SB4_EN

Senate Bill No. 4–Joint Rules Committee

CHAPTER..........

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:

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

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

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

system for offender management, to be implemented in each institution

and facility of the department, which consists of structured living

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

levels of custody, security and privileges and opportunities for offenders

based upon the assessed needs of the offenders as determined by their

initial and ongoing classification and evaluation.

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

institution and facility of the department, a program of facility training

for the correctional staff.

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

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

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

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

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

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

created.

2. The head of the department is the board of state prison

commissioners.

3. The governor is the president of the board. The secretary of state is

the secretary of the board.

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

transaction of business.

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

transactions and proceedings of the board.

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

209.136 The director of the department [of prisons] shall notify the

senate standing committee on finance and the assembly standing

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

legislature and the interim finance committee when the legislature is not in

session of any:

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

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

amount budgeted for that purpose by the legislature; and

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

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

209.151 1. The director shall appoint an assistant director for

industrial programs who:

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

vocational and agricultural programs for the employment of offenders,

except conservation camps and centers for the purpose of making

restitution; and

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

to industrial, vocational and agricultural programs.

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

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

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

except for purposes of retention.

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

director or a warden to act as director of the department without increase

in salary.

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

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

gainful employment or occupation.

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

209.153 The assistant director for industrial programs appointed

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

retirement benefits as police officers and firemen employed by public

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

governing the retirement benefits of police officers and firemen apply to

the assistant director [.] for industrial programs.

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

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

department of [prisons] corrections or the division of forestry of the state

department of conservation and natural resources at the Southern Nevada

Correctional Center, the Southern Desert Correctional Center, the Indian

Springs Conservation Camp, the correctional institution identified as the

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

478, Statutes of Nevada 1997, or the Jean Conservation Camp is entitled

to receive, as compensation for travel expenses, not more than $7.50 for

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

respective facility. The total cost for compensation for travel expenses

authorized by this section must not exceed the amount specially

appropriated for this purpose.

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

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

enterprise fund to receive all revenues derived from programs for

vocational training and employment of offenders and the operation of the

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

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

the institutions or facilities of the department . [of prisons.]

2. Money in the fund must be maintained in separate budgetary

accounts, including at least one account for industrial programs and one

for the prison farm.

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

may expend money deposited in this fund for the promotion and

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

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

coverage of offenders under the modified program of industrial insurance

adopted pursuant to NRS 616B.028.

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

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

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

or equipment within the institutions or facilities of the department or for

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

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

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

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

fraction thereof from the date on which the money became due until the

date of payment.

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

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

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

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

account must not exceed $600,000. Money in the account may be

expended only for the payment of transactions involving offenders’ trust

funds.

2. Payments made from the account for disbursements to offenders

must be promptly reimbursed from money in the appropriate fund on

deposit with the state treasurer.

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

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

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

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

the day scheduled for his appearance.

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

department shall transport the offender to court on the date scheduled for

his appearance if it is possible to transport the offender in the usual

manner for the transportation of offenders by the department. If it is not

possible for the department to transport the offender in the usual manner:

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

scheduled for his appearance to provide testimony by telephone or by

video, if so requested by the court.

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

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

special transportation, it shall order the county in which the court is

located to reimburse the department for any cost incurred for the special

transportation.

and from the court at the expense of the county.

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

209.382 1. The state health officer shall periodically examine and

shall report to the board semiannually upon the following operations of the

department : [of prisons:]

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

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

of NRS.

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

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

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

institutions and facilities.

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

reported [under] pursuant to subsection 1.

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

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

shall assign an offender to the custody of the division of parole and

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

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

than the remainder of the maximum term of his sentence if:

(a) The offender has:

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

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

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

confinement and to meet any existing obligation for restitution to any

victim of his crime;

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

treatment required under the program of treatment established pursuant to

NRS 209.425; and

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

confinement; and

(2) Complete successfully the remainder of the program of treatment

while under residential confinement.

If an offender assigned to the program of treatment pursuant to NRS

209.427, completes the initial phase of the program and thereafter refuses

to enter the remainder of the program of treatment pursuant to this section,

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

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

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

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

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

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

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

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

parole and probation a signed document stating that:

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

confinement; and

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

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

his rights relating to extradition proceedings.

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

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

conditions of his residential confinement:

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

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

department . [of prisons.]

