USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 176 - JUDGMENT AND EXECUTION
As used in this chapter, unless
the context otherwise requires, “Division” means the Division of Parole
and Probation of the Department of Public Safety.
(Added to NRS by 1993, 1512; A 2001, 2568 )
ADVISORY COMMISSION ON SENTENCING
As used in NRS 176.0121 to 176.0129 , inclusive, “Commission” means the Advisory
Commission on Sentencing.
(Added to NRS by 1995, 1353)
1. The Advisory Commission on Sentencing is hereby created. The
Commission consists of:
(a) One member who is a district judge, appointed by the governing
body of the Nevada District Judges Association;
(b) One member who is a district attorney, appointed by the
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 of the
State Bar of Nevada;
(d) One member who is a public defender, appointed by the governing
body of the State Bar of Nevada;
(e) One member who is a representative of a law enforcement agency,
appointed by the Governor;
(f) One member who is a representative of the Division of Parole
and Probation of the Department of Public Safety, appointed by the
Governor;
(g) One member who has been a victim of a crime or is a
representative of an organization supporting the rights of victims of
crime, appointed by the Governor;
(h) One member who is a county commissioner, appointed by 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 is appointed by the
Majority Leader of the Senate and one of whom is appointed by the
Minority Leader of the Senate; and
(k) Two members who are Assemblymen, one of whom is appointed by
the Speaker of the Assembly and one of whom is appointed by the Minority
Leader of the Assembly.
Ê If any association listed in this subsection ceases to exist, the
appointment required by this subsection must be made by the association’s
successor in interest or, if there is no successor in interest, by the
Governor.
2. The Attorney General is an ex officio voting member of 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 manner as the
original appointments. Any vacancy occurring in the membership of the
Commission must be filled in the same manner as the original appointment.
4. The Legislators who are members of the Commission are entitled
to receive the salary provided for a majority of the members of the
Legislature during the first 60 days of the preceding session for each
day’s attendance at a meeting of the Commission.
5. While engaged in the business of the Commission, to the extent
of legislative appropriation, each member of the Commission is entitled
to receive the per diem allowance and travel expenses provided for state
officers and employees generally.
6. To the extent of legislative appropriation, the Attorney
General shall provide the Commission with such staff as is necessary to
carry out the duties of the Commission.
(Added to NRS by 1995, 1353; A 2001, 2568 ; 2005, 581 )
The Commission shall:
1. Identify and study the elements of this state’s system of
criminal justice which affect the sentences imposed for felonies and
gross misdemeanors.
2. Evaluate the effectiveness and fiscal impact of various
policies and practices regarding sentencing which are employed in this
state and other states, including, but not limited to, the use of plea
bargaining, probation, programs of intensive supervision, programs of
regimental discipline, imprisonment, mandatory and minimum sentencing,
structured or tiered sentencing, enhanced penalties for habitual
criminals, parole, credits against sentences, residential confinement and
alternatives to incarceration.
3. Recommend changes in the structure of sentencing in this state
which, to the extent practicable and with consideration for their fiscal
impact, incorporate general objectives and goals for sentencing,
including, but not limited to, the following:
(a) Offenders must receive sentences that increase in direct
proportion to the severity of their crimes and their histories of
criminality.
(b) Offenders who have extensive histories of criminality or who
have exhibited a propensity to commit crimes of a predatory or violent
nature must receive sentences which reflect the need to ensure the safety
and protection of the public and which allow for the imprisonment for
life of such offenders.
(c) Offenders who have committed offenses that do not include acts
of violence and who have limited histories of criminality must receive
sentences which reflect the need to conserve scarce economic resources
through the use of various alternatives to traditional forms of
incarceration.
(d) Offenders with similar histories of criminality who are
convicted of similar crimes must receive sentences that are generally
similar.
(e) Offenders sentenced to imprisonment must receive sentences
which do not confuse or mislead the public as to the actual time those
offenders must serve while incarcerated or before being released from
confinement or supervision.
(f) Offenders must not receive disparate sentences based upon
factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the
specific circumstances and facts of their offenses, including the nature
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 of
criminal sophistication demonstrated by the offender’s acts before,
during and after commission of the offense.
4. Compile and develop statistical information concerning
sentencing in this state.
5. For each regular session of the Legislature, prepare a
comprehensive report including the Commission’s recommended changes in
the structure of sentencing in this State, the Commission’s findings and
any recommendations of the Commission for proposed legislation. The
report must be submitted to the Legislature not later than 10 days after
the commencement of the session.
(Added to NRS by 1995, 1354)
1. The Department of Corrections shall:
(a) Provide the Commission with any available statistical
information or research requested by the Commission and assist the
Commission in the compilation and development of information requested by
the Commission, including, but not limited to, information or research
concerning the facilities and institutions of the Department of
Corrections, the offenders who are or were within those facilities or
institutions and the sentences which are being served or were served by
those offenders;
(b) If requested by the Commission, make available to the
Commission the use of the computers and programs which are owned by the
Department of Corrections; and
(c) Provide the independent contractor retained by the Department
of Administration pursuant to NRS 176.0129 with any available statistical information
requested by the independent contractor for the purpose of performing the
projections required by NRS 176.0129 .
2. The Division shall:
(a) Provide the Commission with any available statistical
information or research requested by the Commission and assist the
Commission in the compilation and development of information concerning
sentencing, probation, parole and any offenders who are or were subject
to supervision by the Division;
(b) If requested by the Commission, make available to the
Commission the use of the computers and programs which are owned by the
Division; and
(c) Provide the independent contractor retained by the Department
of Administration pursuant to NRS 176.0129 with any available statistical information
requested by the independent contractor for the purpose of performing the
projections required by NRS 176.0129 .
(Added to NRS by 1995, 1355; A 2001 Special Session, 214 )
The Department of
Administration shall, on an annual basis, contract for the services of an
independent contractor, in accordance with the provisions of NRS 284.173
, to:
1. Review sentences imposed in this State and the practices of the
State Board of Parole Commissioners and project annually the number of
persons who will be:
(a) In a facility or institution of the Department of Corrections;
(b) On probation;
(c) On parole; and
(d) Serving a term of residential confinement,
Ê during the 10 years immediately following the date of the projection;
and
2. Review preliminary proposals and information provided by the
Commission and project annually the number of persons who will be:
(a) In a facility or institution of the Department of Corrections;
(b) On probation;
(c) On parole; and
(d) Serving a term of residential confinement,
Ê during the 10 years immediately following the date of the projection,
assuming the preliminary proposals were recommended by the Commission and
enacted by the Legislature.
(Added to NRS by 1995, 1355; A 2001 Special Session, 215 )
SENTENCE AND JUDGMENT
Hearing
1. Sentence must be imposed without unreasonable delay. Pending
sentence, the court may commit the defendant or continue or alter the
bail.
2. Before imposing sentence, the court shall:
(a) Afford counsel an opportunity to speak on behalf of the
defendant; and
(b) Address the defendant personally and ask him if he wishes to
make a statement in his own behalf and to present any information in
mitigation of punishment.
3. After hearing any statements presented pursuant to subsection 2
and before imposing sentence, the court shall afford the victim an
opportunity to:
(a) Appear personally, by counsel or by personal representative; and
(b) Reasonably express any views concerning the crime, the person
responsible, the impact of the crime on the victim and the need for
restitution.
4. The prosecutor shall give reasonable notice of the hearing to
impose sentence to:
(a) The person against whom the crime was committed;
(b) A person who was injured as a direct result of the commission
of the crime;
(c) The surviving spouse, parents or children of a person who was
killed as a direct result of the commission of the crime; and
(d) Any other relative or victim who requests in writing to be
notified of the hearing.
Ê Any defect in notice or failure of such persons to appear are not
grounds for an appeal or the 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 or relative and which is received by
the prosecutor pursuant to this subsection is confidential.
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 adopted child;
(3) A grandchild, brother, sister, half brother or 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 a direct
result of the commission of a crime; and
(3) A relative of a person described in subparagraph (1) or
(2).
6. This section does not restrict the authority of the court 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
A sentence of death must not be imposed or inflicted
upon any person convicted of a crime now punishable by death who at the
time of the commission of the crime was under the age of 18 years. As to
such person, the maximum punishment that may be imposed is life
imprisonment.
(Added to NRS by 1967, 1432; A 2005, 63 )
1. If a sentence of imprisonment is required or permitted by
statute, the court shall:
(a) If sentencing a person who has been found guilty of a
misdemeanor or a gross misdemeanor, sentence the person to imprisonment
for a definite period of time within the maximum limit or the minimum and
maximum limits prescribed by the applicable statute, taking due account
of the gravity of the particular offense and of the character of the
individual defendant.
(b) If sentencing a person who has been found guilty of a felony,
sentence the person to a minimum term and a maximum term of imprisonment,
unless a definite term of imprisonment is required by statute.
(c) If restitution is appropriate, set an amount of restitution for
each victim of the offense and for expenses related to extradition in
accordance with NRS 179.225 .
2. At any time after a prisoner has been released on parole and
has served one-half of the period of his parole, or 10 consecutive years
on parole in the case of a prisoner sentenced to life imprisonment, the
State Board of Parole Commissioners, upon the recommendation of the
division, may petition the court of original jurisdiction requesting a
modification of sentence. The Board shall give notice of the petition and
hearing thereon to the Attorney General or district attorney who had
jurisdiction in the original proceedings. Upon hearing the recommendation
of the State Board of Parole Commissioners and good cause appearing, the
court may modify the original sentence by reducing the maximum term of
imprisonment but shall not make the term 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)
1. Except as otherwise provided in subsection 2, whenever a person
is convicted of two or more offenses, and sentence has been pronounced
for one offense, the court in imposing any subsequent sentence may
provide that the sentences subsequently pronounced run either
concurrently or consecutively with the sentence first imposed. Except as
otherwise provided in subsections 2 and 3, if the court makes no order
with reference thereto, all such subsequent sentences run concurrently.
2. Except as otherwise provided in this subsection, whenever a
person under sentence of imprisonment for committing a felony commits
another crime constituting a felony and is sentenced to another term of
imprisonment for that felony, the latter term must not begin until the
expiration of all prior terms. If the person is a probationer at the time
the subsequent felony is committed, the court may provide that the latter
term of imprisonment run concurrently with any prior terms or portions
thereof. If the person is sentenced to a term of imprisonment for life
without the possibility of parole, the sentence must be executed without
reference to the unexpired term of imprisonment and without reference to
his eligibility for parole.
3. Whenever a person under sentence of imprisonment commits
another crime constituting a misdemeanor or gross misdemeanor, the court
shall provide expressly whether the sentence subsequently pronounced runs
concurrently or consecutively with the one first imposed.
4. Whenever a person under sentence of imprisonment commits
another crime for which the punishment is death, the sentence must be
executed without reference to the unexpired term of imprisonment.
