USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 217 - AID TO CERTAIN VICTIMS OF CRIME
The Clerk of the Board may prepare
and disseminate information describing the benefits available pursuant to
this chapter to victims of crime.
(Added to NRS by 1985, 2099; A 1991, 763)
1. A victim may commence any action specified in NRS 11.190 , 11.215 or
207.470 which arises from the
commission of a felony, against the person who committed the felony
within 5 years after the time the person who committed the felony becomes
legally entitled to receive proceeds for any contribution to any material
that is based upon or substantially related to the felony which was
perpetrated against the victim.
2. If the limitation period established in NRS 11.190 , 11.215 or
207.520 has otherwise expired, the
liability of the person committing the felony to a victim imposed under
this section must be limited to the value of the proceeds received by the
person who committed the felony for any contribution to material that is
based upon or substantially related to the felony which was perpetrated
against the victim.
3. For purposes of this section:
(a) “Material” means a book, magazine or newspaper article, movie,
film, videotape, sound recording, interview or appearance on a television
or radio station and live presentations of any kind.
(b) “Proceeds” includes money, royalties, real property and any
other consideration.
(c) “Victim” means any person:
(1) Against whom a crime has been committed;
(2) Who has been injured or killed as a direct result of the
commission of a crime; or
(3) Who is the surviving spouse, a parent or a child of such
a person.
(Added to NRS by 1993, 453)
COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS
It is the policy of this State to
provide assistance to persons who are victims of violent crimes or the
dependents of victims of violent crimes.
(Added to NRS by 1969, 1151; A 1975, 1292, 1788; 1981, 1666)
As used in NRS 217.010 to 217.270 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 217.025 to 217.070
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1969, 1151; A 1975, 1292, 1788; 1981, 1666; 1983,
889; 1985, 2099; 1989, 261; 1991, 763; 1997, 192, 787)
“Appeals officer” means an
appeals officer of the Department of Administration.
(Added to NRS by 1985, 2099; A 1991, 763)
“Board” means the State Board of
Examiners.
(Added to NRS by 1969, 1151)
“Compensation
officer” means a compensation officer of the Department of Administration.
(Added to NRS by 1989, 261; A 1991, 763)
“Crime” means:
1. An act or omission committed within this state which, if
committed by an adult, is forbidden by law and punishable upon conviction
by death, imprisonment, fine or other penal discipline; or
2. An act of international terrorism as defined in 18 U.S.C. §
2331(1) against a resident.
(Added to NRS by 1975, 1788; A 1991, 763; 1997, 192)
“Dependents” means the
relatives of a deceased or injured victim who were wholly or partially
dependent upon his income at the time of his death or injury.
(Added to NRS by 1969, 1151; A 1981, 1666)
“Hearing officer” means a
hearing officer of the Department of Administration.
(Added to NRS by 1981, 1665; A 1991, 764)
“Personal injury” means:
1. Actual bodily harm or threat of bodily harm which results in a
need for medical treatment;
2. In the case of a minor who was involved in the production of
pornography in violation of NRS 200.710 , 200.720 ,
200.725 or 200.730 , any harm which results in a need for medical
treatment or any psychological or psychiatric counseling, or both; or
3. Any harm which results from sexual abuse.
(Added to NRS by 1969, 1151; A 1981, 1666; 1983, 818; 1985, 2099;
1995, 953)
“Relative” of any person includes:
1. A spouse, parent, grandparent or stepparent;
2. A natural born, step or adopted child;
3. A grandchild, brother, sister, half brother or half sister; or
4. A parent of a spouse.
(Added to NRS by 1969, 1151; A 1981, 1667)
“Resident” means a person who:
1. Is a citizen of the United States or who is lawfully entitled
to reside in the United States; and
2. During the 6 weeks preceding the date of the crime was:
(a) Domiciled in this state; and
(b) Physically present in this state, except for any temporary
absence.
(Added to NRS by 1997, 192)
“Victim” means:
1. A person who is physically injured or killed as the direct
result of a criminal act;
2. A minor who was involved in the production of pornography in
violation of NRS 200.710 , 200.720
, 200.725 or 200.730 ;
3. A minor who was sexually abused, as “sexual abuse” is defined
in NRS 432B.100 ;
4. A person who is physically injured or killed as the direct
result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS
484.3795 or 484.37955 ;
5. A pedestrian who is physically injured or killed as the direct
result of a driver of a motor vehicle who failed to stop at the scene of
an accident involving the driver and the pedestrian in violation of NRS
484.219 ; or
6. A resident who is physically injured or killed as the direct
result of an act of international terrorism as defined in 18 U.S.C. §
2331(1).
Ê The term includes a person who was harmed by any of these acts whether
the act was committed by an adult or a minor.
(Added to NRS by 1969, 1151; A 1975, 1789; 1981, 1667; 1983, 818;
1985, 2099; 1987, 2270; 1995, 953; 1997, 192, 787; 2005, 167 )
1. The Clerk of the Board shall appoint one or more compensation
officers.
