or examination is solely at the discretion of the court or theDivision and the extent of the information to be included in the report issolely at the discretion of the Division;

(d) Information concerning whether the defendant has anobligation for the support of a child, and if so, whether he is in arrears inpayment on that obligation;

(e) Data or information concerning reports andinvestigations thereof made pursuant to chapter432B of NRS that relate to the defendant and are made available pursuant toNRS 432B.290;

(f) The results of the evaluation of the defendantconducted pursuant to NRS 484.3796, ifsuch an evaluation is required pursuant to that section;

(g) A recommendation of a minimum term and a maximumterm of imprisonment or other term of imprisonment authorized by statute, or afine, or both;

(h) A recommendation, if the Division deems itappropriate, that the defendant undergo a program of regimental disciplinepursuant to NRS 176A.780;

(i) If a psychosexual evaluation of the defendant isrequired pursuant to NRS 176.139, awritten report of the results of the psychosexual evaluation of the defendantand all information that is necessary to carry out the provisions of NRS 176A.110; and

(j) Such other information as may be required by thecourt.

2. The Division may include in the report anyadditional information that it believes may be helpful in imposing a sentence,in granting probation or in correctional treatment.

(Added to NRS by 1967, 1434; A 1973, 178; 1981, 21,1208; 1985, 148; 1989, 1853; 1993, 8, 1513, 2016; 1995, 667, 1248; 1997, 837,1639; 1999, 1190,1287; 2001, 77, 1637)

NRS 176.151 Generalinvestigation and report on defendant convicted of category E felony: Whenrequired; time for completing; contents of report.

1. If a defendant pleads guilty or nolo contendere toor is found guilty of one or more category E felonies, but no other felonies,the Division shall not make a presentence investigation and report on thedefendant pursuant to NRS 176.135,unless the Division has not made a presentence investigation and report on thedefendant pursuant to NRS 176.135 withinthe 5 years immediately preceding the date initially set for sentencing on thecategory E felony or felonies and:

(a) The court requests a presentence investigation andreport; or

(b) The prosecuting attorney possesses evidence thatwould support a decision by the court to deny probation to the defendantpursuant to paragraph (b) of subsection 1 of NRS 176A.100.

2. If the Division does not make a presentenceinvestigation and report on a defendant pursuant to subsection 1, the Divisionshall, not later than 45 days after the date on which the defendant issentenced, make a general investigation and report on the defendant thatcontains:

(a) Any prior criminal record of the defendant;

(b) Information concerning the characteristics of thedefendant, the circumstances affecting his behavior and the circumstances ofhis offense that may be helpful to persons responsible for the supervision orcorrectional treatment of the defendant;

(c) Information concerning the effect that the offensecommitted by the defendant has had upon the victim, including, withoutlimitation, any physical or psychological harm or financial loss suffered bythe victim, to the extent that such information is available from the victim orother sources, but the provisions of this paragraph do not require anyparticular examination or testing of the victim, and the extent of anyinvestigation or examination and the extent of the information included in thereport is solely at the discretion of the Division;

(d) Data or information concerning reports andinvestigations thereof made pursuant to chapter432B of NRS that relate to the defendant and are made available pursuant toNRS 432B.290; and

(e) Any other information that the Division believesmay be helpful to persons responsible for the supervision or correctionaltreatment of the defendant.

(Added to NRS by 1999, 1188; A 2003, 1466)

NRS 176.156 Disclosureof report of presentence or general investigation; persons entitled to usereport; confidentiality of report.

1. The Division shall disclose to the prosecutingattorney, the counsel for the defendant and the defendant the factual contentof the report of:

(a) Any presentence investigation made pursuant to NRS 176.135 and the recommendations of theDivision.

(b) Any general investigation made pursuant to NRS 176.151.

The Divisionshall afford an opportunity to each party to object to factual errors in anysuch report and to comment on any recommendations.

2. Unless otherwise ordered by a court, upon request,the Division shall disclose the content of a report of a presentenceinvestigation or general investigation to a law enforcement agency of thisState or a political subdivision thereof and to a law enforcement agency of theFederal Government for the limited purpose of performing their duties,including, without limitation, conducting hearings that are public in nature.