5. This section does not prevent the State Board of Parole
Commissioners from paroling a person under consecutive sentences of
imprisonment from a current term of imprisonment to a subsequent term of
imprisonment.
(Added to NRS by 1967, 1432; A 1973, 181, 674; 1987, 591; 1997,
1187; 2001, 1936 )
1. Whenever a person convicted of a public offense in this State
is under sentence of imprisonment pronounced by another jurisdiction,
federal or state, whether or not the prior sentence is for the same
offense, the court in imposing any sentence for the offense committed in
this State may, in its discretion, provide that such sentence shall run
either concurrently or consecutively with the prior sentence.
2. If the court provides that the sentence shall run concurrently,
and the defendant is released by the other jurisdiction prior to the
expiration of the sentence imposed in this State, the defendant shall be
returned 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 Parole Commissioners directs that he be released on parole as
provided in that chapter.
3. If the court makes an order pursuant to this section, the clerk
of the court shall provide the Director of the Department of Corrections
with a certified copy of judgment and notification of the place of
out-of-state confinement.
4. If the court makes no order pursuant to this section, the
sentence imposed in this State shall not begin until the expiration of
all prior sentences imposed by other jurisdictions.
(Added to NRS by 1967, 1432; A 1973, 180; 1977, 859; 2001 Special
Session, 215 )
1. Except as otherwise provided in subsection 2, whenever a
sentence of imprisonment in the county jail or state prison is imposed,
the court may order that credit be allowed against the duration of the
sentence, including any minimum term thereof prescribed by law, for the
amount of time which the defendant has actually spent in confinement
before conviction, unless his confinement was pursuant to a judgment of
conviction for another offense. Credit allowed pursuant to this
subsection does not alter the date from which the term of imprisonment is
computed.
2. A defendant who is convicted of a subsequent offense which was
committed while he was:
(a) In custody on a prior charge is not eligible for any credit on
the sentence for the subsequent offense for time he has spent in
confinement on the prior charge, unless the charge was dismissed or he
was acquitted.
(b) Imprisoned in a county jail or state prison or on probation or
parole from a Nevada conviction is not eligible for any credit on the
sentence for the subsequent offense for the time he has spent in
confinement which is within the period of the prior sentence, regardless
of whether any probation 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 Community Service
1. Except as otherwise provided in subsection 2, when a defendant
pleads guilty or is found guilty of a misdemeanor, including the
violation of any municipal ordinance, the justice or judge shall include
in the sentence the sum prescribed by the following schedule as an
administrative assessment 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 perform community
service in lieu of a fine, the justice or judge shall include in the
sentence the amount of the administrative assessment that corresponds
with the fine for which the defendant would have been responsible as
prescribed by the schedule in 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 as imposing a
civil penalty or liability pursuant to NRS 244.3575 or 268.019 .
3. The money collected for an administrative assessment must not
be deducted from the fine imposed by the justice or judge but must be
taxed against the defendant in addition to the fine. The money collected
for an administrative assessment must be stated separately on the court’s
docket and must be included in the amount posted for bail. If bail is
forfeited, the administrative assessment included in the amount posted
for bail pursuant to this subsection must be disbursed in the manner set
forth in subsection 5 or 6. If the defendant is found not guilty or the
charges are dismissed, the money deposited with the court must be
returned to the defendant. If the justice or judge cancels a fine because
the fine has been determined to be uncollectible, any balance of the fine
and the administrative assessment remaining unpaid shall be deemed to be
uncollectible and the defendant is not required to pay it. If a fine is
determined to be uncollectible, the defendant is not entitled to a refund
of the fine or administrative assessment he has paid and the justice or
judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative
assessment to be paid in installments, the payments must be first applied
to the unpaid balance of the administrative assessment. The city
treasurer shall distribute partially collected administrative assessments
in accordance with the requirements of subsection 5. The county treasurer
shall distribute partially collected administrative assessments in
accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal
court must be paid by the clerk of the court to the city treasurer on or
before the fifth day of each month for the preceding month. The city
treasurer shall distribute, on or before the 15th day of that month, the
money received in the following amounts for each assessment received:
(a) Two dollars to the county treasurer for credit to a special
account in the county general fund for the use of the county’s juvenile
court or for services to juvenile offenders. Any money remaining in the
special account after 2 fiscal years must be deposited in the county
general fund if it has not been committed for expenditure. The county
treasurer shall provide, upon request by a juvenile court, monthly
reports of the revenue credited to and expenditures made from the special
account.
(b) Seven dollars for credit to a special revenue fund for the use
of the municipal courts. Any money remaining in the special revenue fund
after 2 fiscal years must be deposited in the municipal general fund if
it has not been committed for expenditure. The city treasurer shall
provide, upon request by a municipal court, monthly reports of the
revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for
credit to a special account in the State General Fund.
6. The money collected for administrative assessments in Justice
Courts must be paid by the clerk of the court to the county treasurer on
or before the fifth day of each month for the preceding month. The county
treasurer shall distribute, on or before the 15th day of that month, the
money received in the following amounts for each assessment received:
(a) Two dollars for credit to a special account in the county
general fund for the use of the county’s juvenile court or for services
to juvenile offenders. Any money remaining in the special account after 2
fiscal years must be deposited in the county general fund if it has not
been committed for expenditure. The county treasurer shall provide, upon
request by a juvenile court, monthly reports of the revenue credited to
and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use
of the Justice Courts. Any money remaining in the special revenue fund
after 2 fiscal years must be deposited in the county general fund if it
has not been committed for expenditure. The county treasurer shall
provide, upon request by a Justice Court, monthly reports of the revenue
credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for
credit to a special account in the State General Fund.
7. The money apportioned to a juvenile court, a Justice Court or a
municipal court pursuant to this section must be used, in addition to
providing services to juvenile offenders in the juvenile court, to
improve the operations of the court, or to acquire appropriate advanced
technology or the use of such technology, or both. Money used to improve
the operations 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 General Fund
pursuant to subsections 5 and 6, the State Controller shall distribute
the money received to the following public agencies in the following
manner:
(a) Not less than 51 percent to the Office of Court Administrator
for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed
to the Office of Court Administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the Office of
Court Administrator for the development of a uniform system for judicial
records.
(3) Nine percent of the amount distributed to the Office of
Court Administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the Office of
Court Administrator for the Supreme Court.
(5) Three and one-half percent of the amount distributed to
the Office of Court Administrator for the payment for the services of
retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of
legislative authorization for the support of:
(1) The Central Repository for Nevada Records of Criminal
History;
(2) The Peace Officers’ Standards and Training Commission;
(3) The operation by the Nevada Highway Patrol of a
computerized switching system for information related to law enforcement;
(4) The Fund for the Compensation of Victims of Crime; and
(5) The Advisory Council for Prosecuting Attorneys.
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 of Court
Administrator created pursuant to NRS 1.320 .
(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 )
1. A county or a city, upon recommendation of the appropriate
court, may, by ordinance, authorize the justices or judges of the Justice
or municipal Courts within its jurisdiction to impose for not longer than
50 years, in addition to the administrative assessments imposed pursuant
to NRS 176.059 and 176.0613 , an administrative assessment for the
provision of court facilities.
2. Except as otherwise provided in subsection 3, in any
jurisdiction in which an administrative assessment for the provision of
court facilities has been authorized, when a defendant pleads guilty or
is found guilty of a misdemeanor, including the violation of any
municipal ordinance, the justice or judge shall include in the sentence
the sum of $10 as an administrative assessment for the provision of court
facilities and render a judgment against the defendant for the
assessment. If the justice or judge sentences the defendant to perform
community service in lieu of a fine, the justice or judge shall include
in the sentence the administrative assessment required pursuant 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 as imposing a
civil penalty or liability pursuant to NRS 244.3575 or 268.019 .
4. The money collected for an administrative assessment for the
provision of court facilities must not be deducted from the fine imposed
by the justice or judge but must be taxed against the defendant in
addition to the fine. The money collected for such an administrative
assessment must be stated separately on the court’s docket and must be
included in the amount posted for bail. If bail is forfeited, the
administrative assessment included in the amount posted for bail pursuant
to this subsection must be disbursed in the manner set forth in
subsection 6 or 7. If the defendant is found not guilty or the charges
are dismissed, the money deposited with the court must be returned to the
defendant. If the justice or judge cancels a fine because the fine has
been determined to be uncollectible, any balance of the fine and the
administrative assessment remaining unpaid shall be deemed to be
uncollectible and the defendant is not required to pay it. If a fine is
determined to be uncollectible, the defendant is not entitled to a refund
of the fine or administrative assessment he has paid and the justice or
judge shall not recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative
assessment for the provision of court facilities to be paid in
installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment
imposed pursuant to NRS 176.059 ;
(b) To pay the unpaid balance of an administrative assessment for
the provision of court facilities pursuant to this section;
(c) To pay the unpaid balance of an administrative assessment for
the provision of specialty court programs pursuant to NRS 176.0613 ; and
(d) To pay the fine.
6. The money collected for administrative assessments for the
provision of court facilities in municipal courts must be paid by the
clerk of the court to the city treasurer on or before the fifth day of
each month for the preceding month. The city treasurer shall deposit the
money received in a special revenue fund. The city may use the money in
the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for
the municipal courts or a regional justice center that includes the
municipal courts.
(b) Construct or acquire additional facilities for the municipal
courts or a regional justice center that includes the municipal courts.
(c) Renovate or remodel existing facilities for the municipal
courts.
(d) Acquire furniture, fixtures and equipment necessitated by the
construction or acquisition of additional facilities or the renovation of
an existing facility for the municipal courts or a regional justice
center that includes the municipal courts. This paragraph does not
authorize the expenditure of money from the fund for furniture, fixtures
or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or
renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3
of NRS 350.020 for the acquisition of land or facilities or the construction
or renovation of facilities for the municipal courts or a regional
justice center that includes the municipal courts.
Ê Any money remaining in the special revenue fund after 5 fiscal years
must be deposited in the municipal general fund for the continued
maintenance of court facilities if it has not been committed for
expenditure pursuant to a plan for the construction or acquisition of
court facilities or improvements to court facilities. The city treasurer
shall provide, upon request by a municipal court, monthly reports of the
revenue credited to and expenditures made from the special revenue fund.
7. The money collected for administrative assessments for the
provision of court facilities in Justice Courts must be paid by the clerk
of the court to the county treasurer on or before the fifth day of each
month for the preceding month. The county treasurer shall deposit the
money received to a special revenue fund. The county may use the money in
the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for
the Justice Courts or a regional justice center that includes the Justice
Courts.
(b) Construct or acquire additional facilities for the Justice
Courts or a regional justice center that includes the Justice Courts.
(c) Renovate or remodel existing facilities for the Justice Courts.