2. A compensation officer shall:
(a) Conduct an investigation to determine the eligibility of the
applicant for aid, including but not limited to:
(1) Compiling bills and medical reports from physicians who
have treated the victim for his injury;
(2) Obtaining from the victim a signed affidavit indicating
the amount of any wages allegedly lost because of the injury and
verifying that information with the employer of the victim;
(3) Obtaining and reviewing reports of peace officers and
statements of witnesses; and
(4) Determining the availability to the applicant of any
insurance benefits or other source from which the applicant is eligible
to be compensated on account of his injuries or the death of the victim.
(b) After completing his investigation, make a determination of
eligibility and render a written decision, including an order directing
payment of compensation, if compensation is due.
3. Each compensation officer appointed by the Board must receive
at least 8 hours of instruction concerning the methods used to interview
victims of crime before he may conduct interviews as a compensation
officer.
(Added to NRS by 1969, 1151; A 1975, 1292, 1789; 1981, 1667; 1983,
1957; 1985, 397; 1989, 261, 1509; 1991, 764)
1. Any person eligible for compensation under the provisions of
NRS 217.010 to 217.270 , inclusive, may apply to the Board for such
compensation. Where the person entitled to make application is:
(a) A minor, the application may be made on his behalf by a parent
or guardian.
(b) Mentally incompetent, the application may be made on his behalf
by a parent, guardian or other person authorized to administer his estate.
2. The applicant must submit with his application the reports, if
reasonably available, from all physicians who, at the time of or
subsequent to the victim’s injury or death, treated or examined the
victim in relation to the injury for which compensation is claimed.
(Added to NRS by 1969, 1151; A 1975, 1292; 1977, 958; 1981, 1668)
A resident who is a victim of a crime
that occurred in a state other than the State of Nevada may apply to the
Board for compensation if:
1. The state in which the crime occurred does not have a program
for compensating victims of crime for their injuries; or
2. The resident is ineligible to receive compensation under the
program of the other state.
(Added to NRS by 1997, 192)
Any information which
a compensation officer obtains in the investigation of a claim for
compensation pursuant to NRS 217.090 or
which is submitted pursuant to NRS 217.100 is confidential and must not be disclosed
except:
1. Upon the request of the applicant or his attorney;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction,
Ê unless the disclosure is otherwise prohibited by law.
(Added to NRS by 1989, 1509; A 1991, 765)
1. Upon receipt of an application for compensation, the
compensation officer shall review the application to determine whether
the applicant qualifies for compensation. The compensation officer shall
deny the claim within 5 days after receipt of the application if the
applicant’s ineligibility is apparent from the facts stated in the
application. The applicant may appeal the denial to a hearing officer
within 15 days after the decision. If the hearing officer determines that
the applicant may be entitled to compensation, the hearing officer shall
order the compensation officer to complete an investigation and render a
decision pursuant to subsection 2. If the hearing officer denies the
appeal, the applicant may appeal to an appeals officer pursuant to NRS
217.117 .
2. If the compensation officer does not deny the application
pursuant to subsection 1, or if he is ordered to proceed by the hearing
officer, he shall conduct an investigation and, except as otherwise
provided in subsection 4, render a decision within 60 days after his
receipt of the application or order. If in conducting his investigation
the compensation officer believes that:
(a) Reports on the previous medical history of the victim;
(b) An examination of the victim and a report of that examination;
(c) A report on the cause of death of the victim by an impartial
medical expert; or
(d) Investigative or police reports,
Ê would aid him in making his decision, the compensation officer may
order the reports.
3. Upon the request of a compensation officer pursuant to
subsection 2 for investigative or police reports which concern a minor
who committed a crime against the victim, a juvenile court or a law
enforcement agency shall provide the compensation officer with a copy of
the requested investigative or police reports. Any reports obtained by a
compensation officer pursuant to this subsection are confidential and
must not be disclosed except upon the lawful order of a court of
competent jurisdiction.
4. When additional reports are requested pursuant to subsection 2,
the compensation officer shall render a decision in the case, including
an order directing the payment of compensation, if compensation is due,
within 15 days after receipt of the reports.
(Added to NRS by 1969, 1152; A 1975, 1789; 1981, 1668; 1985, 2100;
1991, 765; 2005, 61 )
1. An applicant who is subject to the provisions of this chapter
may request a hearing before a hearing officer on any matter within the
hearing officer’s authority. The compensation officer shall provide with
his decision the necessary information for requesting such a hearing.
2. An applicant aggrieved by a compensation officer’s decision may
appeal the decision by filing a request for a hearing before a hearing
officer. Such a request must be filed within 15 days after the decision
was mailed by the Clerk or compensation officer.
3. Failure to file a request for a hearing within the period
specified in subsection 2 may be excused if the applicant shows by a
preponderance of the evidence that he did not receive the notice of the
decision and the information necessary to request a hearing.
4. The applicant shall notify the compensation officer and the
hearing officer in writing of a change of address within a reasonable
time after that change.
(Added to NRS by 1991, 763)
1. If an applicant appeals a determination of the compensation
officer, the hearing officer shall hold a hearing unless the hearing
officer can render a favorable decision to the applicant without a
hearing. If the hearing officer holds a hearing, the hearing officer
shall:
(a) Within 5 days after receiving a request for a hearing, set the
hearing for a date and time within 30 days after receipt of the request;
and
(b) Give notice by United States mail or by personal service to the
applicant at least 15 days before the date and time scheduled for the
hearing.
