2005 Nevada Revised Statutes - Chapter 289 — Peace Officers

CHAPTER 289 - PEACE OFFICERS

GENERAL PROVISIONS

NRS 289.010 Definitions.

RIGHTS OF PEACE OFFICERS

NRS 289.020 Punitiveaction: Prohibited for exercise of rights under internal procedure; opportunityfor hearing; refusal to cooperate in criminal investigation punishable asinsubordination.

NRS 289.025 Confidentialityof home address and photograph of peace officer in possession of lawenforcement agency; exception.

NRS 289.030 Lawenforcement agency prohibited from requiring peace officer to disclosefinancial information; exception.

NRS 289.040 Lawenforcement agency prohibited from placing unfavorable comment or document inadministrative file of peace officer; exception; right to respond; provision ofcopy of comment or document; right to review administrative file under certaincircumstances.

NRS 289.050 Consequencesof refusal to submit to polygraphic examination.

NRS 289.055 Establishmentand availability of written procedures for investigating complaints andallegations of misconduct.

NRS 289.057 Investigationof allegation of misconduct; review of administrative or investigative file bypeace officer in certain circumstances; law enforcement agency prohibited fromkeeping or making record of investigation or punitive action if record requiredto be removed from administrative file.

NRS 289.060 Notificationand requirements for interrogation or hearing relating to investigation.

NRS 289.070 Useof polygraphic examination in investigation.

NRS 289.080 Rightto presence and assistance of representatives at interrogation or hearingrelating to investigation; confidential information; disclosure; record ofinterrogation or hearing; right to review and copy investigation file uponappeal.

NRS 289.085 Inadmissibilityof evidence obtained unlawfully during investigation.

NRS 289.090 Investigationconcerning alleged criminal activities.

NRS 289.100 Limitationson application of chapter.

NRS 289.110 Reportconcerning improper governmental action; investigation of report; reprisal byemployer prohibited.

NRS 289.120 Judicialrelief available for aggrieved peace officer.

PERSONS POSSESSING POWERS OF PEACE OFFICERS

NRS 289.150 Sheriffs,their deputies and correctional officers; city and town marshals, policemen andcorrectional officers; court bailiffs; constables and their deputies.

NRS 289.160 Securityofficers and other persons employed or appointed by local governments undercertain circumstances.

NRS 289.170 Specialinvestigators employed by Attorney General; investigators employed by districtattorney.

NRS 289.175 Criminalinvestigators employed by Secretary of State.

NRS 289.180 Paroleand probation officers; juvenile probation officers; alternative sentencingofficers of department of alternative sentencing; director of juvenileservices; Chief and parole officers of Youth Parole Bureau; director ofdepartment of juvenile justice services.

NRS 289.190 Schoolpolice officers; other officers and employees of school district.

NRS 289.200 Officersand employees of state facilities for detention of children.

NRS 289.210 Legislativepolice.

NRS 289.220 Director,officers and designated employees of Department of Corrections; certainemployees of detention facilities of metropolitan police department.

NRS 289.230 Californiacorrectional officer.

NRS 289.240 Certainemployees of Division of Mental Health and Developmental Services of Departmentof Health and Human Services.

NRS 289.250 StateFire Marshal and his employees; foresters and firewardens; arson investigators.

NRS 289.260 Rangersand employees of Division of State Parks of State Department of Conservationand Natural Resources.

NRS 289.270 Directorand certain employees of Department of Public Safety; Nevada Highway Patrol;certain officers and employees of Department of Motor Vehicles; State DisasterIdentification Team.

NRS 289.280 Gamewardens.

NRS 289.290 Fieldagents and inspectors for State Department of Agriculture; officer appointed byNevada Junior Livestock Show Board.

NRS 289.300 Investigatorof Private Investigators Licensing Board; criminal investigator of StateContractors Board.

NRS 289.310 Commissionerof Insurance and his chief deputy.

NRS 289.320 Certaindesignated employees of Transportation Services Authority.

NRS 289.330 Railroadpolice.

NRS 289.340 Taxicabfield investigator or airport control officer designated by TaxicabAdministrator.

NRS 289.350 Membersof police department of Nevada System of Higher Education.

NRS 289.360 Membersand agents of State Gaming Control Board; members of Nevada Gaming Commission.

ADVISORY REVIEW BOARDS

NRS 289.380 Creationby governing body of city or county; number, appointment and qualifications ofmembers.

NRS 289.383 Creationby political subdivisions upon request from metropolitan police department;number, appointment and qualifications of members.

NRS 289.385 Limitationon jurisdiction; abridgement of contractual or statutory rights of peaceofficer prohibited.

NRS 289.387 Panelof board: Selection of members; powers and duties; proceedings; rights ofofficer investigated.

NRS 289.390 Panelof board: Oaths; subpoenas.

CERTIFICATION

NRS 289.450 Definitions.

NRS 289.460 CategoryI peace officer defined.

NRS 289.470 CategoryII peace officer defined.

NRS 289.480 CategoryIII peace officer defined.

NRS 289.490 Commissiondefined.

NRS 289.500 PeaceOfficers Standards and Training Commission: Creation; membership; terms andcompensation of members.

NRS 289.510 PeaceOfficers Standards and Training Commission: Powers and duties; regulations.

NRS 289.520 ExecutiveDirector: Appointment; qualifications; classification; restrictions on otheremployment; removal.

NRS 289.530 Powersof Executive Director.

NRS 289.540 Accountfor the Training of Peace Officers: Creation; administration; acceptance ofgifts, donations, bequests, grants, money or other financial assistance;expenditures.

NRS 289.550 Personsrequired to be certified by Peace Officers Standards and Training Commission;period by which certification is required.

NRS 289.555 Personconvicted of felony not qualified to serve as peace officer.

NRS 289.560 Applicationfor certification as peace officer to include social security number. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 289.570 Submissionof statement by applicant for certification as peace officer regarding paymentof child support; grounds for denial of certification; duty of Commission.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 289.580 Suspensionof certification as peace officer for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of certification. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 289.590 Trainingin proper use of choke hold as condition of certification; annual training andrecertification; regulations.

NRS 289.600 Trainingin dealing with crimes of stalking and aggravated stalking as condition ofcertification.

MISCELLANEOUS PROVISIONS

NRS 289.800 Reimbursementfor cost to repair or replace uniform, accessories or safety equipment damagedor destroyed in performance of duties.

NRS 289.810 Peaceofficer prohibited from using choke hold; exceptions; agencies required toadopt regulations.

NRS 289.820 Peaceofficer prohibited from engaging in racial profiling; retaliatory or punitiveaction prohibited against peace officer for disclosure of informationconcerning racial profiling.

_________

GENERAL PROVISIONS

NRS 289.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Administrative file means any file of a peaceofficer containing information, comments or documents about the peace officer.The term does not include any file relating to an investigation conductedpursuant to NRS 289.057 or a criminalinvestigation of a peace officer.

2. Choke hold means the holding of a persons neckin a manner specifically intended to restrict the flow of oxygen or blood tothe persons lungs or brain. The term includes the arm-bar restraint, carotidrestraint and lateral vascular neck restraint.

3. Peace officer means any person upon whom some orall of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

4. Punitive action means any action which may leadto dismissal, demotion, suspension, reduction in salary, written reprimand ortransfer of a peace officer for purposes of punishment.