3. Unless otherwise ordered by a court, upon request,the Division shall disclose the content of a report of a presentenceinvestigation or general investigation to the Division of Mental Health andDevelopmental Services of the Department of Health and Human Services for thelimited purpose of performing its duties, including, without limitation,evaluating and providing any report or information to the Division concerningthe mental health of:

(a) A sex offender as defined in NRS 213.107; or

(b) An offender who has been determined to be mentallyill.

4. Unless otherwise ordered by a court, upon request,the Division shall disclose the content of a report of a presentenceinvestigation or general investigation to the State Gaming Control Board forthe limited purpose of performing its duties in the administration of theprovisions of chapters 462 to 467, inclusive, of NRS.

5. Except for the disclosures required by subsections1 to 4, inclusive, a report of a presentence investigation or generalinvestigation and the sources of information for such a report are confidentialand must not be made a part of any public record.

(Added to NRS by 1967, 1434; A 1969, 405; 1975, 576;1981, 1209; 1985, 149; 1993, 1513; 1995, 1057; 1997, 54; 1999, 103, 1190)

NRS 176.159 Deliveryof report of presentence or general investigation to Director of Department ofCorrections.

1. Except as otherwise provided in subsection2, when a court imposes a sentence of imprisonment in the state prison orrevokes a program of probation and orders a sentence of imprisonment to thestate prison to be executed, the court shall cause a copy of the report of thepresentence investigation to be delivered to the Director of the Department ofCorrections, if such a report was made. The report must be delivered when thejudgment of imprisonment is delivered pursuant to NRS 176.335.

2. If a presentence investigation and report were notrequired pursuant to paragraph (b) of subsection 3 of NRS 176.135 or pursuant to subsection 1 of NRS 176.151, the court shall cause a copyof the previous report of the presentence investigation or a copy of the reportof the general investigation, as appropriate, to be delivered to the Directorof the Department of Corrections in the manner provided pursuant to subsection1.

(Added to NRS by 1969, 871; A 1973, 67; 1977, 859;1997, 130; 1999, 1191;2001, 217)

WITHDRAWAL OF PLEA

NRS 176.165 Whenplea of guilty or nolo contendere may be withdrawn. Exceptas otherwise provided in this section, a motion to withdraw a plea of guilty ornolo contendere may be made only before sentence is imposed or imposition of sentenceis suspended. To correct manifest injustice, the court after sentence may setaside the judgment of conviction and permit the defendant to withdraw his plea.

(Added to NRS by 1967, 1434; A 1989, 1983; 1995,2456; 2003, 1467)

EXECUTION

NRS 176.265 Finesto be paid into State Treasury. The fullamount of all fines imposed and collected under and for violation of any penallaw of this State shall be paid into the State Treasury.

(Added to NRS by 1967, 1437)

NRS 176.275 Judgmentfor fine, administrative assessment, payment of restitution or repayment ofexpenses is lien. A judgment which imposes afine or administrative assessment or requires a defendant to pay restitution orrepay the expenses of his defense constitutes a lien in like manner as ajudgment for money rendered in a civil action.

(Added to NRS by 1967, 1437; A 1975, 217; 1977, 337;1983, 909; 1993, 149)

NRS 176.278 Paymentof restitution from civil judgment or settlement in favor of defendant andagainst State, political subdivision, officer, employee or contractor.

1. Except as otherwise provided in subsection 4, if aperson who is or was imprisoned in the state prison or a county or city jail ordetention facility is awarded a judgment against:

(a) The State of Nevada, a county or a city;

(b) A department, commission, board or other agency ofthe State of Nevada, a county or a city; or

(c) A current or former officer, employee or contractorof the State of Nevada, a county or a city,

arising froma civil action that accrued while the person was imprisoned in the state prisonor county or city jail or detention facility, the person or governmental entitythat pays the judgment shall deposit the money for the judgment with the court.The court shall deduct from the money received from the judgment any amount ofmoney owed by the person for restitution and send the money to the appropriateperson, governmental agency or political subdivision of a governmental agencyto whom restitution is owed.

