Senate Bill No. 4–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes various changes concerning department of prisons. (BDR 16‑3)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the department of prisons; allowing the director to establish a system for offender management in each institution and facility of the department; allowing the director to continue to develop and implement a program of facility training for correctional staff in each institution and facility of the department; changing the name of the department; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 209 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  The director may establish, with the approval of the board, a

1-4  system for offender management, to be implemented in each institution

1-5  and facility of the department, which consists of structured living

1-6  programs for offenders and the management of units by the staff, with

1-7  levels of custody, security and privileges and opportunities for offenders

1-8  based upon the assessed needs of the offenders as determined by their

1-9  initial and ongoing classification and evaluation.

1-10    Sec. 3.  The director may continue to develop and implement, in each

1-11  institution and facility of the department, a program of facility training

1-12  for the correctional staff.

1-13    Sec. 4.  NRS 209.051 is hereby amended to read as follows:

1-14    209.051  “Department” means the department of [prisons.] corrections.

1-15    Sec. 5.  NRS 209.061 is hereby amended to read as follows:

1-16    209.061  “Director” means the director of the department . [of prisons.]

1-17    Sec. 6.  NRS 209.101 is hereby amended to read as follows:

1-18    209.101  1.  The department of [prisons] corrections is hereby

1-19  created.

1-20    2.  The head of the department is the board of state prison

1-21  commissioners.

2-1    3.  The governor is the president of the board. The secretary of state is

2-2  the secretary of the board.

2-3    4.  Any two members of the board constitute a quorum for the

2-4  transaction of business.

2-5    5.  The secretary shall keep full and correct records of all the

2-6  transactions and proceedings of the board.

2-7    Sec. 7.  NRS 209.136 is hereby amended to read as follows:

2-8    209.136  The director of the department [of prisons] shall notify the

2-9  senate standing committee on finance and the assembly standing

2-10  committee on ways and means during a regular or special session of the

2-11  legislature and the interim finance committee when the legislature is not in

2-12  session of any:

2-13    1.  Negotiations entered into by the department to resolve any potential

2-14  or existing litigation which could have a fiscal effect that exceeds the

2-15  amount budgeted for that purpose by the legislature; and

2-16    2.  Plans regarding the location of any prison facility or institution.

2-17    Sec. 8.  NRS 209.151 is hereby amended to read as follows:

2-18    209.151  1.  The director shall appoint an assistant director for

2-19  industrial programs who:

2-20    (a) Is responsible to the director for the administration of all industrial,

2-21  vocational and agricultural programs for the employment of offenders,

2-22  except conservation camps and centers for the purpose of making

2-23  restitution; and

2-24    (b) Shall enforce all policies and regulations of the department relating

2-25  to industrial, vocational and agricultural programs.

2-26    2.  In addition to the assistant director appointed pursuant to subsection

2-27  1, the director shall appoint such other assistant directors as are necessary.

2-28    3.  The assistant directors are in the classified service of the state

2-29  except for purposes of retention.

2-30    4.  During any absence of the director, he shall designate an assistant

2-31  director or a warden to act as director of the department without increase in

2-32  salary.

2-33    5.  The assistant directors shall carry out such administrative duties as

2-34  may be assigned to them by the director and shall not engage in any other

2-35  gainful employment or occupation.

2-36    Sec. 9.  NRS 209.153 is hereby amended to read as follows:

2-37    209.153  The assistant director for industrial programs appointed

2-38  pursuant to subsection 1 of NRS 209.151 is entitled to receive the same

2-39  retirement benefits as police officers and firemen employed by public

2-40  employers. For this purpose, the provisions of chapter 286 of NRS

2-41  governing the retirement benefits of police officers and firemen apply to

2-42  the assistant director [.] for industrial programs.

2-43    Sec. 10.  NRS 209.183 is hereby amended to read as follows:

2-44    209.183  In addition to his regular salary, each person employed by the

2-45  department of [prisons] corrections or the division of forestry of the state

2-46  department of conservation and natural resources at the Southern Nevada

2-47  Correctional Center, the Southern Desert Correctional Center, the Indian

2-48  Springs Conservation Camp, the correctional institution identified as the

2-49  Men’s Prison No. 7 in chapter 656, Statutes of Nevada 1995, and chapter

3-1  478, Statutes of Nevada 1997, or the Jean Conservation Camp is entitled to

3-2  receive, as compensation for travel expenses, not more than $7.50 for each

3-3  day he reports to work if his residence is more than 25 miles from the

3-4  respective facility. The total cost for compensation for travel expenses

3-5  authorized by this section must not exceed the amount specially

3-6  appropriated for this purpose.

3-7    Sec. 11.  NRS 209.189 is hereby amended to read as follows:

3-8    209.189  1.  The fund for prison industries is hereby created as an

3-9  enterprise fund to receive all revenues derived from programs for

3-10  vocational training and employment of offenders and the operation of the

3-11  prison farm and to receive all revenues raised by the department from

3-12  private employers for the leasing of space, facilities or equipment within

3-13  the institutions or facilities of the department . [of prisons.]

3-14    2.  Money in the fund must be maintained in separate budgetary

3-15  accounts, including at least one account for industrial programs and one for

3-16  the prison farm.

3-17    3.  Subject to the approval of the state board of examiners, the director

3-18  may expend money deposited in this fund for the promotion and

3-19  development of these programs and the prison farm. The director shall

3-20  expend money deposited in this fund to pay the premiums required for

3-21  coverage of offenders under the modified program of industrial insurance

3-22  adopted pursuant to NRS 616B.028.

3-23    4.  The interest and income earned on the money in the fund, after

3-24  deducting any applicable charges, must be credited to the fund.

3-25    5.  If money owed to the department for the leasing of space, facilities

3-26  or equipment within the institutions or facilities of the department or for

3-27  the purchase of goods or services, which must be deposited into the fund

3-28  for prison industries pursuant to subsection 1, is not paid on or before the

3-29  date due, the department shall charge and collect, in addition to the money

3-30  due, interest on the money due at the rate of 1.5 percent per month or

3-31  fraction thereof from the date on which the money became due until the

3-32  date of payment.

3-33    Sec. 12.  NRS 209.248 is hereby amended to read as follows:

3-34    209.248  1.  The department [of prisons] shall establish in any insured

3-35  bank, credit union or savings and loan association doing business in this

3-36  state an account for disbursements to offenders. The balance in the account

3-37  must not exceed $600,000. Money in the account may be expended only

3-38  for the payment of transactions involving offenders’ trust funds.

3-39    2.  Payments made from the account for disbursements to offenders

3-40  must be promptly reimbursed from money in the appropriate fund on

3-41  deposit with the state treasurer.

3-42    Sec. 13.  NRS 209.274 is hereby amended to read as follows:

3-43    209.274  1.  Except as otherwise provided in this section, when an

3-44  offender is required or requested to appear before a court in this state, the

3-45  department [of prisons] shall transport the offender to and from court on

3-46  the day scheduled for his appearance.

3-47    2.  If notice is not provided within the time set forth in NRS 50.215, the

3-48  department shall transport the offender to court on the date scheduled for

3-49  his appearance if it is possible to transport the offender in the usual manner

4-1  for the transportation of offenders by the department. If it is not possible

4-2  for the department to transport the offender in the usual manner:

4-3    (a) The department shall make the offender available on the date

4-4  scheduled for his appearance to provide testimony by telephone or by

4-5  video, if so requested by the court.

4-6    (b) The department shall provide for special transportation of the

4-7  offender to and from the court, if the court so orders. If the court orders

4-8  special transportation, it shall order the county in which the court is located

4-9  to reimburse the department for any cost incurred for the special

4-10  transportation.

4-11    (c) The court may order the county sheriff to transport the offender to

4-12  and from the court at the expense of the county.

4-13    Sec. 14.  NRS 209.382 is hereby amended to read as follows:

4-14    209.382  1.  The state health officer shall periodically examine and

4-15  shall report to the board semiannually upon the following operations of the

4-16  department : [of prisons:]

4-17    (a) The medical and dental services and places where they are provided,

4-18  based upon the standards for medical facilities as provided in chapter 449

4-19  of NRS.

4-20    (b) The nutritional adequacy of the diet of incarcerated offenders taking

4-21  into account the religious or medical dietary needs of an offender and the

4-22  adjustment of dietary allowances for age, sex and level of activity.

4-23    (c) The sanitation, healthfulness, cleanliness and safety of its various

4-24  institutions and facilities.

4-25    2.  The board shall take appropriate action to remedy any deficiencies

4-26  reported [under] pursuant to subsection 1.

4-27    Sec. 15.  NRS 209.429 is hereby amended to read as follows:

4-28    209.429  1.  Except as otherwise provided in subsection 6, the director

4-29  shall assign an offender to the custody of the division of parole and

4-30  probation of the department of motor vehicles and public safety to serve a

4-31  term of residential confinement, pursuant to NRS 213.380, for not longer

4-32  than the remainder of the maximum term of his sentence if:

4-33    (a) The offender has:

4-34      (1) Established a position of employment in the community;

4-35      (2) Enrolled in a program for education or rehabilitation; or

4-36      (3) Demonstrated an ability to pay for all or part of the costs of his

4-37  confinement and to meet any existing obligation for restitution to any

4-38  victim of his crime;

4-39    (b) The offender has successfully completed the initial period of

4-40  treatment required under the program of treatment established pursuant to

4-41  NRS 209.425; and

4-42    (c) The director believes that the offender will be able to:

4-43      (1) Comply with the terms and conditions required under residential

4-44  confinement; and

4-45      (2) Complete successfully the remainder of the program of treatment

4-46  while under residential confinement.

4-47  If an offender assigned to the program of treatment pursuant to NRS

4-48  209.427, completes the initial phase of the program and thereafter refuses

4-49  to enter the remainder of the program of treatment pursuant to this section,

5-1  the offender forfeits all or part of the credits earned by him to reduce his

5-2  sentence pursuant to this chapter before this refusal, as determined by the

5-3  director. The director may provide for a forfeiture of credits pursuant to

5-4  this paragraph only after proof of the offense and notice to the offender,

5-5  and may restore credits forfeited for such reasons as he considers proper.

5-6  The decision of the director regarding such a forfeiture is final.

5-7    2.  Before a person may be assigned to serve a term of residential

5-8  confinement pursuant to this section, he must submit to the division of

5-9  parole and probation a signed document stating that:

5-10    (a) He will comply with the terms or conditions of his residential

5-11  confinement; and

5-12    (b) If he fails to comply with the terms or conditions of his residential

5-13  confinement and is taken into custody outside of this state, he waives all

5-14  his rights relating to extradition proceedings.

5-15    3.  If an offender assigned to the custody of the division of parole and

5-16  probation pursuant to this section escapes or violates any of the terms or

5-17  conditions of his residential confinement:

5-18    (a) The division of parole and probation may, pursuant to the procedure

5-19  set forth in NRS 213.410, return the offender to the custody of the

5-20  department . [of prisons.]

5-21    (b) The offender forfeits all or part of the credits earned by him to

5-22  reduce his sentence pursuant to this chapter before the escape or violation,

5-23  as determined by the director. The director may provide for a forfeiture of

5-24  credits pursuant to this paragraph only after proof of the offense and notice

5-25  to the offender, and may restore credits forfeited for such reasons as he

5-26  considers proper. The decision of the director regarding forfeiture of

5-27  credits is final.

5-28    4.  The assignment of an offender to the custody of the division of

5-29  parole and probation pursuant to this section shall be deemed:

5-30    (a) A continuation of his imprisonment and not a release on parole; and

5-31    (b) For the purposes of NRS 209.341, an assignment to a facility of the

5-32  department , [of prisons,]

5-33  except that the offender is not entitled to obtain any benefits or to

5-34  participate in any programs provided to offenders in the custody of the

5-35  department . [of prisons.]

5-36    5.  A person does not have a right to be assigned to the custody of the

5-37  division of parole and probation pursuant to this section, or to remain in

5-38  that custody after such an assignment, and it is not intended that the

5-39  provisions of this section or of NRS 213.371 to 213.410, inclusive, create

5-40  any right or interest in liberty or property or establish a basis for any cause

5-41  of action against the state, its political subdivisions, agencies, boards,

5-42  commissions, departments, officers or employees.

5-43    6.  The director shall not assign an offender who is serving a sentence

5-44  for committing a battery which constitutes domestic violence pursuant to

5-45  NRS 33.018 to the custody of the division of parole and probation to serve

5-46  a term of residential confinement unless the director makes a finding that

5-47  the offender is not likely to pose a threat to the victim of the battery.

 

 

6-1    Sec. 16.  NRS 209.481 is hereby amended to read as follows:

6-2    209.481  1.  The director shall not assign any prisoner to an institution

6-3  or facility of minimum security if the prisoner:

6-4    (a) Except as otherwise provided in NRS 484.3792 and 484.3795, is not

6-5  eligible for parole or release from prison within a reasonable period;

6-6    (b) Has recently committed a serious infraction of the rules of an

6-7  institution or facility of the department ; [of prisons;]

6-8    (c) Has not performed the duties assigned to him in a faithful and

6-9  orderly manner;

6-10    (d) Has been convicted of a sexual offense;

6-11    (e) Has committed an act of serious violence during the previous year;

6-12  or

6-13    (f) Has attempted to escape or has escaped from an institution of the

6-14  department . [of prisons.]

6-15    2.  The director shall, by regulation, establish procedures for classifying

6-16  and selecting qualified prisoners.

6-17    Sec. 17.  NRS 209.4813 is hereby amended to read as follows:

6-18    209.4813  1.  The advisory board on industrial programs is hereby

6-19  created.

6-20    2.  The advisory board consists of the director of the department , [of

6-21  prisons,] the chief of the purchasing division of the department of

6-22  administration and eight members appointed by the interim finance

6-23  committee as follows:

6-24    (a) Two members of the senate.

6-25    (b) Two members of the assembly.

6-26    (c) Two persons who represent manufacturing in this state.

6-27    (d) One person who represents business in this state.

6-28    (e) One person who represents organized labor in this state.

6-29    3.  The members of the advisory board shall select a chairman from

6-30  among their membership.

6-31    4.  Each member of the advisory board appointed by the interim

6-32  finance committee must be appointed to a term of 2 years and may be

6-33  reappointed.

6-34    5.  Except during a regular or special session of the legislature, each

6-35  legislator who is a member of the advisory board is entitled to receive the

6-36  compensation provided for a majority of the members of the legislature

6-37  during the first 60 days of the preceding regular session for each day or

6-38  portion of a day during which he attends a meeting of the advisory board or

6-39  is otherwise engaged in the work of the advisory board. Each

6-40  nonlegislative member appointed by the interim finance committee is

6-41  entitled to receive compensation for his service on the advisory board in

6-42  the same amount and manner as the legislative members whether or not the

6-43  legislature is in session. Each nonlegislative member of the advisory board

6-44  is entitled to receive the per diem allowance and travel expenses provided

6-45  for state officers and employees generally. Each legislator who is a

6-46  member of the advisory board is entitled to receive the per diem allowance

6-47  provided for state officers and employees generally and the travel expenses

6-48  provided pursuant to NRS 218.2207. All compensation, allowances and

6-49  travel expenses must be paid from the fund for prison industries.

7-1    Sec. 18.  NRS 209.521 is hereby amended to read as follows:

7-2    209.521  1.  If a victim of an offender provides his current address to

7-3  the director and makes a written request for notification of the offender’s

7-4  release or escape, the director shall notify the victim if the offender:

7-5    (a) Will be released into the community for the purpose of employment,

7-6  training or education, or for any other purpose for which release is

7-7  authorized; or

7-8    (b) Has escaped from the custody of the department . [of prisons.]

7-9    2.  An offender must not be temporarily released into the community

7-10  for any purpose unless notification of the release has been given to every

7-11  victim of the offender who has requested notification and has provided his

7-12  current address.

7-13    3.  The director may not be held responsible for any injury proximately

7-14  caused by his failure to give any notice required pursuant to subsection 1 or

7-15  2 if no address was provided to the director or the address provided is

7-16  inaccurate or not current.

7-17    4.  All personal information, including, but not limited to, a current or

7-18  former address, which pertains to a victim and which is received by the

7-19  director pursuant to this section is confidential.

7-20    5.  As used in this section, “victim” has the meaning ascribed to it in

7-21  NRS 213.005.

7-22    Sec. 19.  NRS 211.040 is hereby amended to read as follows:

7-23    211.040  1.  Payment of expenses and the method of transporting a

7-24  prisoner from a county jail to an institution or facility of the department of

7-25  [prisons] corrections must be as provided in chapter 209 of NRS. When a

7-26  prisoner is transferred from the county jail to such an institution or facility,

7-27  the sheriff shall provide the director of the department of [prisons]

7-28  corrections with a written report pertaining to the medical, psychiatric,

7-29  behavioral or criminal aspects of the prisoner’s history. This report may be

7-30  based upon observations of the prisoner while confined in the county jail

7-31  and must note in particular any medication or medical treatment

7-32  administered in the jail, including the type, dosage and frequency of

7-33  administration.

7-34    2.  Except as provided in subsection 1, the sheriff, personally or by his

7-35  deputy, or by one or more of his jailers, shall transfer all prisoners within

7-36  his county to whatever place of imprisonment the sentence of the court

7-37  may require, at as early a date after the sentence as practicable. For that

7-38  purpose the board of county commissioners shall pay all necessary costs,

7-39  charges and expenses of the prisoner or prisoners, and of the officer or

7-40  officers having charge thereof, to which must be added mileage for each

7-41  officer, at the rate of 20 cents per mile, one way only.

7-42    3.  The provisions of subsection 2 apply in cases where prisoners are

7-43  taken from county jails to be tried in any courts in other counties.

7-44    Sec. 20.  NRS 212.030 is hereby amended to read as follows:

7-45    212.030  1.  When any prisoner escapes from an institution or facility

7-46  of the department of [prisons,] corrections, the director of the department

7-47  may issue a warrant for the recapture of the escaped prisoner. The warrant

7-48  is effective in any county in this state, and may command the sheriff of any

8-1  county in this state, or any constable thereof, or any police officer of any

8-2  city in this state, to arrest the prisoner and return him to the director.

8-3    2.  When any prisoner escapes from a jail, branch county jail or other

8-4  local detention facility, the sheriff, chief of police or other officer

8-5  responsible for the operation of the facility may issue a warrant for the

8-6  recapture of the escaped prisoner. The warrant is effective in any county in

8-7  this state, and may command the sheriff of any county in this state, or any

8-8  constable thereof, or any police officer of any city in this state, to arrest the

8-9  prisoner and return him to the officer who issued the warrant.

8-10    Sec. 21.  NRS 212.040 is hereby amended to read as follows:

8-11    212.040  1.  If an escape is not the result of carelessness,

8-12  incompetency or other official delinquency of the director or other officers

8-13  of the department of [prisons,] corrections, all expenses of enforcing the

8-14  provisions of NRS 212.030 or appertaining to the recapture and return of

8-15  escaped convicts are a charge against the state, and must be paid out of the

8-16  reserve for statutory contingency account upon approval by the state board

8-17  of examiners.

8-18    2.  Except as otherwise provided in NRS 211.060, all expenses of

8-19  enforcing the provisions of NRS 212.030 or appertaining to the recapture

8-20  and return of escaped convicts are a charge against the county, city or other

8-21  local government responsible for the operation of that facility.

8-22    Sec. 22.  NRS 212.150 is hereby amended to read as follows:

8-23    212.150  1.  A person shall not visit, or in any manner communicate

8-24  with, any prisoner convicted of or charged with any felony, imprisoned in

8-25  the county jail, other than the officer having such prisoner in charge, his

8-26  attorney, or the district attorney, unless the person has a written permission

8-27  so to do, signed by the district attorney, or has the consent of the director of

8-28  the department of [prisons] corrections or the constable or sheriff having

8-29  such prisoner in charge.

8-30    2.  Any person violating, aiding in, conniving at, or participating in the

8-31  violation of this section is guilty of a gross misdemeanor.

8-32    Sec. 23.  NRS 212.160 is hereby amended to read as follows:

8-33    212.160  1.  A person, who is not authorized by law, who knowingly

8-34  furnishes, attempts to furnish, or aids or assists in furnishing or attempting

8-35  to furnish to a prisoner confined in an institution of the department of

8-36  [prisons,] corrections, or any other place where prisoners are authorized to

8-37  be or are assigned by the director of the department, any deadly weapon,

8-38  explosive, a facsimile of a firearm or an explosive, any controlled

8-39  substance or intoxicating liquor, shall be punished:

8-40    (a) Where a deadly weapon, controlled substance, explosive or a

8-41  facsimile of a firearm or explosive is involved, for a category B felony by

8-42  imprisonment in the state prison for a minimum term of not less than 1 year

8-43  and a maximum term of not more than 6 years, and may be further

8-44  punished by a fine of not more than $5,000.

8-45    (b) Where an intoxicant is involved, for a gross misdemeanor.

8-46    2.  Knowingly leaving or causing to be left any deadly weapon,

8-47  explosive, facsimile of a firearm or explosive, controlled substance or

8-48  intoxicating liquor where it may be obtained by any prisoner constitutes,

9-1  within the meaning of this section, the furnishing of the article to the

9-2  prisoner.

9-3    3.  A prisoner confined in an institution of the department of [prisons,]

9-4  corrections, or any other place where prisoners are authorized to be or are

9-5  assigned by the director of the department, who possesses a controlled

9-6  substance without lawful authorization is guilty of a category D felony and

9-7  shall be punished as provided in NRS 193.130.