(Added to NRS by 1983, 2096; A 1989, 1582; 1993,2525; 1999, 182, 2424; 2005, 621)

RIGHTS OF PEACE OFFICERS

NRS 289.020 Punitiveaction: Prohibited for exercise of rights under internal procedure; opportunityfor hearing; refusal to cooperate in criminal investigation punishable asinsubordination.

1. A law enforcement agency shall not use punitiveaction against a peace officer if he chooses to exercise his rights under anyinternal administrative grievance procedure.

2. If a peace officer is denied a promotion on groundsother than merit or other punitive action is used against him, a lawenforcement agency shall provide the peace officer with an opportunity for ahearing.

3. If a peace officer refuses to comply with a requestby a superior officer to cooperate with his own or any other law enforcementagency in a criminal investigation, the agency may charge the peace officerwith insubordination.

(Added to NRS by 1983, 2098)

NRS 289.025 Confidentialityof home address and photograph of peace officer in possession of lawenforcement agency; exception.

1. Except as otherwise provided in subsection 2, thehome address and any photograph of a peace officer in the possession of a lawenforcement agency are not public information and are confidential.

2. The home address and photograph of a peace officermay be released:

(a) If the peace officer authorizes the release; or

(b) If the peace officer has been arrested.

(Added to NRS by 2005, 621)

NRS 289.030 Lawenforcement agency prohibited from requiring peace officer to disclosefinancial information; exception. A lawenforcement agency shall not require any peace officer to disclose his assets,debts, sources of income or other financial information or make such adisclosure a condition precedent to a promotion, job assignment or otherpersonnel action unless that information is necessary to:

1. Determine his credentials for transfer to aspecialized unit;

2. Prevent any conflict of interest which may resultin any new assignment; or

3. Determine whether he is engaged in unlawfulactivity.

(Added to NRS by 1983, 2096)

NRS 289.040 Lawenforcement agency prohibited from placing unfavorable comment or document inadministrative file of peace officer; exception; right to respond; provision ofcopy of comment or document; right to review administrative file under certaincircumstances.

1. Except as otherwise provided in subsection 3, a lawenforcement agency shall not place any unfavorable comment or document in anyadministrative file of a peace officer maintained by the law enforcement agencyunless:

(a) The peace officer has read and initialed thecomment or document; or

(b) If the peace officer refuses to initial the commentor document, a notation to that effect is noted on or attached to the commentor document.

2. If the peace officer submits to the law enforcementagency a written response within 30 days after he is asked to initial thecomment or document, his response must be attached to and accompany the commentor document.

3. If a peace officer is the subject of aninvestigation of a complaint or allegation conducted pursuant to NRS 289.057, the law enforcement agency mayplace into any administrative file relating to the peace officer only:

(a) A copy of the disposition of the allegation ofmisconduct if the allegation is sustained; and

(b) A copy of the notice of or statement ofadjudication of any punitive or remedial action taken against the peaceofficer.

4. A peace officer must be given a copy of any commentor document that is placed in an administrative file of the peace officermaintained by the law enforcement agency.

5. Upon request, a peace officer may review anyadministrative file of that peace officer maintained by the law enforcementagency that does not relate to a current investigation.

(Added to NRS by 1983, 2097; A 1991, 2213; 2005, 621)

NRS 289.050 Consequencesof refusal to submit to polygraphic examination.

1. If a peace officer refuses to submit to apolygraphic examination:

(a) No law enforcement agency may take any disciplinaryor retaliatory action against the peace officer; and

(b) No investigator may make a notation of such a refusalin his report or in any other manner maintain evidence of such a refusal.

2. Evidence of any refusal by a peace officer tosubmit to a polygraphic examination is not admissible at any subsequenthearing, trial or other judicial or administrative proceeding.

(Added to NRS by 1983, 2097; A 2001, 1663)

NRS 289.055 Establishmentand availability of written procedures for investigating complaints andallegations of misconduct. Each agency in thisState that employs peace officers shall:

1. Establish written procedures for investigating anycomplaint or allegation of misconduct made or filed against a peace officeremployed by the agency; and

2. Make copies of the written procedures establishedpursuant to subsection 1 available to the public.

(Added to NRS by 1999, 948)

NRS 289.057 Investigationof allegation of misconduct; review of administrative or investigative file bypeace officer in certain circumstances; law enforcement agency prohibited fromkeeping or making record of investigation or punitive action if record requiredto be removed from administrative file.

1. An investigation of a peace officer may beconducted in response to a complaint or allegation that the peace officer hasengaged in activities which could result in punitive action.

2. After the conclusion of the investigation:

(a) If the investigation causes a law enforcementagency to impose punitive action against the peace officer who was the subjectof the investigation and the peace officer has received notice of theimposition of the punitive action, the peace officer or a representativeauthorized by the peace officer may, except as otherwise prohibited by federalor state law, review any administrative or investigative file maintained by thelaw enforcement agency relating to the investigation, including any recordings,notes, transcripts of interviews and documents.

(b) If, pursuant to a policy of a law enforcementagency or a labor agreement, the record of the investigation or the impositionof punitive action is subject to being removed from any administrative filerelating to the peace officer maintained by the law enforcement agency, the lawenforcement agency shall not, except as otherwise required by federal or statelaw, keep or make a record of the investigation or the imposition of punitiveaction after the record is required to be removed from the administrative file.

(Added to NRS by 2005, 620)

NRS 289.060 Notificationand requirements for interrogation or hearing relating to investigation.

1. Except as otherwise provided in this subsection, alaw enforcement agency shall, not later than 48 hours before any interrogationor hearing is held relating to an investigation conducted pursuant to NRS 289.057, provide written notice to the peaceofficer. A peace officer may waive the notice required pursuant to thissection.

2. The notice must include:

(a) A description of the nature of the investigation;

(b) A summary of alleged misconduct of the peaceofficer;

(c) The date, time and place of the interrogation orhearing;

(d) The name and rank of the officer in charge of theinvestigation and the officers who will conduct any interrogation;

(e) The name of any other person who will be present atany interrogation or hearing; and

(f) A statement setting forth the provisions ofsubsection 1 of NRS 289.080.

3. The law enforcement agency shall:

(a) Interrogate the peace officer during his regularworking hours, if reasonably practicable, or compensate him for that time basedon his regular wages if no charges arise from the interrogation.

(b) Immediatelybefore the interrogation or hearing begins, inform the peace officer orally onthe record that:

(1) He is required to provide a statement andanswer questions related to his alleged misconduct; and

(2) If he fails to provide such a statement orto answer any such questions, the agency may charge him with insubordination.

(c) Limit the scope of the questions during theinterrogation or hearing to the alleged misconduct of the peace officer.

(d) Allow the peace officer to explain an answer orrefute a negative implication which results from questioning during aninterrogation or hearing.

(Added to NRS by 1983, 2097; A 1993, 2379; 2005, 622)

NRS 289.070 Useof polygraphic examination in investigation.

1. During an investigation conducted pursuant to NRS 289.057, the peace officer against whomthe allegation is made may, but is not required to, submit to a polygraphicexamination concerning such activities.

2. A person who makes an allegation against a peaceofficer pursuant to NRS 289.057 may notbe required to submit to a polygraphic examination as a condition to theinvestigation of his allegation, but may request or agree to be given a polygraphicexamination. If such a person requests or agrees to be given a polygraphicexamination, such an examination must be given.