2. Except as otherwise provided in subsection 4, if aperson enters into a settlement for money in an action described in subsection1, the person or governmental entity that pays the settlement shall deposit themoney for the settlement with the court in which the action was filed or thedistrict court of the county in which the person resides if no action wasfiled. The court shall deduct from the money deposited with the court any amountof money owed by the person for restitution and send the money to theappropriate person, governmental agency or political subdivision of agovernmental agency to whom restitution is owed.

3. If any money remains after the court makes thededuction pursuant to subsection 1 or 2, the court shall forward the remainingmoney to the person who initiated the action.

4. The provisions of this section do not apply to ajudgment or settlement in a case that involves the death of a person who wasimprisoned.

(Added to NRS by 1999, 67)

NRS 176.285 Finesin Justice Court to be paid to county treasurer within 30 days. In Justice Court, when a fine is paid or bail isforfeited, the justice must pay the same to the county treasurer within 30 daysthereafter.

(Added to NRS by 1967, 1437)

NRS 176.295 Costswhen criminal action removed before trial; clerk to certify costs to auditor.

1. In every case where a criminal action may have beenor shall be removed before trial, the costs accruing upon such removal andtrial shall be a charge against the county in which the cause of the indictmentor information occurred.

2. The clerk of the county to which such action is ormay be removed shall certify the amount of the costs to the auditor of thecounty in which the indictment was found, or the information filed, which shallbe examined, allowed and paid as other county charges.

(Added to NRS by 1967, 1437)

NRS 176.305 Judgmentfor imprisonment or fine and imprisonment until satisfied: Commitment anddetention. If the judgment be imprisonment, ora fine and imprisonment until it is satisfied, the defendant must forthwith becommitted to the custody of the proper officer, and by him detained until thejudgment is complied with.

(Added to NRS by 1967, 1437)

NRS 176.315 Judgmentof imprisonment in county jail: How executed. Ajudgment of imprisonment to be served in a county jail must be executed bydelivering the defendant into the custody of the sheriff or other officer incharge of the county jail. A copy of the judgment of conviction, duly certifiedby the judge or justice, is a sufficient warrant for the doing of every actnecessary or proper in the due execution thereof. The officer shall, upondischarging the defendant, return such copy to the justice, with an account ofhis doings endorsed thereon, and must at the same time pay over to the justiceall money which he may have received from the defendant in payment of the fine.

(Added to NRS by 1967, 1437; A 1999, 1047)

NRS 176.325 Judgmentof imprisonment in state prison: How executed. Whena judgment of imprisonment to be served in the state prison has been pronounced,triplicate certified copies of the judgment of conviction, attested by theclerk under the seal of the court, must forthwith be furnished to the officerswhose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant orauthority is necessary to justify or require the execution thereof, except whena judgment of death is rendered.

(Added to NRS by 1967, 1438; A 1973, 30; 1989, 938;1993, 79; 1995, 1252; 1999,1047)

NRS 176.335 Dutyof sheriff on receiving copies of judgment of imprisonment; Director ofDepartment of Corrections to receive prisoner from sheriff; when term ofimprisonment begins.

1. If ajudgment is for imprisonment in the state prison, the sheriff of the countyshall, on receipt of the triplicate certified copies of the judgment ofconviction, immediately notify the Director of the Department of Correctionsand the Director shall, without delay, send some authorized person to thecounty where the prisoner is held for commitment to receive the prisoner.

2. When suchan authorized person presents to the sheriff holding the prisoner his order forthe delivery of the prisoner, the sheriff shall deliver to the authorizedperson two of the certified copies of the judgment of conviction and a copy ofthe report of the presentence investigation or general investigation, asappropriate, if required pursuant to NRS176.159, and take from the person a receipt for the prisoner, and thesheriff shall make return upon his certified copy of the judgment ofconviction, showing his proceedings thereunder, and both that copy with thereturn affixed thereto and the receipt from the authorized person must be filedwith the county clerk.

3. The term ofimprisonment designated in the judgment of conviction must begin on the date ofsentence of the prisoner by the court.