9-8    Sec. 24.  NRS 212.180 is hereby amended to read as follows:

9-9    212.180  It is unlawful for any person, unless he was licensed to sell

9-10  alcoholic beverages at that address before July 1, 1983, to sell by wholesale

9-11  or retail any alcoholic beverage within one-half mile of any institution

9-12  under the jurisdiction of the department of [prisons] corrections which is

9-13  designed to house 125 or more offenders within a secure perimeter, and no

9-14  license may be granted authorizing the sale of any alcoholic beverage

9-15  within one-half mile of such an institution.

9-16    Sec. 25.  NRS 213.020 is hereby amended to read as follows:

9-17    213.020  1.  Any person intending to apply to have a fine or forfeiture

9-18  remitted, or a punishment commuted, or a pardon granted, or someone in

9-19  his behalf, shall make out a notice and four copies in writing of the

9-20  application, specifying therein:

9-21    (a) The court in which the judgment was rendered;

9-22    (b) The amount of the fine or forfeiture, or kind or character of

9-23  punishment;

9-24    (c) The name of the person in whose favor the application is to be made;

9-25    (d) The particular grounds upon which the application will be based;

9-26  and

9-27    (e) The time when it will be presented.

9-28    2.  Two of the copies must be served upon the district attorney and one

9-29  upon the district judge of the county wherein the conviction was had. The

9-30  fourth copy must be served upon the director of the department of [prisons]

9-31  corrections and the original must be filed with the clerk of the board. In

9-32  cases of fines and forfeitures a similar notice must also be served on the

9-33  chairman of the board of county commissioners of the county wherein the

9-34  conviction was had.

9-35    3.  The notice must be served, as provided in this section, at least 30

9-36  days before the presentation of the application, unless a member of the

9-37  board, for good cause, prescribes a shorter time.

9-38    Sec. 26.  NRS 213.100 is hereby amended to read as follows:

9-39    213.100  Whenever clemency is granted by the board, there shall be

9-40  served upon the director of the department of [prisons] corrections or other

9-41  officer having the person in custody, an order to discharge him therefrom

9-42  upon a day to be named in the order, upon the conditions, limitations or

9-43  restrictions named therein.

9-44    Sec. 27.  NRS 213.1088 is hereby amended to read as follows:

9-45    213.1088  1.  The department of motor vehicles and public safety in

9-46  conjunction with the department of [prisons] corrections shall establish a

9-47  program of orientation that:

9-48    (a) Each member of the board shall attend upon appointment to a first

9-49  term; and

10-1    (b) Each person named by the board to the list of persons eligible to

10-2  serve as a case hearing representative pursuant to NRS 213.135 shall attend

10-3  upon being named to the list. A person named to the list may not serve as a

10-4  case hearing representative until the person completes the program of

10-5  orientation.

10-6    2.  The program of orientation must include a minimum of 40 hours of

10-7  training. The information presented during the program of orientation must

10-8  include, but is not limited to:

10-9    (a) A historical perspective of parole, including the objectives of and

10-10  reasons for using parole within the criminal justice system;

10-11  (b) The role and function of the board within the criminal justice

10-12  system;

10-13  (c) The responsibilities of members of the board and case hearing

10-14  representatives;

10-15  (d) The goals and objectives of the board;

10-16  (e) The programs administered by the board;

10-17  (f) The policies and procedures of the board; and

10-18  (g) The laws and regulations governing parole, including the standards

10-19  for granting, denying, revoking and continuing parole.

10-20  3.  The chairman of the board shall develop a written plan for the

10-21  continuing education of members of the board and case hearing

10-22  representatives. The plan must require that:

10-23  (a) Each member of the board shall attend not less than 16 hours of

10-24  courses for continuing education during each year of the member’s term.

10-25  (b) Each case hearing representative shall attend not less than 16 hours

10-26  of courses for continuing education during each year that the representative

10-27  is on the list of persons eligible to serve as a case hearing representative.

10-28  4.  A member of the board or a case hearing representative may meet

10-29  the requirement for continuing education by successfully completing

10-30  courses in any combination of the following subjects:

10-31  (a) The role and function of the board within the criminal justice

10-32  system;

10-33  (b) Changes in the law, including judicial decisions affecting parole;

10-34  (c) Developing skills in communicating, making decisions and solving

10-35  problems;

10-36  (d) The interpretation and use of research, data and reports;

10-37  (e) Correctional policies and programs, including programs for the

10-38  treatment of prisoners and parolees;

10-39  (f) Alternative punishments for disobedience;

10-40  (g) The selection of prisoners for parole;

10-41  (h) The supervision of parolees;

10-42  (i) The designation of and programs for repeating or professional

10-43  offenders;

10-44  (j) Problems related to gangs;

10-45  (k) The abuse of alcohol and drugs;

10-46  (l) The acquired immune deficiency syndrome;

10-47  (m) Domestic violence; and

10-48  (n) Mental illness and mental retardation.

11-1    5.  The board shall, within the limits of legislative appropriations, pay

11-2  the expenses of members of the board and case hearing representatives

11-3  attending courses for continuing education.

11-4    Sec. 28.  NRS 213.1099 is hereby amended to read as follows:

11-5    213.1099  1.  Except as otherwise provided in this section and NRS

11-6  213.1214 and 213.1215, the board may release on parole a prisoner who is

11-7  otherwise eligible for parole pursuant to NRS 213.107 to 213.157,

11-8  inclusive.

11-9    2.  In determining whether to release a prisoner on parole, the board

11-10  shall consider:

11-11  (a) Whether there is a reasonable probability that the prisoner will live

11-12  and remain at liberty without violating the laws;

11-13  (b) Whether the release is incompatible with the welfare of society;

11-14  (c) The seriousness of the offense and the history of criminal conduct of

11-15  the prisoner;

11-16  (d) The standards adopted pursuant to NRS 213.10885 and the

11-17  recommendation, if any, of the chief; and

11-18  (e) Any documents or testimony submitted by a victim notified pursuant

11-19  to NRS 213.130.

11-20  3.  When a person is convicted of a felony and is punished by a

11-21  sentence of imprisonment, he remains subject to the jurisdiction of the

11-22  board from the time he is released on parole under the provisions of this

11-23  chapter until the expiration of the maximum term of imprisonment imposed

11-24  by the court less any credits earned to reduce his sentence pursuant to

11-25  chapter 209 of NRS.

11-26  4.  Except as otherwise provided in NRS 213.1215, the board may not

11-27  release on parole a prisoner whose sentence to death or to life without

11-28  possibility of parole has been commuted to a lesser penalty unless it finds

11-29  that the prisoner has served at least 20 consecutive years in the state prison,

11-30  is not under an order to be detained to answer for a crime or violation of

11-31  parole or probation in another jurisdiction, and that he does not have a

11-32  history of:

11-33  (a) Recent misconduct in the institution, and that he has been

11-34  recommended for parole by the director of the department of [prisons;]

11-35  corrections;

11-36  (b) Repetitive criminal conduct;

11-37  (c) Criminal conduct related to the use of alcohol or drugs;

11-38  (d) Repetitive sexual deviance, violence or aggression; or

11-39  (e) Failure in parole, probation, work release or similar programs.

11-40  5.  In determining whether to release a prisoner on parole pursuant to

11-41  this section, the board shall not consider whether the prisoner will soon be

11-42  eligible for release pursuant to NRS 213.1215.

11-43  6.  The board shall not release on parole an offender convicted of an

11-44  offense listed in NRS 179D.410 until the law enforcement agency in whose

11-45  jurisdiction the offender will be released on parole has been provided an

11-46  opportunity to give the notice required by the attorney general pursuant to

11-47  NRS 179D.600 to 179D.800, inclusive.

 

 

12-1    Sec. 29.  NRS 213.115 is hereby amended to read as follows:

12-2    213.115  Notwithstanding the provisions of any other law, any prisoner

12-3  may be released conditionally on parole at the request of the appropriate

12-4  authority of another jurisdiction for prosecution for any crime of a

12-5  magnitude equal to or greater than that for which he was imprisoned, as

12-6  determined by the severity of the sentences for the two crimes. If after such

12-7  conditional parole and prosecution by another jurisdiction the prisoner is

12-8  found not guilty of the crime as charged he must, pursuant to the board’s

12-9  written order, be returned to the actual custody of the department of

12-10  [prisons] corrections and shall serve such part of the unexpired term of his

12-11  original sentence as may be determined by the board.

12-12  Sec. 30.  NRS 213.1214 is hereby amended to read as follows:

12-13  213.1214  1.  The board shall not release on parole a prisoner

12-14  convicted of an offense listed in subsection 5 unless a panel consisting of:

12-15  (a) The administrator of the division of mental health and

12-16  developmental services of the department of human resources or his

12-17  designee;

12-18  (b) The director of the department of [prisons] corrections or his

12-19  designee; and

12-20  (c) A psychologist licensed to practice in this state or a psychiatrist

12-21  licensed to practice medicine in this state,

12-22  certifies that the prisoner was under observation while confined in an

12-23  institution of the department of [prisons] corrections and is not a menace to

12-24  the health, safety or morals of others.

12-25  2.  A prisoner who has been certified pursuant to subsection 1 and who

12-26  returns for any reason to the custody of the department of [prisons]

12-27  corrections may not be paroled unless a panel recertifies him in the manner

12-28  set forth in subsection 1.

12-29  3.  The panel may revoke the certification of a prisoner certified

12-30  pursuant to subsection 1 at any time.

12-31  4.  This section does not create a right in any prisoner to be certified or

12-32  continue to be certified. No prisoner may bring a cause of action against

12-33  the state, its political subdivisions, agencies, boards, commissions,

12-34  departments, officers or employees for not certifying or refusing to place a

12-35  prisoner before a panel for certification pursuant to this section.

12-36  5.  The provisions of this section apply to a prisoner convicted of any

12-37  of the following offenses:

12-38  (a) Sexual assault pursuant to NRS 200.366.

12-39  (b) Statutory sexual seduction pursuant to NRS 200.368.

12-40  (c) Battery with intent to commit sexual assault pursuant to NRS

12-41  200.400.

12-42  (d) Abuse or neglect of a child pursuant to NRS 200.508.

12-43  (e) An offense involving pornography and a minor pursuant to NRS

12-44  200.710 to 200.730, inclusive.

12-45  (f) Incest pursuant to NRS 201.180.

12-46  (g) Solicitation of a minor to engage in acts constituting the infamous

12-47  crime against nature pursuant to NRS 201.195.

12-48  (h) Open or gross lewdness pursuant to NRS 201.210.

12-49  (i) Indecent or obscene exposure pursuant to NRS 201.220.

13-1    (j) Lewdness with a child pursuant to NRS 201.230.

13-2    (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

13-3    (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k),

13-4  inclusive.

13-5    (m) Coercion or attempted coercion that is determined to be sexually

13-6  motivated pursuant to NRS 207.193.

13-7    Sec. 31.  NRS 213.130 is hereby amended to read as follows:

13-8    213.130  1.  The department of [prisons] corrections shall:

13-9    (a) Determine when a prisoner sentenced to imprisonment in the state

13-10  prison is eligible to be considered for parole;

13-11  (b) Notify the state board of parole commissioners of the eligibility of

13-12  the prisoner to be considered for parole; and

13-13  (c) Before a meeting to consider the prisoner for parole, compile and

13-14  provide to the board data that will assist the board in determining whether

13-15  parole should be granted.

13-16  2.  If a prisoner is being considered for parole from a sentence imposed

13-17  for conviction of a crime which involved the use of force or violence

13-18  against a victim and which resulted in bodily harm to a victim and if

13-19  original or duplicate photographs that depict the injuries of the victim or

13-20  the scene of the crime were admitted at the trial of the prisoner or were part

13-21  of the report of the presentence investigation and are reasonably available,

13-22  a representative sample of such photographs must be included with the

13-23  information submitted to the board at the meeting. A prisoner may not

13-24  bring a cause of action against the State of Nevada, its political

13-25  subdivisions, agencies, boards, commissions, departments, officers or

13-26  employees for any action that is taken pursuant to this subsection or for

13-27  failing to take any action pursuant to this subsection, including, without

13-28  limitation, failing to include photographs or including only certain

13-29  photographs. As used in this subsection, “photograph” includes any video,

13-30  digital or other photographic image.

13-31  3.  Meetings to consider prisoners for parole may be held semiannually

13-32  or more often, on such dates as may be fixed by the board. All meetings

13-33  must be open to the public.

13-34  4.  Not later than 5 days after the date on which the board fixes the date

13-35  of the meeting to consider a prisoner for parole, the board shall notify the

13-36  victim of the prisoner who is being considered for parole of the date of the

13-37  meeting and of his rights pursuant to this subsection, if the victim has

13-38  requested notification in writing and has provided his current address or if

13-39  the victim’s current address is otherwise known by the board. The victim

13-40  of a prisoner being considered for parole may submit documents to the

13-41  board and may testify at the meeting held to consider the prisoner for

13-42  parole. A prisoner must not be considered for parole until the board has

13-43  notified any victim of his rights pursuant to this subsection and he is given

13-44  the opportunity to exercise those rights. If a current address is not provided

13-45  to or otherwise known by the board, the board must not be held responsible

13-46  if such notification is not received by the victim.

13-47  5.  The board may deliberate in private after a public meeting held to

13-48  consider a prisoner for parole.

14-1    6.  The board of state prison commissioners shall provide suitable and

14-2  convenient rooms or space for use of the board.

14-3    7.  If a victim is notified of a meeting to consider a prisoner for parole

14-4  pursuant to subsection 4, the board shall, upon making a final decision

14-5  concerning the parole of the prisoner, notify the victim of its final decision.

14-6    8.  All personal information, including, but not limited to, a current or

14-7  former address, which pertains to a victim and which is received by the

14-8  board pursuant to this section is confidential.

14-9    9.  For the purposes of this section, “victim” has the meaning ascribed

14-10  to it in NRS 213.005.

14-11  Sec. 32.  NRS 213.1511 is hereby amended to read as follows:

14-12  213.1511  1.  Before a parolee who has been arrested and is in custody

14-13  for a violation of his parole may be returned to the custody of the

14-14  department of [prisons] corrections for that violation, an inquiry must be

14-15  conducted to determine whether there is probable cause to believe that he

14-16  has committed acts that would constitute such a violation.

14-17  2.  The inquiry must be conducted before an inquiring officer who:

14-18  (a) Is not directly involved in the case;

14-19  (b) Has not made the report of the violation; and

14-20  (c) Has not recommended revocation of the parole,

14-21  but he need not be a judicial officer.

14-22  3.  Except in a case where the parolee is a fugitive, the inquiry must be

14-23  held at or reasonably near the place of the alleged violation or the arrest

14-24  and within 15 working days after the arrest.

14-25  4.  Any conviction for violating a federal or state law or a local

14-26  ordinance, except a minor traffic offense, which is committed while the

14-27  prisoner is on parole constitutes probable cause for the purposes of

14-28  subsection 1 and the inquiry required therein need not be held.

14-29  5.  For the purposes of this section, the inquiring officer may

14-30  administer oaths.

14-31  Sec. 33.  NRS 213.1517 is hereby amended to read as follows:

14-32  213.1517  1.  Where the inquiring officer has determined that there is

14-33  probable cause for a hearing by the board, the chief may, after

14-34  consideration of the case and pending the next meeting of the board:

14-35  (a) Release the arrested parolee again upon parole;

14-36  (b) Order the parolee to be placed in residential confinement in

14-37  accordance with the provisions of NRS 213.15193, 213.15195 and

14-38  213.15198; or

14-39  (c) Suspend his parole and return him to confinement.

14-40  2.  The chief shall take whichever action under subsection 1 he deems

14-41  appropriate within:

14-42  (a) Fifteen days if the prisoner was paroled by the board.

14-43  (b) Thirty days if the prisoner was paroled by the authority of another

14-44  state and is under supervision in this state pursuant to NRS 213.180 to

14-45  213.210, inclusive. This paragraph does not apply to a parolee who is

14-46  retaken by an officer of the sending state.

14-47  3.  If a determination has been made that probable cause exists for the

14-48  continued detention of a paroled prisoner, the board shall consider the

14-49  prisoner’s case within 60 days after his return to the custody of the

15-1  department of [prisons] corrections or his placement in residential

15-2  confinement pursuant to subsection 1.

15-3    Sec. 34.  NRS 213.1518 is hereby amended to read as follows:

15-4    213.1518  1.  If a parolee violates a condition of his parole, he forfeits

15-5  all or part of the credits earned by him pursuant to NRS 209.447 after his

15-6  release on parole, in the discretion of the board.

15-7    2.  A forfeiture may be made only by the board after proof of the

15-8  violation and notice to the parolee.

15-9    3.  The board may restore credits forfeited for such reasons as it

15-10  considers proper.

15-11  4.  The chief parole and probation officer shall report to the director of

15-12  the department of [prisons] corrections any forfeiture or restoration of

15-13  credits pursuant to this section.

15-14  Sec. 35.  NRS 213.300 is hereby amended to read as follows:

15-15  213.300  1.  The department of [prisons] corrections shall establish

15-16  and administer a program of work release under which a person sentenced

15-17  to a term of imprisonment in an institution of the department may be

15-18  granted the privilege of leaving secure custody during necessary and

15-19  reasonable hours to:

15-20  (a) Work in this state at gainful private employment that has been

15-21  approved by the director of the department for that purpose.

15-22  (b) Obtain in this state additional education, including vocational,

15-23  technical and general education.

15-24  2.  The program may also include temporary leave for the purpose of

15-25  seeking employment in this state.

15-26  3.  The director is responsible for the quartering and supervision of

15-27  offenders enrolled in the program.

15-28  Sec. 36.  NRS 213.310 is hereby amended to read as follows:

15-29  213.310  1.  The director of the department of [prisons] corrections

15-30  shall, by appropriate means of classification and selection, determine

15-31  which of the offenders, during the last 6 months’ confinement, are suitable

15-32  for the program of work release, excluding those sentenced to life

15-33  imprisonment who are not eligible for parole and those imprisoned for

15-34  violations of chapter 201 of NRS who have not been certified by the

15-35  designated board as eligible for parole.

15-36  2.  The director shall then select the names of those offenders he

15-37  determines to be eligible for the program.

15-38  Sec. 37.  NRS 213.315 is hereby amended to read as follows:

15-39  213.315  1.  Except as otherwise provided in this section, an offender

15-40  who is illiterate is not eligible to participate in a program of work release

15-41  unless:

15-42  (a) He is regularly attending and making satisfactory progress in a

15-43  program for general education; or

15-44  (b) The director for good cause determines that the limitation on

15-45  eligibility should be waived under the circumstances with respect to a

15-46  particular offender.

15-47  2.  An offender whose:

15-48  (a) Native language is not English;

16-1    (b) Ability to read and write in his native language is at or above the

16-2  level of literacy designated by the board of state prison commissioners in

16-3  its regulations; and

16-4    (c) Ability to read and write the English language is below the level of

16-5  literacy designated by the board of state prison commissioners in its

16-6  regulations,

16-7  may not be assigned to an industrial or a vocational program unless he is

16-8  regularly attending and making satisfactory progress in a course which

16-9  teaches English as a second language or the director for good cause

16-10  determines that the limitation on eligibility should be waived under the

16-11  circumstances with respect to a particular offender.

16-12  3.  Upon written documentation that an illiterate offender has a

16-13  developmental, learning or other similar disability which affects his ability

16-14  to learn, the director of the department of [prisons] corrections may:

16-15  (a) Adapt or create an educational program or guidelines for evaluating

16-16  the educational progress of the offender to meet his particular needs; or

16-17  (b) Exempt the offender from the required participation in an

16-18  educational program prescribed by this section.

16-19  4.  The provisions of this section do not apply to an offender who:

16-20  (a) Presents satisfactory evidence that he has a high school or general

16-21  equivalency diploma; or

16-22  (b) Is admitted into a program of work release for the purpose of

16-23  obtaining additional education in this state.

16-24  5.  As used in this section, “illiterate” means having an ability to read

16-25  and write that is below the level of literacy designated by the board of state

16-26  prison commissioners in its regulations.

16-27  Sec. 38.  NRS 213.320 is hereby amended to read as follows:

16-28  213.320  1.  The director of the department of [prisons] corrections

16-29  shall administer the program of work release and shall:

16-30  (a) Locate employment for qualified applicants;

16-31  (b) Effect placement of offenders under the program; and

16-32  (c) Generally promote public understanding and acceptance of the

16-33  program.

16-34  2.  All state agencies shall cooperate with the director in carrying out

16-35  this section to such extent as is consistent with their other lawful duties.

16-36  3.  The director shall adopt rules for administering the program.

16-37  Sec. 39.  NRS 213.340 is hereby amended to read as follows:

16-38  213.340  1.  The director of the department of [prisons] corrections

16-39  may contract with the governing bodies of political subdivisions in this

16-40  state for quartering in suitable local facilities the offenders enrolled in

16-41  programs of work release. Each such facility must satisfy standards

16-42  established by the director to assure secure custody of offenders quartered

16-43  therein.

16-44  2.  The director shall not enroll any offender in the program of work

16-45  release unless he has determined that suitable facilities for quartering the

16-46  offender are available in the locality where the offender has employment or

16-47  the offer of employment.

 

 

17-1    Sec. 40.  NRS 213.350 is hereby amended to read as follows:

17-2    213.350  1.  An offender enrolled in the program of work release is

17-3  not an agent, employee or servant of the department of [prisons]

17-4  corrections while he is:

17-5    (a) Working in the program or seeking such employment; or

17-6    (b) Going to such employment from the place where he is quartered or

17-7  returning therefrom.

17-8    2.  An offender enrolled in the program is considered to be an offender

17-9  in an institution of the department of [prisons.] corrections.