Ê The hearing officer shall render a decision in the case, including an
order directing payment of compensation, if compensation is due, within
15 days after the hearing or receiving the reports necessary in rendering
the decision. The hearing officer may affirm, modify or reverse the
decision of the compensation officer. The hearing officer shall mail his
decision to the applicant and include any information necessary for
appealing the decision to the appeals officer.
2. The hearing officer may issue subpoenas to compel the
attendance of witnesses and the production of books and papers at the
hearing.
3. If a witness refuses to attend or testify or produce any books
and papers as required by the subpoena, the hearing officer may report to
the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the hearing officer pursuant
to this section; and
(c) The witness has failed or refused to attend or produce the
books and papers required by the subpoena before the hearing officer who
is named in the subpoena, or has refused to answer questions propounded
to him,
Ê and asking for an order of the court compelling the witness to attend
and testify or produce the books and papers before the hearing officer.
4. Upon receiving such a petition, the court shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the hearing
officer. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly
issued by the hearing officer, the court shall enter an order that the
witness appear before the hearing officer at the time and place fixed in
the order and testify or produce the required books or papers, and upon
failure to obey the order the witness must be dealt with as for contempt
of court.
6. The applicant and any other person having a substantial
interest in the outcome of the hearing may appear and be heard, produce
evidence and cross-examine witnesses in person or by his attorney. The
hearing officer also may hear other persons who may have relevant
evidence to submit.
7. Any statement, document, information or matter may be received
in evidence if, in the opinion of the hearing officer, it contributes to
a determination of the claim, whether or not the evidence would be
admissible in a court of law.
8. The hearing officer shall create a record of each hearing. The
record may be in the form of a sound recording.
9. The hearing officer shall render his decision in the case,
including an order directing the payment of compensation, if compensation
is due, within 15 days after the hearing.
(Added to NRS by 1981, 1665; A 1991, 766)
The limitations of time in
NRS 217.110 and 217.113 may be waived by the applicant or, upon good
cause shown, by the hearing officer or appeals officer.
(Added to NRS by 1981, 1666; A 1985, 2101)
1. The applicant or Clerk of the Board may, within 15 days after
the hearing officer renders his decision, appeal the decision to an
appeals officer. The appeals officer may hold a hearing or render a
decision without a hearing. If the appeals officer holds a hearing he
must give notice to the applicant, hold the hearing within 30 days after
the notice, and render his decision in the case within 15 days after the
hearing. The appeals officer shall render a decision in each case within
30 days after receiving the appeal and the record if a hearing is not
held. The appeals officer may affirm, modify or reverse the decision of
the hearing officer.
2. The appeals officer has the same powers as are vested in the
hearing officer pursuant to NRS 217.113 .
3. The applicant or Clerk of the Board may, within 15 days after
the appeals officer renders his decision, appeal the decision to the
Board. The Board shall consider the appeal on the record at its next
scheduled meeting if the appeal and the record are received by the Board
at least 5 days before the meeting. Within 15 days after the meeting the
Board shall render its decision in the case or give notice to the
applicant that a hearing will be held. The hearing must be held within 30
days after the notice is given and the Board shall render its decision in
the case within 15 days after the hearing. The Board may affirm, modify
or reverse the decision of the appeals officer.
4. The decision of the Board is final and not subject to judicial
review.
(Added to NRS by 1981, 1666; A 1985, 2101; 1991, 767)
If any person has been convicted of any offense with respect
to an act on which a claim under NRS 217.010 to 217.270 ,
inclusive, is based, proof of that conviction is conclusive evidence that
the offense has been committed, unless an appeal or any proceeding with
regard thereto is pending.
(Added to NRS by 1969, 1152; A 1975, 1293)
In the performance of its functions, the
Board may adopt, rescind and amend rules and regulations prescribing the
procedures to be followed in the filing of applications and proceedings
under NRS 217.010 to 217.270 , inclusive, and for such other matters as the
Board deems appropriate.
(Added to NRS by 1969, 1152; A 1975, 1293)
1. The hearing officer may, as part of any order entered pursuant
to the provisions of NRS 217.010 to
217.270 , inclusive, allow reasonable
attorney’s fees, but these fees may not exceed 10 percent of the award.
2. It is unlawful for any attorney to ask for, contract for or
receive any larger sum than the amount so allowed.
(Added to NRS by 1969, 1152; A 1975, 1293; 1981, 1669)
The Board shall, so far
as practicable, formulate standards for the uniform application of NRS
217.010 to 217.270 , inclusive, by the compensation officers in
the determination of the amount of any compensation payable pursuant to
NRS 217.010 to 217.270 , inclusive. The standards must take into
consideration rates and amounts of compensation payable for injuries and
death under other laws of this state and of the United States.
(Added to NRS by 1969, 1152; A 1975, 1293; 1981, 1669; 1991, 767)
1. The compensation officer may order the payment of compensation:
(a) To or for the benefit of the victim.
(b) If the victim has suffered personal injury, to any person
responsible for the maintenance of the victim who has suffered pecuniary
loss or incurred expenses as a result of the injury.
(c) If the victim dies, to or for the benefit of any one or more of
the dependents of the victim.