(Added to NRS by 1967, 1438; A 1973, 30; 1977, 859;1997, 130; 1999, 1047,1191; 2001, 77; 2001 Special Session,217; 2003, 668)

NRS 176.345 Proceedingswhen conviction carries death penalty.

1. When ajudgment of death has been pronounced, a certified copy of the judgment ofconviction must be forthwith executed and attested in triplicate by the clerkunder the seal of the court. There must be attached to the triplicate copies awarrant signed by the judge, attested by the clerk, under the seal of thecourt, which:

(a) Recites thefact of the conviction and judgment;

(b) Appoints aweek, the first day being Monday and the last day being Sunday, within whichthe judgment is to be executed, which must not be less than 60 days nor morethan 90 days from the time of judgment; and

(c) Directs thesheriff to deliver the prisoner to such authorized person as the Director ofthe Department of Corrections designates to receive the prisoner, for execution.The prison must be designated in the warrant.

2. The original of the triplicate copies of thejudgment of conviction and warrant must be filed in the office of the countyclerk, and two of the triplicate copies must be immediately delivered by theclerk to the sheriff of the county. One of the triplicate copies must bedelivered by the sheriff, with the prisoner, to such authorized person as theDirector of the Department of Corrections designates, and is the warrant andauthority of the Director for the imprisonment and execution of the prisoner,as therein provided and commanded. The Director shall return his certified copyof the judgment of conviction to the county clerk of the county in which it wasissued. The other triplicate copy is the warrant and authority of the sheriffto deliver the prisoner to the authorized person designated by the Director.The final triplicate copy must be returned to the county clerk by the sheriffwith his proceedings endorsed thereon.

(Added to NRS by 1967, 1438; A 1977, 860; 1989, 390; 1999, 1048; 2001 Special Session,218)

NRS 176.355 Executionof death penalty: Method; time and place; witnesses.

1. The judgment of death must be inflicted by aninjection of a lethal drug.

2. The Director of the Department of Correctionsshall:

(a) Execute a sentence of death within the week, thefirst day being Monday and the last day being Sunday, that the judgment is tobe executed, as designated by the district court. The Director may execute thejudgment at any time during that week if a stay of execution is not entered bya court of appropriate jurisdiction.

(b) Select the drug or combination of drugs to be usedfor the execution after consulting with the State Health Officer.

(c) Be present at the execution.

(d) Notify those members of the immediate family of thevictim who have, pursuant to NRS 176.357,requested to be informed of the time, date and place scheduled for theexecution.

(e) Invite a competent physician, the county coroner, apsychiatrist and not less than six reputable citizens over the age of 21 yearsto be present at the execution. The Director shall determine the maximum numberof persons who may be present for the execution. The Director shall givepreference to those eligible members or representatives of the immediate familyof the victim who requested, pursuant to NRS176.357, to attend the execution.

3. The execution must take place at the state prison.

4. A person who has not been invited by the Directormay not witness the execution.

(Added to NRS by 1967, 1439; A 1977, 860; 1983, 1937;1989, 390; 1995, 381; 2001 Special Session,218)

NRS 176.357 Requestfor notification of execution of death penalty; request to attend.

1. If after a conviction for murder a judgment ofdeath has been pronounced, each member of the immediate family of the victimwho is 21 years of age or older may submit a written request to the Director tobe informed of the time, date and place scheduled for the execution of thesentence of death. The request for notification may be accompanied by a writtenrequest to attend or nominate a representative to attend the execution.

2. As used in this section, immediate family meanspersons who are related by blood, adoption or marriage, within the seconddegree of consanguinity or affinity.

(Added to NRS by 1995, 381)

NRS 176.365 Directorof Department of Corrections to make return on death warrant. After the execution, the Director of the Department ofCorrections must make a return upon the death warrant to the court by which thejudgment was rendered, showing the time, place, mode and manner in which it wasexecuted.