17-10  Sec. 41.  NRS 213.360 is hereby amended to read as follows:

17-11  213.360  1.  The director of the department of [prisons] corrections

17-12  may immediately terminate any offender’s enrollment in the program of

17-13  work release and transfer him to an institution of the department of

17-14  [prisons] corrections if, in his judgment, the best interests of the state or

17-15  the offender require such action.

17-16  2.  If an offender enrolled in the program is absent from his place of

17-17  employment or his designated quarters without a reason acceptable to the

17-18  director, the offender’s absence:

17-19  (a) Immediately terminates his enrollment in the program.

17-20  (b) Constitutes an escape from prison, and the offender shall be

17-21  punished as provided in NRS 212.090.

17-22  Sec. 42.  NRS 213.390 is hereby amended to read as follows:

17-23  213.390  The chief parole and probation officer shall:

17-24  1.  Furnish to an offender a written statement of the terms and

17-25  conditions of his residential confinement;

17-26  2.  Instruct the offender regarding those terms and conditions; and

17-27  3.  Advise the director of the department of [prisons] corrections of any

17-28  violation of those terms and conditions and of the escape of the offender.

17-29  Sec. 43.  NRS 213.410 is hereby amended to read as follows:

17-30  213.410  1.  Whenever it is alleged that an offender has escaped or

17-31  otherwise violated the terms or conditions of his residential confinement,

17-32  the division shall conduct an inquiry to determine whether the offender has

17-33  committed acts that would constitute such an escape or violation.

17-34  2.  An offender may be returned to the custody of the department of

17-35  [prisons] corrections pending the completion of the inquiry conducted by

17-36  the division pursuant to the provisions of this section.

17-37  3.  The inquiry must be conducted before an inquiring officer who:

17-38  (a) Is not directly involved in the case;

17-39  (b) Has not made the report of the escape or violation; and

17-40  (c) Has not recommended the return of the offender to the custody of

17-41  the department of [prisons.] corrections.

17-42  4.  The inquiring officer shall:

17-43  (a) Provide the offender with notice of the inquiry and of the acts

17-44  alleged to constitute his escape or violation of a term or condition of his

17-45  residential confinement, and with an opportunity to be heard on the matter.

17-46  (b) Upon completion of the inquiry, submit to the chief parole and

17-47  probation officer his findings and recommendation regarding the

17-48  disposition of the custody of the offender.

18-1    5.  After considering the findings and recommendation of the inquiring

18-2  officer, the chief parole and probation officer shall determine the

18-3  disposition of the custody of the offender. The decision of the chief parole

18-4  and probation officer is final.

18-5    6.  Before a final determination is made to return an offender to the

18-6  custody of the department of [prisons,] corrections, the division shall

18-7  provide the offender with a copy of the findings of the inquiring officer.

18-8    Sec. 44.  NRS 6.020 is hereby amended to read as follows:

18-9    6.020  1.  Upon satisfactory proof, made by affidavit or otherwise, the

18-10  following-named persons, and no others except as otherwise provided in

18-11  subsections 2 and 3, are exempt from service as grand or trial jurors:

18-12  (a) Any federal or state officer.

18-13  (b) Any judge, justice of the peace or attorney at law.

18-14  (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff,

18-15  constable or police officer.

18-16  (d) Any locomotive engineer, locomotive fireman, conductor,

18-17  brakeman, switchman or engine foreman.

18-18  (e) Any officer or correctional officer employed by the department of

18-19  [prisons.] corrections.

18-20  (f) Any employee of the legislature or the legislative counsel bureau

18-21  while the legislature is in session.

18-22  (g) Any physician, optometrist or dentist who is licensed to practice in

18-23  this state.

18-24  (h) Any person who has a fictitious address pursuant to NRS 217.462 to

18-25  217.471, inclusive.

18-26  2.  All persons of the age of 70 years or over are exempt from serving

18-27  as grand or trial jurors. Whenever it appears to the satisfaction of the court,

18-28  by affidavit or otherwise, that a juror is over the age of 70 years, the court

18-29  shall order the juror excused from all service as a grand or trial juror, if the

18-30  juror so desires.

18-31  3.  A person who is the age of 65 years or over who lives 65 miles or

18-32  more from the court is exempt from serving as a grand or trial juror.

18-33  Whenever it appears to the satisfaction of the court, by affidavit or

18-34  otherwise, that a juror is the age of 65 years or over and lives 65 miles or

18-35  more from the court, the court shall order the juror excused from all service

18-36  as a grand or trial juror, if the juror so desires.

18-37  Sec. 45.  NRS 34.735 is hereby amended to read as follows:

18-38  34.735  A petition must be in substantially the following form, with

18-39  appropriate modifications if the petition is filed in the supreme court:

 

18-40  Case No.............

18-41  Dept. No............

 

18-42  IN THE ............... JUDICIAL DISTRICT COURT OF THE

18-43  STATE OF NEVADA IN AND FOR THE COUNTY OF..............

 

18-44  ..........................

18-45       Petitioner,

 

19-1            v.PETITION FOR WRIT

19-2       OF HABEAS CORPUS

19-3       (POST-CONVICTION)

19-4  ..........................

19-5        Respondent.

19-6  INSTRUCTIONS:

19-7    (1) This petition must be legibly handwritten or typewritten, signed by

19-8  the petitioner and verified.

19-9    (2) Additional pages are not permitted except where noted or with

19-10  respect to the facts which you rely upon to support your grounds for relief.

19-11  No citation of authorities need be furnished. If briefs or arguments are

19-12  submitted, they should be submitted in the form of a separate

19-13  memorandum.

19-14  (3) If you want an attorney appointed, you must complete the Affidavit

19-15  in Support of Request to Proceed in Forma Pauperis. You must have an

19-16  authorized officer at the prison complete the certificate as to the amount of

19-17  money and securities on deposit to your credit in any account in the

19-18  institution.

19-19  (4) You must name as respondent the person by whom you are confined

19-20  or restrained. If you are in a specific institution of the department of

19-21  [prisons,] corrections, name the warden or head of the institution. If you

19-22  are not in a specific institution of the department but within its custody,

19-23  name the director of the department of [prisons.] corrections.

19-24  (5) You must include all grounds or claims for relief which you may

19-25  have regarding your conviction or sentence. Failure to raise all grounds in

19-26  this petition may preclude you from filing future petitions challenging your

19-27  conviction and sentence.

19-28  (6) You must allege specific facts supporting the claims in the petition

19-29  you file seeking relief from any conviction or sentence. Failure to allege

19-30  specific facts rather than just conclusions may cause your petition to be

19-31  dismissed. If your petition contains a claim of ineffective assistance of

19-32  counsel, that claim will operate to waive the attorney-client privilege for

19-33  the proceeding in which you claim your counsel was ineffective.

19-34  (7) When the petition is fully completed, the original and one copy must

19-35  be filed with the clerk of the state district court for the county in which you

19-36  were convicted. One copy must be mailed to the respondent, one copy to

19-37  the attorney general’s office, and one copy to the district attorney of the

19-38  county in which you were convicted or to the original prosecutor if you are

19-39  challenging your original conviction or sentence. Copies must conform in

19-40  all particulars to the original submitted for filing.

 

19-41  PETITION

19-42  1.  Name of institution and county in which you are presently

19-43  imprisoned or where and how you are presently restrained of your

19-44  liberty: .............................

19-45  ........................................

19-46  2.  Name and location of court which entered the judgment of

19-47  conviction under attack: ...

19-48  ........................................

20-1  3.  Date of judgment of conviction: ...........................

20-2  4.  Case number:   

20-3  5.  (a) Length of sentence:   

20-4  .........................................

20-5  (b) If sentence is death, state any date upon which execution is

20-6  scheduled: ........................

20-7    6.  Are you presently serving a sentence for a conviction other than the

20-8  conviction under attack in this motion? Yes ........ No ........

20-9  If “yes,” list crime, case number and sentence being served at this time: ................

20-10  ........................................

20-11  ........................................

20-12  ........................................

20-13  7.  Nature of offense involved in conviction being challenged: ...........................

20-14  ........................................

20-15  8.  What was your plea? (check one)

20-16  (a) Not guilty ........

20-17  (b) Guilty ........

20-18  (c) Guilty but mentally ill .......

20-19  (d) Nolo contendere ........

20-20  9.  If you entered a plea of guilty or guilty but mentally ill to one count

20-21  of an indictment or information, and a plea of not guilty to another count of

20-22  an indictment or information, or if a plea of guilty or guilty but mentally ill

20-23  was negotiated, give details: .................................

20-24  ........................................

20-25  ........................................

20-26  10.  If you were found guilty after a plea of not guilty, was the finding

20-27  made by: (check one)

20-28  (a) Jury ........

20-29  (b) Judge without a jury ........

20-30  11.  Did you testify at the trial? Yes ........ No ........

20-31  12.  Did you appeal from the judgment of conviction? Yes ........

20-32  No ........

20-33  13.  If you did appeal, answer the following:

20-34  (a) Name of court: ...........

20-35  (b) Case number or citation: ................................

20-36  (c) Result: .......................

20-37  (d) Date of result: ............

20-38  (Attach copy of order or decision, if available.)

20-39  14.  If you did not appeal, explain briefly why you did not:

20-40  ........................................

20-41  ........................................

20-42  15.  Other than a direct appeal from the judgment of conviction

20-43  and sentence, have you previously filed any petitions, applications

20-44  or motions with respect to this judgment in any court, state or federal?

20-45  Yes ........ No ........

20-46  16.  If your answer to No. 15 was “yes,” give the following

20-47  information: .....................

20-48  (a)(1) Name of court: ......

20-49     (2) Nature of proceeding:   

21-1  .........................................

21-2      (3) Grounds raised: ......

21-3  .........................................

21-4  .........................................

21-5      (4) Did you receive an evidentiary hearing on your petition,

21-6  application or motion? Yes ........ No ........

21-7      (5) Result: ....................

21-8      (6) Date of result: .........

21-9      (7) If known, citations of any written opinion or date of orders

21-10  entered pursuant to such result:

21-11  ........................................

21-12  (b) As to any second petition, application or motion, give the same

21-13  information:

21-14     (1) Name of court: ........

21-15     (2) Nature of proceeding:   

21-16     (3) Grounds raised: ......

21-17     (4) Did you receive an evidentiary hearing on your petition,

21-18  application or motion? Yes ........ No ........

21-19     (5) Result: ....................

21-20     (6) Date of result: .........

21-21     (7) If known, citations of any written opinion or date of orders

21-22  entered pursuant to such result:

21-23  ........................................

21-24  (c) As to any third or subsequent additional applications or motions,

21-25  give the same information as above, list them on a separate sheet and

21-26  attach.

21-27  (d) Did you appeal to the highest state or federal court having

21-28  jurisdiction, the result or action taken on any petition, application or

21-29  motion?

21-30     (1) First petition, application or motion? Yes ........ No ........

21-31        Citation or date of decision: ..............................

21-32     (2) Second petition, application or motion? Yes ........ No .........

21-33        Citation or date of decision: ..............................

21-34     (3) Third or subsequent petitions, applications or motions?

21-35        Yes ....... No ........

21-36        Citation or date of decision: ..............................

21-37  (e) If you did not appeal from the adverse action on any petition,

21-38  application or motion, explain briefly why you did not. (You must relate

21-39  specific facts in response to this question. Your response may be included

21-40  on paper which is 8 1/2 by 11 inches attached to the petition. Your

21-41  response may not exceed five handwritten or typewritten pages in

21-42  length.) ............................

21-43  ........................................

21-44  ........................................

21-45  17.  Has any ground being raised in this petition been previously

21-46  presented to this or any other court by way of petition for habeas corpus,

21-47  motion, application or any other post-conviction proceeding? If so,

21-48  identify:

21-49  (a) Which of the grounds is the same: ..........................

22-1  .........................................

22-2    (b) The proceedings in which these grounds were raised:                                   

22-3  .........................................

22-4    (c) Briefly explain why you are again raising these grounds. (You must

22-5  relate specific facts in response to this question. Your response may be

22-6  included on paper which is 8 1/2 by 11 inches attached to the petition.

22-7  Your response may not exceed five handwritten or typewritten pages in

22-8  length.) .............................

22-9  .........................................

22-10  18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed

22-11  on any additional pages you have attached, were not previously presented

22-12  in any other court, state or federal, list briefly what grounds were not so

22-13  presented, and give your reasons for not presenting them. (You must relate

22-14  specific facts in response to this question. Your response may be included

22-15  on paper which is 8 1/2 by 11 inches attached to the petition.

22-16  Your response may not exceed five handwritten or typewritten pages in

22-17  length.) ............................

22-18  ........................................

22-19  19.  Are you filing this petition more than 1 year following the filing of

22-20  the judgment of conviction or the filing of a decision on direct appeal? If

22-21  so, state briefly the reasons for the delay. (You must relate specific facts in

22-22  response to this question. Your response may be included on paper which

22-23  is 8 1/2 by 11 inches attached to the petition. Your response may not

22-24  exceed five handwritten or typewritten pages in length.) ..

22-25  ........................................

22-26  20.  Do you have any petition or appeal now pending in any court,

22-27  either state or federal, as to the judgment under attack? Yes ........ No ........

22-28  If yes, state what court and the case number: ..................

22-29  ........................................

22-30  21.  Give the name of each attorney who represented you in the

22-31  proceeding resulting in your conviction and on direct appeal: .................................

22-32  ........................................

22-33  22.  Do you have any future sentences to serve after you complete the

22-34  sentence imposed by the judgment under attack? Yes ........ No ........

22-35  If yes, specify where and when it is to be served, if you know: ..................................

22-36  ........................................

22-37  23.  State concisely every ground on which you claim that you are

22-38  being held unlawfully. Summarize briefly the facts supporting each

22-39  ground. If necessary you may attach pages stating additional grounds and

22-40  facts supporting same.

22-41  (a) Ground one: ..............

22-42  ........................................

22-43  Supporting FACTS (Tell your story briefly without citing cases or

22-44  law.): ...............................

22-45  ........................................

22-46  ........................................

22-47  (b) Ground two: ..............

22-48  ........................................

23-1  Supporting FACTS (Tell your story briefly without citing cases or

23-2  law.): ................................

23-3  .........................................

23-4  .........................................

23-5    (c) Ground three: ............

23-6  .........................................

23-7  Supporting FACTS (Tell your story briefly without citing cases or

23-8  law.): ................................

23-9  .........................................

23-10  ........................................

23-11  (d) Ground four: .............

23-12  ........................................

23-13  Supporting FACTS (Tell your story briefly without citing cases or

23-14  law.): ...............................

23-15  ........................................

23-16  ........................................

23-17  WHEREFORE, petitioner prays that the court grant petitioner relief to

23-18  which he may be entitled in this proceeding.

23-19  EXECUTED at ................... on the ....... day of the month of ....... of the

23-20  year .......

23-21                                                                                       

23-22                                               Signature of petitioner

23-23                                                                                       

23-24                                               Address

23-25  .................................

23-26  Signature of attorney (if any)

23-27  .................................

23-28     Attorney for petitioner

23-29  .................................

23-30             Address

 

23-31  VERIFICATION

 

23-32  Under penalty of perjury, the undersigned declares that he is the

23-33  petitioner named in the foregoing petition and knows the contents thereof;

23-34  that the pleading is true of his own knowledge, except as to those matters

23-35  stated on information and belief, and as to such matters he believes them to

23-36  be true.

23-37                                                                                       

23-38                                               Petitioner

 

23-39                                                                                       

23-40                                               Attorney for petitioner

 

23-41  CERTIFICATE OF SERVICE BY MAIL

 

23-42  I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on

23-43  this ........ day of the month of ........ of the year ........, I mailed a true and

24-1  correct copy of the foregoing PETITION FOR WRIT OF HABEAS

24-2  CORPUS addressed to:

24-3                                            .............

24-4                                           Respondent prison or jail official

24-5                                            .............

24-6                                               Address

24-7                                            .............

24-8                                      Attorney General

24-9                                      Heroes’ Memorial Building

24-10                                      Capitol Complex

24-11                                      Carson City, Nevada 89710

24-12                                           .............

24-13                               District Attorney of County of Conviction

24-14                                           .............

24-15                                               Address

24-16                                           .............

24-17                                             Signature of Petitioner

 

24-18  Sec. 46.  NRS 41.0307 is hereby amended to read as follows:

24-19  41.0307  As used in NRS 41.0305 to 41.039, inclusive:

24-20  1.  “Employee” includes an employee of a:

24-21  (a) Part-time or full-time board, commission or similar body of the state

24-22  or a political subdivision of the state which is created by law.

24-23  (b) Charter school.

24-24  2.  “Employment” includes any services performed by an immune

24-25  contractor.

24-26  3.  “Immune contractor” means any natural person, professional

24-27  corporation or professional association which:

24-28  (a) Is an independent contractor with the state pursuant to NRS 284.173;

24-29  and

24-30  (b) Contracts to provide medical services for the department of

24-31  [prisons.] corrections.

24-32  As used in this subsection, “professional corporation” and “professional

24-33  association” have the meanings ascribed to them in NRS 89.020.

24-34  4.  “Public officer” or “officer” includes:

24-35  (a) A member of a part-time or full-time board, commission or similar

24-36  body of the state or a political subdivision of the state which is created by

24-37  law.

24-38  (b) A public defender and any deputy or assistant attorney of a public

24-39  defender or an attorney appointed to defend a person for a limited duration

24-40  with limited jurisdiction.

24-41  (c) A district attorney and any deputy or assistant district attorney or an

24-42  attorney appointed to prosecute a person for a limited duration with limited

24-43  jurisdiction.

24-44  Sec. 47.  NRS 41.0322 is hereby amended to read as follows:

24-45  41.0322  1.  A person who is or was in the custody of the department

24-46  of [prisons] corrections may not proceed with any action against the

24-47  department or any of its agents, former officers, employees or contractors

24-48  to recover compensation for the loss of his personal property, property

25-1  damage, personal injuries or any other claim arising out of a tort pursuant

25-2  to NRS 41.031 unless the person has exhausted his administrative remedies

25-3  provided by NRS 209.243 and the regulations adopted pursuant thereto.

25-4    2.  The filing of an administrative claim pursuant to NRS 209.243 is

25-5  not a condition precedent to the filing of an action pursuant to NRS 41.031.

25-6    3.  An action filed by a person in accordance with this section before

25-7  the exhaustion of his administrative remedies must be stayed by the court

25-8  in which the action is filed until the administrative remedies are exhausted.

25-9  The court shall dismiss the action if the person has not timely filed his

25-10  administrative claim pursuant to NRS 209.243.

25-11  4.  If a person has exhausted his administrative remedies and has filed

25-12  and is proceeding with a civil action to recover compensation for the loss

25-13  of his personal property, property damage, personal injuries or any other

25-14  claim arising out of a tort, the office of the attorney general must initiate

25-15  and conduct all negotiations for settlement relating to that action.

25-16  Sec. 48.  NRS 50.215 is hereby amended to read as follows:

25-17  50.215  1.  A person imprisoned in the state prison or in a county jail

25-18  may be examined as a witness in the district court pursuant to this section.

25-19  The examination may only be made on motion of a party upon affidavit

25-20  showing the nature of the action or proceeding, the testimony expected

25-21  from the witness, and its materiality.

25-22  2.  In a civil action, if the witness is imprisoned in the county where the

25-23  action or proceeding is pending, his production may be required by the

25-24  court or judge. In all other cases his examination, when allowed, must be

25-25  taken upon deposition.

25-26  3.  In a criminal action, an order for that purpose may be made by the

25-27  district court or district judge, at chambers, and executed by the sheriff of

25-28  the county where the action is pending. Except as otherwise provided by

25-29  NRS 209.274, the judge may order the sheriff to bring the prisoner before

25-30  the court at the expense of the state or at the expense of the defendant.

25-31  4.  If a person imprisoned in the state prison is required or requested to

25-32  appear as a witness in any action, the department of [prisons] corrections

25-33  must be notified in writing:

25-34  (a) Not less than 7 business days before the date scheduled for his

25-35  appearance in court if the offender is incarcerated:

25-36     (1) In a prison located not more than 65 miles from Carson City;

25-37     (2) In a prison located not more than 40 miles from Las Vegas; or

25-38     (3) In a prison located not more than 95 miles from Ely.

25-39  (b) Not less than 14 business days before the date scheduled for his

25-40  appearance in court if the offender is incarcerated in a prison which is

25-41  located at a distance which exceeds those specified in paragraph (a).

25-42  Sec. 49.  NRS 176.0127 is hereby amended to read as follows:

25-43  176.0127  1.  The department of [prisons] corrections shall:

25-44  (a) Provide the commission with any available statistical information or

25-45  research requested by the commission and assist the commission in the

25-46  compilation and development of information requested by the commission,

25-47  including, but not limited to, information or research concerning the

25-48  facilities and institutions of the department of [prisons,] corrections, the

26-1  offenders who are or were within those facilities or institutions and the

26-2  sentences which are being served or were served by those offenders;

26-3    (b) If requested by the commission, make available to the commission

26-4  the use of the computers and programs which are owned by the department

26-5  of [prisons;] corrections; and

26-6    (c) Provide the independent contractor retained by the department of

26-7  administration pursuant to NRS 176.0129 with any available statistical

26-8  information requested by the independent contractor for the purpose of

26-9  performing the projections required by NRS 176.0129.

26-10  2.  The division shall:

26-11  (a) Provide the commission with any available statistical information or

26-12  research requested by the commission and assist the commission in the

26-13  compilation and development of information concerning sentencing,

26-14  probation, parole and any offenders who are or were subject to supervision

26-15  by the division;

26-16  (b) If requested by the commission, make available to the commission

26-17  the use of the computers and programs which are owned by the division;

26-18  and

26-19  (c) Provide the independent contractor retained by the department of

26-20  administration pursuant to NRS 176.0129 with any available statistical

26-21  information requested by the independent contractor for the purpose of

26-22  performing the projections required by NRS 176.0129.