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

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

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

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

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

considers proper. The decision of the director regarding forfeiture of

credits is final.

4. The assignment of an offender to the custody of the division of

parole and probation pursuant to this section shall be deemed:

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

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

department , [of prisons,]

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

participate in any programs provided to offenders in the custody of the

department . [of prisons.]

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

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

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

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

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

of action against the state, its political subdivisions, agencies, boards,

commissions, departments, officers or employees.

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

for committing a battery which constitutes domestic violence pursuant to

NRS 33.018 to the custody of the division of parole and probation to serve

a term of residential confinement unless the director makes a finding that

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

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

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

or facility of minimum security if the prisoner:

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

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

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

institution or facility of the department ; [of prisons;]

orderly manner;

(d) Has been convicted of a sexual offense;

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

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

department . [of prisons.]

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

and selecting qualified prisoners.

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

209.4813 1. The advisory board on industrial programs is hereby

created.

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

prisons,] the chief of the purchasing division of the department of

administration and eight members appointed by the interim finance

committee as follows:

(a) Two members of the senate.

(b) Two members of the assembly.

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

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

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

among their membership.

4. Each member of the advisory board appointed by the interim

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

reappointed.

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

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

compensation provided for a majority of the members of the legislature

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

portion of a day during which he attends a meeting of the advisory board

or is otherwise engaged in the work of the advisory board. Each

nonlegislative member appointed by the interim finance committee is

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

the same amount and manner as the legislative members whether or not

the legislature is in session. Each nonlegislative member of the advisory

board is entitled to receive the per diem allowance and travel expenses

provided for state officers and employees generally. Each legislator who is

a member of the advisory board is entitled to receive the per diem

allowance provided for state officers and employees generally and the

travel expenses provided pursuant to NRS 218.2207. All compensation,

allowances and travel expenses must be paid from the fund for prison

industries.

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

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

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

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

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

training or education, or for any other purpose for which release is

authorized; or

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

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

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

victim of the offender who has requested notification and has provided his

current address.

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

caused by his failure to give any notice required pursuant to subsection 1

or 2 if no address was provided to the director or the address provided is

inaccurate or not current.

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

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

director pursuant to this section is confidential.

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

NRS 213.005.

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

211.040 1. Payment of expenses and the method of transporting a

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

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

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

the sheriff shall provide the director of the department of [prisons]

corrections with a written report pertaining to the medical, psychiatric,

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

based upon observations of the prisoner while confined in the county jail

and must note in particular any medication or medical treatment

administered in the jail, including the type, dosage and frequency of

administration.

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

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

his county to whatever place of imprisonment the sentence of the court

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

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

charges and expenses of the prisoner or prisoners, and of the officer or

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

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

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

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

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

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

of the department of [prisons,] corrections, the director of the department

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

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

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

any city in this state, to arrest the prisoner and return him to the director.

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

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

responsible for the operation of the facility may issue a warrant for the

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

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

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

the prisoner and return him to the officer who issued the warrant.

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

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

incompetency or other official delinquency of the director or other officers

of the department of [prisons,] corrections, all expenses of enforcing the

provisions of NRS 212.030 or appertaining to the recapture and return of

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

reserve for statutory contingency account upon approval by the state board

of examiners.

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

enforcing the provisions of NRS 212.030 or appertaining to the recapture

and return of escaped convicts are a charge against the county, city or

other local government responsible for the operation of that facility.

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

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

with, any prisoner convicted of or charged with any felony, imprisoned in

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

attorney, or the district attorney, unless the person has a written permission

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

the department of [prisons] corrections or the constable or sheriff having

such prisoner in charge.

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

violation of this section is guilty of a gross misdemeanor.

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

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

furnishes, attempts to furnish, or aids or assists in furnishing or attempting

to furnish to a prisoner confined in an institution of the department of

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

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

explosive, a facsimile of a firearm or an explosive, any controlled

substance or intoxicating liquor, shall be punished:

(a) Where a deadly weapon, controlled substance, explosive or a

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

imprisonment in the state prison for a minimum term of not less than 1

year and a maximum term of not more than 6 years, and may be further

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

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

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

explosive, facsimile of a firearm or explosive, controlled substance or

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

within the meaning of this section, the furnishing of the article to the

prisoner.