(d) To a minor who is a member of the household or immediate family
of a victim of a battery which constitutes domestic violence pursuant to
NRS 33.018 who needs an assessment, a
psychological evaluation or psychological counseling for emotional trauma
suffered by the minor as a result of the battery.
(e) To a member of the victim’s household or immediate family for
psychological counseling for emotional trauma suffered by the member as a
result of the crime of murder as defined in NRS 200.010 .
2. As used in this section:
(a) “Battery” has the meaning ascribed to it in paragraph (a) of
subsection 1 of NRS 200.481 .
(b) “Household” means an association of persons who live in the
same home or dwelling and who:
(1) Have significant personal ties to the victim; or
(2) Are related by blood, adoption or marriage, within the
first degree of consanguinity or affinity.
(c) “Immediate family” means persons who are related by blood,
adoption or marriage, within the first degree of consanguinity or
affinity.
(Added to NRS by 1969, 1153; A 1981, 1670; 1989, 1510; 1991, 128,
768; 2001, 2487 )
Upon application made by
an appropriate prosecuting authority, the compensation, hearing or
appeals officer or the Board may suspend any proceedings being conducted
pursuant to NRS 217.010 to 217.270
, inclusive, for such period as he or it
deems appropriate on the ground that a prosecution for an offense arising
from the act or omission to act on which the claim for compensation is
based has been commenced or is imminent.
(Added to NRS by 1969, 1153; A 1975, 1293; 1981, 1670; 1991, 768)
1. In determining whether to make an order for compensation, the
compensation officer shall consider the provocation, consent or any other
behavior of the victim that directly or indirectly contributed to his
injury or death, the prior case or social history, if any, of the victim,
the need of the victim or his dependents for financial aid and other
relevant matters.
2. If the applicant has received or is likely to receive an amount
on account of his injury or the death of another from:
(a) The person who committed the crime that caused the victim’s
injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) Another private or public source or program of assistance,
Ê the applicant shall report the amount received or that he is likely to
receive to the compensation officer. Any of those sources that are
obligated to pay an amount after the award of compensation shall pay the
Board the amount of compensation that has been paid to the applicant and
pay the remainder of the amount due to the applicant. The compensation
officer shall deduct the amounts that the applicant has received or is
likely to receive from those sources from the applicant’s total expenses.
3. An order for compensation may be made whether or not a person
is prosecuted or convicted of an offense arising from the act on which
the claim for compensation is based.
4. As used in this section, “public source or program of
assistance” means:
(a) Public assistance, as defined in NRS 422.050 and 422A.065 ;
(b) Social services provided by a social service agency, as defined
in NRS 430A.080 ; or
(c) Other assistance provided by a public entity.
(Added to NRS by 1969, 1153; A 1981, 1670; 1985, 2102; 1991, 768;
1997, 788; 2005, 22nd Special Session, 49 )
1. The compensation officer may order the payment of compensation
and the award of a Governor’s certificate for meritorious citizen’s
service to a victim for:
(a) Medical expenses, expenses for psychological counseling and
nonmedical remedial care and treatment rendered in accordance with a
religious method of healing, that are actually and reasonably incurred as
a result of the personal injury or death of the victim;
(b) Loss of earnings or support that is reasonably incurred as a
result of the total or partial incapacity of the victim for not longer
than 52 weeks;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses that are actually and reasonably incurred as a
result of the death of the victim; and
(e) Another loss which results from the personal injury or death of
the victim and which the compensation officer determines to be reasonable.
2. The compensation officer may order the payment of compensation
for a person who pays the funeral expenses of a victim.
3. An award must not be made for more than $50,000.
(Added to NRS by 1969, 1153; A 1975, 1790; 1981, 1670; 1983, 818,
1958; 1985, 2102; 1987, 497; 1991, 769; 1995, 2220; 1997, 114, 920; 2001,
384 )
1. Except as otherwise provided in subsection 2, an order for the
payment of compensation must not be made unless the application is made
within 1 year after the date of the personal injury or death on which the
claim is based, unless waived by the Board of Examiners or a person
designated by the Board for good cause shown, and the personal injury or
death was the result of an incident or offense that was reported to the
police within 5 days of its occurrence or, if the incident or offense
could not reasonably have been reported within that period, within 5 days
of the time when a report could reasonably have been made.
2. The limitations upon payment of compensation established in
subsection 1 do not apply to a minor who is sexually abused or who is
involved in the production of pornography. Such a minor must apply for
compensation before reaching 21 years of age.
(Added to NRS by 1969, 1153; A 1981, 1671; 1983, 1958; 1985, 2103;
1989, 1510; 1991, 769; 1997, 788)
1. Except as otherwise provided in subsections 2 and 3,
compensation must not be awarded if the victim:
(a) Was injured or killed as a result of the operation of a motor
vehicle, boat or airplane unless the vehicle, boat or airplane was used
as a weapon in a deliberate attempt to harm the victim or unless the
driver of the vehicle injured a pedestrian, violated any of the
provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS
484.3795 or 484.37955 ;
(b) Was not a citizen of the United States or was not lawfully
entitled to reside in the United States at the time the incident upon
which the claim is based occurred or he is unable to provide proof that
he was a citizen of the United States or was lawfully entitled to reside
in the United States at that time;
(c) Was a coconspirator, codefendant, accomplice or adult passenger
of the offender whose crime caused the victim’s injuries;
(d) Was injured or killed while serving a sentence of imprisonment
in a prison or jail;
(e) Was injured or killed while living in a facility for the
commitment or detention of children who are adjudicated delinquent
pursuant to title 5 of NRS; or
(f) Fails to cooperate with law enforcement agencies. Such
cooperation does not require prosecution of the offender.