(d) Acquire furniture, fixtures and equipment necessitated by the
construction or acquisition of additional facilities or the renovation of
an existing facility for the Justice Courts or a regional justice center
that includes the Justice Courts. This paragraph does not authorize the
expenditure of money from the fund for furniture, fixtures or equipment
for judicial chambers.
(e) Acquire advanced technology for use in the additional or
renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3
of NRS 350.020 for the acquisition of land or facilities or the construction
or renovation of facilities for the Justice Courts or a regional justice
center that includes the Justice Courts.
Ê Any money remaining in the special revenue fund after 5 fiscal years
must be deposited in the county general fund for the continued
maintenance of court facilities if it has not been committed for
expenditure pursuant to a plan for the construction or acquisition of
court facilities or improvements to court facilities. The county
treasurer shall provide, upon request by a Justice Court, monthly reports
of the revenue credited to and expenditures made from the special revenue
fund.
8. If money collected pursuant to this section is to be used to
acquire land on which to construct a regional justice center, to
construct a regional justice center or to pay debt service on bonds
issued for these purposes, the county and the participating cities shall,
by interlocal agreement, determine such issues as the size of the
regional justice center, the manner in which the center will be used and
the apportionment of fiscal responsibility for the center.
(Added to NRS by 1995, 1024; A 1995, 2482; 1997, 140; 2003, 526
, 1463 , 2100 )
1. The justices or judges of the Justice or municipal Courts shall
impose, in addition to an administrative assessment imposed pursuant to
NRS 176.059 and 176.0611 , an administrative assessment for the
provision of specialty court programs.
2. Except as otherwise provided in subsection 3, when a defendant
pleads guilty or is found guilty of a misdemeanor, including the
violation of any municipal ordinance, the justice or judge shall include
in the sentence the sum of $7 as an administrative assessment for the
provision of specialty court programs and render a judgment against the
defendant for the assessment. If a defendant is sentenced to perform
community service in lieu of a fine, the sentence must include the
administrative assessment required pursuant 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 as imposing a
civil penalty or liability pursuant to NRS 244.3575 or 268.019 .
4. The money collected for an administrative assessment for the
provision of specialty court programs must not be deducted from the fine
imposed by the justice or judge but must be taxed against the defendant
in addition to the fine. The money collected for such an administrative
assessment must be stated separately on the court’s docket and must be
included in the amount posted for bail. If bail is forfeited, the
administrative assessment included in the bail pursuant to this
subsection must be disbursed pursuant to subsection 6 or 7. If the
defendant is found not guilty or the charges are dismissed, the money
deposited with the court must be returned to the defendant. If the
justice or judge cancels a fine because the fine has been determined to
be uncollectible, any balance of the fine and the administrative
assessment remaining unpaid shall be deemed to be uncollectible and the
defendant is not required to pay it. If a fine is determined to be
uncollectible, the defendant is not entitled to a refund of the fine or
administrative assessment he has paid and the justice or judge shall not
recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative
assessment for the provision of specialty court programs to be paid in
installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment
imposed pursuant to NRS 176.059 ;
(b) To pay the unpaid balance of an administrative assessment for
the provision of court facilities pursuant to NRS 176.0611 ;
(c) To pay the unpaid balance of an administrative assessment for
the provision of specialty court programs; and
(d) To pay the fine.
6. The money collected for an administrative assessment for the
provision of specialty court programs in municipal court must be paid by
the clerk of the court to the city treasurer on or before the fifth day
of each month for the preceding month. On or before the 15th day of that
month, the city treasurer shall deposit the money received for each
administrative assessment with the State Controller for credit to a
special account in the State General Fund administered by the Office of
Court Administrator.
7. The money collected for an administrative assessment for the
provision of specialty court programs in Justice Courts must be paid by
the clerk of the court to the county treasurer on or before the fifth day
of each month for the preceding month. On or before the 15th day of that
month, the county treasurer shall deposit the money received for each
administrative assessment with the State Controller for credit to a
special account in the State General Fund administered by the Office of
Court Administrator.
8. The Office of Court Administrator shall allocate the money
credited to the State General Fund pursuant to subsections 6 and 7 to
courts to assist with the funding or establishment of specialty court
programs.
9. Money that is apportioned to a court from administrative
assessments for the provision of specialty court programs must be used by
the court to:
(a) Pay for the treatment and testing of persons who participate in
the program; and
(b) Improve the operations of the specialty court program by any
combination of:
(1) Acquiring necessary capital goods;
(2) Providing for personnel to staff and oversee the
specialty court program;
(3) Providing training and education to personnel;
(4) Studying the management and operation of the program;
(5) Conducting audits of the program;
(6) Supplementing the funds used to pay for judges 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 of Court
Administrator created pursuant to NRS 1.320 ; and
(b) “Specialty court program” means a program established by a
court to facilitate testing, treatment and oversight of certain persons
over whom the court has jurisdiction and who the court has determined
suffer from a mental illness or abuses alcohol or drugs. Such a program
includes, without limitation, a program established pursuant to NRS
176A.250 or 453.580 .
(Added to NRS by 2003, 2096 )
1. When a defendant pleads guilty or is found guilty of a felony
or gross misdemeanor, the judge shall include in the sentence the sum of
$25 as an administrative assessment and render a judgment against the
defendant for the assessment.
2. The money collected for an administrative assessment:
(a) Must not be deducted from any fine imposed by the judge;
(b) Must be taxed against the defendant in addition to the fine; and
(c) Must be stated separately on the court’s docket.
3. The money collected for administrative assessments in district
courts must be paid by the clerk of the court to the county treasurer on
or before the fifth day of each month for the preceding month. The county
treasurer shall distribute, on or before the 15th day of that month, the
money received in the following amounts for each assessment received:
(a) Five dollars for credit to a special account in the county
general fund for the use of the district court.
(b) The remainder of each assessment to the State Controller.
4. The State Controller shall credit the money received pursuant
to subsection 3 to a special account for the assistance of criminal
justice in the State General Fund, and distribute the money from the
account to the Attorney General as authorized by the Legislature. Any
amount received in excess of the amount authorized by the Legislature for
distribution must remain in the account.
(Added to NRS by 1987, 846; A 1991, 1153; 1995, 2455; 2001, 2921
; 2003, 1465 )
1. If a fine, administrative assessment, fee or restitution is
imposed upon a defendant pursuant to this chapter, whether or not the
fine, administrative assessment, fee or restitution is in addition to any
other punishment, and the fine, administrative assessment, fee or
restitution or any part of it remains unpaid after the time established
by the court for its payment, the defendant is liable for a collection
fee, to be imposed by the court at the time it finds that the fine,
administrative assessment, fee or restitution is delinquent, of:
(a) Not more than $100, if the amount of the delinquency is less
than $2,000.
(b) Not more than $500, if the amount of the delinquency is $2,000
or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency, if the amount of
the delinquency is $5,000 or greater.
2. A state or local entity that is responsible for collecting a
delinquent fine, administrative assessment, fee or restitution may, in
addition to attempting to collect the fine, administrative assessment,
fee or restitution through any other lawful means, take any or all of the
following actions:
(a) Report the delinquency to reporting agencies that assemble or
evaluate information concerning credit.
(b) Request that the court take appropriate action pursuant to
subsection 3.
(c) Contract with a collection agency licensed pursuant to NRS
649.075 to collect the delinquent amount and the collection fee. The
collection agency must be paid as compensation for its services an amount
not greater than the amount of the collection fee imposed pursuant to
subsection 1, in accordance with the provisions of the contract.
3. The court may, on its own motion or at the request of a state
or local entity that is responsible for collecting the delinquent fine,
administrative assessment, fee or restitution, take any or all of the
following actions, in the following order of priority if practicable:
(a) Request that a prosecuting attorney undertake collection of the
delinquency, including, without limitation, the original amount and the
collection fee, by attachment or garnishment of the defendant’s property,
wages or other money receivable.
(b) Order the suspension of the driver’s license of the defendant.
If the defendant does not possess a driver’s license, the court may
prohibit the defendant from applying for a driver’s license for a
specified period. If the defendant is already the subject of a court
order suspending or delaying the issuance of his driver’s license, the
court may order the additional suspension or delay, as appropriate, to
apply consecutively with the previous order. At the time the court issues
an order suspending the driver’s license of a defendant pursuant to this
paragraph, the court shall require the defendant to surrender to the
court all driver’s licenses then held by the defendant. The court shall,
within 5 days after issuing the order, forward to the Department of Motor
Vehicles the licenses, together with a copy of the order. At the time the
court issues an order pursuant to this paragraph delaying the ability of
a defendant to apply for a driver’s license, the court shall, within 5
days after issuing the order, forward to the Department of Motor Vehicles
a copy of the order. The Department of Motor Vehicles shall report a
suspension pursuant to this paragraph to an insurance company or its
agent inquiring about the defendant’s driving record, but such a
suspension must 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 or detention
facility, as provided in NRS 176.065
and 176.075 .
4. Money collected from a collection fee imposed pursuant to
subsection 1 must be distributed in the following manner:
(a) Except as otherwise provided in paragraph (d), if the money is
collected by or on behalf of a municipal court, the money must be
deposited in a special fund in the appropriate city treasury. The city
may use the money in the fund only to develop and implement a program for
the collection of fines, administrative assessments, fees and restitution.
(b) Except as otherwise provided in paragraph (d), if the 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 county treasury.
The county may use the money in the special fund only to develop and
implement a program for the collection of fines, administrative
assessments, fees and restitution.
(c) Except as otherwise provided in paragraph (d), if the money is
collected by a state entity, the money must be deposited in an account,
which is hereby created in the State Treasury. The Court Administrator
may use the money in the account only to develop and implement a program
for the collection of fines, administrative assessments, fees and
restitution in this 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 the
contract, any remaining money must be deposited in the state, city or
county treasury, whichever is appropriate, to be used only for the
purposes set forth in paragraph (a), (b) or (c) of this subsection.
(Added to NRS by 1997, 899; A 1999, 425 ; 2001, 2569 )
1. Except as otherwise provided in subsection 2, when a person is
sentenced to both fine and imprisonment, or to pay a forfeiture in
addition to imprisonment, the court may, pursuant to NRS 176.064 , order that the person be confined in the
state prison, the city or county jail or a detention facility, whichever
is designated in his sentence of imprisonment, for an additional period
of 1 day for each $75 of the amount until the administrative assessment
and the fine or forfeiture are satisfied or the maximum term of
imprisonment prescribed by law for the offense committed has elapsed,
whichever is earlier, but his eligibility for parole is governed only by
his sentence of imprisonment.
2. The provisions of this section do not apply to indigent persons.
(Added to NRS by 1967, 1433; A 1973, 32; 1983, 434, 908; 1989,
1178; 1997, 901)
1. Except as otherwise provided in subsection 2, when a person is
sentenced to pay a fine or forfeiture without an accompanying sentence of
imprisonment, the court may, pursuant to NRS 176.064 , order that the person be confined in the city
or county jail or detention facility for a period of not more than 1 day
for each $75 of the amount until the administrative assessment and the
fine or forfeiture are satisfied.