3. If a polygraphic examination is given to a peaceofficer pursuant to this section, a sound or video recording must be made ofthe polygraphic examination, the preliminary interview and the postexaminationinterview. Before the opinion of the polygraphic examiner regarding the peaceofficers veracity may be considered in a disciplinary action, all records,documents and recordings resulting from the polygraphic examination must bemade available for review by one or more polygraphic examiners licensed or qualifiedto be licensed in this State who are acceptable to the law enforcement agencyand to the officer. If the opinion of a reviewing polygraphic examiner does notagree with the initial polygraphic examiners opinion, the peace officer mustbe allowed to be reexamined by a polygraphic examiner of his choice who islicensed or qualified to be licensed in this State.

4. The opinion of a polygraphic examiner regarding thepeace officers veracity may not be considered in a disciplinary action unlessthe polygraphic examination was conducted in a manner which complies with theprovisions of chapter 648 of NRS. In anyevent, the law enforcement agency shall not use a polygraphic examinersopinion regarding the veracity of the peace officer as the sole basis for disciplinaryaction against the peace officer.

(Added to NRS by 1983, 2097; A 1989, 1582; 2001, 1663; 2005, 622)

NRS 289.080 Rightto presence and assistance of representatives at interrogation or hearingrelating to investigation; confidential information; disclosure; record ofinterrogation or hearing; right to review and copy investigation file uponappeal.

1. Except as otherwise provided in subsection 3, apeace officer may upon request have two representatives of his choosing presentwith the peace officer during any phase of an interrogation or hearing relatingto an investigation conducted pursuant to NRS289.057, including, without limitation, a lawyer, a representative of alabor union or another peace officer.

2. A representative of a peace officer must assist thepeace officer during the interrogation or hearing. The law enforcement agencyconducting the interrogation or hearing shall allow a representative of thepeace officer to explain an answer provided by the peace officer or refute anegative implication which results from questioning of the peace officer butmay require such explanation to be provided after the agency has concluded itsinitial questioning of the peace officer.

3. A representative must not otherwise be connectedto, or the subject of, the same investigation.

4. Any information that a representative obtains fromthe peace officer concerning the investigation is confidential and must not bedisclosed except upon the:

(a) Request of the peace officer; or

(b) Lawful order of a court of competent jurisdiction.

A lawenforcement agency shall not take punitive action against a representative forhis failure or refusal to disclose such information.

5. The peace officer, any representative of the peaceofficer or the law enforcement agency may make a stenographic, digital ormagnetic record of the interrogation or hearing. If the agency records theproceedings, the agency shall at the peace officers request and expenseprovide a copy of the:

(a) Stenographic transcript of the proceedings; or

(b) Recording on the digital or magnetic tape.

6. After the conclusion of the investigation, thepeace officer who was the subject of the investigation or any representative ofthe peace officer may, if the peace officer appeals a recommendation to imposepunitive action, review and copy the entire file concerning the internalinvestigation, including, without limitation, any recordings, notes,transcripts of interviews and documents contained in the file.

(Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380;2005, 623)

NRS 289.085 Inadmissibilityof evidence obtained unlawfully during investigation. Ifan arbitrator or court determines that evidence was obtained during aninvestigation of a peace officer concerning conduct that could result inpunitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidencemay be prejudicial to the peace officer, such evidence is inadmissible and thearbitrator or court shall exclude such evidence during any administrativeproceeding commenced or civil action filed against the peace officer.

(Added to NRS by 2005, 621)

NRS 289.090 Investigationconcerning alleged criminal activities. Theprovisions of NRS 289.057, 289.060, 289.070and 289.080 do not apply to any investigationwhich concerns alleged criminal activities.

(Added to NRS by 1983, 2098; A 2005, 624)

NRS 289.100 Limitationson application of chapter.

1. This chapter does not prohibit any agreements forcooperation between the law enforcement agency and agencies in otherjurisdictions.

2. This chapter does not affect any procedures whichhave been adopted by the law enforcement agency if those procedures provide thesame or greater rights than provided for in this chapter.

(Added to NRS by 1983, 2098)

NRS 289.110 Reportconcerning improper governmental action; investigation of report; reprisal byemployer prohibited.

1. A peace officer may disclose information regardingimproper governmental action by filing a report with:

(a) The district attorney of the county in which theimproper governmental action occurred; or

(b) The Attorney General if the district attorneyreferred to in paragraph (a) is involved in the improper governmental action.

2. Upon the filing of a report pursuant to subsection1, the district attorney or Attorney General may investigate the report anddetermine whether improper governmental action did occur. Upon the completionof the investigation the district attorney or Attorney General:

(a) If he determines that improper governmental actiondid occur, may prosecute the violation. The Attorney General may prosecute sucha violation if the district attorney fails or refuses so to act.

(b) Shall notify the peace officer who filed the reportof the results of the investigation.

3. The employer of a peace officer shall not take anyreprisal or retaliatory action against a peace officer who in good faith filesa report pursuant to subsection 1.

4. Nothing in this section authorizes a person todisclose information if disclosure is otherwise prohibited by law.

5. This section does not apply to a peace officer whois employed by the State.

6. As used in this section, improper governmentalaction means any action taken by an officer or employee of a law enforcementagency, while in the performance of his official duties which is in violationof any state law or regulation.

(Added to NRS by 1991, 2212)

NRS 289.120 Judicialrelief available for aggrieved peace officer. Anypeace officer aggrieved by an action of his employer in violation of thischapter may, after exhausting any applicable internal grievance procedures, grievanceprocedures negotiated pursuant to chapter 288of NRS and other administrative remedies, apply to the district court forjudicial relief. If the court determines that the employer has violated aprovision of this chapter, the court shall order appropriate injunctive orother extraordinary relief to prevent the further occurrence of the violationand the taking of any reprisal or retaliatory action by the employer againstthe peace officer.

(Added to NRS by 1991, 2213)

PERSONS POSSESSING POWERS OF PEACE OFFICERS

NRS 289.150 Sheriffs,their deputies and correctional officers; city and town marshals, policemen andcorrectional officers; court bailiffs; constables and their deputies. The following persons have the powers of a peace officer:

1. Sheriffs of counties and of metropolitan policedepartments, their deputies and correctional officers.

2. Marshals, policemen and correctional officers ofcities and towns.

3. The bailiff of the Supreme Court.

4. The bailiffs of the district courts, Justice Courtsand municipal courts whose duties require them to carry weapons and makearrests.

5. Constables and their deputies whose official dutiesrequire them to carry weapons and make arrests.

(Added to NRS by 1993, 2520)(Substituted in revisionfor NRS 281.0311)

NRS 289.160 Securityofficers and other persons employed or appointed by local governments undercertain circumstances.

1. A security officer employed:

(a) Pursuant to NRS244.167 by a board of county commissioners; or

(b) Pursuant to NRS266.323 by the governing body of a city,

has thepowers of a peace officer when he is carrying out duties prescribed byordinance.

2. A person appointed pursuant to subsection 1 of NRS 269.235 by a town board or board ofcounty commissioners has the powers of a peace officer.

3. Policemen and special policemen appointed pursuantto subsection 5 of NRS 269.240 have,within the limits of the unincorporated town, the powers of making arrestswhich are exercised by a peace officer according to the laws of this State.

(Added to NRS by 1993, 2520)(Substituted in revisionfor NRS 281.0313)

NRS 289.170 Specialinvestigators employed by Attorney General; investigators employed by districtattorney. Special investigators employed bythe Attorney General and investigators employed by a district attorney have thepowers of a peace officer.