2. Paragraph (a) of subsection 1 does not apply to a minor who was
physically injured or killed while being a passenger in the vehicle of an
offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795 or 484.37955 .
3. A victim who is a relative of the offender or who, at the time
of the personal injury or death of the victim, was living with the
offender in a continuing relationship may be awarded compensation if the
offender would not profit by the compensation of the victim.
4. The compensation officer may deny an award if he determines
that the applicant will not suffer serious financial hardship. In
determining whether an applicant will suffer serious financial hardship,
the compensation officer shall not consider:
(a) The value of the victim’s dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal
to the victim’s annual salary.
(Added to NRS by 1969, 1153; A 1975, 1294, 1790; 1981, 1671; 1983,
818; 1985, 2103; 1987, 2270; 1991, 770; 1995, 953, 2220; 1997, 193, 605,
789; 1999, 117 ; 2003, 1127 ; 2005, 168 )
An applicant who accepts an award does so under the following
conditions:
1. The State of Nevada is immediately subrogated in the amount of
the award to any right of action or recovery the applicant may have
against any party, and that right of subrogation may be diminished for
attorney’s fees and other costs of litigation in obtaining a recovery
from another source; and
2. If recovery from any source is obtained for damages caused by
the crime, the applicant shall promptly notify the Department of
Administration of the source and amount of that recovery, and shall
promptly pay to the Board the lesser of the amount of the award made
pursuant to this chapter or the amount recovered less attorney’s fees and
costs. The duty of notice and payment pursuant to this subsection
continues until the amount of the award has been repaid to the State of
Nevada.
(Added to NRS by 1969, 1154; A 1975, 1294; 1981, 1671; 1989, 1732;
1991, 770)
Notwithstanding another
provision of law, if a person who provides a service to a victim for
which compensation is ordered pursuant to paragraph (a) of subsection 1
of NRS 217.200 accepts payment from the
Board for such a service, the person shall be deemed to have agreed to
the condition that:
1. Such payment by the Board constitutes payment in full for the
service provided; and
2. The person may not collect or attempt to collect further
payment from the victim or person on whose behalf the payment is made by
the Board.
(Added to NRS by 1997, 787)
The Board shall prepare and transmit
biennially to the Legislature a report of its activities, including:
1. The amount of compensation awarded;
2. The number of applicants;
3. The number of applicants who were denied compensation; and
4. The average length of time taken to award compensation, from
the date of receipt of the application to the date of the payment of
compensation.
(Added to NRS by 1969, 1154; A 1971, 156; 1975, 1294; 1981, 1672;
1991, 771)
1. Money for payment of compensation as ordered by the Board and
for payment of salaries and other expenses incurred by the Department of
Administration pursuant to NRS 217.010
to 217.270 , inclusive, must be paid
from the Fund for the Compensation of Victims of Crime, which is hereby
created. Money in the Fund must be disbursed on the order of the Board in
the same manner as other claims against the State are paid. The Board
shall estimate quarterly:
(a) The revenue in the Fund which is available for the payment of
compensation; and
(b) The anticipated expenses for the next quarter.
Ê If the estimated expenses for the quarter exceed the available revenue,
all claims paid in that quarter must be reduced in the same proportion as
the expenses exceeded the revenue.
2. Money deposited in the Fund which is recovered from a
forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that
money must be used for the counseling and medical treatment of victims of
crimes committed in violation of NRS 200.366 , 200.710 ,
200.720 , 200.725 , 200.730 or
201.230 .
3. The interest and income earned on the money in the Fund for the
Compensation of Victims of Crime, after deducting any applicable charges,
must be credited to the Fund.
(Added to NRS by 1969, 1154; A 1977, 328; 1981, 1341, 1672; 1983,
819, 1136, 1959; 1985, 639, 2104, 2106; 1987, 2271; 1989, 246; 1991, 771;
1995, 954)
Any person who knowingly
obtains or attempts to obtain, or aids or abets any person to obtain, by
means of a willfully false statement or representation or other
fraudulent device, assistance to which he is not entitled, or assistance
greater than that to which he is entitled pursuant to NRS 217.010 to 217.260 ,
inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 1975, 1788; A 1981, 1672)
ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
As used in NRS
217.280 to 217.350 , inclusive, “victim of sexual assault” means a
person who has been sexually assaulted as defined by NRS 200.366 or a person upon whom a sexual assault has
been attempted.
(Added to NRS by 1975, 1291; A 1977, 1633; 1987, 498)
The board of county commissioners of each county shall
provide by ordinance for the counseling and medical treatment of victims
of sexual assault in accordance with the provisions of NRS 217.280 to 217.350 ,
inclusive.
(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586)
The county in whose jurisdiction a sexual assault is committed shall pay
any costs incurred for medical care for any physical injuries resulting
from the assault which is provided to the victim not later than 72 hours
after the victim first arrives for treatment.