26-23  Sec. 50.  NRS 176.0129 is hereby amended to read as follows:

26-24  176.0129  The department of administration shall, on an annual basis,

26-25  contract for the services of an independent contractor, in accordance with

26-26  the provisions of NRS 284.173, to:

26-27  1.  Review sentences imposed in this state and the practices of the state

26-28  board of parole commissioners and project annually the number of persons

26-29  who will be:

26-30  (a) In a facility or institution of the department of [prisons;]

26-31  corrections;

26-32  (b) On probation;

26-33  (c) On parole; and

26-34  (d) Serving a term of residential confinement,

26-35  during the 10 years immediately following the date of the projection; and

26-36  2.  Review preliminary proposals and information provided by the

26-37  commission and project annually the number of persons who will be:

26-38  (a) In a facility or institution of the department of [prisons;]

26-39  corrections;

26-40  (b) On probation;

26-41  (c) On parole; and

26-42  (d) Serving a term of residential confinement,

26-43  during the 10 years immediately following the date of the projection,

26-44  assuming the preliminary proposals were recommended by the commission

26-45  and enacted by the legislature.

26-46  Sec. 51.  NRS 176.045 is hereby amended to read as follows:

26-47  176.045  1.  Whenever a person convicted of a public offense in this

26-48  state is under sentence of imprisonment pronounced by another

26-49  jurisdiction, federal or state, whether or not the prior sentence is for the

27-1  same offense, the court in imposing any sentence for the offense committed

27-2  in this state may, in its discretion, provide that such sentence shall run

27-3  either concurrently or consecutively with the prior sentence.

27-4    2.  If the court provides that the sentence shall run concurrently, and the

27-5  defendant is released by the other jurisdiction prior to the expiration of the

27-6  sentence imposed in this state, the defendant shall be returned to the State

27-7  of Nevada to serve out the balance of such sentence, unless the defendant is

27-8  eligible for parole under the provisions of chapter 213 of NRS, and the

27-9  board of parole commissioners directs that he be released on parole as

27-10  provided in that chapter.

27-11  3.  If the court makes an order pursuant to this section, the clerk of the

27-12  court shall provide the director of the department of [prisons] corrections

27-13  with a certified copy of judgment and notification of the place of out-of-

27-14  state confinement.

27-15  4.  If the court makes no order pursuant to this section, the sentence

27-16  imposed in this state shall not begin until the expiration of all prior

27-17  sentences imposed by other jurisdictions.

27-18  Sec. 52.  NRS 176.0913 is hereby amended to read as follows:

27-19  176.0913  1.  If a defendant is convicted of an offense listed in

27-20  subsection 4, the court, at sentencing, shall order that:

27-21  (a) The name, social security number, date of birth and any other

27-22  information identifying the defendant be submitted to the central repository

27-23  for Nevada records of criminal history; and

27-24  (b) Samples of blood be obtained from the defendant pursuant to the

27-25  provisions of this section and that the samples be used for an analysis to

27-26  determine the genetic markers of the blood.

27-27  2.  If the defendant is committed to the custody of the department of

27-28  [prisons,] corrections, the department of [prisons] corrections shall arrange

27-29  for the samples of blood to be obtained from the defendant. The

27-30  department of [prisons] corrections shall provide the samples of blood to

27-31  the forensic laboratory that has been designated by the county in which the

27-32  defendant was convicted to conduct or oversee genetic marker testing for

27-33  the county pursuant to NRS 176.0917.

27-34  3.  If the defendant is not committed to the custody of the department

27-35  of [prisons,] corrections, the division shall arrange for the samples of

27-36  blood to be obtained from the defendant. The division shall provide the

27-37  samples of blood to the forensic laboratory that has been designated by the

27-38  county in which the defendant was convicted to conduct or oversee genetic

27-39  marker testing for the county pursuant to NRS 176.0917. Any cost that is

27-40  incurred to obtain the samples of blood from the defendant pursuant to this

27-41  subsection is a charge against the county in which the defendant was

27-42  convicted and must be paid as provided in NRS 176.0915.

27-43  4.  The provisions of subsection 1 apply to a defendant who is

27-44  convicted of any of the following offenses:

27-45  (a) A crime against a child as defined in NRS 179D.210.

27-46  (b) A sexual offense as defined in NRS 179D.410.

27-47  (c) Murder, manslaughter or any other unlawful killing pursuant to NRS

27-48  200.010 to 200.260, inclusive.

27-49  (d) Mayhem pursuant to NRS 200.280.

28-1    (e) Administering poison or another noxious or destructive substance or

28-2  liquid with intent to cause death pursuant to NRS 200.390.

28-3    (f) Battery with intent to commit a crime pursuant to NRS 200.400.

28-4    (g) Battery which is committed with the use of a deadly weapon or

28-5  which results in substantial bodily harm pursuant to NRS 200.481.

28-6    (h) Abuse or neglect of an older person pursuant to NRS 200.5099.

28-7    (i) A second or subsequent offense for stalking pursuant to NRS

28-8  200.575.

28-9    (j) Burglary pursuant to NRS 205.060.

28-10  (k) Invasion of the home pursuant to NRS 205.067.

28-11  (l) An attempt to commit an offense listed in this subsection.

28-12  Sec. 53.  NRS 176.127 is hereby amended to read as follows:

28-13  176.127  1.  If a court accepts a plea of guilty but mentally ill pursuant

28-14  to NRS 174.041, the court shall, before imposing sentence, afford the

28-15  defendant an opportunity to present evidence of his present mental

28-16  condition. If the defendant claims that he is mentally ill at the time of

28-17  sentencing, the burden of proof is upon the defendant to establish that fact

28-18  by a preponderance of the evidence.

28-19  2.  If the defendant has been ordered to the custody of the department

28-20  of [prisons,] corrections, the court may order the department to cause an

28-21  examination of the defendant to be conducted to determine his mental

28-22  condition, and may receive the evidence of any expert witness offered by

28-23  the defendant or the prosecuting attorney.

28-24  3.  If the court finds:

28-25  (a) That the defendant is not mentally ill at the time of sentencing, it

28-26  shall impose any sentence that it is authorized to impose upon a defendant

28-27  who pleads or is found guilty of the same offense.

28-28  (b) By a preponderance of the evidence that the defendant is mentally ill

28-29  at the time of sentencing, it shall impose any sentence that it is authorized

28-30  to impose upon a defendant who pleads or is found guilty of the same

28-31  offense and include in that sentence an order that the defendant, during the

28-32  period of his confinement or probation, be given such treatment as is

28-33  available for his mental illness if the court determines that the relative risks

28-34  and benefits of the available treatment are such that a reasonable person

28-35  would consent to such treatment. The treatment must be provided by the

28-36  department of [prisons.] corrections.

28-37  Sec. 54.  NRS 176.159 is hereby amended to read as follows:

28-38  176.159  1.  Except as otherwise provided in subsection 2, when a

28-39  court imposes a sentence of imprisonment in the state prison or revokes a

28-40  program of probation and orders a sentence of imprisonment to the state

28-41  prison to be executed, the court shall cause a copy of the report of the

28-42  presentence investigation to be delivered to the director of the department

28-43  of [prisons,] corrections, if such a report was made. The report must be

28-44  delivered when the judgment of imprisonment is delivered pursuant to

28-45  NRS 176.335.

28-46  2.  If a presentence investigation and report were not required pursuant

28-47  to paragraph (b) of subsection 3 of NRS 176.135 or pursuant to subsection

28-48  1 of NRS 176.151, the court shall cause a copy of the previous report of the

28-49  presentence investigation or a copy of the report of the general

29-1  investigation, as appropriate, to be delivered to the director of the

29-2  department of [prisons] corrections in the manner provided pursuant to

29-3  subsection 1.

29-4    Sec. 55.  NRS 176.335 is hereby amended to read as follows:

29-5    176.335  1.  If a judgment is for imprisonment in the state prison, the

29-6  sheriff of the county shall, on receipt of the triplicate certified copies of the

29-7  judgment of conviction, immediately notify the director of the department

29-8  of [prisons] corrections and the director shall, without delay, send some

29-9  authorized person to the county where the prisoner is held for commitment

29-10  to receive the prisoner.

29-11  2.  When such an authorized person presents to the sheriff holding the

29-12  prisoner his order for the delivery of the prisoner, the sheriff shall deliver

29-13  to the authorized person two of the certified copies of the judgment of

29-14  conviction and a copy of the report of the presentence investigation or

29-15  general investigation, as appropriate, if required pursuant to NRS 176.159,

29-16  and take from the person a receipt for the prisoner, and the sheriff shall

29-17  make return upon his certified copy of the judgment of conviction, showing

29-18  his proceedings thereunder, and both that copy with the return affixed

29-19  thereto and the receipt from the authorized person must be filed with the

29-20  county clerk.

29-21  3.  The term of imprisonment designated in the judgment of conviction

29-22  must begin on the date of sentence of the prisoner by the court.

29-23  4.  Upon the expiration of the term of imprisonment of the prisoner, or

29-24  the termination thereof for any legal reason, the director of the department

29-25  of [prisons] corrections shall return one of his certified copies of the

29-26  judgment of conviction to the county clerk of the county from whence it

29-27  was issued, with a brief report of his proceedings thereunder endorsed

29-28  thereon, and the endorsed copy must be filed with the county clerk. The

29-29  return must show the cause of the termination of such imprisonment,

29-30  whether by death, legal discharge or otherwise.

29-31  Sec. 56.  NRS 176.345 is hereby amended to read as follows:

29-32  176.345  1.  When a judgment of death has been pronounced, a

29-33  certified copy of the judgment of conviction must be forthwith executed

29-34  and attested in triplicate by the clerk under the seal of the court. There must

29-35  be attached to the triplicate copies a warrant signed by the judge, attested

29-36  by the clerk, under the seal of the court, which:

29-37  (a) Recites the fact of the conviction and judgment;

29-38  (b) Appoints a week, the first day being Monday and the last day being

29-39  Sunday, within which the judgment is to be executed, which must not be

29-40  less than 60 days nor more than 90 days from the time of judgment; and

29-41  (c) Directs the sheriff to deliver the prisoner to such authorized person

29-42  as the director of the department of [prisons] corrections designates to

29-43  receive the prisoner, for execution. The prison must be designated in the

29-44  warrant.

29-45  2.  The original of the triplicate copies of the judgment of conviction

29-46  and warrant must be filed in the office of the county clerk, and two of the

29-47  triplicate copies must be immediately delivered by the clerk to the sheriff

29-48  of the county. One of the triplicate copies must be delivered by the sheriff,

29-49  with the prisoner, to such authorized person as the director of the

30-1  department of [prisons] corrections designates, and is the warrant and

30-2  authority of the director for the imprisonment and execution of the

30-3  prisoner, as therein provided and commanded. The director shall return his

30-4  certified copy of the judgment of conviction to the county clerk of the

30-5  county in which it was issued. The other triplicate copy is the warrant and

30-6  authority of the sheriff to deliver the prisoner to the authorized person

30-7  designated by the director. The final triplicate copy must be returned to the

30-8  county clerk by the sheriff with his proceedings endorsed thereon.

30-9    Sec. 57.  NRS 176.355 is hereby amended to read as follows:

30-10  176.355  1.  The judgment of death must be inflicted by an injection

30-11  of a lethal drug.

30-12  2.  The director of the department of [prisons] corrections shall:

30-13  (a) Execute a sentence of death within the week, the first day being

30-14  Monday and the last day being Sunday, that the judgment is to be executed,

30-15  as designated by the district court. The director may execute the judgment

30-16  at any time during that week if a stay of execution is not entered by a court

30-17  of appropriate jurisdiction.

30-18  (b) Select the drug or combination of drugs to be used for the execution

30-19  after consulting with the state health officer.

30-20  (c) Be present at the execution.

30-21  (d) Notify those members of the immediate family of the victim who

30-22  have, pursuant to NRS 176.357, requested to be informed of the time, date

30-23  and place scheduled for the execution.

30-24  (e) Invite a competent physician, the county coroner, a psychiatrist and

30-25  not less than six reputable citizens over the age of 21 years to be present at

30-26  the execution. The director shall determine the maximum number of

30-27  persons who may be present for the execution. The director shall give

30-28  preference to those eligible members or representatives of the immediate

30-29  family of the victim who requested, pursuant to NRS 176.357, to attend the

30-30  execution.

30-31  3.  The execution must take place at the state prison.

30-32  4.  A person who has not been invited by the director may not witness

30-33  the execution.

30-34  Sec. 58.  NRS 176.365 is hereby amended to read as follows:

30-35  176.365  After the execution, the director of the department of [prisons]

30-36  corrections must make a return upon the death warrant to the court by

30-37  which the judgment was rendered, showing the time, place, mode and

30-38  manner in which it was executed.

30-39  Sec. 59.  NRS 176.425 is hereby amended to read as follows:

30-40  176.425  1.  If, after judgment of death, there is a good reason to

30-41  believe that the defendant has become insane, the director of the

30-42  department of [prisons] corrections to whom the convicted person has been

30-43  delivered for execution may by a petition in writing, verified by a

30-44  physician, petition a district judge of the district court of the county in

30-45  which the state prison is situated, alleging the present insanity of such

30-46  person, whereupon such judge shall:

30-47  (a) Fix a day for a hearing to determine whether the convicted person is

30-48  insane;

31-1    (b) Appoint two psychiatrists, two psychologists, or one psychiatrist and

31-2  one psychologist, to examine the convicted person; and

31-3    (c) Give immediate notice of the hearing to the attorney general and to

31-4  the district attorney of the county in which the conviction was had.

31-5    2.  If the judge determines that the hearing on and the determination of

31-6  the sanity of the convicted person cannot be had before the date of the

31-7  execution of such person, the judge may stay the execution of the judgment

31-8  of death pending the determination of the sanity of the convicted person.

31-9    Sec. 60.  NRS 176.435 is hereby amended to read as follows:

31-10  176.435  1.  On the day fixed, the director of the department of

31-11  [prisons] corrections shall bring the convicted person before the court, and

31-12  the attorney general or his deputy shall attend the hearing. The district

31-13  attorney of the county in which the conviction was had, and an attorney for

31-14  the convicted person, may attend the hearing.

31-15  2.  The court shall receive the report of the examining physicians and

31-16  may require the production of other evidence. The attorney general or his

31-17  deputy, the district attorney, and the attorney for the convicted person or

31-18  such person if he is without counsel may introduce evidence and cross-

31-19  examine any witness, including the examining physicians.

31-20  3.  The court shall then make and enter its finding of sanity or insanity.

31-21  Sec. 61.  NRS 176.445 is hereby amended to read as follows:

31-22  176.445  If it is found by the court that the convicted person is sane, the

31-23  director of the department of [prisons] corrections must execute the

31-24  judgment of death; but if the judgment has been stayed, as provided in

31-25  NRS 176.425, the judge shall cause a certified copy of his order staying the

31-26  execution of the judgment, together with a certified copy of his finding that

31-27  the convicted person is sane, to be immediately forwarded by the clerk of

31-28  the court to the clerk of the district court of the county in which the

31-29  conviction was had, who shall give notice thereof to the district attorney of

31-30  such county. Proceedings shall then be instituted in the last mentioned

31-31  district court for the issuance of a new warrant of execution of the

31-32  judgment of death in the manner provided in NRS 176.495.

31-33  Sec. 62.  NRS 176.455 is hereby amended to read as follows:

31-34  176.455  1.  If it is found by the court that the convicted person is

31-35  insane, the judge shall make and enter an order staying the execution of the

31-36  judgment of death until the convicted person becomes sane, and shall

31-37  therein order the director of the department of [prisons] corrections to

31-38  confine such person in a safe place of confinement until his reason is

31-39  restored.

31-40  2.  The clerk of the court shall serve or cause to be served three

31-41  certified copies of the order, one on the director, one on the governor, for

31-42  the use of the state board of pardons commissioners, and one on the clerk

31-43  of the district court of the county in which the conviction was had.

31-44  3.  If the convicted person thereafter becomes sane, notice of this fact

31-45  shall be given by the director to a judge of the court staying the execution

31-46  of the judgment, and the judge, upon being satisfied that such person is

31-47  then sane, shall enter an order vacating the order staying the execution of

31-48  the judgment.

32-1    4.  The clerk of the court shall immediately serve or cause to be served

32-2  three certified copies of such vacating order as follows: One on the

32-3  director, one on the governor, for the use of the state board of pardons

32-4  commissioners, and one on the clerk of the district court of the county in

32-5  which the conviction was had, who shall give notice thereof to the district

32-6  attorney of such county, whereupon proceedings shall be instituted in the

32-7  last mentioned district court for the issuance of a new warrant of execution

32-8  of the judgment of death in the manner provided in NRS 176.495.

32-9    Sec. 63.  NRS 176.465 is hereby amended to read as follows:

32-10  176.465  1.  If there is good reason to believe that a female against

32-11  whom a judgment of death has been rendered is pregnant, the director of

32-12  the department of [prisons] corrections to whom she has been delivered for

32-13  execution shall petition a judge of the district court of the county in which

32-14  the state prison is situated, in writing, alleging such pregnancy, whereupon

32-15  such judge shall summon a jury of three physicians to inquire into the

32-16  alleged pregnancy and fix a day for the hearing thereon, and give

32-17  immediate notice thereof to the attorney general and to the district attorney

32-18  of the county in which the conviction was had.

32-19  2.  The provisions of NRS 176.425 and 176.435 apply to the

32-20  proceedings upon the inquisition, except that three physicians shall be

32-21  summoned. They shall certify in writing to the court their findings as to

32-22  pregnancy.

32-23  Sec. 64.  NRS 176.475 is hereby amended to read as follows:

32-24  176.475  1.  If it is found by the court that the female is not pregnant,

32-25  the director of the department of [prisons] corrections must execute the

32-26  judgment of death; but if a stay of execution has been granted pursuant to

32-27  NRS 176.425 the procedure provided in NRS 176.445 is applicable.

32-28  2.  If the female is found to be pregnant, the judge shall enter an order

32-29  staying the execution of the judgment of death, and shall therein order the

32-30  director to confine such female in a safe place of confinement

32-31  commensurate with her condition until further order of the court.

32-32  3.  When such female is no longer pregnant, notice of this fact shall be

32-33  given by the director to a judge of the court staying the execution of the

32-34  judgment. Thereupon the judge, upon being satisfied that the pregnancy no

32-35  longer exists, shall enter an order vacating the order staying the execution

32-36  of the judgment and shall direct the clerk of such court to serve or cause to

32-37  be served three certified copies of such order, one on the director, one on

32-38  the governor, for the use of the state board of pardons commissioners, and

32-39  one on the clerk of the district court of the county in which the conviction

32-40  was had, who shall give notice thereof to the district attorney of such

32-41  county, whereupon proceedings shall be instituted in the last mentioned

32-42  district court for the issuance of a new warrant of execution of the

32-43  judgment in the manner provided in NRS 176.495.

32-44  Sec. 65.  NRS 176.488 is hereby amended to read as follows:

32-45  176.488  A stay of execution must be entered by the court in writing

32-46  and copies sent as soon as practicable to the director of the department of

32-47  [prisons,] corrections, the warden of the institution in which the offender is

32-48  imprisoned and the office of the attorney general in Carson City. The court

33-1  shall also enter an order and take all necessary actions to expedite further

33-2  proceeding before that court.

33-3    Sec. 66.  NRS 176.495 is hereby amended to read as follows:

33-4    176.495  1.  If for any reason a judgment of death has not been

33-5  executed, and it remains in force, the court in which the conviction was had

33-6  must, upon the application of the attorney general or the district attorney of

33-7  the county in which the conviction was had, cause another warrant to be

33-8  drawn, signed by the judge and attested by the clerk under the seal of the

33-9  court, and delivered to the director of the department of [prisons.]

33-10  corrections.

33-11  2.  The warrant must state the conviction and judgment and appoint a

33-12  week, the first day being Monday and the last day being Sunday, within

33-13  which the judgment is to be executed. The first day of that week must be

33-14  not less than 15 days nor more than 30 days after the date of the warrant.

33-15  The director shall execute a sentence of death within the week the

33-16  judgment is to be executed, as designated by the district court. The director

33-17  may execute the judgment at any time during that week if a stay of

33-18  execution is not entered by a court of appropriate jurisdiction.

33-19  3.  Where sentence was imposed by a district court composed of three

33-20  judges, the district judge before whom the confession or plea was made, or

33-21  his successor in office, shall designate the week of execution, the first day

33-22  being Monday and the last day being Sunday, and sign the warrant.

33-23  Sec. 67.  NRS 176.505 is hereby amended to read as follows:

33-24  176.505  1.  When a remittitur showing the affirmation of a judgment

33-25  of death has been filed with the clerk of the court from which the appeal

33-26  has been taken, the court in which the conviction was obtained shall

33-27  inquire into the facts, and, if no legal reasons exist prohibiting the

33-28  execution of the judgment, shall make and enter an order requiring the

33-29  director of the department of [prisons] corrections to execute the judgment

33-30  at a specified time. The presence of the defendant in the court at the time

33-31  the order of execution is made and entered, or the warrant is issued, is not

33-32  required.

33-33  2.  When an opinion, order dismissing appeal or other order upholding

33-34  a sentence of death is issued by the supreme court pursuant to chapter 34 or

33-35  177 of NRS, the court in which the sentence of death was obtained shall

33-36  inquire into the facts and, if no legal reason exists prohibiting the execution

33-37  of the judgment, shall make and enter an order requiring the director of the

33-38  department of [prisons] corrections to execute the judgment during a

33-39  specified week. The presence of the defendant in the court when the order

33-40  of execution is made and entered, or the warrant is issued, is not required.