2. The provisions of this section do not apply to indigent persons.
(Added to NRS by 1967, 1433; A 1983, 434, 908; 1989, 1178; 1997,
901)
Whenever, after a fine and
administrative assessment have been imposed but before they have been
discharged by payment or confinement, it is made to appear to the judge
or justice imposing the fine or administrative assessment or his
successor:
1. That the fine or administrative assessment is excessive in
relation to the financial resources of the defendant, the judge or
justice or his successor may reduce the fine accordingly.
2. That the discharge of the fine or administrative assessment is
not within the defendant’s present financial ability to pay, the judge or
justice or his successor may direct that the fine be paid in installments.
(Added to NRS by 1967, 1433; A 1973, 388; 1983, 908)
1. Except where the imposition of a specific criminal penalty is
mandatory, a court may order a convicted person to perform supervised
community service:
(a) In lieu of all or a part of any fine or imprisonment that may
be imposed for the commission of a misdemeanor; or
(b) As a condition of probation granted for another offense.
2. The community service must be performed for and under the
supervising authority of a county, city, town or other political
subdivision or agency of the State of Nevada or a charitable organization
that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the
court a reasonable sum of money to pay for the cost of policies of
insurance against liability for personal injury and damage to property or
for industrial insurance, or both, during those periods in which he
performs the community service, unless, in the case of industrial
insurance, it is provided by the authority for which he performs the
community service.
4. The following conditions apply to any such community service
imposed by the court:
(a) The court must fix the period of community service that is
imposed as punishment or a condition of probation and distribute the
period over weekends or over other appropriate times that will allow the
convicted person to continue at his employment and to care for his
family. The period 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 must agree to
accept the convicted person for community service before the court may
require him to perform community service for that supervising authority.
The supervising authority must be located in or be the town or city of
the convicted person’s residence or, if that placement is not possible,
one located within the jurisdiction of the court or, if that placement is
not possible, the authority may be located outside the jurisdiction of
the court.
(c) Community service that a court requires pursuant to this
section must be supervised by an official of the supervising authority or
by a person designated by the authority.
(d) The court may require the supervising authority to report
periodically to the court or to a probation officer the convicted
person’s 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
As used in NRS 176.0911 to 176.0917 , inclusive, unless the context otherwise
requires, “CODIS” means the Combined DNA Indexing System operated by the
Federal Bureau of Investigation.
(Added to NRS by 1997, 1668; A 2001, 3032 )
1. If a defendant is convicted of an offense listed in subsection
4, the court, at sentencing, shall order that:
(a) The name, social security number, date of birth and any other
information identifying the defendant be submitted to the Central
Repository for Nevada Records of Criminal History; and
(b) A biological specimen be obtained from the defendant pursuant
to the provisions of this section and that the specimen be used for an
analysis to determine the genetic markers of the specimen.
2. If the defendant is committed to the custody of the Department
of Corrections, the Department of Corrections shall arrange for the
biological specimen to be obtained from the defendant. The Department of
Corrections shall provide the specimen to the forensic laboratory that
has been designated by the county in which the defendant was convicted to
conduct or oversee genetic marker testing for the county pursuant to NRS
176.0917 .
3. If the defendant is not committed to the custody of the
Department of Corrections, the Division shall arrange for the biological
specimen to be obtained from the defendant. The Division shall provide
the specimen to the forensic laboratory that has been designated by the
county in which the defendant was convicted to conduct or oversee genetic
marker testing for the county pursuant to NRS 176.0917 . Any cost that is incurred to obtain a
biological specimen from a defendant pursuant to this subsection is a
charge against the county in which the defendant was convicted and must
be paid as provided in NRS 176.0915 .
4. Except as otherwise provided in subsection 5, the provisions 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 threatened use 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 vulnerable person
pursuant to NRS 200.5099 ;
(g) A second or subsequent offense for stalking pursuant to NRS
200.575 ;
(h) An attempt or conspiracy to commit an offense listed in
paragraphs (a) to (g), inclusive;
(i) Failing to register with a local law enforcement agency as a
convicted person as required pursuant to NRS 179C.100 , if the defendant previously was:
(1) Convicted in this State of committing an offense listed
in paragraph (a), (b), (c), (f), (g) or (h); or
(2) Convicted in another jurisdiction of committing 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 enforcement agency after
being convicted of a crime against a child as required pursuant to NRS
179D.240 ; or
(k) Failing to register with a local law enforcement agency after
being convicted of a sexual offense as required pursuant to NRS 179D.450
.
5. A court shall not order a biological specimen to be obtained
from a defendant who has previously submitted such a specimen for
conviction of a prior offense unless the court determines that an
additional sample 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 )
1. If the court orders that a biological specimen be obtained from
a defendant pursuant to NRS 176.0913 ,
the court, in addition to any other penalty, shall order the defendant,
to the extent of his financial ability, to pay the sum of $150 as a fee
for obtaining the specimen and for conducting the analysis to determine
the genetic markers of the specimen. The fee:
(a) Must be stated separately in the judgment of the court or on
the docket of the court;
(b) Must be collected from the defendant before or at the same time
that any fine imposed by the court is collected from the defendant; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be
paid by the clerk of the court to the county treasurer on or before the
fifth day of each month for the preceding month.
3. The board of county commissioners of each county shall by
ordinance create in the county treasury a fund to be designated as the
fund for genetic marker testing. The county treasurer shall deposit money
that is 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 the money deposited
in the fund for genetic marker testing to pay for the actual amount
charged to the county for obtaining a biological specimen from a
defendant pursuant to NRS 176.0913 .
5. If money remains in the fund after the county treasurer makes
the payments required by subsection 4, the county treasurer shall pay the
remaining money each month to the forensic laboratory that is designated
by the county pursuant to NRS 176.0917
to conduct or oversee genetic marker testing for the county. A forensic
laboratory that receives money pursuant to this subsection shall use the
money to:
(a) Maintain and purchase equipment and supplies relating to
genetic marker testing, including, but not limited to, equipment and
supplies required by the Federal Bureau of Investigation for
participation in CODIS; and
(b) Pay for the training and continuing education, including, but
not limited to, the reasonable travel expenses, of employees of the
forensic laboratory who conduct or oversee genetic marker testing.
(Added to NRS by 1997, 1668; A 2001, 3033 )
1. If the Division is supervising a probationer or parolee
pursuant to an interstate compact and the probationer or parolee is or
has been convicted in another jurisdiction of violating a law that
prohibits the same or similar conduct as an offense listed in subsection
4 of NRS 176.0913 , the Division shall
arrange for a biological specimen to be obtained from the probationer or
parolee.
2. After a biological specimen is obtained from a probationer or
parolee pursuant to this section, the Division shall:
(a) Provide the biological specimen to the forensic laboratory that
has been designated by the county in which the probationer or parolee is
residing to conduct or oversee genetic marker testing for the county
pursuant to NRS 176.0917 ; and
(b) Submit the name, social security number, date of birth and any
other information identifying the probationer or parolee to the Central
Repository for Nevada Records of Criminal History.
3. A probationer or parolee, to the extent of his financial
ability, shall pay the sum of $150 to the Division as a fee for obtaining
the biological specimen and for conducting the analysis to determine the
genetic markers of the biological specimen. Except as otherwise provided
in subsection 4, the fee required pursuant to this subsection must be
collected from a probationer or parolee at the time the biological
specimen is obtained from the probationer or parolee.
4. A probationer or parolee may arrange to make monthly payments
of the fee required pursuant to subsection 3. If such arrangements are
made, the Division shall provide a probationer or parolee with a monthly
statement that specifies the date on which the next payment is due.
5. Any unpaid balance for a fee required pursuant to subsection 3
is a charge against the Division.
6. The Division shall deposit money that is collected pursuant to
this section in the Fund for Genetic Marker Testing, which is hereby
created in the State General Fund. The money deposited in the Fund for
Genetic Marker Testing must be used to pay for the actual amount charged
to the Division for obtaining biological specimens from probationers and
parolees, and for conducting an analysis to determine the genetic markers
of the specimens.
(Added to NRS by 2001, 3032 )
1. The board of county commissioners of each county shall
designate a forensic laboratory to conduct or oversee for the county any
genetic marker testing that is ordered or arranged pursuant to NRS
176.0913 or 176.0916 .
2. The forensic laboratory designated by the board of county
commissioners pursuant to subsection 1:
(a) Must be operated by this State or one of its political
subdivisions; and
(b) Must satisfy or exceed the standards for quality assurance that
are established by the Federal Bureau of Investigation for participation
in CODIS.
(Added to NRS by 1997, 1668; A 2001, 3034 )
1. A person convicted of a crime and under sentence of death who
meets the requirements of this section may file a postconviction petition
requesting a genetic marker analysis of evidence within the possession or
custody of the State which may contain genetic marker information
relating to the investigation or prosecution that resulted in the
judgment of conviction and sentence of death. The petition must include,
without limitation, the date scheduled for the execution, if it has been
scheduled.
2. Such a petition must be filed with the clerk of the district
court for the county in which the petitioner was convicted on a form
prescribed by the Department of Corrections. A copy of the petition must
be served by registered mail upon:
(a) The Attorney General; and
(b) The district attorney in the county in which the petitioner was
convicted.
3. If a petition is filed pursuant to this section, the court
shall determine which person or agency has possession or custody of the
evidence and shall immediately issue an order requiring, during the
pendency of the proceeding, each person or agency in possession or
custody of the evidence to:
(a) Preserve all evidence within the possession or custody of the
person or agency that may be subjected to genetic marker analysis
pursuant to this section;
(b) Within 30 days, prepare an inventory of all evidence within the
possession or custody of the person or agency that may be subjected to
genetic marker analysis pursuant to this section; and
(c) Within 30 days, submit a copy of the inventory to the
petitioner, the prosecuting attorney and the court.
4. Within 30 days after the inventory of all evidence is prepared
pursuant to subsection 3, the prosecuting attorney may file a written
response to the petition with the court.
5. The court shall hold a hearing on a petition filed pursuant to
this section.
6. The court shall order a genetic marker analysis if the court
finds that:
(a) A reasonable possibility exists that the petitioner would not
have been prosecuted or convicted if exculpatory results had been
obtained through a genetic marker analysis of the evidence identified in
the petition;
(b) The evidence to be analyzed exists; and
(c) The evidence was not previously subjected to:
(1) A genetic marker analysis involving the petitioner; or
(2) The method of analysis requested in the petition, and
the method of additional analysis may resolve an issue not resolved by a
previous analysis.
7. If the court orders a genetic marker analysis pursuant to
subsection 6, the court shall:
(a) Order the analysis to be conducted promptly under reasonable
conditions designed to protect the interest of the State in the integrity
of the evidence and the analysis process.