(Added to NRS by 1975, 1291; A 1977, 1633; 1985, 2105)
1. If any victim of sexual assault requires medical treatment for
physical injuries as a result of the sexual assault, in addition to any
initial emergency medical care provided, or if any victim or spouse of
such a victim suffers emotional trauma as a result of the sexual assault,
the victim or spouse may, upon submitting an affidavit as required by
subsection 2, apply to the board of county commissioners in the county
where the sexual assault occurred for treatment at county expense.
2. The board shall approve an application for treatment upon
receiving an affidavit from the applicant declaring that:
(a) The applicant is a victim of sexual assault or spouse of such a
victim;
(b) The sexual assault occurred in the county; and
(c) The victim requires medical treatment for physical injuries, or
the victim or spouse has suffered emotional trauma, as a result of the
sexual assault.
3. A victim who has suffered emotional trauma may select a
relative or close friend to receive counseling with the victim if the
counselor agrees that such companionship will be helpful to the victim.
If the victim’s application for treatment is approved, counseling for the
relative or friend must also be approved.
4. The filing of a report with the appropriate law enforcement
agency is a prerequisite to qualify for treatment under the provisions of
this section.
(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586; 1985, 2105)
1. Upon approval by the board of county commissioners as provided
in NRS 217.310 , medical treatment for
the victim’s physical injuries or treatment in the form of psychological,
psychiatric and marital counseling for the victim, the victim’s spouse
and any other eligible person must be made available at a county hospital
or other facility with which the board may contract for the purpose of
providing such treatment.
2. Any costs for treatment provided pursuant to this section, not
exceeding $1,000, shall be paid by the county which authorized the
treatment.
(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587; 1985, 2106)
1. The board of county commissioners shall require the
psychologist, psychiatrist or counselor treating a victim of sexual
assault or the victim’s spouse for emotional trauma suffered as a result
of the sexual assault to certify from time to time that the counseling
relates to the sexual assault and that the victim or spouse still suffers
from the effects of the emotional trauma which resulted from the sexual
assault.
2. If the person providing the treatment fails to make the
certification upon request by the board, the board may order the
treatment terminated.
(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587)
No order for
treatment pursuant to NRS 217.310 and
217.320 may be made by the board of
county commissioners unless:
1. The application for treatment is made within 60 days after the
date of the sexual assault; or
2. The sexual assault was reported to the police within 3 days
after its occurrence, or if the offense could not reasonably have been
reported within that period, within 3 days after the time when a report
could reasonably have been made.
(Added to NRS by 1975, 1292; A 1977, 1634; 1985, 2106)
In the
performance of its functions under NRS 217.280 to 217.350 ,
inclusive, the board of county commissioners may adopt, rescind and amend
regulations prescribing the procedures to be followed in the filing of
applications and for such other matters as the board deems appropriate.
(Added to NRS by 1975, 1292)
ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE
As used in NRS 217.400 to 217.475 ,
inclusive, unless the context otherwise requires:
1. “Dating relationship” means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement. The term does not include a casual relationship or an
ordinary association between persons in a business or social context.
2. “Division” means the Division of Child and Family Services of
the Department of Health and Human Services.
3. “Domestic violence” means:
(a) The attempt to cause or the causing of bodily injury to a
family or household member or the placing of the member in fear of
imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a
family or household member, a person with whom he had or is having a
dating relationship or with whom he has a child in common, or upon his
minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to
perform an act from which he has the right to refrain or to refrain from
an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct
intended to harass the other. Such conduct may include, without
limitation:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the other’s residence, or forcible
entry against the other’s will if there is a reasonably foreseeable risk
of harm to the other from the entry.
4. “Family or household member” means a spouse, a former spouse, a
parent or other adult person who is related by blood or marriage or is or
was actually residing with the person committing the act of domestic
violence.
5. “Participant” means an adult, child or incompetent person for
whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471 ,
inclusive.
6. “Victim of domestic violence” includes the dependent children
of the victim.
7. “Victim of sexual assault” means a person who has been sexually
assaulted as defined in NRS 200.366 or
a person upon whom a sexual assault has been attempted.
8. “Victim of stalking” means a person who is a victim of the
crime of stalking or aggravated stalking as set forth in NRS 200.575
.
(Added to NRS by 1981, 379; A 1983, 909; 1993, 551; 1995, 904;
1997, 1330, 1818, 3363; 1999, 669 ; 2001, 692 ; 2005, 95 )
In a county whose
population is 400,000 or more, the Administrator of the Division shall
allocate 15 percent of all money granted to organizations in the county
from the Account for Aid for Victims of Domestic Violence to an
organization in the county which has been specifically created to assist
victims of sexual assault. The Administrator of the Division has the
final authority in determining whether an organization may receive money
pursuant to this section. Any organization which receives money pursuant
to this section shall furnish reports to the Administrator of the
Division as required by NRS 217.460 . To
be eligible for this money, the organization must receive at least 15
percent of its money from sources other than the Federal Government, the
State, any local government or other public body or their
instrumentalities. Any goods or services which are contributed to the
organization may be assigned their reasonable monetary value for the
purpose of complying with this requirement.