33-41  3.  Notwithstanding the entry of a stay of issuance of a remittitur in the

33-42  supreme court following denial of appellate relief in a proceeding brought

33-43  pursuant to chapter 34 or 177 of NRS, the court in which the conviction

33-44  was obtained shall, upon application of the attorney general or the district

33-45  attorney of the county in which the conviction was obtained, cause another

33-46  warrant to be drawn, signed by the judge and attested by the clerk under

33-47  the seal of the court, and delivered to the director of the department of

33-48  [prisons.] corrections.

 

34-1    Sec. 68.  NRS 176A.450 is hereby amended to read as follows:

34-2    176A.450  1.  Except as otherwise provided in this section, by order

34-3  duly entered, the court may impose, and may at any time modify, any

34-4  conditions of probation or suspension of sentence. The court shall cause a

34-5  copy of any such order to be delivered to the parole and probation officer

34-6  and the probationer. A copy of the order must also be sent to the director of

34-7  the department of [prisons] corrections if the probationer is under the

34-8  supervision of the director pursuant to NRS 176A.780.

34-9    2.  If the probationer is participating in a program of probation secured

34-10  by a surety bond, the court shall not impose or modify the conditions of

34-11  probation unless the court notifies the surety and:

34-12  (a) Causes the original bond to be revoked and requires a new bond to

34-13  which the original and the new conditions are appended and made part; or

34-14  (b) Requires an additional bond to which the new conditions are

34-15  appended and made part.

34-16  3.  The court shall not modify a condition of probation or suspension of

34-17  sentence that was imposed pursuant to NRS 176A.410, unless the court

34-18  finds that extraordinary circumstances are present and the court enters

34-19  those extraordinary circumstances in the record.

34-20  Sec. 69.  NRS 176A.780 is hereby amended to read as follows:

34-21  176A.780  1.  If a defendant:

34-22  (a) Is male;

34-23  (b) Has been convicted of a felony that does not involve an act of

34-24  violence;

34-25  (c) Is at least 18 years of age;

34-26  (d) Has never been incarcerated in jail or prison as an adult for more

34-27  than 6 months; and

34-28  (e) Is otherwise eligible for probation,

34-29  the court may order the defendant satisfactorily to complete a program of

34-30  regimental discipline for 150 days before sentencing the defendant or in

34-31  lieu of causing the sentence imposed to be executed upon violation of a

34-32  condition of probation or suspension of sentence.

34-33  2.  If the court orders the defendant to undergo a program of regimental

34-34  discipline, it:

34-35  (a) Shall place the defendant under the supervision of the director of the

34-36  department of [prisons] corrections for not more than 190 days, not more

34-37  than the first 30 days of which must be used to determine the defendant’s

34-38  eligibility to participate in the program.

34-39  (b) Shall, if appropriate, direct the chief parole and probation officer to

34-40  provide a copy of the defendant’s records to the director of the department

34-41  of [prisons.] corrections.

34-42  (c) Shall require the defendant to be returned to the court not later than

34-43  30 days after he is placed under the supervision of the director, if he is

34-44  determined to be ineligible for the program.

34-45  (d) May require such reports concerning the defendant’s participation in

34-46  the program as it deems desirable.

34-47  3.  If the defendant is ordered to complete the program before

34-48  sentencing, the director of the department of [prisons] corrections shall

34-49  return the defendant to the court not later than 150 days after the defendant

35-1  began the program. The director shall certify either that the defendant

35-2  satisfactorily completed the program or that he did not, and shall report of

35-3  the results of his evaluation, including any recommendations which will be

35-4  helpful in determining the proper sentence. Upon receiving the report, the

35-5  court shall sentence the defendant.

35-6    4.  If the defendant is ordered to complete the program in lieu of

35-7  causing the sentence imposed to be executed upon the violation of a

35-8  condition of probation and the defendant satisfactorily completes the

35-9  program, the director of the department of [prisons] corrections shall, not

35-10  later than 150 days after the defendant began the program, return the

35-11  defendant to the court with certification that the defendant satisfactorily

35-12  completed the program. The court shall direct that:

35-13  (a) The defendant be placed under supervision of the chief parole and

35-14  probation officer; and

35-15  (b) The director of the department of [prisons] corrections cause a copy

35-16  of the records concerning the defendant’s participation in the program to be

35-17  provided to the chief parole and probation officer.

35-18  5.  If a defendant is ordered to complete the program of regimental

35-19  discipline in lieu of causing the sentence imposed to be executed upon the

35-20  violation of a condition of probation, a failure by the defendant

35-21  satisfactorily to complete the program constitutes a violation of that

35-22  condition of probation and the director of the department of [prisons]

35-23  corrections shall return the defendant to the court.

35-24  6.  Time spent in the program must be deducted from any sentence

35-25  which may thereafter be imposed.

35-26  Sec. 70.  NRS 178.524 is hereby amended to read as follows:

35-27  178.524  If the defendant surrenders himself to, is apprehended by or is

35-28  in the custody of a peace officer in the State of Nevada or the director of

35-29  the department of [prisons] corrections other than the officer to whose

35-30  custody he was committed at the time of giving bail, the bail may make

35-31  application to the court for the discharge of his bail bond, and shall then

35-32  give to the court an amount in cash or a surety bond sufficient in amount to

35-33  guarantee reimbursement of any costs that may be expended in returning

35-34  the defendant to the officer to whose custody the defendant was committed

35-35  at the time of giving bail.

35-36  Sec. 71.  NRS 178.630 is hereby amended to read as follows:

35-37  178.630  The director of the department of [prisons] corrections shall

35-38  comply with the provisions of Articles III and IV of The Agreement on

35-39  Detainers whenever he has in his custody a prisoner who has detainers

35-40  lodged against him from other jurisdictions which are parties to such

35-41  agreement.

35-42  Sec. 72.  NRS 178.700 is hereby amended to read as follows:

35-43  178.700  1.  If the attorney general, a prosecuting attorney or an

35-44  agency of criminal justice in this state receives a request from the

35-45  department of [prisons,] corrections, it shall respond in writing within 14

35-46  working days setting forth any charges that are pending against the

35-47  offender.

35-48  2.  If the attorney general, a prosecuting attorney or an agency of

35-49  criminal justice indicates in its response pursuant to subsection 1 that

36-1  felony charges are pending against an offender, it shall, or if misdemeanor

36-2  charges are pending against an offender, it may, request in the response

36-3  that upon release of the offender from the custody of the department of

36-4  [prisons,] corrections, the department release the offender to an agency of

36-5  criminal justice in this state that is authorized to detain a person pending

36-6  prosecution. The attorney general, a prosecuting attorney or an agency of

36-7  criminal justice may submit such a request to the department of [prisons]

36-8  corrections at any other time, if charges are filed against an offender.

36-9    3.  If an offender is convicted, acquitted or the charges against him are

36-10  dropped after a request was submitted pursuant to this section, the attorney

36-11  general, prosecuting attorney or agency of criminal justice who submitted

36-12  the request shall withdraw the request by providing a certified copy of the

36-13  judgment to the department of [prisons] corrections if the offender was

36-14  convicted or acquitted, or by providing proof to the department that the

36-15  charges were dropped.

36-16  4.  The attorney general, a prosecuting attorney or an agency of

36-17  criminal justice shall notify the department of [prisons] corrections upon

36-18  receipt of a detainer against an inmate from another jurisdiction who is

36-19  transferred to the custody of the department of [prisons.] corrections.

36-20  Sec. 73.  NRS 179.223 is hereby amended to read as follows:

36-21  179.223  1.  When the return to this state of a person charged with

36-22  crime in this state is required, the district attorney shall present to the

36-23  governor his written application for a requisition for the return of the

36-24  person charged in which application must be stated:

36-25  (a) The name of the person so charged;

36-26  (b) The crime charged against him;

36-27  (c) The approximate time, place and circumstances of its commission;

36-28  (d) The state in which he is believed to be, including the location of the

36-29  accused therein at the time the application is made; and

36-30  (e) A certification that, in the opinion of the district attorney, the ends of

36-31  justice require the arrest and return of the accused to this state for trial and

36-32  that the proceeding is not instituted to enforce a private claim.

36-33  2.  When the return to this state is required of a person who has been

36-34  convicted of a crime in this state and has escaped from confinement or

36-35  broken the terms of his bail, probation or parole, the district attorney of the

36-36  county in which the offense was committed, the state board of parole

36-37  commissioners, the chief parole and probation officer, the director of the

36-38  department of [prisons] corrections or the sheriff of the county from which

36-39  escape was made shall present to the governor a written application for a

36-40  requisition for the return of the person, in which application must be stated:

36-41  (a) The name of the person;

36-42  (b) The crime of which he was convicted;

36-43  (c) The circumstances of his escape from confinement or of the breach

36-44  of the terms of his bail, probation or parole; and

36-45  (d) The state in which he is believed to be, including the location of the

36-46  person therein at the time application is made.

36-47  3.  The application must be verified by affidavit, executed in duplicate

36-48  and accompanied by two certified copies of the indictment returned, or

36-49  information and affidavit filed, or of the complaint made to the judge or

37-1  magistrate, stating the offense with which the accused is charged, or of the

37-2  judgment of conviction or of the sentence. The district attorney, state board

37-3  of parole commissioners, chief parole and probation officer, director of the

37-4  department of [prisons] corrections or sheriff may also attach such further

37-5  affidavits and other documents in duplicate as he deems proper to be

37-6  submitted with the application. One copy of the application, with the action

37-7  of the governor indicated by endorsement thereon, and one of the certified

37-8  copies of the indictment, complaint, information and affidavits, or of the

37-9  judgment of conviction or of the sentence must be filed in the office of the

37-10  secretary of state of the State of Nevada to remain of record in that office.

37-11  The other copies of all papers must be forwarded with the governor’s

37-12  requisition.

37-13  Sec. 74.  NRS 179A.290 is hereby amended to read as follows:

37-14  179A.290  1.  The director of the department shall establish within the

37-15  central repository a program to compile and analyze data concerning

37-16  offenders who commit sexual offenses. The program must be designed to:

37-17  (a) Provide statistical data relating to the recidivism of offenders who

37-18  commit sexual offenses; and

37-19  (b) Use the data provided by the division of child and family services of

37-20  the department of human resources pursuant to NRS 62.920 to:

37-21     (1) Provide statistical data relating to the recidivism of juvenile sex

37-22  offenders after they become adults; and

37-23     (2) Assess the effectiveness of programs for the treatment of juvenile

37-24  sex offenders.

37-25  2.  The division of parole and probation and the department of [prisons]

37-26  corrections shall assist the director of the department in obtaining data and

37-27  in carrying out the program.

37-28  3.  The director of the department shall report the statistical data and

37-29  findings from the program to:

37-30  (a) The legislature at the beginning of each regular session.

37-31  (b) The advisory commission on sentencing on or before January 31 of

37-32  each even-numbered year.

37-33  4.  The data acquired pursuant to this section is confidential and must

37-34  be used only for the purpose of research. The data and findings generated

37-35  pursuant to this section must not contain information that may reveal the

37-36  identity of a juvenile sex offender or the identity of an individual victim of

37-37  a crime.

37-38  Sec. 75.  NRS 179B.070 is hereby amended to read as follows:

37-39  179B.070  “Law enforcement officer” includes, but is not limited to:

37-40  1.  A prosecuting attorney or an attorney from the office of the attorney

37-41  general;

37-42  2.  A sheriff of a county or his deputy;

37-43  3.  An officer of a metropolitan police department or a police

37-44  department of an incorporated city;

37-45  4.  An officer of the division;

37-46  5.  An officer of the department of [prisons;] corrections;

37-47  6.  An officer of a law enforcement agency from another jurisdiction;

37-48  or

38-1    7.  Any other person upon whom some or all of the powers of a peace

38-2  officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the

38-3  person is seeking information as part of a criminal investigation.

38-4    Sec. 76.  NRS 179D.160 is hereby amended to read as follows:

38-5    179D.160  1.  Except as otherwise provided by specific statute, a

38-6  record of registration may be inspected only by a law enforcement officer

38-7  in the regular course of his duties or by the offender named in the record of

38-8  registration.

38-9    2.  As used in this section, “law enforcement officer” includes, but is

38-10  not limited to:

38-11  (a) A prosecuting attorney or an attorney from the office of the attorney

38-12  general;

38-13  (b) A sheriff of a county or his deputy;

38-14  (c) An officer of a metropolitan police department or a police

38-15  department of an incorporated city;

38-16  (d) An officer of the division;

38-17  (e) An officer of the department of [prisons;] corrections;

38-18  (f) An officer of a law enforcement agency from another jurisdiction; or

38-19  (g) Any other person upon whom some or all of the powers of a peace

38-20  officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the

38-21  person is seeking information as part of a criminal investigation.

38-22  Sec. 77.  NRS 179D.230 is hereby amended to read as follows:

38-23  179D.230  1.  If the division receives notice from a court pursuant to

38-24  NRS 176.0926 that an offender has been convicted of a crime against a

38-25  child, the division shall:

38-26  (a) If a record of registration has not previously been established for the

38-27  offender by the division, establish a record of registration for the offender

38-28  and forward the record of registration to the central repository; or

38-29  (b) If a record of registration has previously been established for the

38-30  offender by the division, update the record of registration for the offender

38-31  and forward the record of registration to the central repository.

38-32  2.  If the offender named in the notice is granted probation or otherwise

38-33  will not be incarcerated or confined, the central repository shall

38-34  immediately provide notification concerning the offender to the appropriate

38-35  local law enforcement agencies and, if the offender resides in a jurisdiction

38-36  which is outside of this state, to the appropriate law enforcement agency in

38-37  that jurisdiction.

38-38  3.  If the offender named in the notice is incarcerated or confined,

38-39  before the offender is released:

38-40  (a) The division shall:

38-41     (1) Inform the offender of the requirements for registration,

38-42  including, but not limited to:

38-43        (I) The duty to register in this state during any period in which he

38-44  is a resident of this state or a nonresident who is a student or worker within

38-45  this state and the time within which he is required to register pursuant to

38-46  NRS 179D.240;

38-47        (II) The duty to register in any other jurisdiction during any period

38-48  in which he is a resident of the other jurisdiction or a nonresident who is a

38-49  student or worker within the other jurisdiction;

39-1         (III) If he moves from this state to another jurisdiction, the duty to

39-2  register with the appropriate law enforcement agency in the other

39-3  jurisdiction; and

39-4         (IV) The duty to notify the division, in writing, if he changes the

39-5  address at which he resides, including if he moves from this state to

39-6  another jurisdiction, or changes the primary address at which he is a

39-7  student or worker;

39-8      (2) Require the offender to read and sign a form confirming that the

39-9  requirements for registration have been explained to him; and

39-10     (3) Update the record of registration for the offender and forward the

39-11  record of registration to the central repository; and

39-12  (b) The central repository shall provide notification concerning the

39-13  offender to the appropriate local law enforcement agencies and, if the

39-14  offender will reside upon release in a jurisdiction which is outside of this

39-15  state, to the appropriate law enforcement agency in that jurisdiction.

39-16  4.  If requested by the division, the department of [prisons] corrections

39-17  or a local law enforcement agency in whose facility the offender is

39-18  incarcerated shall provide the offender with the information and the

39-19  confirmation form required by paragraph (a) of subsection 3.

39-20  5.  The failure to provide an offender with the information or

39-21  confirmation form required by paragraph (a) of subsection 3 does not affect

39-22  the duty of the offender to register and to comply with all other provisions

39-23  for registration.

39-24  6.  If the central repository receives notice from another jurisdiction or

39-25  the Federal Bureau of Investigation that an offender convicted of a crime

39-26  against a child is now residing or is a student or worker within this state:

39-27  (a) The central repository shall immediately provide notification

39-28  concerning the offender to the division and to the appropriate local law

39-29  enforcement agencies; and

39-30  (b) The division shall establish a record of registration for the offender

39-31  and forward the record of registration to the central repository.

39-32  Sec. 78.  NRS 179D.450 is hereby amended to read as follows:

39-33  179D.450  1.  If the division receives notice from a court pursuant to

39-34  NRS 176.0927 that a sex offender has been convicted of a sexual offense

39-35  or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to

39-36  be an adult sex offender, the division shall:

39-37  (a) If a record of registration has not previously been established for the

39-38  sex offender by the division, establish a record of registration for the sex

39-39  offender and forward the record of registration to the central repository; or

39-40  (b) If a record of registration has previously been established for the sex

39-41  offender by the division, update the record of registration for the sex

39-42  offender and forward the record of registration to the central repository.

39-43  2.  If the sex offender named in the notice is granted probation or

39-44  otherwise will not be incarcerated or confined or if the sex offender named

39-45  in the notice has been deemed to be an adult sex offender pursuant to NRS

39-46  62.590 and is not otherwise incarcerated or confined:

39-47  (a) The central repository shall immediately provide notification

39-48  concerning the sex offender to the appropriate local law enforcement

39-49  agencies and, if the sex offender resides in a jurisdiction which is outside

40-1  of this state, to the appropriate law enforcement agency in that jurisdiction;

40-2  and

40-3    (b) If the sex offender is subject to community notification, the division

40-4  shall arrange for the assessment of the risk of recidivism of the sex

40-5  offender pursuant to the guidelines and procedures for community

40-6  notification established by the attorney general pursuant to NRS 179D.600

40-7  to 179D.800, inclusive.

40-8    3.  If the sex offender named in the notice is incarcerated or confined,

40-9  before the sex offender is released:

40-10  (a) The division shall:

40-11     (1) Inform the sex offender of the requirements for registration,

40-12  including, but not limited to:

40-13        (I) The duty to register in this state during any period in which he

40-14  is a resident of this state or a nonresident who is a student or worker within

40-15  this state and the time within which he is required to register pursuant to

40-16  NRS 179D.460;

40-17        (II) The duty to register in any other jurisdiction during any period

40-18  in which he is a resident of the other jurisdiction or a nonresident who is a

40-19  student or worker within the other jurisdiction;

40-20        (III) If he moves from this state to another jurisdiction, the duty to

40-21  register with the appropriate law enforcement agency in the other

40-22  jurisdiction; and

40-23        (IV) The duty to notify the division, in writing, if he changes the

40-24  address at which he resides, including if he moves from this state to

40-25  another jurisdiction, or changes the primary address at which he is a

40-26  student or worker;

40-27     (2) Require the sex offender to read and sign a form confirming that

40-28  the requirements for registration have been explained to him;

40-29     (3) Update the record of registration for the sex offender and forward

40-30  the record of registration to the central repository; and

40-31     (4) If the sex offender is subject to community notification, arrange

40-32  for the assessment of the risk of recidivism of the sex offender pursuant to

40-33  the guidelines and procedures for community notification established by

40-34  the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive;

40-35  and

40-36  (b) The central repository shall provide notification concerning the sex

40-37  offender to the appropriate local law enforcement agencies and, if the sex

40-38  offender will reside upon release in a jurisdiction which is outside of this

40-39  state, to the appropriate law enforcement agency in that jurisdiction.

40-40  4.  If requested by the division, the department of [prisons] corrections

40-41  or a local law enforcement agency in whose facility the sex offender is

40-42  incarcerated shall provide the sex offender with the information and the

40-43  confirmation form required by paragraph (a) of subsection 3.

40-44  5.  The failure to provide a sex offender with the information or

40-45  confirmation form required by paragraph (a) of subsection 3 does not affect

40-46  the duty of the sex offender to register and to comply with all other

40-47  provisions for registration.

41-1    6.  If the central repository receives notice from another jurisdiction or

41-2  the Federal Bureau of Investigation that a sex offender is now residing or is

41-3  a student or worker within this state:

41-4    (a) The central repository shall immediately provide notification

41-5  concerning the sex offender to the division and to the appropriate local law

41-6  enforcement agencies;

41-7    (b) The division shall establish a record of registration for the sex

41-8  offender and forward the record of registration to the central repository;

41-9  and

41-10  (c) If the sex offender is subject to community notification, the division

41-11  shall arrange for the assessment of the risk of recidivism of the sex

41-12  offender pursuant to the guidelines and procedures for community

41-13  notification established by the attorney general pursuant to NRS 179D.600

41-14  to 179D.800, inclusive.

41-15  Sec. 79.  NRS 199.305 is hereby amended to read as follows:

41-16  199.305  1.  A person who, by intimidating or threatening another

41-17  person, prevents or dissuades a victim of a crime, a person acting on his

41-18  behalf or a witness from:

41-19  (a) Reporting a crime or possible crime to a:

41-20     (1) Judge;

41-21     (2) Peace officer;

41-22     (3) Parole or probation officer;

41-23     (4) Prosecuting attorney;

41-24     (5) Warden or other employee at an institution of the department of

41-25  [prisons;] corrections; or

41-26     (6) Superintendent or other employee at a juvenile correctional

41-27  institution;

41-28  (b) Commencing a criminal prosecution or a proceeding for the

41-29  revocation of a parole or probation, or seeking or assisting in such a

41-30  prosecution or proceeding; or

41-31  (c) Causing the arrest of a person in connection with a crime,

41-32  or who hinders or delays such a victim, agent or witness in his effort to

41-33  carry out any of those actions is guilty of a category D felony and shall be

41-34  punished as provided in NRS 193.130.

41-35  2.  As used in this section, “victim of a crime” means a person against

41-36  whom a crime has been committed.

41-37  Sec. 80.  NRS 200.033 is hereby amended to read as follows:

41-38  200.033  The only circumstances by which murder of the first degree

41-39  may be aggravated are:

41-40  1.  The murder was committed by a person under sentence of

41-41  imprisonment.