(b) Select a forensic laboratory to conduct or oversee the
analysis. The forensic laboratory selected by the court must:
(1) Be operated by this state or one of its political
subdivisions, when possible; and
(2) Satisfy the standards for quality assurance that are
established for forensic laboratories by the Federal Bureau of
Investigation.
(c) Order the forensic laboratory selected pursuant to paragraph
(b) to perform a genetic marker analysis of evidence. The analysis to be
performed and evidence to be analyzed must:
(1) Be specified in the order; and
(2) Include such analysis, testing and comparison of genetic
marker information contained in the evidence and the genetic marker
information of the petitioner as the court determines appropriate under
the circumstances.
(d) Order the production of any reports that are prepared by a
forensic laboratory in connection with the analysis and any data and
notes upon which the report is based.
(e) Order the preservation of evidence used in a genetic marker
analysis performed pursuant to this section for purposes of a subsequent
proceeding or analysis, if any.
8. If the results of a genetic marker analysis performed pursuant
to this section are favorable to the petitioner:
(a) The petitioner may bring a motion for a new trial based on the
ground of newly discovered evidence pursuant to NRS 176.515 ; and
(b) The restriction on the time for filing the motion set forth in
subsection 3 of NRS 176.515 is not
applicable.
9. The court shall dismiss a petition filed pursuant to this
section if:
(a) The requirements for ordering a genetic marker analysis
pursuant to this section are not satisfied; or
(b) The results of a genetic marker analysis performed pursuant to
this section are not favorable to the petitioner.
10. For the purposes of a genetic marker analysis pursuant to this
section, a person under sentence of death who files a petition pursuant
to this section shall be deemed to consent to the:
(a) Submission of a biological specimen by him to determine his
genetic marker information; and
(b) Release and use of genetic marker information concerning the
petitioner.
11. The expense of an analysis ordered pursuant to this section is
a charge against the Department of Corrections and must be paid upon
approval by the Board of State Prison Commissioners as other claims
against the State are paid.
12. The remedy provided by this section is in addition to, is not
a substitute for and is not exclusive of any other remedy, right of
action or proceeding available to a person convicted of a crime and under
sentence of death.
(Added to NRS by 2003, 1892 )
1. After a judge grants a petition requesting a genetic marker
analysis pursuant to NRS 176.0918 , if
a judge determines that the genetic marker analysis cannot be completed
before the date of the execution of the petitioner, the judge shall stay
the execution of the judgment of death pending the results of the
analysis.
2. If the results of an analysis ordered and conducted pursuant to
NRS 176.0918 are not favorable to the
petitioner:
(a) Except as otherwise provided in paragraph (b), the Director of
the Department of Corrections shall, in due course, execute the judgment
of death.
(b) If the judgment of death has been stayed pursuant to subsection
1, the judge shall cause a certified copy of his order staying the
execution of the judgment and a certified copy of the report of genetic
marker analysis that indicates results which are not favorable to the
petitioner to be immediately forwarded by the clerk of the court to the
district attorney. Upon receipt, the district attorney shall pursue the
issuance of a new warrant of execution of the judgment of death in the
manner provided in NRS 176.495 .
(Added to NRS by 2003, 1894 )
Sex Offenders and Offenders Convicted of a Crime Against a Child
As used in NRS 176.0921 to 176.0927 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 176.0922 to 176.0925 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 1666)
“Central Repository”
means the Central Repository for Nevada Records of Criminal History.
(Added to NRS by 1997, 1666)
“Crime against a
child” has the meaning ascribed to it in NRS 179D.210 .
(Added to NRS by 1997, 1666)
“Record of
registration” has the meaning ascribed to it in NRS 179D.070 .
(Added to NRS by 1997, 1666)
“Sexual offense” has the
meaning ascribed to it in NRS 179D.410 .
(Added to NRS by 1997, 1666)
[Effective through June 30, 2006.]
1. If a defendant is convicted of a crime against a child, the
court shall, before imposing sentence:
(a) Notify the Central Repository of the conviction of the
defendant, so the Central Repository may carry out the provisions for
registration of the defendant pursuant to NRS 179D.230 .
(b) Inform the defendant of the requirements for registration,
including, but not limited to:
(1) The duty to register in this State during any period in
which he is a resident of this State or a nonresident who is a student or
worker within this State and the time within which he is required to
register pursuant to NRS 179D.240 ;
(2) The duty to register in any other jurisdiction during
any period in which he is a resident of the other jurisdiction or a
nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this State to another jurisdiction, the
duty to register with the appropriate law enforcement agency in the other
jurisdiction;
(4) The duty to notify the local law enforcement agency in
whose jurisdiction he formerly resided, in person or in writing, if he
changes the address at which he resides, including if he moves from this
State to another jurisdiction, or changes the primary address at which he
is a student or worker; and
(5) The duty to notify immediately the appropriate local law
enforcement agency if the defendant is, expects to be or becomes enrolled
as a student at an institution of higher education or changes the date of
commencement or termination of his enrollment at an institution of higher
education or if the defendant is, expects to be or becomes a worker at an
institution of higher education or changes the date of commencement or
termination of his work at an institution of higher education.
(c) Require the defendant to read and sign a form confirming that
the requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or
confirmation form required by paragraphs (b) and (c) of subsection 1 does
not affect the duty of the defendant to register and to comply 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 )
[Effective July 1, 2006.]
1. If a defendant is convicted of a crime against a child, the
court shall, following the imposition of a sentence:
(a) Notify the Central Repository of the conviction of the
defendant, so the Central Repository may carry out the provisions for
registration of the defendant pursuant to NRS 179D.230 .
(b) Inform the defendant of the requirements for registration,
including, but not limited to:
(1) The duty to register in this State during any period in
which he is a resident of this State or a nonresident who is a student or
worker within this State and the time within which he is required to
register pursuant to NRS 179D.240 ;
(2) The duty to register in any other jurisdiction during
any period in which he is a resident of the other jurisdiction or a
nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this State to another jurisdiction, the
duty to register with the appropriate law enforcement agency in the other
jurisdiction;
(4) The duty to notify the local law enforcement agency in
whose jurisdiction he formerly resided, in person or in writing, if he
changes the address at which he resides, including if he moves from this
State to another jurisdiction, or changes the primary address at which he
is a student or worker; and
(5) The duty to notify immediately the appropriate local law
enforcement agency if the defendant is, expects to be or becomes enrolled
as a student at an institution of higher education or changes the date of
commencement or termination of his enrollment at an institution of higher
education or if the defendant is, expects to be or becomes a worker at an
institution of higher education or changes the date of commencement or
termination of his work at an institution of higher education.
(c) Require the defendant to read and sign a form confirming that
the requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or
confirmation form required by paragraphs (b) and (c) of subsection 1 does
not affect the duty of the defendant to register and to comply 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)
[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 of the
defendant, so the Central Repository may carry out the provisions for
registration of the defendant pursuant to NRS 179D.450 .
(b) Inform the defendant of the requirements for registration,
including, but not limited to:
(1) The duty to register in this State during any period in
which he is a resident of this State or a nonresident who is a student or
worker within this State and the time within which he is required to
register pursuant to NRS 179D.460 ;
(2) The duty to register in any other jurisdiction during
any period in which he is a resident of the other jurisdiction or a
nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this State to another jurisdiction, the
duty to register with the appropriate law enforcement agency in the other
jurisdiction;
(4) The duty to notify the local law enforcement agency in
whose jurisdiction he formerly resided, in person or in writing, if he
changes the address at which he resides, including if he moves from this
State to another jurisdiction, or changes the primary address at which he
is a student or worker; and
(5) The duty to notify immediately the appropriate local law
enforcement agency if the defendant is, expects to be or becomes enrolled
as a student at an institution of higher education or changes the date of
commencement or termination of his enrollment at an institution of higher
education or if the defendant is, expects to be or becomes a worker at an
institution of higher education or changes the date of commencement or
termination of his work at an institution of higher education.
(c) Require the defendant to read and sign a form stating that the
requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or
confirmation form required by paragraphs (b) and (c) of subsection 1 does
not affect the duty of the defendant to register and to comply 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 )
[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 of the
defendant, so the Central Repository may carry out the provisions for
registration of the defendant pursuant to NRS 179D.450 .
(b) Inform the defendant of the requirements for registration,
including, but not limited to:
(1) The duty to register in this State during any period in
which he is a resident of this State or a nonresident who is a student or
worker within this State and the time within which he is required to
register pursuant to NRS 179D.460 ;
(2) The duty to register in any other jurisdiction during
any period in which he is a resident of the other jurisdiction or a
nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this State to another jurisdiction, the
duty to register with the appropriate law enforcement agency in the other
jurisdiction;
(4) The duty to notify the local law enforcement agency in
whose jurisdiction he formerly resided, in person or in writing, if he
changes the address at which he resides, including if he moves from this
State to another jurisdiction, or changes the primary address at which he
is a student or worker; and
(5) The duty to notify immediately the appropriate local law
enforcement agency if the defendant is, expects to be or becomes enrolled
as a student at an institution of higher education or changes the date of
commencement or termination of his enrollment at an institution of higher
education or if the defendant is, expects to be or becomes a worker at an
institution of higher education or changes the date of commencement or
termination of his work at an institution of higher education.
(c) Require the defendant to read and sign a form stating that the
requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or
confirmation form required by paragraphs (b) and (c) of subsection 1 does
not affect the duty of the defendant to register and to comply 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
1. If a defendant is convicted of a sexual offense, the court
shall include in sentencing, in addition to any other penalties provided
by law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision commences after
any period of probation or any term of imprisonment and any period of
release on parole.
3. A person sentenced to lifetime supervision may petition the
sentencing court or the State Board of Parole Commissioners for release
from lifetime supervision. The sentencing court or the Board shall grant
a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions
of NRS 179D.350 to 179D.550 , inclusive;
(b) The person has not been convicted of an offense that poses a
threat to the safety or well-being of others for an interval of at least
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 the safety of
others, as determined by a person professionally qualified to conduct
psychosexual evaluations, if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to
the provisions of subsection 3 remains subject to the provisions for
registration as a sex offender and to the provisions for community
notification, unless he is otherwise relieved from the operation of those
provisions pursuant to the provisions of NRS 179D.350 to 179D.800 , inclusive.
5. As used in this section:
(a) “Offense that poses a threat to the safety or well-being of
others” has the meaning ascribed to it in NRS 179D.060 .
(b) “Person professionally qualified to conduct psychosexual
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 NRS 201.195 , NRS 201.230
or 201.450 or paragraph (a) or (b) of
subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560
;
(2) An attempt to commit an offense listed in subparagraph
(1); or
(3) An act of murder in the first or second degree,
kidnapping in the first or second degree, false imprisonment, burglary or
invasion of the home if the act is determined to be sexually motivated at
a hearing conducted pursuant to NRS 175.547 .