(Added to NRS by 1993, 2520)(Substituted in revisionfor NRS 281.0315)

NRS 289.175 Criminalinvestigators employed by Secretary of State. Criminalinvestigators employed by the Secretary of State have the powers of a peaceofficer.

(Added to NRS by 1999, 182)

NRS 289.180 Paroleand probation officers; juvenile probation officers; alternative sentencingofficers of department of alternative sentencing; director of juvenileservices; Chief and parole officers of Youth Parole Bureau; director ofdepartment of juvenile justice services.

1. The following persons have the powers of a peaceofficer:

(a) The Chief Parole and Probation Officer appointedpursuant to NRS 213.1092;

(b) Assistant parole and probation officers appointedpursuant to NRS 213.1095;

(c) The chief of a department of alternative sentencingestablished pursuant to NRS 211A.080;and

(d) Assistant alternative sentencing officers of adepartment of alternative sentencing.

2. A juvenile probation officer or assistant juvenileprobation officer whose official duties require him to enforce court orders onjuvenile offenders and make arrests has the same powers as a peace officer whenperforming duties pursuant to title 5 of NRS or chapter432B of NRS, including the power to arrest an adult criminal offenderencountered while in the performance of those duties.

3. A director of juvenile services has the powers of apeace officer in his judicial district when performing duties pursuant to title5 of NRS or chapter 432B of NRS, includingthe power to arrest an adult criminal offender encountered while in theperformance of those duties.

4. The Chief of the Youth Parole Bureau of theDivision of Child and Family Services in the Department of Health and HumanServices and the parole officers of the Bureau have the powers of a peaceofficer in carrying out the functions of the Bureau.

5. A director of a department of juvenile justiceservices established by ordinance pursuant to NRS 62G.210 has the powers of a peaceofficer in the county when carrying out duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power toarrest an adult criminal offender encountered while carrying out those duties.

(Added to NRS by 1993, 2520; A 1995, 703, 873; 1997,1480; 2003, 1133)

NRS 289.190 Schoolpolice officers; other officers and employees of school district.

1. A person employed or appointed to serve as a schoolpolice officer pursuant to subsection 8 of NRS391.100 has the powers of a peace officer. A school police officer shallperform his duties in compliance with the provisions of NRS 171.1223.

2. A person appointed pursuant to NRS 393.0718 by the board of trustees ofany school district has the powers of a peace officer to carry out the intentsand purposes of NRS 393.071 to 393.0719, inclusive.

3. Members of every board of trustees of a schooldistrict, superintendents of schools, principals and teachers have concurrentpower with peace officers for the protection of children in school and on theway to and from school, and for the enforcement of order and discipline amongsuch children, including children who attend school within one school districtbut reside in an adjoining school district or adjoining state, pursuant to theprovisions of chapter 392 of NRS. Thissubsection must not be construed so as to make it the duty of superintendentsof schools, principals and teachers to supervise the conduct of children whilenot on the school property.

(Added to NRS by 1993, 2521; A 2001, 1870, 2484; 2003, 102)

NRS 289.200 Officersand employees of state facilities for detention of children. Officers and employees of the Nevada Youth TrainingCenter, the Caliente Youth Center and any other state facility for thedetention of children that is operated pursuant to title 5 of NRS have thepowers of a peace officer so far as necessary to arrest children who haveescaped from that facility.

(Added to NRS by 1993, 2521; A 2003, 1133)

NRS 289.210 Legislativepolice. A legislative police officer of theState of Nevada has the powers of a peace officer when carrying out dutiesprescribed by the Legislative Commission.

(Added to NRS by 1993, 2521; A 1995, 703,2306)(Substituted in revision for NRS 281.0323)

NRS 289.220 Director,officers and designated employees of Department of Corrections; certainemployees of detention facilities of metropolitan police department.

1. The Director of the Department of Corrections, andany officer or employee of the Department so designated by the Director, havethe powers of a peace officer when performing duties prescribed by theDirector. For the purposes of this subsection, the duties which may beprescribed by the Director include, but are not limited to, pursuit and returnof escaped offenders, transportation and escort of offenders and the generalexercise of control over offenders within or outside the confines of theinstitutions and facilities of the Department.

2. A person appointed pursuant to NRS 211.115 to administer detention facilitiesor a jail, and his subordinate jailers, corrections officers and otheremployees whose duties involve law enforcement have the powers of a peaceofficer.

(Added to NRS by 1993, 2521; A 2001 Special Session,235)

NRS 289.230 Californiacorrectional officer. When, pursuant to Californialaw, a California correctional officer has in his custody in Nevada a prisonerof the State of California, the correctional officer may maintain custody ofthe prisoner in Nevada and retake the prisoner if he should escape in Nevada,to the same extent as if the correctional officer were a peace officerappointed under Nevada law and the prisoner had been committed to his custodyin proceedings under Nevada law.

(Added to NRS by 1993, 2522)(Substituted in revisionfor NRS 281.0327)

NRS 289.240 Certainemployees of Division of Mental Health and Developmental Services of Departmentof Health and Human Services. Forensictechnicians and correctional officers employed by the Division of Mental Healthand Developmental Services of the Department of Health and Human Services atfacilities for mentally disordered offenders have the powers of peace officerswhen performing duties prescribed by the Administrator of the Division.

(Added to NRS by 1993, 843; A 1999, 113)

NRS 289.250 StateFire Marshal and his employees; foresters and firewardens; arson investigators.

1. The State Fire Marshal, his assistant and hisdeputies have the powers of a peace officer.

2. The following persons have only those powers of apeace officer necessary to enforce the provisions of the laws of this Staterespecting forest and watershed management or the protection of forests andother lands from fire:

(a) Paid foresters and firewardens appointed pursuantto paragraph (a) of subsection 2 of NRS472.040.

(b) Citizen-wardens appointed pursuant to paragraph (b)of subsection 2 of NRS 472.040.

(c) Voluntary firewardens appointed pursuant toparagraph (c) of subsection 2 of NRS 472.040.

3. A paid forester or firewarden appointed as an arsoninvestigator pursuant to paragraph (d) of subsection 2 of NRS 472.040 has the powers of a peaceofficer.

4. An arson investigator designated as a peace officerpursuant to:

(a) Paragraph (c) of subsection 1 of NRS 244.2961; or

(b) Subsection 3 of NRS266.310,

has thepowers of a peace officer.

(Added to NRS by 1993, 2522)(Substituted in revisionfor NRS 281.0331)

NRS 289.260 Rangersand employees of Division of State Parks of State Department of Conservationand Natural Resources.

1. Rangers and employees of the Division of StateParks of the State Department of Conservation and Natural Resources have, atthe discretion of the Administrator of the Division, the same power to makearrests as any other peace officer for violations of law committed inside theboundaries of state parks or real property controlled or administered by theDivision.

2. An employee of the Division of State Parks of theState Department of Conservation and Natural Resources appointed or designatedpursuant to paragraph (b) of subsection 1 of NRS407.065 has the powers of a peace officer.

(Added to NRS by 1993, 2522; A 1999, 979)

NRS 289.270 Directorand certain employees of Department of Public Safety; Nevada Highway Patrol;certain officers and employees of Department of Motor Vehicles; State DisasterIdentification Team.

1. The following persons have the powers of a peaceofficer:

(a) The Director of the Department of Public Safety.

(b) The chiefs of the divisions of the Department ofPublic Safety.

(c) The deputy directors of the Department of PublicSafety employed pursuant to NRS 480.120.