(Added to NRS by 1967, 1439; A 1977, 860; 2001 Special Session,219)

SUSPENSION OF EXECUTION OF DEATH PENALTY

General Provisions

NRS 176.415 Whenexecution of death penalty may be stayed. Theexecution of a judgment of death must be stayed only:

1. By the State Board of Pardons Commissioners asauthorized in Sections 13 and 14 of Article 5 of the Constitution of the Stateof Nevada;

2. When a direct appeal from the judgment ofconviction and sentence is taken to the Supreme Court;

3. By a judge of the district court of the county inwhich the state prison is situated, for the purpose of an investigation ofsanity or pregnancy as provided in NRS176.425 to 176.485, inclusive;

4. By a judge of the district court in which a motionis filed pursuant to subsection 5 of NRS175.554, for the purpose of determining whether the defendant is mentallyretarded; or

5. Pursuant to the provisions of NRS 176.0919 or 176.486 to 176.492, inclusive.

(Added to NRS by 1967, 1440; A 1987, 1221; 2003, 768)

Insanity or Pregnancy

NRS 176.425 Sanityinvestigation: Filing of petition; stay of execution.

1. If, after judgment of death, there is a good reasonto believe that the defendant has become insane, the Director of the Departmentof Corrections to whom the convicted person has been delivered for executionmay by a petition in writing, verified by a physician, petition a districtjudge of the district court of the county in which the state prison issituated, alleging the present insanity of such person, whereupon such judgeshall:

(a) Fix a day for a hearing to determine whether theconvicted person is insane;

(b) Appoint two psychiatrists, two psychologists, orone psychiatrist and one psychologist, to examine the convicted person; and

(c) Give immediate notice of the hearing to theAttorney General and to the district attorney of the county in which theconviction was had.

2. If the judge determines that the hearing on and thedetermination of the sanity of the convicted person cannot be had before thedate of the execution of such person, the judge may stay the execution of thejudgment of death pending the determination of the sanity of the convictedperson.

(Added to NRS by 1967, 1440; A 1977, 861; 1991, 1002;2001 SpecialSession, 219)

NRS 176.435 Sanityinvestigation: Conduct of hearing.

1. On the day fixed, the Director of the Department ofCorrections shall bring the convicted person before the court, and the AttorneyGeneral or his deputy shall attend the hearing. The district attorney of thecounty in which the conviction was had, and an attorney for the convictedperson, may attend the hearing.

2. The court shall receive the report of the examiningphysicians and may require the production of other evidence. The AttorneyGeneral or his deputy, the district attorney, and the attorney for theconvicted person or such person if he is without counsel may introduce evidenceand cross-examine any witness, including the examining physicians.

3. The court shall then make and enter its finding ofsanity or insanity.

(Added to NRS by 1967, 1440; A 1977, 861; 2001 Special Session,219)

NRS 176.445 Executionof judgment when defendant found sane. If itis found by the court that the convicted person is sane, the Director of theDepartment of Corrections must execute the judgment of death; but if thejudgment has been stayed, as provided in NRS176.425, the judge shall cause a certified copy of his order staying theexecution of the judgment, together with a certified copy of his finding thatthe convicted person is sane, to be immediately forwarded by the clerk of thecourt to the clerk of the district court of the county in which the convictionwas had, who shall give notice thereof to the district attorney of such county.Proceedings shall then be instituted in the last mentioned district court forthe issuance of a new warrant of execution of the judgment of death in the mannerprovided in NRS 176.495.

(Added to NRS by 1967, 1441; A 1977, 861; 2001 Special Session,219)

NRS 176.455 Suspensionof execution when defendant found insane; proceedings on recovery of sanity.

1. If it is found by the court that the convictedperson is insane, the judge shall make and enter an order staying the executionof the judgment of death until the convicted person becomes sane, and shalltherein order the Director of the Department of Corrections to confine suchperson in a safe place of confinement until his reason is restored.

2. The clerk of the court shall serve or cause to beserved three certified copies of the order, one on the Director, one on theGovernor, for the use of the State Board of Pardons Commissioners, and one onthe clerk of the district court of the county in which the conviction was had.

3. If the convicted person thereafter becomes sane,notice of this fact shall be given by the Director to a judge of the courtstaying the execution of the judgment, and the judge, upon being satisfied thatsuch person is then sane, shall enter an order vacating the order staying the executionof the judgment.