(Added to NRS by 1995, 414; A 1997, 1671; 2001, 2789 ; 2003, 1381 ; 2005, 2862 )
Miscellaneous Provisions
The State Board of Parole Commissioners may
direct that any prisoner confined in the state prison, or confined in
another jurisdiction as provided in NRS 176.045 , shall be released on parole as provided in
chapter 213 of NRS, if eligible for parole
under the provisions of such chapter.
(Added to NRS by 1967, 1433; A 1973, 180)
1. If a defendant is found guilty and is sentenced as provided by
law, the judgment of conviction must set forth:
(a) The plea;
(b) The verdict or finding;
(c) The adjudication and sentence, including the date of the
sentence, any term of imprisonment, the amount and terms of any fine,
restitution or administrative assessment, a reference to the statute
under which the defendant is sentenced and, if necessary to determine
eligibility for parole, the applicable provision of the statute; and
(d) The exact amount of credit granted for time spent in
confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason
is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the
clerk.
(Added to NRS by 1967, 1433; A 1973, 161; 1979, 1124; 1989, 938;
1993, 78; 1997, 905)
1. In all cases of criminal prosecution where the defendant is not
found guilty, the court may require the complainant, if it appears that
the prosecution was malicious or without probable cause, to pay the costs
of the action, or to give security to pay the same within 30 days.
2. If the complainant does not comply with the order of the court,
judgment may be entered against him for the amount thereof.
3. Such judgments may be enforced and appealed from in the same
manner as those rendered in civil actions.
(Added to NRS by 1967, 1433)
When judgment upon a conviction is
rendered, the clerk shall, within 5 days, annex together and file the
following papers, which shall constitute the record of the action:
1. A copy of the minutes of any challenge which may have been
interposed by the defendant to the panel of the grand jury, or to any
individual grand juror, and the proceedings thereon.
2. The indictment or information and a copy of the minutes of the
plea.
3. A copy of the minutes of any challenge which may have 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 law deemed excepted
to, if such decision is in writing, and a copy of the minutes showing 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, used on the
hearing of a motion for a new trial.
(Added to NRS by 1967, 1433)
INVESTIGATION BY DIVISION OF PAROLE AND PROBATION
As used in NRS 176.133 to 176.159 ,
inclusive, unless the context otherwise requires:
1. “Person professionally qualified to conduct psychosexual
evaluations” means a person who has received training in conducting
psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this 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 master’s degree in social work and
licensed in this State as a clinical social worker;
(d) A registered nurse holding a master’s degree in the field of
psychiatric nursing and licensed to practice professional nursing in this
State; or
(e) A marriage and family therapist licensed in this State pursuant
to chapter 641A of NRS.
2. “Psychosexual evaluation” means an evaluation conducted
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 assault pursuant to NRS
200.400 ;
(d) Abuse of a child pursuant to NRS 200.508 , if the abuse involved sexual abuse or sexual
exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730 , inclusive;
(f) Incest pursuant to NRS 201.180 ;
(g) Solicitation of a minor to engage in acts constituting 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 to NRS 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 in paragraphs (a) to
(l), inclusive, if punished as a felony; or
(n) An offense that is determined to be sexually motivated pursuant
to NRS 175.547 or 207.193 .
(Added to NRS by 1997, 1637; A 1999, 1188 ; 2001, 2790 ; 2003, 1381 )
1. Except as otherwise provided in this section and NRS 176.151
, the Division shall make a presentence
investigation and report to the court on each defendant who pleads guilty
or nolo contendere to or is found guilty of a felony.
2. If a defendant is convicted of a felony that is a sexual
offense, the presentence investigation and report:
(a) Must be made before the imposition of sentence or the granting
of probation; and
(b) If the sexual offense is an offense for which the suspension of
sentence or the granting of probation is permitted, must include a
psychosexual evaluation of the defendant.
3. If a defendant is convicted of a felony other than a sexual
offense, the presentence investigation and report must be made before the
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 defendant has been made
by the Division within the 5 years immediately preceding the date
initially set for sentencing on the most recent offense.
4. Upon request of the court, the Division shall make presentence
investigations and reports on defendants who plead guilty or nolo
contendere 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 )
1. If a defendant is convicted of a sexual offense for which the
suspension of sentence or the granting of probation is permitted, the
Division shall arrange for a psychosexual evaluation of the defendant as
part of the Division’s presentence investigation and report to the court.
2. The psychosexual evaluation of the defendant must be conducted
by a person professionally qualified to conduct psychosexual evaluations.
3. The person who conducts the psychosexual evaluation of the
defendant must use diagnostic tools that are generally accepted as being
within the standard of care for the evaluation of sex offenders, and the
psychosexual evaluation of the defendant must include:
(a) A comprehensive clinical interview with the defendant; and
(b) A review of all investigative reports relating to the
defendant’s sexual offense and all statements made by victims of that
offense.
4. The psychosexual evaluation of the defendant may include:
(a) A review of records relating to previous criminal offenses
committed by the defendant;
(b) A review of records relating to previous evaluations and
treatment of the defendant;
(c) A review of the defendant’s records from school;
(d) Interviews with the defendant’s parents, the defendant’s spouse
or other persons who may be significantly involved with the defendant or
who may have relevant information relating to the defendant’s background;
and
(e) The use of psychological testing, polygraphic examinations and
arousal assessment.
5. The person who conducts the psychosexual evaluation of the
defendant must be given access to all records of the defendant that are
necessary to conduct the evaluation, and the defendant shall be deemed to
have waived all rights of confidentiality and all privileges relating to
those records for the limited purpose of the evaluation.
6. The person who conducts the psychosexual evaluation of the
defendant shall:
(a) Prepare a comprehensive written report of the results of the
evaluation;
(b) Include in the report all information that is necessary to
carry out the provisions of NRS 176A.110 ; and
(c) Provide a copy of the report to the Division.
7. If a psychosexual evaluation is conducted pursuant to this
section, the court shall:
(a) Order the defendant, to the extent of his financial ability, to
pay for the cost of the psychosexual evaluation; or
(b) If the defendant was less than 18 years of age when the sexual
offense was committed and the defendant was certified and convicted as an
adult, order the parents or guardians of the defendant, to the extent of
their financial ability, to pay for the cost of the psychosexual
evaluation. For the purposes of this paragraph, the court has
jurisdiction over the parents or guardians of the defendant to the extent
that is necessary to carry out the provisions of this paragraph.
(Added to NRS by 1997, 1638; A 1999, 1286 ; 2001, 1636 )
1. The report of any presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant,
his financial condition, the circumstances affecting his behavior and 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 offense committed by
the defendant has had upon the victim, including, without limitation, any
physical or psychological harm or financial loss suffered by the victim,
to the extent that such information is available from the victim or other
sources, but the provisions of this paragraph do not require any
particular examination or testing of the victim, and the extent of any
investigation or examination is solely at the discretion of the court or
the Division and the extent of the information to be included in the
report is solely at the discretion of the Division;
(d) Information concerning whether the defendant has an obligation
for the support of a child, and if so, whether he is in arrears in
payment on that obligation;
(e) Data or information concerning reports and investigations
thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available
pursuant to NRS 432B.290 ;
(f) The results of the evaluation of the defendant conducted
pursuant to NRS 484.3796 , if such an evaluation is required pursuant to that section;
(g) A recommendation of a minimum term and a maximum term of
imprisonment or other term of imprisonment authorized by statute, or a
fine, or both;
(h) A recommendation, if the Division deems it appropriate, that
the defendant undergo a program of regimental discipline pursuant to NRS
176A.780 ;
(i) If a psychosexual evaluation of the defendant is required
pursuant to NRS 176.139 , a written
report of the results of the psychosexual evaluation of the defendant and
all information that is necessary to carry out the provisions of NRS
176A.110 ; and
(j) Such other information as may be required by the court.
2. The Division may include in the report any additional
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 )
1. If a defendant pleads guilty or nolo contendere to or 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 the
defendant pursuant to NRS 176.135 ,
unless the Division has not made a presentence investigation and report
on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the
date initially set for sentencing on the category E felony or felonies
and:
(a) The court requests a presentence investigation and report; or
(b) The prosecuting attorney possesses evidence that would support
a decision by the court to deny probation to the defendant pursuant to
paragraph (b) of subsection 1 of NRS 176A.100 .
2. If the Division does not make a presentence investigation and
report on a defendant pursuant to subsection 1, the Division shall, not
later than 45 days after the date on which the defendant is sentenced,
make a general investigation and report on the defendant that contains:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant,
the circumstances affecting his behavior and the circumstances of his
offense that may be helpful to persons responsible for the supervision or
correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by
the defendant has had upon the victim, including, without limitation, any
physical or psychological harm or financial loss suffered by the victim,
to the extent that such information is available from the victim or other
sources, but the provisions of this paragraph do not require any
particular examination or testing of the victim, and the extent of any
investigation or examination and the extent of the information included
in the report is solely at the discretion of the Division;
(d) Data or information concerning reports and investigations
thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available
pursuant to NRS 432B.290 ; and
(e) Any other information that the Division believes may be helpful
to persons responsible for the supervision or correctional treatment of
the defendant.
(Added to NRS by 1999, 1188 ; A 2003, 1466 )
1. The Division shall disclose to the prosecuting attorney, the
counsel for the defendant and the defendant the factual content of the
report of:
(a) Any presentence investigation made pursuant to NRS 176.135
and the recommendations of the Division.
(b) Any general investigation made pursuant to NRS 176.151 .
Ê The Division shall afford an opportunity to each party to object to
factual errors in any such 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 presentence investigation or
general investigation to a law enforcement agency of this State or a
political subdivision thereof and to a law enforcement agency of the
Federal 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 presentence investigation or
general investigation to the Division of Mental Health and Developmental
Services of the Department of Health and Human Services for the limited
purpose of performing its duties, including, without limitation,
evaluating and providing any report or information to the Division
concerning the mental health of:
(a) A sex offender as defined in NRS 213.107 ; or
(b) An offender who has been determined to be mentally ill.
4. Unless otherwise ordered by a court, upon request, the Division
shall disclose the content of a report of a presentence investigation or
general investigation to the State Gaming Control Board for the limited
purpose of performing its duties in the administration of the provisions
of chapters 462 to 467 , inclusive, of NRS.
5. Except for the disclosures required by subsections 1 to 4,
inclusive, a report of a presentence investigation or general
investigation and the sources of information for such a report are
confidential and 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 )
1. Except as otherwise provided in subsection 2, when a court
imposes a sentence of imprisonment in the state prison or revokes a
program of probation and orders a sentence of imprisonment to the state
prison to be executed, the court shall cause a copy of the report of the
presentence investigation to be delivered to the Director of the
Department of Corrections, if such a report was made. The report must be
delivered when the judgment of imprisonment is delivered pursuant to NRS
176.335 .