(d) The investigators and agents of the InvestigationDivision of the Department of Public Safety and any other officer or employeeof that Division whose principal duty is to enforce one or more laws of thisState, and any person promoted from such a duty to a supervisory positionrelated to such a duty.

(e) The personnel of the Capitol Police Division of theDepartment of Public Safety appointed pursuant to subsection 2 of NRS 331.140.

(f) The personnel of the Nevada Highway Patrol whoseprincipal duty is to enforce one or more laws of this State, and any personpromoted from such a duty to a supervisory position related to such a duty.

2. Administrators and investigators of the Division ofCompliance Enforcement of the Department of Motor Vehicles have the powers of apeace officer to enforce any law of the State of Nevada in carrying out theirduties pursuant to NRS 481.048.

3. Officers and investigators of the Section for theControl of Emissions From Vehicles and the Enforcement of Matters Related tothe Use of Special Fuel of the Department of Motor Vehicles, appointed pursuantto NRS 481.0481, have the powers ofpeace officers in carrying out their duties under that section.

4. Members of the State Disaster Identification Teamof the Division of Emergency Management of the Department of Public Safety whoare, pursuant to NRS 414.270, activatedby the Chief of the Division to perform the duties of the State DisasterIdentification Team have the powers of peace officers in carrying out those duties.

(Added to NRS by 1993, 2522; A 1995, 2306; 1997,3263; 1999, 1255,3128, 3591, 3595; 2001, 2593; 2003, 2525; 2005, 673)

NRS 289.280 Gamewardens. A person designated as a game wardenpursuant to NRS 501.349 is a peaceofficer for the purposes of:

1. The service of such legal process, includingwarrants and subpoenas, as may be required in the enforcement of title 45 ofNRS and chapter 488 of NRS.

2. The enforcement of all laws of the State of Nevadawhile they are performing their duties pursuant to title 45 of NRS and chapter 488 of NRS.

(Added to NRS by 1993, 2523)(Substituted in revisionfor NRS 281.0337)

NRS 289.290 Fieldagents and inspectors for State Department of Agriculture; officer appointed byNevada Junior Livestock Show Board.

1. A person designated by the Director of the StateDepartment of Agriculture as a field agent or an inspector pursuant tosubsection 2 of NRS 561.225 has thepowers of a peace officer to make investigations and arrests and to executewarrants of search and seizure, and may temporarily stop a vehicle in theenforcement of the provisions of titles 49 and 50 of NRS and chapters 581, 582,583, 586, 587, 588 and 590 of NRS.

2. An officer appointed by the Nevada Junior LivestockShow Board pursuant to NRS 563.120 hasthe powers of a peace officer for the preservation of order and peace on thegrounds and in the buildings and the approaches thereto of the livestock showsand exhibitions that the Board conducts.

3. In carrying out the provisions of chapter 565 of NRS, an inspector of the StateDepartment of Agriculture has the powers of a peace officer to make investigationsand arrests and to execute warrants of search and seizure.

(Added to NRS by 1993, 2523; A 1995, 703; 1999, 3621; 2001, 1728; 2003, 2166; 2005, 1104)

NRS 289.300 Investigatorof Private Investigators Licensing Board; criminal investigator of StateContractors Board.

1. A person employed as an investigator by the PrivateInvestigators Licensing Board pursuant to NRS648.025 has the powers of a peace officer.

2. A person employed as a criminal investigator by theState Contractors Board pursuant to NRS624.112 has the powers of a peace officer to carry out his duties pursuantto subsection 2 of NRS 624.115.

(Added to NRS by 1993, 2523; A 1995, 304; 1999, 2967; 2003, 1905)

NRS 289.310 Commissionerof Insurance and his chief deputy. TheCommissioner of Insurance and his chief deputy are peace officers for thelimited purposes of obtaining and exchanging information on applicants andlicensees under title 57 of NRS.

(Added to NRS by 1993, 2523)(Substituted in revisionfor NRS 281.0343)

NRS 289.320 Certaindesignated employees of Transportation Services Authority. An employee of the Transportation Services Authority whomit designates as an inspector or as manager of transportation is a peaceofficer and has police power for the enforcement of the provisions of:

1. Chapters 706 and 712 of NRS and all regulations of theTransportation Services Authority or the Department of Motor Vehiclespertaining thereto; and

2. Chapter 482 of NRSand NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes ofcarrying out the provisions of chapter 706 ofNRS.

(Added to NRS by 1993, 2523; A 1997, 1987; 2001, 2594)

NRS 289.330 Railroadpolice. A person commissioned and appointed toserve as a railroad policeman pursuant to subsection 1 of NRS 705.220 has the powers of a peaceofficer upon the premises or property owned or operated by the railroad companywhich employs him.

(Added to NRS by 1993, 2523)(Substituted in revisionfor NRS 281.0347)

NRS 289.340 Taxicabfield investigator or airport control officer designated by Taxicab Administrator. An employee designated by the Taxicab Administrator as:

1. A taxicab field investigator is a peace officer.

2. An airport control officer is a peace officer onlywhen on duty at the airport.

(Added to NRS by 1993, 2524)(Substituted in revisionfor NRS 281.0349)

NRS 289.350 Membersof police department of Nevada System of Higher Education.

1. A person employed and compensated as a member ofthe police department of the Nevada System of Higher Education, when appointedpursuant to subsection 1 of NRS 396.325and duly sworn, is a peace officer, but may exercise his power or authorityonly:

(a) Upon the campuses of the Nevada System of HigherEducation, including that area to the center line of public streets adjacent toa campus;

(b) When in hot pursuit of a violator leaving such acampus or area;

(c) In or about other grounds or properties of theNevada System of Higher Education; or

(d) Except as limited by subsection 2, in accordancewith interlocal agreements entered into with other law enforcement agencies.

2. An interlocal agreement between the policedepartment for the Nevada System of Higher Education and other law enforcementagencies may allow a peace officer of the police department of the NevadaSystem of Higher Education to exercise his power or authority:

(a) On any public street that is adjacent to propertyowned by the Nevada System of Higher Education.

(b) On any property that is consistently used by anorganization whose recognition by the Nevada System of Higher Education is anecessary condition for its continued operation.

(c) On any property that is rented or leased by theNevada System of Higher Education for an event that is approved by the NevadaSystem of Higher Education.

(d) For mutual assistance specifically agreed upon withthe other law enforcement agencies that are parties to the interlocalagreement.

(Added to NRS by 1993, 2524)(Substituted in revisionfor NRS 281.0351)

NRS 289.360 Membersand agents of State Gaming Control Board; members of Nevada Gaming Commission.

1. For the purpose of the administration andenforcement of the provisions of chapter 205of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463,463B, 464or 465 of NRS, the members of the State GamingControl Board and the Nevada Gaming Commission and those agents of the Board whoseduties include the enforcement, or the investigation of suspected violations,of statutes or regulations, have the powers of a peace officer.

2. An agent of the State Gaming Control Board whoseduties include the enforcement, or the investigation of suspected violations,of statutes or regulations, and who has been certified by the Peace OfficersStandards and Training Commission, also has the powers of a peace officer when,during the performance of those duties:

(a) A felony, gross misdemeanor or misdemeanor iscommitted or attempted in his presence; or

(b) He is given reasonable cause to believe that aperson has committed a felony or gross misdemeanor outside of his presence.

3. For the purpose of protecting members of the StateGaming Control Board and of the Nevada Gaming Commission and their families andproperty, and providing security at meetings of the Board and of theCommission, an agent of the Board whose duties include the enforcement ofstatutes or regulations has the powers of a peace officer.