(Added to NRS by 1981, 379; A 1983, 1963; 1985, 872; 1989, 1910;
2001, 693 )
To be eligible for a grant from the Account for
Aid for Victims of Domestic Violence, an applicant must:
1. Be a nonprofit corporation, incorporated or qualified in this
state.
2. Be governed by a board of trustees which reflects the racial,
ethnic, economic and social composition of the county to be served and
includes at least one trustee who has been a victim of domestic violence.
3. Receive at least 15 percent of its money from sources other
than the Federal Government, the State, any local government or other
public body or their instrumentalities. Any goods or services which are
contributed to the organization may be assigned their reasonable monetary
value for the purpose of complying with the requirement of this
subsection.
4. Provide its services exclusively for victims of domestic
violence and only within this state.
5. Require its employees and volunteer assistants to maintain the
confidentiality of any information which would identify persons receiving
the services.
6. Provide its services without any discrimination on the basis of
race, religion, color, age, sex, marital status, national origin or
ancestry.
7. Be able to provide:
(a) Except in counties whose population is less than 100,000,
shelter to victims on any day, at any hour.
(b) A telephone service capable of receiving emergency calls on any
day, at any hour.
(c) Except in counties whose population is less than 100,000,
facilities where food can be stored and prepared.
(d) Counseling, or make referrals for counseling, for victims or
spouses of victims and their children.
(e) Assistance to victims in obtaining legal, medical,
psychological or vocational help.
(f) Education and training for members of the community on matters
which relate to domestic violence.
(Added to NRS by 1981, 380; A 1983, 909; 1999, 118 )
1. An Account for Aid for Victims of Domestic Violence is hereby
created in the State General Fund. The Account must be administered by
the Administrator of the Division.
2. Any nonprofit organization in the State which is able to meet
the requirements specified in subsection 7 of NRS 217.420 may apply for a grant from the Account for Aid
for Victims of Domestic Violence.
3. An application for a grant must be received by the Division
before April 1 preceding the fiscal year for which the grant is sought.
(Added to NRS by 1981, 381; A 1983, 910)
No
organization in a county whose population is less than 100,000 which
receives a grant from the Account for Aid for Victims of Domestic
Violence may expend that money until its budget for using the money is
approved by the Division.
(Added to NRS by 1983, 909)
1. The Commission on Mental Health and Developmental Services
shall advise the Administrator of the Division concerning the award of
grants from the Account for Aid for Victims of Domestic Violence.
2. The Administrator of the Division shall give priority to those
applications for grants from the Account for Aid for Victims of Domestic
Violence submitted by organizations which offer the broadest range of
services for the least cost within one or more counties. The
Administrator shall not approve the use of money from a grant to acquire
any buildings.
3. The Administrator of the Division has the final authority to
approve or deny an application for a grant. The Administrator shall
notify each applicant in writing of the action taken on its application
within 45 days after the deadline for filing the application.
4. In determining the amount of money to be allocated for grants,
the Administrator of the Division shall use the following formula:
(a) A basic allocation of $7,000 must be made for each county whose
population is less than 100,000. For counties whose population is 100,000
or more, the basic allocation is $35,000. These allocations must be
increased or decreased for each fiscal year ending after June 30, 1990,
by the same percentage that the amount deposited in the account during
the preceding fiscal year, pursuant to NRS 122.060 , is greater or less than the sum of $791,000.
(b) Any additional revenue available in the account must be
allocated to grants, on a per capita basis, for all counties whose
population is 20,000 or more.
(c) Money remaining in the account after disbursement of grants
does not revert and may be awarded in a subsequent year.
(Added to NRS by 1981, 381; A 1983, 911; 1985, 2275; 1989, 892,
1911; 1993, 551; 1999, 109 , 119 ; 2001, 56 , 1960 )
1. Each organization which has received a grant for assistance to
victims of domestic violence shall furnish quarterly and annual financial
reports to the Administrator of the Division in a manner which the
Administrator may prescribe.
2. The Administrator shall review the reports from the
organizations, compile the information contained in them about the
individual programs for assistance to victims of domestic violence,
conduct a financial review of all expenditures, and make a comprehensive
report biennially to the Legislature, including an evaluation of the
effectiveness of the respective organizations in aiding victims of
domestic violence.
(Added to NRS by 1981, 381; A 1983, 911)
1. An adult person, a parent or guardian acting on behalf of a
child, or a guardian acting on behalf of an incompetent person may apply
to the Secretary of State to have a fictitious address designated by the
Secretary of State serve as the address of the adult, child or
incompetent person.
2. An application for the issuance of a fictitious address must
include:
(a) Specific evidence showing that the adult, child or incompetent
person has been a victim of domestic violence, sexual assault or stalking
before the filing of the application;
(b) The address that is requested to be kept confidential;
(c) A telephone number at which the Secretary of State may contact
the applicant;
(d) A question asking whether the person wishes to:
(1) Register to vote; or
(2) Change the address of his current registration;
(e) A designation of the Secretary of State as agent for the adult,
child or incompetent person for the purposes of:
(1) Service of process; and
(2) Receipt of mail;
(f) The signature of the applicant;
(g) The date on which the applicant signed the application; and
(h) Any other information required by the Secretary of State.