2. If a presentence investigation and report were not required
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 copy of the
previous report of the presentence investigation or a copy of the report
of the general investigation, as appropriate, to be delivered to the
Director of the Department of Corrections in the manner provided pursuant
to subsection 1.
(Added to NRS by 1969, 871; A 1973, 67; 1977, 859; 1997, 130; 1999,
1191 ; 2001, 217 )
WITHDRAWAL OF PLEA
Except as otherwise provided in this section, a motion to
withdraw a plea of guilty or nolo contendere may be made only before
sentence is imposed or imposition of sentence is suspended. To correct
manifest injustice, the court after sentence may set aside 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
The full amount
of all fines imposed and collected under and for violation of any penal
law of this State shall be paid into the State Treasury.
(Added to NRS by 1967, 1437)
A judgment which
imposes a fine or administrative assessment or requires a defendant to
pay restitution or repay the expenses of his defense constitutes a lien
in like manner as a judgment for money rendered in a civil action.
(Added to NRS by 1967, 1437; A 1975, 217; 1977, 337; 1983, 909;
1993, 149)
1. Except as otherwise provided in subsection 4, if a person who
is or was imprisoned in the state prison or a county or city jail or
detention facility is awarded a judgment against:
(a) The State of Nevada, a county or a city;
(b) A department, commission, board or other agency of the State of
Nevada, a county or a city; or
(c) A current or former officer, employee or contractor of the
State of Nevada, a county or a city,
Ê arising from a civil action that accrued while the person was
imprisoned in the state prison or county or city jail or detention
facility, the person or governmental entity that 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 of money owed by the
person for restitution and send the money to the appropriate person,
governmental agency or political subdivision of a governmental agency to
whom restitution is owed.
2. Except as otherwise provided in subsection 4, if a person
enters into a settlement for money in an action described in subsection
1, the person or governmental entity that pays the settlement shall
deposit the money for the settlement with the court in which the action
was filed or the district court of the county in which the person resides
if no action was filed. The court shall deduct from the money deposited
with the court any amount of money owed by the person for restitution and
send the money to the appropriate person, governmental agency or
political subdivision of a governmental agency to whom restitution is
owed.
3. If any money remains after the court makes the deduction
pursuant to subsection 1 or 2, the court shall forward the remaining
money to the person who initiated the action.
4. The provisions of this section do not apply to a judgment or
settlement in a case that involves the death of a person who was
imprisoned.
(Added to NRS by 1999, 67 )
In Justice Court, when a fine is paid or bail is
forfeited, the justice must pay the same to the county treasurer within
30 days thereafter.
(Added to NRS by 1967, 1437)
1. In every case where a criminal action may have been or shall be
removed before trial, the costs accruing upon such removal and trial
shall be a charge against the county in which the cause of the indictment
or information occurred.
2. The clerk of the county to which such action is or may be
removed shall certify the amount of the costs to the auditor of the
county in which the indictment was found, or the information filed, which
shall be examined, allowed and paid as other county charges.
(Added to NRS by 1967, 1437)
If the judgment be
imprisonment, or a fine and imprisonment until it is satisfied, the
defendant must forthwith be committed to the custody of the proper
officer, and by him detained until the judgment is complied with.
(Added to NRS by 1967, 1437)
A judgment of imprisonment to be served in a county jail must be
executed by delivering the defendant into the custody of the sheriff or
other officer in charge of the county jail. A copy of the judgment of
conviction, duly certified by the judge or justice, is a sufficient
warrant for the doing of every act necessary or proper in the due
execution thereof. The officer shall, upon discharging the defendant,
return such copy to the justice, with an account of his doings endorsed
thereon, and must at the same time pay over to the justice all money
which he may have received from the defendant in payment of the fine.
(Added to NRS by 1967, 1437; A 1999, 1047 )
When a judgment of imprisonment to be served in the state
prison has been pronounced, triplicate certified copies of the judgment
of conviction, attested by the clerk under the seal of the court, must
forthwith be furnished to the officers whose duty it is to execute the
judgment, as provided by NRS 176.335 ,
and no other warrant or authority is necessary to justify or require the
execution thereof, except when a judgment of death is rendered.
(Added to NRS by 1967, 1438; A 1973, 30; 1989, 938; 1993, 79; 1995,
1252; 1999, 1047 )
1. If a judgment is for imprisonment in the state prison, the
sheriff of the county shall, on receipt of the triplicate certified
copies of the judgment of conviction, immediately notify the Director of
the Department of Corrections and the Director shall, without delay, send
some authorized person to the county where the prisoner is held for
commitment to receive the prisoner.
2. When such an authorized person presents to the sheriff holding
the prisoner his order for the delivery of the prisoner, the sheriff
shall deliver to the authorized person two of the certified copies of the
judgment of conviction and a copy of the report of the presentence
investigation or general investigation, as appropriate, if required
pursuant to NRS 176.159 , and take from
the person a receipt for the prisoner, and the sheriff shall make return
upon his certified copy of the judgment of conviction, showing his
proceedings thereunder, and both that copy with the return affixed
thereto and the receipt from the authorized person must be filed with the
county clerk.
3. The term of imprisonment designated in the judgment of
conviction must begin on the date of sentence 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 )
1. When a judgment of death has been pronounced, a certified copy
of the judgment of conviction must be forthwith executed and attested in
triplicate by the clerk under the seal of the court. There must be
attached to the triplicate copies a warrant signed by the judge, attested
by the clerk, under the seal of the court, which:
(a) Recites the fact of the conviction and judgment;
(b) Appoints a week, the first day being Monday and the last day
being Sunday, within which the judgment is to be executed, which must not
be less than 60 days nor more than 90 days from the time of judgment; and
(c) Directs the sheriff to deliver the prisoner to such authorized
person as the Director of the 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 the judgment of
conviction and warrant must be filed in the office of the county clerk,
and two of the triplicate copies must be immediately delivered by the
clerk to the sheriff of the county. One of the triplicate copies must be
delivered by the sheriff, with the prisoner, to such authorized person as
the Director of the Department of Corrections designates, and is the
warrant and authority of the Director for the imprisonment and execution
of the prisoner, as therein provided and commanded. The Director shall
return his certified copy of the judgment of conviction to the county
clerk of the county in which it was issued. The other triplicate copy is
the warrant and authority of the sheriff to deliver the prisoner to the
authorized person designated by the Director. The final triplicate copy
must be returned to the county clerk by the sheriff with his proceedings
endorsed thereon.
(Added to NRS by 1967, 1438; A 1977, 860; 1989, 390; 1999, 1048
; 2001 Special Session, 218 )
1. The judgment of death must be inflicted by an injection of a
lethal drug.
2. The Director of the Department of Corrections shall:
(a) Execute a sentence of death within the week, the first day
being Monday and the last day being Sunday, that the judgment is to be
executed, as designated by the district court. The Director may execute
the judgment at any time during that week if a stay of execution is not
entered by a court of appropriate jurisdiction.
(b) Select the drug or combination of drugs to be used for the
execution after consulting with the State Health Officer.
(c) Be present at the execution.
(d) Notify those members of the immediate family of the victim who
have, pursuant to NRS 176.357 ,
requested to be informed of the time, date and place scheduled for the
execution.
(e) Invite a competent physician, the county coroner, a
psychiatrist and not less than six reputable citizens over the age of 21
years to be present at the execution. The Director shall determine the
maximum number of persons who may be present for the execution. The
Director shall give preference to those eligible members or
representatives of the immediate family of the victim who requested,
pursuant to NRS 176.357 , to attend the
execution.
3. The execution must take place at the state prison.
4. A person who has not been invited by the Director may not
witness the execution.
(Added to NRS by 1967, 1439; A 1977, 860; 1983, 1937; 1989, 390;
1995, 381; 2001 Special Session, 218 )
1. If after a conviction for murder a judgment of death has been
pronounced, each member of the immediate family of the victim who is 21
years of age or older may submit a written request to the Director to be
informed of the time, date and place scheduled for the execution of the
sentence of death. The request for notification may be accompanied by a
written request to attend or nominate a representative to attend the
execution.
2. As used in this section, “immediate family” means persons who
are related by blood, adoption or marriage, within the second degree of
consanguinity or affinity.
(Added to NRS by 1995, 381)
After the execution, the Director of the Department of
Corrections must make a return upon the death warrant to the court by
which the judgment was rendered, showing the time, place, mode and manner
in which it was executed.
(Added to NRS by 1967, 1439; A 1977, 860; 2001 Special Session, 219
)
SUSPENSION OF EXECUTION OF DEATH PENALTY
General Provisions
The
execution of a judgment of death must be stayed only:
1. By the State Board of Pardons Commissioners as authorized in
Sections 13 and 14 of Article 5 of the Constitution of the State of
Nevada;
2. When a direct appeal from the judgment of conviction and
sentence is taken to the Supreme Court;
3. By a judge of the district court of the county in which the
state prison is situated, for the purpose of an investigation of sanity
or pregnancy as provided in NRS 176.425
to 176.485 , inclusive;
4. By a judge of the district court in which a motion is filed
pursuant to subsection 5 of NRS 175.554 , for the purpose of determining whether the
defendant is mentally retarded; 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
1. If, after judgment of death, there is a good reason to believe
that the defendant has become insane, the Director of the Department of
Corrections to whom the convicted person has been delivered for execution
may by a petition in writing, verified by a physician, petition a
district judge of the district court of the county in which the state
prison is situated, alleging the present insanity of such person,
whereupon such judge shall:
(a) Fix a day for a hearing to determine whether the convicted
person is insane;
(b) Appoint two psychiatrists, two psychologists, or one
psychiatrist and one psychologist, to examine the convicted person; and
(c) Give immediate notice of the hearing to the Attorney General
and to the district attorney of the county in which the conviction was
had.
2. If the judge determines that the hearing on and the
determination of the sanity of the convicted person cannot be had before
the date of the execution of such person, the judge may stay the
execution of the judgment of death pending the determination of the
sanity of the convicted person.
(Added to NRS by 1967, 1440; A 1977, 861; 1991, 1002; 2001 Special
Session, 219 )
1. On the day fixed, the Director of the Department of Corrections
shall bring the convicted person before the court, and the Attorney
General or his deputy shall attend the hearing. The district attorney of
the county in which the conviction was had, and an attorney for the
convicted person, may attend the hearing.
2. The court shall receive the report of the examining physicians
and may require the production of other evidence. The Attorney General or
his deputy, the district attorney, and the attorney for the convicted
person or such person if he is without counsel may introduce evidence and
cross-examine any witness, including the examining physicians.
3. The court shall then make and enter its finding of sanity or
insanity.