(Added to NRS by 1993, 2524; A 1999, 2425)

ADVISORY REVIEW BOARDS

NRS 289.380 Creationby governing body of city or county; number, appointment and qualifications ofmembers.

1. Except as otherwise provided in NRS 289.383, the governing body of a cityor county may create a review board by ordinance to advise the governing bodyon issues concerning peace officers, school police officers, constables anddeputies of constables within the city or county.

2. A review board created pursuant to subsection 1 mustconsist of:

(a) In a city whose population is 150,000 or more or acounty whose population is 100,000 or more, 25 members; and

(b) In a city whose population is less than 150,000 ora county whose population is less than 100,000, 12 members.

3. Such a review board must be appointed by thegoverning body from a list of names submitted by interested persons. If aninsufficient number of names of interested persons is submitted, the governingbody shall appoint the remaining members in the manner it deems appropriate.

4. A person appointed to the review board must:

(a) Be a resident of the city or county for which thereview board was created, except no member of the review board may be currentlyemployed as a peace officer, school police officer, constable or deputy of aconstable.

(b) Complete training relating to law enforcementbefore serving as a member of the review board, including, without limitation,training in the policies and procedures of law enforcement agencies, police ofschool districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employmentcontracts of the peace officers, school police officers, constables or deputiesof constables.

(Added to NRS by 1997, 2515; A 2001, 1974; 2005, 624)

NRS 289.383 Creationby political subdivisions upon request from metropolitan police department;number, appointment and qualifications of members.

1. If a metropolitan police department has been formedpursuant to NRS 280.110, themetropolitan police committee on fiscal affairs may request the participatingpolitical subdivisions to create a review board to advise the committee onissues concerning peace officers employed by the metropolitan policedepartment. The participating subdivisions may jointly create such a reviewboard by mutual ordinances.

2. A review board created pursuant to subsection 1must consist of 25 members, appointed from a list of names submitted byinterested persons. The members of the metropolitan police committee on fiscalaffairs who are representatives of the county shall appoint 13 members of thereview board, and the members of the metropolitan police committee on fiscalaffairs who are representatives of each participating city within the countyshall appoint an equal number of the remaining 12 members. If an insufficientnumber of names of interested persons are submitted, the members of themetropolitan police committee on fiscal affairs shall appoint the remainingmembers in the manner they deem appropriate.

3. A person appointed to the review board must:

(a) Be a resident within the jurisdiction of theparticipating subdivisions for which the review board was created, except nomember of the review board may be currently employed as a peace officer.

(b) Complete training relating to law enforcementbefore serving as a member of the review board, including, without limitation,training in the policies and procedures of law enforcement agencies, theprovisions of NRS 289.010 to 289.120, inclusive, and the employmentcontracts of the peace officers.

(Added to NRS by 1997, 2516; A 2005, 624)

NRS 289.385 Limitationon jurisdiction; abridgement of contractual or statutory rights of peaceofficer prohibited. A review board created pursuantto NRS 289.380 or 289.383:

1. Does not have jurisdiction over any matter in whichit is alleged that a crime has been committed.

2. Shall not abridge the rights of a peace officer,school police officer, constable or deputy of a constable that are grantedpursuant to a collective bargaining agreement, a contract or any federal orstate statute or regulation.

(Added to NRS by 1997, 2516)

NRS 289.387 Panelof board: Selection of members; powers and duties; proceedings; rights ofofficer investigated.

1. A review board that is created pursuant toparagraph (a) of subsection 2 of NRS 289.380or pursuant to NRS 289.383 must meet inpanels of five members to carry out its duties.

2. A review board that is created pursuant toparagraph (b) of subsection 2 of NRS 289.380must meet in panels of three members to carry out its duties.

3. Members must be selected randomly to serve on apanel, and the panel shall select one of its members to serve as chairman ofthe panel.

4. A panel of a review board created pursuant to NRS 289.380 or 289.383 may:

(a) Refer a complaint against a peace officer, schoolpolice officer, constable or deputy of a constable to the employer of the peaceofficer, school police officer, constable or deputy of a constable.

(b) Review an internal investigation of a peace officer,school police officer, constable or deputy of a constable within thejurisdiction of the governing body that created the review board and makerecommendations regarding any disciplinary action against the peace officer,school police officer, constable or deputy of a constable that is recommendedby his employer, including, without limitation:

(1) Increasing or decreasing the recommendedlevel of discipline; and

(2) Exonerating the peace officer, school policeofficer, constable or deputy of a constable who has been the subject of theinternal investigation.

5. The employer of a peace officer, school policeofficer, constable or deputy of a constable shall make available to a panel ofthe review board any personnel file or other material necessary for the panelto conduct a review.

6. When reviewing an internal investigation of a peaceofficer, school police officer, constable or deputy of a constable pursuant tosubsection 4, the panel shall provide the peace officer, school police officer,constable or deputy of a constable with notice and an opportunity to be heard.The peace officer, school police officer, constable or deputy of a constablemay represent himself at the hearing before the panel or be represented by anattorney or other person of his own choosing. The review board, governing bodyand employer of the peace officer, school police officer, constable or deputyof a constable are not responsible for providing such representation.

7. The chairman of a panel of a review board shall reportthe findings and recommendation of the panel regarding disciplinary action tothe employer of the peace officer, school police officer, constable or deputyof a constable.

8. A police officer, school police officer, constableor deputy of a constable may appeal a recommendation made by a panel of thereview board. The ordinance pursuant to which the review board is created mustspecify the manner for conducting appeals, and may provide for, if both partiesagree, without limitation, mediation, conciliation or review by another panelof randomly selected members of the review board. If the appeal is heard byanother panel of the review board, the determination made by the panel hearingthe appeal is final and binding and is not subject to judicial review.

9. The findings and recommendation of a panel of thereview board are public records unless otherwise declared confidential by stateor federal law.

10. A proceeding of a panel of such a review board isclosed to the public.

(Added to NRS by 1997, 2516)

NRS 289.390 Panelof board: Oaths; subpoenas.

1. A panel of a review board that is created pursuantto NRS 289.380 or 289.383 may:

(a) Administer oaths;

(b) Take testimony;

(c) Within the scope of its jurisdiction, issuesubpoenas to compel the attendance of witnesses to testify before the panel;

(d) Require the production of books, papers anddocuments; and

(e) Issue commissions to take testimony.

2. If a witness refuses to attend or testify orproduce books, papers or documents as required by the subpoena, the panel maypetition the district court to order the witness to appear or testify orproduce the requested books, papers or documents.

(Added to NRS by 1997, 2517)

CERTIFICATION

NRS 289.450 Definitions. As used in NRS 289.450to 289.600, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 2419; A 2003, 2697)

NRS 289.460 CategoryI peace officer defined. Category I peaceofficer means a peace officer who has unrestricted duties and who is nototherwise listed as a category II or category III peace officer.