41-42  2.  The murder was committed by a person who, at any time before a

41-43  penalty hearing is conducted for the murder pursuant to NRS 175.552, is or

41-44  has been convicted of:

41-45  (a) Another murder and the provisions of subsection 12 do not

41-46  otherwise apply to that other murder; or

41-47  (b) A felony involving the use or threat of violence to the person of

41-48  another and the provisions of subsection 4 do not otherwise apply to that

41-49  felony.

42-1  For the purposes of this subsection, a person shall be deemed to have been

42-2  convicted at the time the jury verdict of guilt is rendered or upon

42-3  pronouncement of guilt by a judge or judges sitting without a jury.

42-4    3.  The murder was committed by a person who knowingly created a

42-5  great risk of death to more than one person by means of a weapon, device

42-6  or course of action which would normally be hazardous to the lives of

42-7  more than one person.

42-8    4.  The murder was committed while the person was engaged, alone or

42-9  with others, in the commission of or an attempt to commit or flight after

42-10  committing or attempting to commit, any robbery, arson in the first degree,

42-11  burglary, invasion of the home or kidnapping in the first degree, and the

42-12  person charged:

42-13  (a) Killed or attempted to kill the person murdered; or

42-14  (b) Knew or had reason to know that life would be taken or lethal force

42-15  used.

42-16  5.  The murder was committed to avoid or prevent a lawful arrest or to

42-17  effect an escape from custody.

42-18  6.  The murder was committed by a person, for himself or another, to

42-19  receive money or any other thing of monetary value.

42-20  7.  The murder was committed upon a peace officer or fireman who

42-21  was killed while engaged in the performance of his official duty or because

42-22  of an act performed in his official capacity, and the defendant knew or

42-23  reasonably should have known that the victim was a peace officer or

42-24  fireman. For the purposes of this subsection, “peace officer” means:

42-25  (a) An employee of the department of [prisons] corrections who does

42-26  not exercise general control over offenders imprisoned within the

42-27  institutions and facilities of the department but whose normal duties require

42-28  him to come into contact with those offenders, when carrying out the duties

42-29  prescribed by the director of the department.

42-30  (b) Any person upon whom some or all of the powers of a peace officer

42-31  are conferred pursuant to NRS 289.150 to 289.360, inclusive, when

42-32  carrying out those powers.

42-33  8.  The murder involved torture or the mutilation of the victim.

42-34  9.  The murder was committed upon one or more persons at random

42-35  and without apparent motive.

42-36  10.  The murder was committed upon a person less than 14 years of

42-37  age.

42-38  11.  The murder was committed upon a person because of the actual or

42-39  perceived race, color, religion, national origin, physical or mental disability

42-40  or sexual orientation of that person.

42-41  12.  The defendant has, in the immediate proceeding, been convicted of

42-42  more than one offense of murder in the first or second degree. For the

42-43  purposes of this subsection, a person shall be deemed to have been

42-44  convicted of a murder at the time the jury verdict of guilt is rendered or

42-45  upon pronouncement of guilt by a judge or judges sitting without a jury.

42-46  13.  The person, alone or with others, subjected or attempted to subject

42-47  the victim of the murder to nonconsensual sexual penetration immediately

42-48  before, during or immediately after the commission of the murder. For the

42-49  purposes of this subsection:

43-1    (a) “Nonconsensual” means against the victim’s will or under

43-2  conditions in which the person knows or reasonably should know that the

43-3  victim is mentally or physically incapable of resisting, consenting or

43-4  understanding the nature of his conduct, including, but not limited to,

43-5  conditions in which the person knows or reasonably should know that the

43-6  victim is dead.

43-7    (b) “Sexual penetration” means cunnilingus, fellatio or any intrusion,

43-8  however slight, of any part of the victim’s body or any object manipulated

43-9  or inserted by a person, alone or with others, into the genital or anal

43-10  openings of the body of the victim, whether or not the victim is alive. The

43-11  term includes, but is not limited to, anal intercourse and sexual intercourse

43-12  in what would be its ordinary meaning.

43-13  14.  The murder was committed on the property of a public or private

43-14  school, at an activity sponsored by a public or private school or on a school

43-15  bus while the bus was engaged in its official duties by a person who

43-16  intended to create a great risk of death or substantial bodily harm to more

43-17  than one person by means of a weapon, device or course of action that

43-18  would normally be hazardous to the lives of more than one person. For the

43-19  purposes of this subsection, “school bus” has the meaning ascribed to it in

43-20  NRS 483.160.

43-21  Sec. 81.  NRS 202.2491 is hereby amended to read as follows:

43-22  202.2491  1.  Except as otherwise provided in subsections 5 and 6 and

43-23  NRS 202.24915, the smoking of tobacco in any form is prohibited if done

43-24  in any:

43-25  (a) Public elevator.

43-26  (b) Public building.

43-27  (c) Public waiting room, lobby or hallway of any:

43-28     (1) Medical facility or facility for the dependent as defined in chapter

43-29  449 of NRS; or

43-30     (2) Office of any chiropractor, dentist, physical therapist, physician,

43-31  podiatric physician, psychologist, optician, optometrist, doctor of Oriental

43-32  medicine or doctor of acupuncture.

43-33  (d) Hotel or motel when so designated by the operator thereof.

43-34  (e) Public area of a store principally devoted to the sale of food for

43-35  human consumption off the premises.

43-36  (f) Child care facility.

43-37  (g) Bus used by the general public, other than a chartered bus, or in any

43-38  maintenance facility or office associated with a bus system operated by any

43-39  regional transportation commission.

43-40  (h) School bus.

43-41  2.  The person in control of an area listed in paragraph (c), (d), (e), (f)

43-42  or (g) of subsection 1:

43-43  (a) Shall post in the area signs prohibiting smoking in any place not

43-44  designated for that purpose as provided in paragraph (b).

43-45  (b) May designate separate rooms or portions of the area which may be

43-46  used for smoking, except for a room or portion of the area of a store

43-47  described in paragraph (e) of subsection 1 if the room or portion of the

43-48  area:

44-1      (1) Is leased to or operated by a person licensed pursuant to NRS

44-2  463.160; and

44-3      (2) Does not otherwise qualify for an exemption set forth in NRS

44-4  202.24915.

44-5    3.  The person in control of a public building:

44-6    (a) Shall post in the area signs prohibiting smoking in any place not

44-7  designated for that purpose as provided in paragraph (b).

44-8    (b) Shall, except as otherwise provided in this subsection, designate a

44-9  separate area which may be used for smoking.

44-10  A school district which prohibits the use of tobacco by pupils need not

44-11  designate an area which may be used by the pupils to smoke.

44-12  4.  The operator of a restaurant with a seating capacity of 50 or more

44-13  shall maintain a flexible nonsmoking area within the restaurant and offer

44-14  each patron the opportunity to be seated in a smoking or nonsmoking area.

44-15  5.  A business which derives more than 50 percent of its gross receipts

44-16  from the sale of alcoholic beverages or 50 percent of its gross receipts from

44-17  gaming operations may be designated as a smoking area in its entirety by

44-18  the operator of the business.

44-19  6.  The smoking of tobacco is not prohibited in:

44-20  (a) Any room or area designated for smoking pursuant to paragraph (b)

44-21  of subsection 2 or paragraph (b) of subsection 3.

44-22  (b) A licensed gaming establishment. A licensed gaming establishment

44-23  may designate separate rooms or areas within the establishment which may

44-24  or may not be used for smoking.

44-25  7.  The person in control of a child care facility shall not allow children

44-26  in any room or area he designates for smoking pursuant to paragraph (b) of

44-27  subsection 2. Any such room or area must be sufficiently separate or

44-28  ventilated so that there are no irritating or toxic effects of smoke in the

44-29  other areas of the facility.

44-30  8.  As used in this section:

44-31  (a) “Child care facility” means an establishment licensed pursuant to

44-32  chapter 432A of NRS to provide care for 13 or more children.

44-33  (b) “Licensed gaming establishment” has the meaning ascribed to it in

44-34  NRS 463.0169.

44-35  (c) “Public building” means any building or office space owned or

44-36  occupied by:

44-37     (1) Any component of the University and Community College

44-38  System of Nevada and used for any purpose related to the system.

44-39     (2) The State of Nevada and used for any public purpose, other than

44-40  that used by the department of [prisons] corrections to house or provide

44-41  other services to offenders.

44-42     (3) Any county, city, school district or other political subdivision of

44-43  the state and used for any public purpose.

44-44  If only part of a building is owned or occupied by an entity described in

44-45  this paragraph, the term means only that portion of the building which is so

44-46  owned or occupied.

44-47  (d) “School bus” has the meaning ascribed to it in NRS 483.160.

 

 

45-1    Sec. 82.  NRS 202.375 is hereby amended to read as follows:

45-2    202.375  1.  The provisions of NRS 202.370 to 202.440, inclusive, do

45-3  not apply to the sale or purchase by any adult, or the possession or use by

45-4  any person, including a minor but not including a convicted person as

45-5  defined in NRS 179C.010, of any form of:

45-6    (a) Cartridge which contains not more than 2 fluid ounces in volume of

45-7  “CS” tear gas that may be propelled by air or another gas, but not an

45-8  explosive, in the form of an aerosol spray; or

45-9    (b) Weapon designed for the use of such a cartridge which does not

45-10  exceed that size,

45-11  and which is designed and intended for use as an instrument of self-

45-12  defense.

45-13  2.  A seller, before delivering to a purchaser a cartridge or weapon

45-14  which may be sold pursuant to subsection 1, must record and maintain for

45-15  not less than 2 years the name and address of the purchaser and the brand

45-16  name, model number or type, and serial number if there is one, of the

45-17  weapon or cartridge, or both.

45-18  3.  The provisions of NRS 202.370 to 202.440, inclusive, do not

45-19  prohibit police departments or regular salaried peace officers thereof,

45-20  sheriffs and their regular salaried deputies, the director, deputy director and

45-21  superintendents of, and guards employed by, the department of [prisons,]

45-22  corrections, personnel of the Nevada highway patrol or the military or

45-23  naval forces of this state or of the United States from purchasing,

45-24  possessing or transporting any shells, cartridges, bombs or weapons for

45-25  official use in the discharge of their duties.

45-26  4.  As used in this section, “CS” tear gas means a crystalline powder

45-27  containing ortho-chlorobenzalmalononitrile.

45-28  Sec. 83.  NRS 228.150 is hereby amended to read as follows:

45-29  228.150  1.  When requested, the attorney general shall give his

45-30  opinion, in writing, upon any question of law, to the governor, the secretary

45-31  of state, the state controller, the state treasurer, the director of the

45-32  department of [prisons,] corrections, to the head of any state department,

45-33  agency, board or commission, to any district attorney and to any city

45-34  attorney of any incorporated city within the State of Nevada, upon any

45-35  question of law relating to their respective offices, departments, agencies,

45-36  boards or commissions.

45-37  2.  Nothing contained in subsection 1 requires the attorney general to

45-38  give his written opinion to any city attorney concerning questions relating

45-39  to the interpretation or construction of city ordinances.

45-40  3.  The attorney general is not entitled to receive any fee for the

45-41  performance of any duty required of him by law, but money may be paid to

45-42  his office or pursuant to law or an agreement with an agency of the state

45-43  for the performance of any duty or service by his office.

45-44  Sec. 84.  NRS 228.170 is hereby amended to read as follows:

45-45  228.170  1.  Whenever the governor directs or when, in the opinion of

45-46  the attorney general, to protect and secure the interest of the state it is

45-47  necessary that a suit be commenced or defended in any federal or state

45-48  court, the attorney general shall commence the action or make the defense.

46-1    2.  The attorney general may investigate and prosecute any crime

46-2  committed by a person:

46-3    (a) Confined in or committed to an institution or facility of the

46-4  department of [prisons.] corrections.

46-5    (b) Acting in concert with, whether as a principal or accessory, any

46-6  person confined in or committed to an institution or facility of the

46-7  department of [prisons.] corrections.

46-8    (c) In violation of chapter 212 of NRS, if the crime involves:

46-9      (1) An institution or facility of the department of [prisons;]

46-10  corrections; or

46-11     (2) A person confined in or committed to such an institution or

46-12  facility.

46-13  Sec. 85.  NRS 233B.039 is hereby amended to read as follows:

46-14  233B.039  1.  The following agencies are entirely exempted from the

46-15  requirements of this chapter:

46-16  (a) The governor.

46-17  (b) The department of [prisons.] corrections.

46-18  (c) The University and Community College System of Nevada.

46-19  (d) The office of the military.

46-20  (e) The state gaming control board.

46-21  (f) The Nevada gaming commission.

46-22  (g) The welfare division of the department of human resources.

46-23  (h) The division of health care financing and policy of the department of

46-24  human resources.

46-25  (i) The state board of examiners acting pursuant to chapter 217 of NRS.

46-26  (j) Except as otherwise provided in NRS 533.365, the office of the state

46-27  engineer.

46-28  (k) The division of industrial relations of the department of business and

46-29  industry acting to enforce the provisions of NRS 618.375.

46-30  (l) The board to review claims in adopting resolutions to carry out its

46-31  duties pursuant to NRS 590.830.

46-32  2.  Except as otherwise provided in NRS 391.323, the department of

46-33  education, the board of the public employees’ benefits program and the

46-34  commission on professional standards in education are subject to the

46-35  provisions of this chapter for the purpose of adopting regulations but not

46-36  with respect to any contested case.

46-37  3.  The special provisions of:

46-38  (a) Chapter 612 of NRS for the distribution of regulations by and the

46-39  judicial review of decisions of the employment security division of the

46-40  department of employment, training and rehabilitation;

46-41  (b) Chapters 616A to 617, inclusive, of NRS for the determination of

46-42  contested claims;

46-43  (c) Chapter 703 of NRS for the judicial review of decisions of the

46-44  public utilities commission of Nevada;

46-45  (d) Chapter 91 of NRS for the judicial review of decisions of the

46-46  administrator of the securities division of the office of the secretary of

46-47  state; and

46-48  (e) NRS 90.800 for the use of summary orders in contested cases,

46-49  prevail over the general provisions of this chapter.

47-1    4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and

47-2  233B.126 do not apply to the department of human resources in the

47-3  adjudication of contested cases involving the issuance of letters of approval

47-4  for health facilities and agencies.

47-5    5.  The provisions of this chapter do not apply to:

47-6    (a) Any order for immediate action, including, but not limited to,

47-7  quarantine and the treatment or cleansing of infected or infested animals,

47-8  objects or premises, made under the authority of the state board of

47-9  agriculture, the state board of health, the state board of sheep

47-10  commissioners or any other agency of this state in the discharge of a

47-11  responsibility for the preservation of human or animal health or for insect

47-12  or pest control; or

47-13  (b) An extraordinary regulation of the state board of pharmacy adopted

47-14  pursuant to NRS 453.2184.

47-15  6.  The state board of parole commissioners is subject to the provisions

47-16  of this chapter for the purpose of adopting regulations but not with respect

47-17  to any contested case.

47-18  Sec. 86.  NRS 281.210 is hereby amended to read as follows:

47-19  281.210  1.  Except as otherwise provided in this section, it is

47-20  unlawful for any person acting as a school trustee, state, township,

47-21  municipal or county officer, or as an employing authority of the University

47-22  and Community College System of Nevada, any school district or of the

47-23  state, any town, city or county, or for any state or local board, agency or

47-24  commission, elected or appointed, to employ in any capacity on behalf of

47-25  the State of Nevada, or any county, township, municipality or school

47-26  district thereof, or the University and Community College System of

47-27  Nevada, any relative of such a person or of any member of such a board,

47-28  agency or commission who is within the third degree of consanguinity or

47-29  affinity.

47-30  2.  This section does not apply:

47-31  (a) To school districts, when the teacher or other school employee is not

47-32  related to more than one of the trustees or person who is an employing

47-33  authority by consanguinity or affinity and receives a unanimous vote of all

47-34  members of the board of trustees and approval by the state department of

47-35  education.

47-36  (b) To school districts, when the teacher or other school employee has

47-37  been employed by an abolished school district or educational district,

47-38  which constitutes a part of the employing county school district, and the

47-39  county school district for 4 years or more before April 1, 1957.

47-40  (c) To the spouse of the warden of an institution or manager of a facility

47-41  of the department of [prisons.] corrections.

47-42  (d) To the spouse of the superintendent of the Caliente youth center.

47-43  (e) To relatives of blind officers and employees of the bureau of

47-44  services to the blind and visually impaired of the rehabilitation division of

47-45  the department of employment, training and rehabilitation when those

47-46  relatives are employed as automobile drivers for those officers and

47-47  employees.

47-48  (f) To relatives of a member of a town board of a town whose

47-49  population is less than 300.

48-1    3.  Nothing in this section:

48-2    (a) Prevents any officer in this state, employed under a flat salary, from

48-3  employing any suitable person to assist in any such employment, when the

48-4  payment for the service is met out of the personal money of the officer.

48-5    (b) Disqualifies any widow with a dependent as an employee of any

48-6  officer or board in this state, or any of its counties, townships,

48-7  municipalities or school districts.

48-8    4.  A person employed contrary to the provisions of this section must

48-9  not be compensated for the employment.

48-10  5.  Any person violating any provisions of this section is guilty of a

48-11  gross misdemeanor.

48-12  Sec. 87.  NRS 281.210 is hereby amended to read as follows:

48-13  281.210  1.  Except as otherwise provided in this section, it is

48-14  unlawful for any person acting as a school trustee, state, township,

48-15  municipal or county officer, or as an employing authority of the University

48-16  and Community College System of Nevada, any school district or of the

48-17  state, any town, city or county, or for any state or local board, agency or

48-18  commission, elected or appointed, to employ in any capacity on behalf of

48-19  the State of Nevada, or any county, township, municipality or school

48-20  district thereof, or the University and Community College System of

48-21  Nevada, any relative of such a person or of any member of such a board,

48-22  agency or commission who is within the third degree of consanguinity or

48-23  affinity.

48-24  2.  This section does not apply:

48-25  (a) To school districts, when the teacher or other school employee is not

48-26  related to more than one of the trustees or person who is an employing

48-27  authority by consanguinity or affinity and receives a unanimous vote of all

48-28  members of the board of trustees and approval by the state department of

48-29  education.

48-30  (b) To school districts, when the teacher or other school employee has

48-31  been employed by an abolished school district or educational district,

48-32  which constitutes a part of the employing county school district, and the

48-33  county school district for 4 years or more before April 1, 1957.

48-34  (c) To the spouse of the warden of an institution or manager of a facility

48-35  of the department of [prisons.] corrections.

48-36  (d) To the spouse of the superintendent of the Caliente youth center.

48-37  (e) To relatives of blind officers and employees of the bureau of

48-38  services to the blind and visually impaired of the rehabilitation division of

48-39  the department of employment, training and rehabilitation when those

48-40  relatives are employed as automobile drivers for those officers and

48-41  employees.

48-42  3.  Nothing in this section:

48-43  (a) Prevents any officer in this state, employed under a flat salary, from

48-44  employing any suitable person to assist in any such employment, when the

48-45  payment for the service is met out of the personal money of the officer.

48-46  (b) Disqualifies any widow with a dependent as an employee of any

48-47  officer or board in this state, or any of its counties, townships,

48-48  municipalities or school districts.

49-1    4.  A person employed contrary to the provisions of this section must

49-2  not be compensated for the employment.

49-3    5.  Any person violating any provisions of this section is guilty of a

49-4  gross misdemeanor.

49-5    Sec. 88.  NRS 289.220 is hereby amended to read as follows:

49-6    289.220  1.  The director of the department of [prisons,] corrections,

49-7  and any officer or employee of the department so designated by the

49-8  director, have the powers of a peace officer when performing duties

49-9  prescribed by the director. For the purposes of this subsection, the duties

49-10  which may be prescribed by the director include, but are not limited to,

49-11  pursuit and return of escaped offenders, transportation and escort of

49-12  offenders and the general exercise of control over offenders within or

49-13  outside the confines of the institutions and facilities of the department.

49-14  2.  A person appointed pursuant to NRS 211.115 to administer

49-15  detention facilities or a jail, and his subordinate jailers, corrections officers

49-16  and other employees whose duties involve law enforcement have the

49-17  powers of a peace officer.

49-18  Sec. 89.  NRS 289.480 is hereby amended to read as follows:

49-19  289.480  “Category III peace officer” means a peace officer whose

49-20  authority is limited to correctional services, including the superintendents

49-21  and correctional officers of the department of [prisons.] corrections.

49-22  Sec. 90.  NRS 289.550 is hereby amended to read as follows:

49-23  289.550  The persons upon whom some or all of the powers of a peace

49-24  officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must

49-25  be certified by the commission, except:

49-26  1.  The chief parole and probation officer;

49-27  2.  The director of the department of [prisons;] corrections;

49-28  3.  The state fire marshal;

49-29  4.  The director of the department of motor vehicles and public safety,

49-30  the deputy directors of the department, the chiefs of the divisions of the

49-31  department other than the investigation division, and the members of the

49-32  state disaster identification team of the division of emergency management

49-33  of the department;

49-34  5.  The commissioner of insurance and his chief deputy;

49-35  6.  Railroad policemen; and

49-36  7.  California correctional officers.

49-37  Sec. 91.  NRS 333.175 is hereby amended to read as follows:

49-38  333.175  The chief may exempt from the provisions of this chapter

49-39  purchases made by the department of [prisons,] corrections, with money

49-40  from the offenders’ store fund, for the provision and maintenance of

49-41  canteens for offenders.

49-42  Sec. 92.  NRS 334.010 is hereby amended to read as follows:

49-43  334.010  1.  No automobile may be purchased by any department,

49-44  office, bureau, officer or employee of the state without prior written

49-45  consent of the state board of examiners.