4. The clerk of the court shall immediately serve orcause to be served three certified copies of such vacating order as follows:One on the Director, one on the Governor, for the use of the State Board ofPardons Commissioners, and one on the clerk of the district court of the countyin which the conviction was had, who shall give notice thereof to the districtattorney of such county, whereupon proceedings shall be instituted in the lastmentioned district court for the issuance of a new warrant of execution of thejudgment of death in the manner provided in NRS176.495.

(Added to NRS by 1967, 1441; A 1977, 861; 2001 Special Session,219)

NRS 176.465 Investigationof pregnancy: Procedure; hearing.

1. If there is good reason to believe that a femaleagainst whom a judgment of death has been rendered is pregnant, the Director ofthe Department of Corrections to whom she has been delivered for executionshall petition a judge of the district court of the county in which the stateprison is situated, in writing, alleging such pregnancy, whereupon such judgeshall summon a jury of three physicians to inquire into the alleged pregnancyand fix a day for the hearing thereon, and give immediate notice thereof to theAttorney General and to the district attorney of the county in which theconviction was had.

2. The provisions of NRS176.425 and 176.435 apply to theproceedings upon the inquisition, except that three physicians shall besummoned. They shall certify in writing to the court their findings as topregnancy.

(Added to NRS by 1967, 1441; A 1977, 862; 2001 Special Session,220)

NRS 176.475 Proceedingsafter investigation: Execution of judgment; suspension of execution; issuanceof warrant on termination of pregnancy.

1. If it is found by the court that the female is notpregnant, the Director of the Department of Corrections must execute thejudgment of death; but if a stay of execution has been granted pursuant to NRS 176.425 the procedure provided in NRS 176.445 is applicable.

2. If the female is found to be pregnant, the judgeshall enter an order staying the execution of the judgment of death, and shalltherein order the Director to confine such female in a safe place ofconfinement commensurate with her condition until further order of the court.

3. When such female is no longer pregnant, notice ofthis fact shall be given by the Director to a judge of the court staying theexecution of the judgment. Thereupon the judge, upon being satisfied that thepregnancy no longer exists, shall enter an order vacating the order staying theexecution of the judgment and shall direct the clerk of such court to serve orcause to be served three certified copies of such order, one on the Director,one on the Governor, for the use of the State Board of Pardons Commissioners,and one on the clerk of the district court of the county in which theconviction was had, who shall give notice thereof to the district attorney ofsuch county, whereupon proceedings shall be instituted in the last mentioneddistrict court for the issuance of a new warrant of execution of the judgmentin the manner provided in NRS 176.495.

(Added to NRS by 1967, 1442; A 1977, 862; 2001 Special Session,220)

NRS 176.485 Costsof investigations borne by State; manner of payment. Thecosts and expenses of the investigations provided in NRS 176.415 to 176.475, inclusive, must be borne by theState and paid in the following manner: The costs and expenses of aninvestigation must first be paid by county warrants drawn upon the order of thedistrict judge. The county clerk shall then present a claim to the State Boardof Examiners for the amount of such costs and expenses so ordered paid by thedistrict judge. Upon approval of the claim by the State Board of Examiners, theState Controller shall draw his warrant for the payment thereof, and the StateTreasurer shall pay the same from the Reserve for Statutory ContingencyAccount.

(Added to NRS by 1967, 1442; A 1991, 1753)

Petition for Postconviction Relief

NRS 176.486 Authorityto enter stay of execution. A district courthaving proper jurisdiction or the Supreme Court, if it has proper jurisdiction,may stay the execution of a sentence of death when a postconviction petitionfor habeas corpus has been filed only after appropriate notice has been givento the appropriate respondent in the case.

(Added to NRS by 1987, 1220; A 1991, 90)

NRS 176.487 Determinationof whether to enter stay of execution. When aperson under a sentence of death files a proper postconviction petition forhabeas corpus, a district court or the Supreme Court on a subsequent appealshall enter a stay of execution if the court finds a stay necessary for aproper consideration of the claims for relief. In making this determination,the court shall consider whether:

1. The petition is the first effort by the petitionerto raise constitutional claims for relief after a direct appeal from hisconviction and the petition raises claims other than those which could havebeen raised at trial or on direct appeal.