(Added to NRS by 1999, 2419)

NRS 289.470 CategoryII peace officer defined. Category II peaceofficer means:

1. The Bailiff of the Supreme Court;

2. The bailiffs of the district courts, Justice Courtsand municipal courts whose duties require them to carry weapons and makearrests;

3. Constables and their deputies whose official dutiesrequire them to carry weapons and make arrests;

4. Inspectors employed by the Transportation ServicesAuthority who exercise those powers of enforcement conferred by chapters 706 and 712of NRS;

5. Parole and probation officers;

6. Special investigators who are employed fulltime bythe office of any district attorney or the Attorney General;

7. Investigators of arson for fire departments who arespecially designated by the appointing authority;

8. The assistant and deputies of the State FireMarshal;

9. The brand inspectors of the State Department ofAgriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

10. The field agents and inspectors of the StateDepartment of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

11. Investigators for the State Forester Firewardenwho are specially designated by him and whose primary duties are related to theinvestigation of arson;

12. School police officers employed by the board oftrustees of any county school district;

13. Agents of the State Gaming Control Board whoexercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose dutiesrelate primarily to auditing, accounting, the collection of taxes or licensefees, or the investigation of applicants for licenses;

14. Investigators and administrators of the Divisionof Compliance Enforcement of the Department of Motor Vehicles who perform theduties specified in subsection 2 of NRS481.048;

15. Officers and investigators of the Section for theControl of Emissions From Vehicles and the Enforcement of Matters Related tothe Use of Special Fuel of the Department of Motor Vehicles who perform theduties specified in subsection 3 of NRS481.0481;

16. Legislative police officers of the State of Nevada;

17. The personnel of the Capitol Police Division ofthe Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140;

18. Parole counselors of the Division of Child andFamily Services of the Department of Health and Human Services;

19. Juvenile probation officers and deputy juvenileprobation officers employed by the various judicial districts in the State ofNevada or by a department of juvenile justice services established by ordinancepursuant to NRS 62G.210 whose officialduties require them to enforce court orders on juvenile offenders and makearrests;

20. Field investigators of the Taxicab Authority;

21. Security officers employed fulltime by a city orcounty whose official duties require them to carry weapons and make arrests;

22. The chief of a department of alternativesentencing created pursuant to NRS211A.080 and the assistant alternative sentencing officers employed by thatdepartment; and

23. Criminal investigators who are employed by theSecretary of State.

(Added to NRS by 1999, 2419; A 2001, 1729, 2594; 2003, 180, 1133, 2526)

NRS 289.480 CategoryIII peace officer defined. Category IIIpeace officer means a peace officer whose authority is limited to correctionalservices, including the superintendents and correctional officers of theDepartment of Corrections.

(Added to NRS by 1999, 2421; A 2001 Special Session,236)

NRS 289.490 Commissiondefined. Commission means the Peace OfficersStandards and Training Commission.

(Added to NRS by 1999, 2421)

NRS 289.500 PeaceOfficers Standards and Training Commission: Creation; membership; terms andcompensation of members.

1. The Peace Officers Standards and TrainingCommission, consisting of nine members appointed by the Governor, is herebycreated. The Governor shall appoint:

(a) Two members from Clark County, one of whom must befrom a metropolitan police department created pursuant to chapter 280 of NRS if one exists in Clark County;

(b) One member from Washoe County;

(c) Three members from counties other than Clark andWashoe Counties;

(d) One member from a state law enforcement agency thatprimarily employs peace officers required to receive training as category Ipeace officers;

(e) One member who is a category II peace officer; and

(f) One member who is a category III peace officer.

2. Members of the Commission serve terms of 2 years.Members serve without compensation, but are entitled to the per diem allowanceand travel expenses provided by law for state officers and employees generally.

3. The Governor shall make the appointments to theCommission from recommendations submitted by Clark County, Washoe County,professional organizations of sheriffs and police chiefs of this State andemployee organizations that represent only peace officers of this State who arecertified by the Commission.

(Added to NRS by 1999, 2421; A 2005, 1105)

NRS 289.510 PeaceOfficers Standards and Training Commission: Powers and duties; regulations.

1. The Commission:

(a) Shall meet at the call of the Chairman, who must beelected by a majority vote of the members of the Commission.

(b) Shall provide for and encourage the training andeducation of persons whose primary duty is law enforcement to ensure the safetyof the residents of and visitors to this State.

(c) Shall adopt regulations establishing minimumstandards for the certification and decertification, recruitment, selection andtraining of peace officers. The regulations must establish:

(1) Requirements for basic training for categoryI, category II and category III peace officers and reserve peace officers;

(2) Standards for programs for the continuingeducation of peace officers, including minimum courses of study andrequirements concerning attendance;

(3) Qualifications for instructors of peaceofficers; and

(4) Requirements for the certification of acourse of training.

(d) Shall, when necessary, present courses of trainingand continuing education courses for category I, category II and category IIIpeace officers and reserve peace officers.

(e) May make necessary inquiries to determine whetherthe agencies of this State and of the local governments are complying withstandards set forth in its regulations.

(f) Shall carry out the duties required of theCommission pursuant to NRS 432B.610and 432B.620.

(g) May perform any other acts that may be necessaryand appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.600, inclusive.

(h) May enter into an interlocal agreement with anIndian tribe to provide training to and certification of persons employed aspolice officers by that Indian tribe.

2. Regulations adopted by the Commission:

(a) Apply to all agencies of this State and of localgovernments in this State that employ persons as peace officers;

(b) Must require that all peace officers receivetraining in the handling of cases involving abuse or neglect of children ormissing children; and

(c) May require that training be carried on atinstitutions which it approves in those regulations.

(Added to NRS by 1999, 2421; A 2001, 1730)

NRS 289.520 ExecutiveDirector: Appointment; qualifications; classification; restrictions on otheremployment; removal. The Commission, bymajority vote of its members, shall appoint an Executive Director of theCommission. The Executive Director:

1. Must be selected with special reference to histraining, experience, capacity and interest in the field of administering lawsand regulations relating to the training of peace officers.

2. Is in the unclassified service of the State.

3. Shall not pursue any other business or occupation,or perform any other duties of any other office of profit without the priorapproval of the Commission.

4. May be removed by the Commission, by a majorityvote of its members, at any time for cause.

(Added to NRS by 1999, 2422)

NRS 289.530 Powersof Executive Director. With the advice of theCommission, the Executive Director of the Commission may:

1. Appoint employees, agents, consultants and otherstaff of the Commission and prescribe their duties;

2. Administer and direct the daily operation of thestaff and resources of the Commission;

3. Inspect academies for training peace officers, andissue and revoke certificates of approval to such academies;

4. Certify qualified instructors for approved coursesof training for peace officers and issue appropriate certificates to instructors;

5. Certify peace officers who have satisfactorilycompleted courses of training for peace officers and issue basic, intermediate,advanced and management professional certificates to peace officers;

6. Make recommendations to the Commission concerningthe issuance of executive certificates;

7. Cause annual audits to be made relating to theoperation of academies for training peace officers;

8. Consult and cooperate with academies for trainingpeace officers concerning the development of the basic and advanced trainingprograms for peace officers;

9. Consult and cooperate with academies for trainingpeace officers concerning the development of specialized courses of study inthis State for peace officers in the areas of police science, policeadministration, corrections, probation, the social sciences and other relatedareas;

10. Consult and cooperate with other departments andagencies of this State and of local governments concerning the training ofpeace officers;

11. Report to the Commission at the regular meetingsof the Commission and at such other times as the Commission may require, andrecommend the denial, suspension or revocation of certification of a peaceofficer to the Commission as deemed necessary;

12. Execute contracts on behalf of the Commission; and

13. Perform any other acts necessary and appropriateto the carrying out of his duties.

(Added to NRS by 1999, 2422)

NRS 289.540 Accountfor the Training of Peace Officers: Creation; administration; acceptance ofgifts, donations, bequests, grants, money or other financial assistance;expenditures.