3. It is unlawful for a person knowingly to attest falsely or
provide incorrect information in the application. A person who violates
this subsection is guilty of a misdemeanor.
4. The Secretary of State shall approve an application if it is
accompanied by specific evidence, such as a copy of an applicable record
of conviction, a temporary restraining order or other protective order,
that the adult, child or incompetent person has been a victim of domestic
violence, sexual assault or stalking before the filing of the application.
5. The Secretary of State shall approve or disapprove an
application for a fictitious address within 5 business days after the
application is filed.
(Added to NRS by 1997, 1329; A 2001, 693 ; 2005, 96 )
1. If the Secretary of State approves an application, he shall:
(a) Designate a fictitious address for the participant; and
(b) Forward mail that he receives for a participant to the
participant.
2. The Secretary of State shall not make any records containing
the name, confidential address or fictitious address of a participant
available for inspection or copying, unless:
(a) The address is requested by a law enforcement agency, in which
case the Secretary of State shall make the address available to the law
enforcement agency; or
(b) He is directed to do so by lawful order of a court of competent
jurisdiction, in which case the Secretary of State shall make the address
available to the person identified in the order.
3. If a pupil is attending or wishes to attend a public school
that is located outside the zone of attendance as authorized by paragraph
(b) of subsection 2 of NRS 388.040 or a public school that is located in a school district other
than the school district in which the pupil resides as authorized by NRS
392.016 , the Secretary of State shall, upon request of the public
school that the pupil is attending or wishes to attend, inform the public
school of whether the pupil is a participant and whether the parent or
legal guardian with whom the pupil resides is a participant. The
Secretary of State shall not provide any other information concerning the
pupil or the parent or legal guardian of the pupil to the public school.
(Added to NRS by 1997, 1330; A 2001, 694 ; 2005, 97 )
If a participant indicates to the
Secretary of State that the participant wishes to register to vote or
change the address of his current registration, the Secretary of State
shall furnish the participant with the form developed by the Secretary of
State pursuant to the provisions of NRS 293.5002 .
(Added to NRS by 1997, 1330)
1. Except as otherwise provided in subsections 2 and 3, the
Secretary of State shall cancel the fictitious address of a participant 4
years after the date on which the Secretary of State approved the
application.
2. The Secretary of State shall not cancel the fictitious address
of a participant if, before the fictitious address of the participant is
cancelled, the participant shows to the satisfaction of the Secretary of
State that the participant remains in imminent danger of becoming a
victim of domestic violence, sexual assault or stalking.
3. The Secretary of State may cancel the fictitious address of a
participant at any time if:
(a) The participant changes his confidential address from the one
listed in the application and fails to notify the Secretary of State
within 48 hours after the change of address; or
(b) The Secretary of State determines that false or incorrect
information was knowingly provided in the application.
(Added to NRS by 1997, 1330; A 2001, 694 ; 2005, 98 )
The Secretary of State shall adopt procedures to carry out the
provisions of NRS 217.462 to 217.471
, inclusive.
(Added to NRS by 1997, 1330)
1. A court or an agency of a local government may organize or
sponsor one or more multidisciplinary teams to review the death of the
victim of a crime that constitutes domestic violence pursuant to NRS
33.018 .
2. If a multidisciplinary team is organized or sponsored pursuant
to subsection 1, the court or agency shall review the death of a victim
upon receiving a written request from a person related to the victim
within the third degree of consanguinity, if the request is received by
the court or agency within 1 year after the date of death of the victim.
3. Members of a team that is organized or sponsored pursuant to
subsection 1 serve at the pleasure of the court or agency that organizes
or sponsors the team and must include, without limitation,
representatives of organizations concerned with law enforcement, issues
related to physical or mental health, or the prevention of domestic
violence and assistance to victims of domestic violence.
4. Each organization represented on such a team may share with
other members of the team information in its possession concerning the
victim who is the subject of the review or any person who was in contact
with the victim and any other information deemed by the organization to
be pertinent to the review. Any information shared by an organization
with other members of a team is confidential.
5. A team organized pursuant to this section may, upon request,
provide a report concerning its review to a person related to the victim
within the third degree of consanguinity.
6. Before establishing a team to review the death of a victim
pursuant to this section, a court or an agency shall adopt a written
protocol describing its objectives and the structure of the team.
7. A team organized pursuant to this section may, if appropriate,
meet with a multidisciplinary team to review the death of a child
organized pursuant to NRS 432B.405 .
8. Each member of a team organized pursuant to this section is
immune from civil or criminal liability for an activity related to the
review of the death of a victim.
9. The results of the review of the death of a victim pursuant to
this section are not admissible in any civil action or proceeding.
(Added to NRS by 1997, 3363)
ASSISTANCE TO VICTIMS OF SEXUAL ABUSE
1. The board of county commissioners of each county shall provide
by ordinance for the counseling of victims of sexual abuse and any
relatives living with the victims. A relative is not eligible to receive
counseling if he committed the sexual abuse for which counseling is
sought. The counseling may be provided only upon request by the victim or
eligible relative.
2. As used in this section, “sexual abuse” has the meaning
ascribed to it in NRS 432B.100 .
(Added to NRS by 1985, 2099)