2. The petition is timely filed and jurisdictionallyappropriate and does not set forth conclusory claims only.

3. If the petition is not the first petition forpostconviction relief, it raises constitutional claims which are notprocedurally barred by laches, the law of the case, the doctrines of abuse ofthe writ or successive petition or any other procedural default.

4. If the petition is a second or successive petition,it presents substantial grounds upon which relief might be granted and validjustification for the claims not having been presented in a prior proceeding.

5. The petition asserts claims based upon specifiedfacts or law which, if true, would entitle the petitioner to relief.

6. The court cannot decide legal claims which areproperly raised or expeditiously hold an evidentiary hearing on factual claimswhich are properly raised before the execution of sentence.

(Added to NRS by 1987, 1220; A 1991, 91)

NRS 176.488 Entryof stay of execution and necessary orders. Astay of execution must be entered by the court in writing and copies sent assoon as practicable to the Director of the Department of Corrections, thewarden of the institution in which the offender is imprisoned and the Office ofthe Attorney General in Carson City. The court shall also enter an order andtake all necessary actions to expedite further proceeding before that court.

(Added to NRS by 1987, 1221; A 2001 Special Session,221)

NRS 176.489 Vacationof stay of execution. Any stay of executionpreviously entered by the court must be vacated if the court denies thepetition for habeas corpus.

(Added to NRS by 1987, 1221; A 1991, 91)

NRS 176.491 Stayof execution following denial of appeal.

1. Upon the denial of any appeal to the Supreme Courtpursuant to chapter 34 or 177 of NRS, the Supreme Court shall dissolve anystay of execution previously entered. No stay of such execution may be enteredor continued by the Supreme Court after the denial of an appeal pending thefiling of a petition with a federal court or a petition for a writ ofcertiorari with the Supreme Court of the United States.

2. The entry of a stay of issuance of a remittitur inthe Supreme Court does not prohibit the application of or the issuance of awarrant of execution by the district court in which the conviction wasobtained.

3. To stay the execution of a sentence of deathfollowing the denial of any appeal to the Supreme Court pursuant to chapter 34 or 177of NRS, a person under sentence of death must:

(a) Apply for and obtain a stay in the federal court inwhich he applies for a writ of certiorari or habeas corpus; or

(b) Obtain a stay of execution pursuant to NRS 176.487.

(Added to NRS by 1987, 1221; A 1989, 491)

NRS 176.492 Dissolutionof stay of execution which was improperly entered. Therespondent may file a petition with the Supreme Court within 10 days after theentry of a stay of execution by a district court to dissolve a stay which wasimproperly entered. The filing of the petition does not divest the districtcourt of jurisdiction to hear the claims raised by the petition and thedistrict court shall not delay consideration of the claims because of thefiling of such a petition with the Supreme Court.

(Added to NRS by 1987, 1221)

NEW ORDER TO EXECUTE JUDGMENT OF DEATH

NRS 176.495 Newwarrant generally.

1. If for any reason a judgment of death has not beenexecuted, and it remains in force, the court in which the conviction was hadmust, upon the application of the Attorney General or the district attorney ofthe county in which the conviction was had, cause another warrant to be drawn,signed by the judge and attested by the clerk under the seal of the court, anddelivered to the Director of the Department of Corrections.

2. The warrant must state the conviction and judgmentand appoint a week, the first day being Monday and the last day being Sunday,within which the judgment is to be executed. The first day of that week must benot less than 15 days nor more than 30 days after the date of the warrant. TheDirector shall execute a sentence of death within the week the judgment is tobe executed, as designated by the district court. The Director may execute thejudgment at any time during that week if a stay of execution is not entered bya court of appropriate jurisdiction.

(Added to NRS by 1967, 1442; A 1977, 863; 1989, 391; 2001 Special Session,221; 2003, 2083)

NRS 176.505 Orderfollowing appeal.