1. An Account for the Training of Peace Officers ishereby created in the State General Fund. The Account must be administered bythe Executive Director of the Commission. The Executive Director may apply for,accept and expend any gift, donation, bequest, grant or other source of moneyor other financial assistance from any person, association, corporation orother organization having an interest in the training of peace officers, andfrom the United States and any of its agencies or instrumentalities, fordeposit in the Account. The money in the Account must be expended in accordancewith the terms and conditions of the gift, donation, bequest or grant, or inaccordance with subsection 2.

2. Except as otherwise provided in subsection 1, themoney in the Account may be used only for the training of persons whose primaryduty is law enforcement or for other purposes approved by the Commission.

(Added to NRS by 1999, 2423)

NRS 289.550 Personsrequired to be certified by Peace Officers Standards and Training Commission;period by which certification is required.

1. Except asotherwise provided in subsection 2, a person upon whom some or all of thepowers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified bythe Commission within 1 year after the date on which the person commencesemployment as a peace officer unless the Commission, for good cause shown,grants in writing an extension of time, which must not exceed 6 months, bywhich the person must become certified. A person who fails to become certifiedwithin the required time shall not exercise any of the powers of a peaceofficer after the time for becoming certified has expired.

2. Thefollowing persons are not required to be certified by the Commission:

(a) The Chief Parole and Probation Officer;

(b) The Director of the Department of Corrections;

(c) The State Fire Marshal;

(d) The Director of the Department of Public Safety,the deputy directors of the Department, the chiefs of the divisions of theDepartment other than the Investigation Division and the Nevada Highway Patrol,and the members of the State Disaster Identification Team of the Division ofEmergency Management of the Department;

(e) The Commissioner of Insurance and his chief deputy;

(f) Railroad policemen; and

(g) California correctional officers.

(Added to NRS by 1999, 2423; A 2001, 1731, 2595; 2001 Special Session,236; 2003, 289,306; 2005, 674)

NRS 289.555 Personconvicted of felony not qualified to serve as peace officer. A person who has been convicted of a felony in this Stateor any other state is not qualified to serve as a category I peace officer,category II peace officer or category III peace officer regardless of whetherhe has been restored to his civil rights.

(Added to NRS by 2003, 2697)

NRS 289.560 Applicationfor certification as peace officer to include social security number. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor certification as a peace officer must include the social security number ofthe applicant.

(Added to NRS by 1999, 2423)

NRS 289.570 Submission of statement by applicantfor certification as peace officer regarding payment of child support; groundsfor denial of certification; duty of Commission. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. An applicant for certification as a peace officershall submit to the Peace Officers Standards and Training Commission thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Commission shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance of the certification; or

(b) A separate form prescribed by the Commission.

3. An applicant may not be certified by the Commissionif the applicant for certification:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commission shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1999, 2423)

NRS 289.580 Suspensionof certification as peace officer for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of certification. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Peace Officers Standards and TrainingCommission receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who has been certified as a peaceofficer, the Commission shall deem the persons certification to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the Commission receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person who has been certified stating that the person has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Peace Officers Standards and TrainingCommission shall reinstate a certification as a peace officer that has beensuspended by a district court pursuant to NRS425.540 if the Commission receives a letter issued by the district attorneyor other public agency pursuant to NRS425.550 to the person whose certification was suspended stating that theperson whose certification was suspended has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1999, 2424)

NRS 289.590 Trainingin proper use of choke hold as condition of certification; annual training andrecertification; regulations.

1. As a condition of the certification of a peaceofficer employed by an agency that authorizes the use of a choke hold in thecourse of his duties, the Peace Officers Standards and Training Commissionshall require the peace officer to be trained in the proper use of the chokehold. In addition, the Commission shall require annual training andrecertification in the proper use of the choke hold if the agency employing thepeace officer continues to authorize the official use of the choke hold.

2. The Commission shall adopt regulations regardingthe minimum training and testing required to comply with the requirements ofsubsection 1 and the manner in which each such agency shall demonstrate itscontinuing compliance with the requirements of subsection 1.

(Added to NRS by 1999, 2424)

NRS 289.600 Trainingin dealing with crimes of stalking and aggravated stalking as condition ofcertification. As a condition of thecertification of each peace officer, the Peace Officers Standards and TrainingCommission shall require each peace officer to be trained in dealing with thecrimes of stalking and aggravated stalking, including, without limitation:

1. The manner in which a report from a person whoclaims to be a victim of stalking or aggravated stalking should be taken;

2. The proper method of carrying out an investigationof alleged stalking or aggravated stalking; and

3. The elements of the crimes of stalking andaggravated stalking.

(Added to NRS by 1999, 1378; A 2001, 171)

MISCELLANEOUS PROVISIONS

NRS 289.800 Reimbursementfor cost to repair or replace uniform, accessories or safety equipment damagedor destroyed in performance of duties. Inaddition to the compensation required by NRS281.121, a state agency that employs a person:

1. Upon whom some or all of the powers of a peaceofficer are conferred pursuant to subsection 1 of NRS 289.180, subsection 1 of NRS 289.220, paragraph (f) of subsection 1of NRS 289.270 or subsection 4 of NRS 289.270; and

2. Who is required to purchase and wear his ownuniform or other clothing, accessories or safety equipment while performing hisduties for the State as a peace officer,

may, afterfirst obtaining the written approval of the Director of the Department ofAdministration, reimburse that person for the cost to repair or replace hisrequired uniform or other clothing, accessories or safety equipment if it isdamaged or destroyed, by means other than ordinary wear and tear, while he isperforming his duties for the State as a peace officer.

(Added to NRS by 1995, 2744; A 1997, 3263; 2005, 674)

NRS 289.810 Peaceofficer prohibited from using choke hold; exceptions; agencies required toadopt regulations.

1. A peace officer shall not use a choke hold on anyother person unless:

(a) The agency employing the peace officer authorizesthe use of the choke hold by its peace officers in the course of their duties;and

(b) The peace officer has successfully completedtraining in the proper use of the choke hold and holds current certificationfor its use by the agency which employs him.

2. If a law enforcement agency finds that a peaceofficer has violated the provisions of subsection 1, the peace officer issubject to such disciplinary action as is provided for such an offense by theagency.

3. Each agency in this state which employs a peaceofficer shall adopt regulations which govern whether the use of a choke hold byits officers during the course of their duties is authorized. If an agencyauthorizes such a use of a choke hold, the agency shall also adopt regulationswhich specifically address:

(a) The manner in which a peace officer, certified foruse of a choke hold, is authorized to use the hold in the course of his duties;

(b) The manner in which records of training,certification and recertification will be maintained to ensure compliance withany applicable statutory or other related requirements; and

(c) The consequences of unauthorized or uncertified useof a choke hold.

(Added to NRS by 1991, 982; A 1993, 2525; 1997, 508; 1999, 2425)(Substitutedin revision for NRS 289.410)

NRS 289.820 Peaceofficer prohibited from engaging in racial profiling; retaliatory or punitiveaction prohibited against peace officer for disclosure of informationconcerning racial profiling.

1. A peace officer shall not engage in racialprofiling.

2. No retaliatory or punitive action may be takenagainst a peace officer who discloses information concerning racial profiling.

3. For purposes of this section, racial profilingmeans reliance by a peace officer upon the race, ethnicity or national originof a person as a factor in initiating action when the race, ethnicity ornational origin of the person is not part of an identifying description of aspecific suspect for a specific crime.

(Added to NRS by 2001, 2852)

 

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