(Added to NRS by 1967, 1440; A 1977, 861; 2001 Special Session, 219
)
If
it is found by the court that the convicted person is sane, the Director
of the Department of Corrections must execute the judgment of death; but
if the judgment has been stayed, as provided in NRS 176.425 , the judge shall cause a certified copy of his
order staying the execution of the judgment, together with a certified
copy of his finding that the convicted person is sane, to be immediately
forwarded by the clerk of the court to the clerk of the district court of
the county in which the conviction was had, who shall give notice thereof
to the district attorney of such county. Proceedings shall then be
instituted in the last mentioned district court for the issuance of a new
warrant of execution of the judgment of death in the manner provided in
NRS 176.495 .
(Added to NRS by 1967, 1441; A 1977, 861; 2001 Special Session, 219
)
1. If it is found by the court that the convicted person is
insane, the judge shall make and enter an order staying the execution of
the judgment of death until the convicted person becomes sane, and shall
therein order the Director of the Department of Corrections to confine
such person in a safe place of confinement until his reason is restored.
2. The clerk of the court shall serve or cause to be served three
certified copies of the 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 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 court staying the
execution of the judgment, and the judge, upon being satisfied that such
person is then sane, shall enter an order vacating the order staying the
execution of the judgment.
4. The clerk of the court shall immediately serve or cause 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 of
Pardons Commissioners, and one on the clerk of the district court of the
county in which the conviction was had, who shall give notice thereof to
the district attorney of such county, whereupon proceedings shall be
instituted in the last mentioned district court for the issuance of a new
warrant of execution of the judgment of death in the manner provided in
NRS 176.495 .
(Added to NRS by 1967, 1441; A 1977, 861; 2001 Special Session, 219
)
1. If there is good reason to believe that a female against whom a
judgment of death has been rendered is pregnant, the Director of the
Department of Corrections to whom she has been delivered for execution
shall petition a judge of the district court of the county in which the
state prison is situated, in writing, alleging such pregnancy, whereupon
such judge shall summon a jury of three physicians to inquire into the
alleged pregnancy and fix a day for the hearing thereon, and give
immediate notice thereof to the Attorney General and to the district
attorney of the county in which the conviction was had.
2. The provisions of NRS 176.425
and 176.435 apply to the proceedings
upon the inquisition, except that three physicians shall be summoned.
They shall certify in writing to the court their findings as to pregnancy.
(Added to NRS by 1967, 1441; A 1977, 862; 2001 Special Session, 220
)
1. If it is found by the court that the female is not pregnant,
the Director of the Department of Corrections must execute the judgment
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 judge shall enter an
order staying the execution of the judgment of death, and shall therein
order the Director to confine such female in a safe place of confinement
commensurate with her condition until further order of the court.
3. When such female is no longer pregnant, notice of this fact
shall be given by the Director to a judge of the court staying the
execution of the judgment. Thereupon the judge, upon being satisfied that
the pregnancy no longer exists, shall enter an order vacating the order
staying the execution of the judgment and shall direct the clerk of such
court to serve or cause 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 the conviction was had, who shall give
notice thereof to the district attorney of such county, whereupon
proceedings shall be instituted in the last mentioned district court for
the issuance of a new warrant of execution of the judgment in the manner
provided in NRS 176.495 .
(Added to NRS by 1967, 1442; A 1977, 862; 2001 Special Session, 220
)
The costs and expenses of the investigations provided in NRS
176.415 to 176.475 , inclusive, must be borne by the State and
paid in the following manner: The costs and expenses of an investigation
must first be paid by county warrants drawn upon the order of the
district judge. The county clerk shall then present a claim to the State
Board of Examiners for the amount of such costs and expenses so ordered
paid by the district judge. Upon approval of the claim by the State Board
of Examiners, the State Controller shall draw his warrant for the payment
thereof, and the State Treasurer shall pay the same from the Reserve for
Statutory Contingency Account.
(Added to NRS by 1967, 1442; A 1991, 1753)
Petition for Postconviction Relief
A district
court having proper jurisdiction or the Supreme Court, if it has proper
jurisdiction, may stay the execution of a sentence of death when a
postconviction petition for habeas corpus has been filed only after
appropriate notice has been given to the appropriate respondent in the
case.
(Added to NRS by 1987, 1220; A 1991, 90)
When a person under a sentence of death files a proper postconviction
petition for habeas corpus, a district court or the Supreme Court on a
subsequent appeal shall enter a stay of execution if the court finds a
stay necessary for a proper consideration of the claims for relief. In
making this determination, the court shall consider whether:
1. The petition is the first effort by the petitioner to raise
constitutional claims for relief after a direct appeal from his
conviction and the petition raises claims other than those which could
have been raised at trial or on direct appeal.
2. The petition is timely filed and jurisdictionally appropriate
and does not set forth conclusory claims only.
3. If the petition is not the first petition for postconviction
relief, it raises constitutional claims which are not procedurally barred
by laches, the law of the case, the doctrines of abuse of the 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 valid
justification for the claims not having been presented in a prior
proceeding.
5. The petition asserts claims based upon specified facts or law
which, if true, would entitle the petitioner to relief.
6. The court cannot decide legal claims which are properly raised
or expeditiously hold an evidentiary hearing on factual claims which are
properly raised before the execution of sentence.
(Added to NRS by 1987, 1220; A 1991, 91)
A
stay of execution must be entered by the court in writing and copies sent
as soon as practicable to the Director of the Department of Corrections,
the warden of the institution in which the offender is imprisoned and the
Office of the Attorney General in Carson City. The court shall also enter
an order and take all necessary actions to expedite further proceeding
before that court.
(Added to NRS by 1987, 1221; A 2001 Special Session, 221 )
Any stay of execution
previously entered by the court must be vacated if the court denies the
petition for habeas corpus.
(Added to NRS by 1987, 1221; A 1991, 91)
1. Upon the denial of any appeal to the Supreme Court pursuant to
chapter 34 or 177
of NRS, the Supreme Court shall dissolve any stay of execution previously
entered. No stay of such execution may be entered or continued by the
Supreme Court after the denial of an appeal pending the filing of a
petition with a federal court or a petition for a writ of certiorari with
the Supreme Court of the United States.
2. The entry of a stay of issuance of a remittitur in the Supreme
Court does not prohibit the application of or the issuance of a warrant
of execution by the district court in which the conviction was obtained.
3. To stay the execution of a sentence of death following the
denial of any appeal to the Supreme Court pursuant to chapter 34 or 177 of NRS, a person
under sentence of death must:
(a) Apply for and obtain a stay in the federal court in which 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)
The respondent may file a petition with the Supreme Court
within 10 days after the entry of a stay of execution by a district court
to dissolve a stay which was improperly entered. The filing of the
petition does not divest the district court of jurisdiction to hear the
claims raised by the petition and the district court shall not delay
consideration of the claims because of the filing of such a petition with
the Supreme Court.
(Added to NRS by 1987, 1221)
NEW ORDER TO EXECUTE JUDGMENT OF DEATH
1. If for any reason a judgment of death has not been executed,
and it remains in force, the court in which the conviction was had must,
upon the application of the Attorney General or the district attorney of
the 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, and delivered to the Director of the Department of Corrections.
2. The warrant must state the conviction and judgment and 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 be
not less than 15 days nor more than 30 days after the date of the
warrant. The Director shall execute a sentence of death within the week
the judgment is to be executed, as designated by the district court. The
Director may execute the judgment at any time during that week if a stay
of execution is not entered by a court of appropriate jurisdiction.
(Added to NRS by 1967, 1442; A 1977, 863; 1989, 391; 2001 Special
Session, 221 ; 2003, 2083 )
1. When a remittitur showing the affirmation of a judgment of
death has been filed with the clerk of the court from which the appeal
has been taken, the court in which the conviction was obtained shall
inquire into the facts, and, if no legal reasons exist prohibiting the
execution of the judgment, shall make and enter an order requiring the
Director of 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 execution is made and entered, or the warrant is issued, is
not required.
2. When an opinion, order dismissing appeal or other order
upholding a sentence of death is issued by the Supreme Court pursuant to
chapter 34 or 177
of NRS, the court in which the sentence of death was obtained shall
inquire into the facts and, if no legal reason exists prohibiting the
execution of the judgment, shall make and enter an order requiring the
Director of the Department of Corrections to execute the judgment during
a specified week. The presence of the defendant in the court when the
order of execution is made and entered, or the warrant is issued, is not
required.
3. Notwithstanding the entry of a stay of issuance of a remittitur
in the Supreme Court following denial of appellate relief in a proceeding
brought pursuant to chapter 34 or 177 of NRS, the court in which the conviction was
obtained shall, upon application of the Attorney General or the district
attorney of the county in which the conviction was obtained, cause
another warrant to be drawn, signed by the judge and attested by the
clerk under the seal of the court, and delivered to the Director of the
Department of Corrections.
(Added to NRS by 1967, 1442; A 1977, 863; 1989, 491; 2001 Special
Session, 221 )
NEW TRIAL
1. The court may grant a new trial to a defendant if required as a
matter of law or on the ground of newly discovered evidence.
2. If trial was by the court without a jury the court may vacate
the judgment if entered, take additional testimony and direct the entry
of a new judgment.
3. Except as otherwise provided in NRS 176.0918 , a motion for a new trial based on the ground
of newly discovered evidence may be made only within 2 years after the
verdict or finding of guilt.
4. A motion for a new trial based on any other grounds must be
made within 7 days after the verdict or finding of guilt or within such
further 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
The court shall arrest judgment if the indictment,
information or complaint does not charge an offense or if the court was
without jurisdiction of the offense charged. The motion in arrest of
judgment shall be made within 7 days after determination of guilt or
within such further time as the court may fix during the 7-day period.
(Added to NRS by 1967, 1443)
The effect of allowing
a motion in arrest of judgment is to place the defendant in the same
situation in which he was before the indictment was found or information
or complaint filed.
(Added to NRS by 1967, 1443)
1. If, from the evidence on the trial, there is reasonable ground
to believe the defendant guilty, and a new indictment, information or
complaint can be framed upon which he may be convicted, the court may
order him to be recommitted to the officers of the proper county, or
admitted to bail anew to answer the new indictment, information or
complaint.
2. If the evidence shows him guilty of another offense, he shall
be committed or held thereon, and in neither case shall the verdict be a
bar to another prosecution.
3. But if no evidence appear sufficient to charge him with any
offense, he shall, if in custody, be discharged; or, if admitted to bail,
his bail shall be exonerated; or, if money has been deposited instead of
bail, it shall be refunded to the defendant, and the arrest of judgment
shall operate as an acquittal of the charge upon which the indictment,
information or complaint was founded.
(Added to NRS by 1967, 1443)
MISCELLANEOUS PROVISIONS
The court may correct
an illegal sentence at any time.
(Added to NRS by 1967, 1443)
Clerical mistakes in judgments,
orders or other parts of the record and errors in the record arising from
oversight or omission may be corrected by the court at any time and after
such notice, if any, as the court orders.
(Added to NRS by 1967, 1443)