49-46  2.  All such automobiles must be used for official purposes only.

49-47  3.  All such automobiles, except:

49-48  (a) Automobiles maintained for and used by the governor;

50-1    (b) Automobiles used by or under the authority and direction of the

50-2  chief parole and probation officer, the state contractors’ board and auditors,

50-3  the state fire marshal, the investigation division of the department of motor

50-4  vehicles and public safety, the investigators of the state gaming control

50-5  board, the investigators of the securities division of the office of the

50-6  secretary of state and the investigators of the attorney general;

50-7    (c) One automobile used by the department of [prisons;] corrections;

50-8    (d) Two automobiles used by the Caliente youth center;

50-9    (e) Three automobiles used by the Nevada youth training center; and

50-10  (f) Four automobiles used by the youth parole bureau of the division of

50-11  child and family services of the department of human resources,

50-12  must be labeled by painting the words “State of Nevada” and “For Official

50-13  Use Only” on the automobiles in plain lettering. The director of the

50-14  department of administration or his representative shall prescribe the size

50-15  and location of the label for all such automobiles.

50-16  4.  Any officer or employee of the State of Nevada who violates any

50-17  provision of this section is guilty of a misdemeanor.

50-18  Sec. 93.  NRS 380A.041 is hereby amended to read as follows:

50-19  380A.041  1.  The governor shall appoint to the council:

50-20  (a) A representative of public libraries;

50-21  (b) A trustee of a legally established library or library system;

50-22  (c) A representative of school libraries;

50-23  (d) A representative of academic libraries;

50-24  (e) A representative of special libraries or institutional libraries;

50-25  (f) A representative of persons with disabilities;

50-26  (g) A representative of the public who uses these libraries;

50-27  (h) A representative of recognized state labor organizations;

50-28  (i) A representative of private sector employers;

50-29  (j) A representative of private literacy organizations, voluntary literacy

50-30  organizations or community-based literacy organizations; and

50-31  (k) A classroom teacher who has demonstrated outstanding results in

50-32  teaching children or adults to read.

50-33  2.  The director of the following state agencies or their designees shall

50-34  serve as ex officio members of the council:

50-35  (a) The department of cultural affairs;

50-36  (b) The department of education;

50-37  (c) The state job training office;

50-38  (d) The department of human resources;

50-39  (e) The commission on economic development; and

50-40  (f) The department of [prisons.] corrections.

50-41  3.  Officers of state government whose agencies provide funding for

50-42  literacy services may be designated by the governor or the chairman of the

50-43  council to serve whenever matters within the jurisdiction of the agency are

50-44  considered by the council.

50-45  4.  The governor shall ensure that there is appropriate representation on

50-46  the council of urban and rural areas of the state, women, persons with

50-47  disabilities and racial and ethnic minorities.

50-48  5.  A person may not serve as a member of the council for more than

50-49  two consecutive terms.

51-1    Sec. 94.  NRS 387.1233 is hereby amended to read as follows:

51-2    387.1233  1.  Except as otherwise provided in subsection 2, basic

51-3  support of each school district must be computed by:

51-4    (a) Multiplying the basic support guarantee per pupil established for that

51-5  school district for that school year by the sum of:

51-6      (1) Six-tenths the count of pupils enrolled in the kindergarten

51-7  department on the last day of the first school month of the school district

51-8  for the school year, including, without limitation, the count of pupils who

51-9  reside in the county and are enrolled in any charter school on the last day

51-10  of the first school month of the school district for the school year.

51-11     (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

51-12  last day of the first school month of the school district for the school year,

51-13  including, without limitation, the count of pupils who reside in the county

51-14  and are enrolled in any charter school on the last day of the first school

51-15  month of the school district for the school year.

51-16     (3) The count of pupils not included under subparagraph (1) or (2)

51-17  who are receiving special education pursuant to the provisions of NRS

51-18  388.440 to 388.520, inclusive, on the last day of the first school month of

51-19  the school district for the school year, excluding the count of pupils who

51-20  have not attained the age of 5 years and who are receiving special

51-21  education pursuant to subsection 1 of NRS 388.490 on that day.

51-22     (4) Six-tenths the count of pupils who have not attained the age of 5

51-23  years and who are receiving special education pursuant to subsection 1 of

51-24  NRS 388.490 on the last day of the first school month of the school district

51-25  for the school year.

51-26     (5) The count of children detained in detention homes, alternative

51-27  programs and juvenile forestry camps receiving instruction pursuant to the

51-28  provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

51-29  first school month of the school district for the school year.

51-30     (6) The count of pupils who are enrolled in classes for at least one

51-31  semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS

51-32  392.070, expressed as a percentage of the total time services are provided

51-33  to those pupils per school day in proportion to the total time services are

51-34  provided during a school day to pupils who are counted pursuant to

51-35  subparagraph (2).

51-36  (b) Multiplying the number of special education program units

51-37  maintained and operated by the amount per program established for that

51-38  school year.

51-39  (c) Adding the amounts computed in paragraphs (a) and (b).

51-40  2.  If the enrollment of pupils in a school district or a charter school

51-41  that is located within the school district on the last day of the first school

51-42  month of the school district for the school year is less than the enrollment

51-43  of pupils in the same school district or charter school on the last day of the

51-44  first school month of the school district for the immediately preceding

51-45  school year, the larger number must be used for purposes of apportioning

51-46  money from the state distributive school account to that school district or

51-47  charter school pursuant to NRS 387.124.

52-1    3.  Pupils who are excused from attendance at examinations or have

52-2  completed their work in accordance with the rules of the board of trustees

52-3  must be credited with attendance during that period.

52-4    4.  Pupils who are incarcerated in a facility or institution operated by

52-5  the department of [prisons] corrections must not be counted for the

52-6  purpose of computing basic support pursuant to this section. The average

52-7  daily attendance for such pupils must be reported to the department of

52-8  education.

52-9    5.  Part-time pupils who are enrolled in courses which are approved by

52-10  the department as meeting the requirements for an adult to earn a high

52-11  school diploma must not be counted for the purpose of computing basic

52-12  support pursuant to this section. The average daily attendance for such

52-13  pupils must be reported to the department.

52-14  Sec. 95.  NRS 391.090 is hereby amended to read as follows:

52-15  391.090  1.  Any person who is:

52-16  (a) Granted a license to teach or perform other educational functions in

52-17  the public schools of Nevada, in the school conducted at the Nevada youth

52-18  training center or the Caliente youth center or for any program of

52-19  instruction for kindergarten or grades 1 to 12, inclusive, conducted at any

52-20  correctional institution in the department of [prisons;] corrections; or

52-21  (b) Charged with the duty at the Nevada youth training center or the

52-22  Caliente youth center of giving instruction in the Constitution of the United

52-23  States and the constitution of the State of Nevada,

52-24  must show, by examination or credentials showing college, university or

52-25  normal school study, satisfactory evidence of adequate knowledge of the

52-26  origin, history, provisions and principles of the Constitution of the United

52-27  States and the constitution of the State of Nevada.

52-28  2.  The commission may grant a reasonable time for compliance with

52-29  the terms of this section.

52-30  Sec. 96.  NRS 425.393 is hereby amended to read as follows:

52-31  425.393  1.  The chief may request the following information to carry

52-32  out the provisions of this chapter:

52-33  (a) The records of the following public officers and state, county and

52-34  local agencies:

52-35     (1) The state registrar of vital statistics;

52-36     (2) Agencies responsible for maintaining records relating to state and

52-37  local taxes and revenue;

52-38     (3) Agencies responsible for keeping records concerning real

52-39  property and personal property for which a title must be obtained;

52-40     (4) All boards, commissions and agencies that issue occupational or

52-41  professional licenses, certificates or permits;

52-42     (5) The secretary of state;

52-43     (6) The employment security division of the department of

52-44  employment, training and rehabilitation;

52-45     (7) Agencies that administer public assistance;

52-46     (8) The department of motor vehicles and public safety;

52-47     (9) The department of [prisons;] corrections; and

52-48     (10) Law enforcement agencies and any other agencies that maintain

52-49  records of criminal history.

53-1    (b) The names and addresses of:

53-2      (1) The customers of public utilities and community antenna

53-3  television companies; and

53-4      (2) The employers of the customers described in subparagraph (1).

53-5    (c) Information in the possession of financial institutions relating to the

53-6  assets, liabilities and any other details of the finances of a person.

53-7    (d) Information in the possession of a public or private employer

53-8  relating to the employment, compensation and benefits of a person

53-9  employed by the employer as an employee or independent contractor.

53-10  2.  If a person or other entity fails to supply the information requested

53-11  pursuant to subsection 1, the administrator may issue a subpoena to compel

53-12  the person or entity to provide that information. A person or entity who

53-13  fails to comply with a request made pursuant to subsection 1 is subject to a

53-14  civil penalty not to exceed $500 for each failure to comply.

53-15  3.  A disclosure made in good faith pursuant to subsection 1 does not

53-16  give rise to any action for damages for the disclosure.

53-17  Sec. 97.  NRS 426.630 is hereby amended to read as follows:

53-18  426.630  As used in NRS 426.630 to 426.720, inclusive, unless the

53-19  context otherwise requires:

53-20  1.  “Operator” means the individual blind person responsible for the

53-21  day-to-day operation of the vending stand.

53-22  2.  “Public building” or “property” means any building, land or other

53-23  real property, owned, leased or occupied by any department or agency of

53-24  the state or any of its political subdivisions except public elementary and

53-25  secondary schools, the University and Community College System of

53-26  Nevada, the Nevada state park system and the department of [prisons.]

53-27  corrections.

53-28  3.  “Vending stand” means:

53-29  (a) Such buildings, shelters, counters, shelving, display and wall cases,

53-30  refrigerating apparatus and other appropriate auxiliary equipment as are

53-31  necessary or customarily used for the vending of such articles or the

53-32  provision of such services as may be approved by the bureau and the

53-33  department or agency having care, custody and control of the building or

53-34  property in or on which the vending stand is located;

53-35  (b) Manual or coin-operated vending machines or similar devices for

53-36  vending such articles, operated in a particular building, even though no

53-37  person is physically present on the premises except to service the

53-38  machines;

53-39  (c) A cafeteria or snack bar for the dispensing of foodstuffs and

53-40  beverages; or

53-41  (d) Portable shelters which can be disassembled and reassembled, and

53-42  the equipment therein, used for the vending of approved articles, foodstuffs

53-43  or beverages or the provision of approved services.

53-44  Sec. 98.  NRS 433A.450 is hereby amended to read as follows:

53-45  433A.450  When a psychiatrist and one other person professionally

53-46  qualified in the field of psychiatric mental health determines that an

53-47  offender confined in an institution of the department of [prisons]

53-48  corrections is mentally ill, the director of the department of [prisons]

53-49  corrections shall apply to the administrator for the offender’s detention and

54-1  treatment at a division facility selected by the administrator. If the

54-2  administrator determines that adequate security or treatment is not

54-3  available in a division facility, the administrator shall provide, within the

54-4  resources available to the division and as he deems necessary, consultation

54-5  and other appropriate services for the offender at the place where he is

54-6  confined. It is the director’s decision whether to accept such services.

54-7    Sec. 99.  NRS 444.330 is hereby amended to read as follows:

54-8    444.330  1.  The health division has supervision over the sanitation,

54-9  healthfulness, cleanliness and safety, as it pertains to the foregoing matters,

54-10  of the following state institutions:

54-11  (a) Institutions and facilities of the department of [prisons.] corrections.

54-12  (b) Northern Nevada adult mental health services.

54-13  (c) Nevada youth training center.

54-14  (d) Caliente youth center.

54-15  (e) Northern Nevada children’s home.

54-16  (f) Southern Nevada children’s home.

54-17  (g) University and Community College System of Nevada.

54-18  2.  The state board of health may adopt regulations pertaining thereto as

54-19  are necessary to promote properly the sanitation, healthfulness, cleanliness

54-20  and, as it pertains to the foregoing matters, the safety of those institutions.

54-21  3.  The state health officer or his authorized agent shall inspect those

54-22  institutions at least once each calendar year and whenever he deems an

54-23  inspection necessary to carry out the provisions of this section.

54-24  4.  The state health officer may publish reports of the inspections.

54-25  5.  All persons charged with the duty of maintenance and operation of

54-26  the institutions named in this section shall operate the institutions in

54-27  conformity with the regulations adopted by the state board of health

54-28  pursuant to subsection 2.

54-29  6.  The state health officer or his authorized agent may, in carrying out

54-30  the provisions of this section, enter upon any part of the premises of any of

54-31  the institutions named in this section over which he has jurisdiction, to

54-32  determine the sanitary conditions of the institutions and to determine

54-33  whether the provisions of this section and the regulations of the state board

54-34  of health pertaining thereto are being violated.

54-35  Sec. 100.  NRS 453.3363 is hereby amended to read as follows:

54-36  453.3363  1.  If a person who has not previously been convicted of

54-37  any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to

54-38  any statute of the United States or of any state relating to narcotic drugs,

54-39  marijuana, or stimulant, depressant or hallucinogenic substances tenders a

54-40  plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a

54-41  charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of

54-42  one of those charges, the court, without entering a judgment of conviction

54-43  and with the consent of the accused, may suspend further proceedings and

54-44  place him on probation upon terms and conditions that must include

54-45  attendance and successful completion of an educational program or, in the

54-46  case of a person dependent upon drugs, of a program of treatment and

54-47  rehabilitation pursuant to NRS 453.580.

54-48  2.  Upon violation of a term or condition, the court may enter a

54-49  judgment of conviction and proceed as provided in the section pursuant to

55-1  which the accused was charged. Notwithstanding the provisions of

55-2  paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

55-3  condition, the court may order the person to the custody of the department

55-4  of [prisons.] corrections.

55-5    3.  Upon fulfillment of the terms and conditions, the court shall

55-6  discharge the accused and dismiss the proceedings against him. A

55-7  nonpublic record of the dismissal must be transmitted to and retained by

55-8  the division of parole and probation of the department of motor vehicles

55-9  and public safety solely for the use of the courts in determining whether, in

55-10  later proceedings, the person qualifies under this section.

55-11  4.  Except as otherwise provided in subsection 5, discharge and

55-12  dismissal under this section is without adjudication of guilt and is not a

55-13  conviction for purposes of this section or for purposes of employment, civil

55-14  rights or any statute or regulation or license or questionnaire or for any

55-15  other public or private purpose, but is a conviction for the purpose of

55-16  additional penalties imposed for second or subsequent convictions or the

55-17  setting of bail. Discharge and dismissal restores the person discharged, in

55-18  the contemplation of the law, to the status occupied before the arrest,

55-19  indictment or information. He may not be held thereafter under any law to

55-20  be guilty of perjury or otherwise giving a false statement by reason of

55-21  failure to recite or acknowledge that arrest, indictment, information or trial

55-22  in response to an inquiry made of him for any purpose. Discharge and

55-23  dismissal under this section may occur only once with respect to any

55-24  person.

55-25  5.  A professional licensing board may consider a proceeding under this

55-26  section in determining suitability for a license or liability to discipline for

55-27  misconduct. Such a board is entitled for those purposes to a truthful answer

55-28  from the applicant or licensee concerning any such proceeding with respect

55-29  to him.

55-30  Sec. 101.  NRS 453.377 is hereby amended to read as follows:

55-31  453.377  A controlled substance may be dispensed by:

55-32  1.  A registered pharmacist upon a legal prescription from a practitioner

55-33  or to a pharmacy in a correctional institution upon the written order of the

55-34  prescribing practitioner in charge.

55-35  2.  A pharmacy in a correctional institution, in case of emergency, upon

55-36  a written order signed by the chief medical officer.

55-37  3.  A practitioner.

55-38  4.  A registered nurse, when the state, county, city or district health

55-39  officer has declared a state of emergency.

55-40  5.  A medical intern in the course of his internship.

55-41  6.  An advanced practitioner of nursing who holds a certificate from the

55-42  state board of nursing and a certificate from the state board of pharmacy

55-43  permitting him to dispense controlled substances.

55-44  7.  A pharmacy in an institution of the department of [prisons]

55-45  corrections to a person designated by the director of the department of

55-46  [prisons] corrections to administer a lethal injection to a person who has

55-47  been sentenced to death.

55-48  8.  A registered pharmacist from an institutional pharmacy, pursuant to

55-49  regulations adopted by the board.

56-1    Sec. 102.  NRS 454.215 is hereby amended to read as follows:

56-2    454.215  A dangerous drug may be dispensed by:

56-3    1.  A registered pharmacist upon the legal prescription from a

56-4  practitioner or to a pharmacy in a correctional institution upon the written

56-5  order of the prescribing practitioner in charge;

56-6    2.  A pharmacy in a correctional institution, in case of emergency, upon

56-7  a written order signed by the chief medical officer;

56-8    3.  A practitioner, or a physician assistant if authorized by the board;

56-9    4.  A registered nurse, when the nurse is engaged in the performance of

56-10  any public health program approved by the board;

56-11  5.  A medical intern in the course of his internship;

56-12  6.  An advanced practitioner of nursing who holds a certificate from the

56-13  state board of nursing and a certificate from the state board of pharmacy

56-14  permitting him to dispense dangerous drugs;

56-15  7.  A registered nurse employed at an institution of the department of

56-16  [prisons] corrections to an offender in that institution; or

56-17  8.  A registered pharmacist from an institutional pharmacy pursuant to

56-18  regulations adopted by the board,

56-19  except that no person may dispense a dangerous drug in violation of a

56-20  regulation adopted by the board.

56-21  Sec. 103.  NRS 454.221 is hereby amended to read as follows:

56-22  454.221  1.  A person who furnishes any dangerous drug except upon

56-23  the prescription of a practitioner is guilty of a category D felony and shall

56-24  be punished as provided in NRS 193.130, unless the dangerous drug was

56-25  obtained originally by a legal prescription.

56-26  2.  The provisions of this section do not apply to the furnishing of any

56-27  dangerous drug by:

56-28  (a) A practitioner to his patients;

56-29  (b) A physician assistant if authorized by the board;

56-30  (c) A registered nurse while participating in a public health program

56-31  approved by the board, or an advanced practitioner of nursing who holds a

56-32  certificate from the state board of nursing and a certificate from the state

56-33  board of pharmacy permitting him to dispense dangerous drugs;

56-34  (d) A manufacturer or wholesaler or pharmacy to each other or to a

56-35  practitioner or to a laboratory under records of sales and purchases that

56-36  correctly give the date, the names and addresses of the supplier and the

56-37  buyer, the drug and its quantity;

56-38  (e) A hospital pharmacy or a pharmacy so designated by a county health

56-39  officer in a county whose population is 100,000 or more, or by a district

56-40  health officer in any county within its jurisdiction or, in the absence of

56-41  either, by the state health officer or his designated medical director of

56-42  emergency medical services, to a person or agency described in subsection

56-43  3 of NRS 639.268 to stock ambulances or other authorized vehicles or

56-44  replenish the stock; or

56-45  (f) A pharmacy in a correctional institution to a person designated by

56-46  the director of the department of [prisons] corrections to administer a

56-47  lethal injection to a person who has been sentenced to death.

 

 

57-1    Sec. 104.  NRS 458.380 is hereby amended to read as follows:

57-2    458.380  1.  The commission on substance abuse education,

57-3  prevention, enforcement and treatment is hereby created within the

57-4  department of motor vehicles and public safety.

57-5    2.  The governor shall appoint as voting members of the commission:

57-6    (a) Three members who represent the criminal justice system and are

57-7  knowledgeable in the areas of the enforcement of laws relating to drugs,

57-8  parole and probation and the judicial system, at least one of whom is a

57-9  peace officer;

57-10  (b) Three members who represent education and are knowledgeable

57-11  about programs for the prevention of abuse of drugs and alcohol, at least

57-12  one of whom is a licensed employee of a local school district;

57-13  (c) Three members who represent programs and organizations for the

57-14  rehabilitation of persons who abuse drugs and alcohol, at least one of

57-15  whom is a manager of a program accredited by this state to treat persons

57-16  who abuse drugs and alcohol;

57-17  (d) One member who is employed by the health division and has

57-18  experience in matters concerning budgeting and experience in working

57-19  with the alcohol and drug abuse programs of the health division;

57-20  (e) One member who is employed by the division of mental health and

57-21  developmental services of the department of human resources who has

57-22  relevant experience, which may include, without limitation, experience in

57-23  matters concerning budgeting and experience in working with programs of

57-24  the division of mental health and developmental services of the department

57-25  of human resources;

57-26  (f) One member who represents the interests of private businesses

57-27  concerning substance abuse in the workplace; and

57-28  (g) Three members who represent the general public, one of whom is

57-29  the parent of a child who has a mental illness or who has or has had a

57-30  problem with substance abuse.

57-31  3.  At least three of the voting members of the commission must be

57-32  representatives of northern Nevada, three must be representatives of

57-33  southern Nevada and three must be representatives of rural Nevada.

57-34  4.  The legislative commission shall appoint one member of the senate

57-35  and one member of the assembly to serve as nonvoting members of the

57-36  commission. Those members must be appointed with appropriate regard

57-37  for their experience with and knowledge of matters relating to substance

57-38  abuse education, prevention, enforcement and treatment.

57-39  5.  The director of the department of human resources, the

57-40  superintendent of public instruction, the director of the department of

57-41  employment, training and rehabilitation, the director of the department of

57-42  [prisons,] corrections, the attorney general and the director of the

57-43  department of motor vehicles and public safety are ex officio nonvoting

57-44  members of the commission. An ex officio member may designate a

57-45  representative to serve in his place on the commission or to attend a

57-46  meeting of the commission in his place. Each ex officio member or his

57-47  representative shall attend each meeting of the commission and provide

57-48  any information which the commission requests.