1. When a remittitur showing the affirmation of ajudgment of death has been filed with the clerk of the court from which theappeal has been taken, the court in which the conviction was obtained shallinquire into the facts, and, if no legal reasons exist prohibiting theexecution of the judgment, shall make and enter an order requiring the Directorof the Department of Corrections to execute the judgment at a specified time.The presence of the defendant in the court at the time the order of executionis made and entered, or the warrant is issued, is not required.

2. When an opinion, order dismissing appeal or otherorder upholding a sentence of death is issued by the Supreme Court pursuant to chapter 34 or 177of NRS, the court in which the sentence of death was obtained shall inquireinto the facts and, if no legal reason exists prohibiting the execution of thejudgment, shall make and enter an order requiring the Director of theDepartment of Corrections to execute the judgment during a specified week. Thepresence of the defendant in the court when the order of execution is made andentered, or the warrant is issued, is not required.

3. Notwithstanding the entry of a stay of issuance ofa remittitur in the Supreme Court following denial of appellate relief in aproceeding brought pursuant to chapter 34 or 177 of NRS, the court in which the conviction wasobtained shall, upon application of the Attorney General or the districtattorney of the county in which the conviction was obtained, cause anotherwarrant to be drawn, signed by the judge and attested by the clerk under theseal of the court, and delivered to the Director of the Department ofCorrections.

(Added to NRS by 1967, 1442; A 1977, 863; 1989, 491; 2001 Special Session,221)

NEW TRIAL

NRS 176.515 Newtrial: Grounds; time for filing motion.

1. The court may grant a new trial to a defendant ifrequired as a matter of law or on the ground of newly discovered evidence.

2. If trial was by the court without a jury the courtmay vacate the judgment if entered, take additional testimony and direct theentry of a new judgment.

3. Except as otherwise provided in NRS 176.0918, a motion for a new trialbased on the ground of newly discovered evidence may be made only within 2years after the verdict or finding of guilt.

4. A motion for a new trial based on any other groundsmust be made within 7 days after the verdict or finding of guilt or within suchfurther time as the court may fix during the 7-day period.

(Added to NRS by 1967, 1443; A 1983, 1671; 2003, 1894)

ARREST OF JUDGMENT

NRS 176.525 Arrestof judgment: When granted and time in which motion is to be made. The court shall arrest judgment if the indictment,information or complaint does not charge an offense or if the court was withoutjurisdiction of the offense charged. The motion in arrest of judgment shall bemade within 7 days after determination of guilt or within such further time asthe court may fix during the 7-day period.

(Added to NRS by 1967, 1443)

NRS 176.535 Effectof arresting judgment. The effect of allowinga motion in arrest of judgment is to place the defendant in the same situationin which he was before the indictment was found or information or complaintfiled.

(Added to NRS by 1967, 1443)

NRS 176.545 Procedureafter allowance of arrest of judgment.

1. If, from the evidence on the trial, there isreasonable ground to believe the defendant guilty, and a new indictment,information or complaint can be framed upon which he may be convicted, thecourt may order him to be recommitted to the officers of the proper county, oradmitted to bail anew to answer the new indictment, information or complaint.

2. If the evidence shows him guilty of anotheroffense, he shall be committed or held thereon, and in neither case shall theverdict be a bar to another prosecution.

3. But if no evidence appear sufficient to charge himwith any offense, he shall, if in custody, be discharged; or, if admitted tobail, his bail shall be exonerated; or, if money has been deposited instead ofbail, it shall be refunded to the defendant, and the arrest of judgment shalloperate as an acquittal of the charge upon which the indictment, information orcomplaint was founded.

(Added to NRS by 1967, 1443)

MISCELLANEOUS PROVISIONS

NRS 176.555 Correctionof illegal sentence. The court may correct anillegal sentence at any time.

(Added to NRS by 1967, 1443)

NRS 176.565 Clericalmistakes. Clerical mistakes in judgments,orders or other parts of the record and errors in the record arising fromoversight or omission may be corrected by the court at any time and after suchnotice, if any, as the court orders.

(Added to NRS by 1967, 1443)

 

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