58-1    6.  The term of office of each voting member of the commission is 2

58-2  years.

58-3    7.  The governor shall appoint one member who is not an elected

58-4  officer to serve as chairman of the commission.

58-5    8.  Each member of the commission is entitled to receive the per diem

58-6  allowance and travel expenses provided for state officers and employees

58-7  generally.

58-8    9.  Except during a regular or special session of the legislature, each

58-9  legislative member of the commission is entitled to receive the

58-10  compensation provided for a majority of the members of the legislature

58-11  during the first 60 days of the preceding regular session for each day or

58-12  portion of a day during which he attends a meeting of the commission or is

58-13  otherwise engaged in the business of the commission. The salaries and

58-14  expenses of the legislative members of the commission must be paid from

58-15  the legislative fund.

58-16  Sec. 105.  NRS 482.267 is hereby amended to read as follows:

58-17  482.267  The director shall utilize the facility for the production of

58-18  license plates which is located at the department of [prisons] corrections to

58-19  produce all license plates required by the department of motor vehicles and

58-20  public safety.

58-21  Sec. 106.  NRS 482.368 is hereby amended to read as follows:

58-22  482.368  1.  Except as otherwise provided in subsection 2, the

58-23  department shall provide suitable distinguishing license plates for exempt

58-24  vehicles. These plates must be displayed on the vehicles in the same

58-25  manner as provided for privately owned vehicles. The fee for the issuance

58-26  of the plates is $5. Any license plates authorized by this section must be

58-27  immediately returned to the department when the vehicle for which they

58-28  were issued ceases to be used exclusively for the purpose for which it was

58-29  exempted from the governmental services tax.

58-30  2.  License plates furnished for:

58-31  (a) Those vehicles which are maintained for and used by the governor

58-32  or under the authority and direction of the chief parole and probation

58-33  officer, the state contractors’ board and auditors, the state fire marshal, the

58-34  investigation division of the department and any authorized federal law

58-35  enforcement agency or law enforcement agency from another state;

58-36  (b) One vehicle used by the department of [prisons,] corrections, three

58-37  vehicles used by the division of wildlife of the state department of

58-38  conservation and natural resources, two vehicles used by the Caliente

58-39  youth center and four vehicles used by the Nevada youth training center;

58-40  (c) Vehicles of a city, county or the state, if authorized by the

58-41  department for the purposes of law enforcement or work related thereto or

58-42  such other purposes as are approved upon proper application and

58-43  justification; and

58-44  (d) Vehicles maintained for and used by investigators of the following:

58-45     (1) The state gaming control board;

58-46     (2) The state department of agriculture;

58-47     (3) The attorney general;

58-48     (4) City or county juvenile officers;

58-49     (5) District attorneys’ offices;

59-1      (6) Public administrators’ offices;

59-2      (7) Public guardians’ offices;

59-3      (8) Sheriffs’ offices;

59-4      (9) Police departments in the state; and

59-5      (10) The securities division of the office of the secretary of state,

59-6  must not bear any distinguishing mark which would serve to identify the

59-7  vehicles as owned by the state, county or city. These license plates must be

59-8  issued annually for $12 per plate or, if issued in sets, per set.

59-9    3.  The director may enter into agreements with departments of motor

59-10  vehicles of other states providing for exchanges of license plates of regular

59-11  series for vehicles maintained for and used by investigators of the law

59-12  enforcement agencies enumerated in paragraph (d) of subsection 2, subject

59-13  to all of the requirements imposed by that paragraph, except that the fee

59-14  required by that paragraph must not be charged.

59-15  4.  Applications for the licenses must be made through the head of the

59-16  department, board, bureau, commission, school district or irrigation

59-17  district, or through the chairman of the board of county commissioners of

59-18  the county or town or through the mayor of the city, owning or controlling

59-19  the vehicles, and no plate or plates may be issued until a certificate has

59-20  been filed with the department showing that the name of the department,

59-21  board, bureau, commission, county, city, town, school district or irrigation

59-22  district, as the case may be, and the words “For Official Use Only” have

59-23  been permanently and legibly affixed to each side of the vehicle, except

59-24  those vehicles enumerated in subsection 2.

59-25  5.  As used in this section, “exempt vehicle” means a vehicle exempt

59-26  from the governmental services tax, except a vehicle owned by the United

59-27  States.

59-28  6.  The department shall adopt regulations governing the use of all

59-29  license plates provided for in this section. Upon a finding by the

59-30  department of any violation of its regulations, it may revoke the violator’s

59-31  privilege of registering vehicles pursuant to this section.

59-32  Sec. 107.  NRS 484.3796 is hereby amended to read as follows:

59-33  484.3796  1.  Before sentencing an offender pursuant to NRS

59-34  484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall

59-35  require that the offender be evaluated to determine whether he is an abuser

59-36  of alcohol or drugs and whether he can be treated successfully for his

59-37  condition.

59-38  2.  The evaluation must be conducted by:

59-39  (a) An alcohol and drug abuse counselor who is licensed or certified

59-40  pursuant to chapter 641C of NRS to make such an evaluation;

59-41  (b) A physician who is certified to make such an evaluation by the

59-42  board of medical examiners; or

59-43  (c) A psychologist who is certified to make such an evaluation by the

59-44  board of psychological examiners.

59-45  3.  The alcohol and drug abuse counselor, physician or psychologist

59-46  who conducts the evaluation shall immediately forward the results of the

59-47  evaluation to the director of the department of [prisons.] corrections.

 

 

60-1    Sec. 108.  NRS 488.430 is hereby amended to read as follows:

60-2    488.430  1.  Before sentencing a defendant pursuant to NRS 488.420,

60-3  the court shall require that the defendant be evaluated to determine whether

60-4  he is an abuser of alcohol or drugs and whether he can be treated

60-5  successfully for his condition.

60-6    2.  The evaluation must be conducted by:

60-7    (a) An alcohol and drug abuse counselor who is licensed or certified

60-8  pursuant to chapter 641C of NRS to make such an evaluation;

60-9    (b) A physician who is certified to make such an evaluation by the

60-10  board of medical examiners; or

60-11  (c) A psychologist who is certified to make such an evaluation by the

60-12  board of psychological examiners.

60-13  3.  The alcohol and drug abuse counselor, physician or psychologist

60-14  who conducts the evaluation shall immediately forward the results of the

60-15  evaluation to the director of the department of [prisons.] corrections.

60-16  Sec. 109.  NRS 616B.028 is hereby amended to read as follows:

60-17  616B.028  1.  Any offender confined at the state prison, while

60-18  engaged in work in a prison industry or work program, whether the

60-19  program is operated by an institution of the department of [prisons,]

60-20  corrections, by contract with a public entity or by a private employer, is

60-21  entitled to coverage under the modified program of industrial insurance

60-22  established by regulations adopted by the division if the director of the

60-23  department of [prisons] corrections complies with the provisions of the

60-24  regulations, and coverage is approved by a private carrier.

60-25  2.  An offender is limited to the rights and remedies established by the

60-26  provisions of the modified program of industrial insurance established by

60-27  regulations adopted by the division. The offender is not entitled to any

60-28  rights and remedies established by the provisions of chapters 616A to 617,

60-29  inclusive, of NRS.

60-30  3.  The division shall, in cooperation with the department of [prisons]

60-31  corrections and the risk management division of the department of

60-32  administration, adopt regulations setting forth a modified program of

60-33  industrial insurance to provide offenders with industrial insurance against

60-34  personal injuries arising out of and in the course of their work in a prison

60-35  industry or work program.

60-36  Sec. 110.  NRS 617.135 is hereby amended to read as follows:

60-37  617.135  “Police officer” includes:

60-38  1.  A sheriff, deputy sheriff, officer of a metropolitan police department

60-39  or city policeman;

60-40  2.  A chief, inspector, supervisor, commercial officer or trooper of the

60-41  Nevada highway patrol;

60-42  3.  A chief, investigator or agent of the investigation division of the

60-43  department of motor vehicles and public safety;

60-44  4.  An officer or investigator of the section for the control of emissions

60-45  from vehicles of the motor vehicles branch of the department of motor

60-46  vehicles and public safety;

60-47  5.  An investigator of the division of compliance enforcement of the

60-48  motor vehicles branch of the department of motor vehicles and public

60-49  safety;

61-1    6.  A member of the police department of the University and

61-2  Community College System of Nevada;

61-3    7.  A:

61-4    (a) Uniformed employee of; or

61-5    (b) Forensic specialist employed by,

61-6  the department of [prisons] corrections whose position requires regular and

61-7  frequent contact with the offenders imprisoned and subjects the employee

61-8  to recall in emergencies;

61-9    8.  A parole and probation officer of the division of parole and

61-10  probation of the department of motor vehicles and public safety;

61-11  9.  A forensic specialist or correctional officer employed by the

61-12  division of mental health and development services of the department of

61-13  human resources at facilities for mentally disordered offenders; and

61-14  10.  The state fire marshal, his assistant and his deputies.

61-15  Sec. 111.  NRS 629.068 is hereby amended to read as follows:

61-16  629.068  1.  A provider of health care shall, upon request of the

61-17  director of the department of [prisons] corrections or his designee, provide

61-18  the department of [prisons] corrections with a complete copy of the health

61-19  care records of an offender confined at the state prison.

61-20  2.  Records provided to the department of [prisons] corrections must

61-21  not be used at any public hearing unless:

61-22  (a) The offender named in the records has consented in writing to their

61-23  use; or

61-24  (b) Appropriate procedures are utilized to protect the identity of the

61-25  offender from public disclosure.

61-26  3.  A provider of health care and an agent or employee of a provider of

61-27  health care are immune from civil liability for a disclosure made in

61-28  accordance with the provisions of this section.

61-29  Sec. 112.  NRS 630.272 is hereby amended to read as follows:

61-30  630.272  1.  A physician’s assistant employed at an institution of the

61-31  department of [prisons] corrections may give orders for treatments to a

61-32  nurse working at that institution for the treatment of a patient, including the

61-33  administration of a dangerous drug, poison or related device, if:

61-34  (a) The orders are given pursuant to a protocol approved by the board

61-35  and the supervising physician;

61-36  (b) The physician’s assistant has been awarded a bachelor’s degree from

61-37  a college or university recognized by the board; and

61-38  (c) The physician’s assistant has received at least 40 hours of instruction

61-39  regarding the prescription of medication as a part of either his basic

61-40  educational qualifications or a program of continuing education approved

61-41  by the board.

61-42  2.  This section does not authorize a physician’s assistant to give orders

61-43  for the administration of any controlled substance.

61-44  3.  For the purposes of this section, “treatments” means the use,

61-45  insertion or application of instruments, apparatus and contrivances,

61-46  including their components, parts and accessories, which do not require a

61-47  prescription for their use and are not included within “device” as defined in

61-48  NRS 585.070.

 

62-1    Sec. 113.  NRS 632.473 is hereby amended to read as follows:

62-2    632.473  1.  A nurse licensed pursuant to the provisions of this

62-3  chapter, while working at an institution of the department of [prisons,]

62-4  corrections, may treat patients, including the administration of a dangerous

62-5  drug, poison or related device, pursuant to orders given by a physician

62-6  assistant if those orders are given pursuant to a protocol approved by the

62-7  board of medical examiners and the supervising physician. The orders must

62-8  be cosigned by the supervising physician or another physician within 72

62-9  hours after treatment.

62-10  2.  A copy of the protocol under which orders are given by a physician

62-11  assistant must be available at the institution for review by the nurse.

62-12  3.  This section does not authorize a physician assistant to give orders

62-13  for the administration of any controlled substance.

62-14  4.  For the purposes of this section:

62-15  (a) “Physician assistant” means a physician assistant licensed by the

62-16  board of medical examiners pursuant to chapter 630 of NRS who:

62-17     (1) Is employed at an institution of the department of [prisons;]

62-18  corrections;

62-19     (2) Has been awarded a bachelor’s degree from a college or

62-20  university recognized by the board of medical examiners; and

62-21     (3) Has received at least 40 hours of instruction regarding the

62-22  prescription of medication as a part of either his basic educational

62-23  qualifications or a program of continuing education approved by the board

62-24  of medical examiners.

62-25  (b) “Protocol” means the written directions for the assessment and

62-26  management of specified medical conditions, including the drugs and

62-27  devices the physician assistant is authorized to order, which the physician

62-28  assistant and the supervision have agreed upon as a basis for their practice.

62-29  (c) “Supervising physician” has the meaning ascribed to it in NRS

62-30  630.025.

62-31  Sec. 114.  NRS 644.460 is hereby amended to read as follows:

62-32  644.460  1.  The following persons are exempt from the provisions of

62-33  this chapter:

62-34  (a) All persons authorized by the laws of this state to practice medicine,

62-35  dentistry, osteopathic medicine, chiropractic or podiatry.

62-36  (b) Commissioned medical officers of the United States Army, Navy, or

62-37  Marine Hospital Service when engaged in the actual performance of their

62-38  official duties, and attendants attached to those services.

62-39  (c) Barbers, insofar as their usual and ordinary vocation and profession

62-40  is concerned, when engaged in any of the following practices:

62-41     (1) Cleansing or singeing the hair of any person.

62-42     (2) Massaging, cleansing, stimulating, exercising or similar work

62-43  upon the scalp, face or neck of any person, with the hands or with

62-44  mechanical or electrical apparatus or appliances, or by the use of cosmetic

62-45  preparations, antiseptics, tonics, lotions or creams.

62-46  (d) Retailers, at a retail establishment, insofar as their usual and

62-47  ordinary vocation and profession is concerned, when engaged in the

62-48  demonstration of make-up if:

63-1      (1) The demonstration is without charge to the person to whom the

63-2  demonstration is given; and

63-3      (2) The retailer does not advertise or provide a cosmetological service

63-4  except make-up and fragrances.

63-5    (e) Photographers or their employees, insofar as their usual and ordinary

63-6  vocation and profession is concerned, if the photographer or his employee

63-7  does not advertise cosmetological services and provides cosmetics without

63-8  charge to the customer.

63-9    2.  Any school of cosmetology conducted as part of the vocational

63-10  rehabilitation training program of the department of [prisons] corrections

63-11  or the Caliente youth center:

63-12  (a) Is exempt from the requirements of paragraph (c) of subsection 2 of

63-13  NRS 644.400.

63-14  (b) Notwithstanding the provisions of NRS 644.395, shall maintain a

63-15  staff of at least one licensed instructor.

63-16  Sec. 115.  Sections 5 and 6 of Assembly Bill No. 110 of the 71st

63-17  session of the Nevada Legislature are hereby amended to read as follows:

63-18     Sec. 5.  NRS 6.020 is hereby amended to read as follows:

63-19     6.020  1.  [Upon] Except as otherwise provided in subsections 2

63-20  and 3 and section 2 of this act, upon satisfactory proof, made by

63-21  affidavit or otherwise, the following-named persons, and no others ,

63-22  [except as otherwise provided in subsections 2 and 3,] are exempt

63-23  from service as grand or trial jurors:

63-24     (a) Any federal or state officer.

63-25     (b) Any judge, justice of the peace or attorney at law.

63-26     (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff,

63-27  constable or police officer.

63-28     (d) Any locomotive engineer, locomotive fireman, conductor,

63-29  brakeman, switchman or engine foreman.

63-30     (e) Any officer or correctional officer employed by the department

63-31  of corrections.

63-32     (f) Any employee of the legislature or the legislative counsel

63-33  bureau while the legislature is in session.

63-34     (g) Any physician, optometrist or dentist who is licensed to

63-35  practice in this state.

63-36     (h) Any person who has a fictitious address pursuant to NRS

63-37  217.462 to 217.471, inclusive.

63-38     2.  All persons of the age of 70 years or over are exempt from

63-39  serving as grand or trial jurors. Whenever it appears to the satisfaction

63-40  of the court, by affidavit or otherwise, that a juror is over the age of 70

63-41  years, the court shall order the juror excused from all service as a

63-42  grand or trial juror, if the juror so desires.

63-43     3.  A person who is the age of 65 years or over who lives 65 miles

63-44  or more from the court is exempt from serving as a grand or trial

63-45  juror. Whenever it appears to the satisfaction of the court, by affidavit

63-46  or otherwise, that a juror is the age of 65 years or over and lives 65

63-47  miles or more from the court, the court shall order the juror excused

63-48  from all service as a grand or trial juror, if the juror so desires.

64-1      Sec. 6.  1.  This section and sections 1 to 4, inclusive, of this act

64-2  become effective on July 1, 2001.

64-3      2.  Section 5 of this act becomes effective at 12:01 a.m. on July 1,

64-4  2001.

64-5  Sec. 116.  Section 24 of Assembly Bill No. 551 of the 71st session of

64-6  the Nevada Legislature is hereby amended to read as follows:

64-7      Sec. 24.  NRS 644.460 is hereby amended to read as follows:

64-8      644.460  1.  The following persons are exempt from the

64-9  provisions of this chapter:

64-10     (a) All persons authorized by the laws of this state to practice

64-11  medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

64-12     (b) Commissioned medical officers of the United States Army,

64-13  Navy, or Marine Hospital Service when engaged in the actual

64-14  performance of their official duties, and attendants attached to those

64-15  services.

64-16     (c) Barbers, insofar as their usual and ordinary vocation and

64-17  profession is concerned, when engaged in any of the following

64-18  practices:

64-19        (1) Cleansing or singeing the hair of any person.

64-20        (2) Massaging, cleansing, stimulating, exercising or similar

64-21  work upon the scalp, face or neck of any person, with the hands or

64-22  with mechanical or electrical apparatus or appliances, or by the use of

64-23  cosmetic preparations, antiseptics, tonics, lotions or creams.

64-24     (d) Retailers, at a retail establishment, insofar as their usual and

64-25  ordinary vocation and profession is concerned, when engaged in the

64-26  demonstration of [make-up] cosmetics if:

64-27        (1) The demonstration is without charge to the person to whom

64-28  the demonstration is given; and

64-29        (2) The retailer does not advertise or provide a cosmetological

64-30  service except [make-up] cosmetics and fragrances.

64-31     (e) Photographers or their employees, insofar as their usual and

64-32  ordinary vocation and profession is concerned, if the photographer or

64-33  his employee does not advertise cosmetological services and provides

64-34  cosmetics without charge to the customer.

64-35     2.  Any school of cosmetology conducted as part of the vocational

64-36  rehabilitation training program of the department of corrections or the

64-37  Caliente youth center:

64-38     (a) Is exempt from the requirements of paragraph (c) of subsection

64-39  2 of NRS 644.400.

64-40     (b) Notwithstanding the provisions of NRS 644.395, shall maintain

64-41  a staff of at least one licensed instructor.

64-42  Sec. 117.  Section 11 of Senate Bill No. 52 of the 71st session of the

64-43  Nevada Legislature is hereby amended to read as follows:

64-44     Sec. 11. NRS 453.377 is hereby amended to read as follows:

64-45     453.377  A controlled substance may be dispensed by:

64-46     1.  A registered pharmacist upon a legal prescription from a

64-47  practitioner or to a pharmacy in a correctional institution upon the

64-48  written order of the prescribing practitioner in charge.

65-1      2.  A pharmacy in a correctional institution, in case of emergency,

65-2  upon a written order signed by the chief medical officer.

65-3      3.  A practitioner.

65-4      4.  A registered nurse, when the state, county, city or district

65-5  health officer has declared a state of emergency.

65-6      5.  A medical intern in the course of his internship.

65-7      6.  [An advanced practitioner of nursing who holds a certificate

65-8  from the state board of nursing and a certificate from the state board

65-9  of pharmacy permitting him to dispense controlled substances.

65-10     7.] A pharmacy in an institution of the department of corrections

65-11  to a person designated by the director of the department of corrections

65-12  to administer a lethal injection to a person who has been sentenced to

65-13  death.

65-14     [8.] 7.  A registered pharmacist from an institutional pharmacy,

65-15  pursuant to regulations adopted by the board.

65-16  Sec. 118.  Section 91 of Senate Bill No. 91 of the 71st session of the

65-17  Nevada Legislature is hereby amended to read as follows:

65-18     Sec. 91.  1.  NRS 630.274, 640B.010, 640B.020, 640B.030,

65-19  640B.040, 640B.050,   640B.080, 640B.100, 640B.110 and 640B.150

65-20  are hereby repealed.

65-21     2.  NRS 630.256 and 630.272 are hereby repealed.

65-22  Sec. 119.  The legislative counsel shall:

65-23  1.  In preparing the reprint and supplements to the Nevada Revised

65-24  Statutes, appropriately change any references to an officer, agency or other

65-25  entity whose name is changed or whose responsibilities are transferred

65-26  pursuant to the provisions of this act to refer to the appropriate officer,

65-27  agency or other entity.

65-28  2.  In preparing supplements to the Nevada Administrative Code,

65-29  appropriately change any references to an officer, agency or other entity

65-30  whose name is changed or whose responsibilities are transferred pursuant

65-31  to the provisions of this act to refer to the appropriate officer, agency or

65-32  other entity.

65-33  Sec. 120.  1.  This section and sections 1 to 86, inclusive, 88 to 101,

65-34  inclusive, 104, 105, 107, 108, 109, 111, 112 and 114 to 119, inclusive, of

65-35  this act become effective on July 1, 2001.

65-36  2.  Sections 102, 103, 106, 110 and 113 of this act become effective at

65-37  12:01 a.m. on July 1, 2001.

65-38  3.  Section 86 of this act expires by limitation on July 1, 2009.

65-39  4.  Section 87 of this act becomes effective on July 2, 2009.

 

65-40  H