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

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

assigned by the director of the department, who possesses a controlled

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

shall be punished as provided in NRS 193.130.

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

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

alcoholic beverages at that address before July 1, 1983, to sell by

wholesale or retail any alcoholic beverage within one-half mile of any

institution under the jurisdiction of the department of [prisons] corrections

which is designed to house 125 or more offenders within a secure

perimeter, and no license may be granted authorizing the sale of any

alcoholic beverage within one-half mile of such an institution.

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

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

remitted, or a punishment commuted, or a pardon granted, or someone in

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

application, specifying therein:

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

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

punishment;

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

and

(e) The time when it will be presented.

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

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

fourth copy must be served upon the director of the department of

[prisons] corrections and the original must be filed with the clerk of the

board. In cases of fines and forfeitures a similar notice must also be served

on the chairman of the board of county commissioners of the county

wherein the conviction was had.

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

days before the presentation of the application, unless a member of the

board, for good cause, prescribes a shorter time.

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

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

served upon the director of the department of [prisons] corrections or

other officer having the person in custody, an order to discharge him

therefrom upon a day to be named in the order, upon the conditions,

limitations or restrictions named therein.

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

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

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

program of orientation that:

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

term; and

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

serve as a case hearing representative pursuant to NRS 213.135 shall

attend upon being named to the list. A person named to the list may not

serve as a case hearing representative until the person completes the

program of orientation.

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

training. The information presented during the program of orientation

must include, but is not limited to:

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

reasons for using parole within the criminal justice system;

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

system;

representatives;

(d) The goals and objectives of the board;

(e) The programs administered by the board;

(f) The policies and procedures of the board; and

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

for granting, denying, revoking and continuing parole.

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

continuing education of members of the board and case hearing

representatives. The plan must require that:

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

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

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

of courses for continuing education during each year that the

representative is on the list of persons eligible to serve as a case hearing

representative.

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

the requirement for continuing education by successfully completing

courses in any combination of the following subjects:

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

system;

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

problems;

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

(e) Correctional policies and programs, including programs for the

treatment of prisoners and parolees;

(f) Alternative punishments for disobedience;

(g) The selection of prisoners for parole;

(h) The supervision of parolees;

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

offenders;

(j) Problems related to gangs;

(k) The abuse of alcohol and drugs;

(l) The acquired immune deficiency syndrome;

(m) Domestic violence; and

(n) Mental illness and mental retardation.

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

the expenses of members of the board and case hearing representatives

attending courses for continuing education.

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

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

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

otherwise eligible for parole pursuant to NRS 213.107 to 213.157,

inclusive.

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

shall consider:

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

and remain at liberty without violating the laws;

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

the prisoner;

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

recommendation, if any, of the chief; and

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

to NRS 213.130.

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

sentence of imprisonment, he remains subject to the jurisdiction of the

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

chapter until the expiration of the maximum term of imprisonment

imposed by the court less any credits earned to reduce his sentence

pursuant to chapter 209 of NRS.

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

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

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

that the prisoner has served at least 20 consecutive years in the state

prison,

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

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

history of:

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

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

corrections;

(b) Repetitive criminal conduct;

(d) Repetitive sexual deviance, violence or aggression; or

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

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

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

eligible for release pursuant to NRS 213.1215.

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

offense listed in NRS 179D.410 until the law enforcement agency in

whose jurisdiction the offender will be released on parole has been

provided an opportunity to give the notice required by the attorney general

pursuant to NRS 179D.600 to 179D.800, inclusive.

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

213.115 Notwithstanding the provisions of any other law, any prisoner

may be released conditionally on parole at the request of the appropriate

authority of another jurisdiction for prosecution for any crime of a

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

determined by the severity of the sentences for the two crimes. If after

such conditional parole and prosecution by another jurisdiction the

prisoner is found not guilty of the crime as charged he must, pursuant to

the board’s written order, be returned to the actual custody of the

department of [prisons] corrections and shall serve such part of the

unexpired term of his original sentence as may be determined by the

board.

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

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

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

(a) The administrator of the division of mental health and

developmental services of the department of human resources or his

designee;

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

designee; and

licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an

institution of the department of [prisons] corrections and is not a menace

to the health, safety or morals of others.

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

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

corrections may not be paroled unless a panel recertifies him in the

manner set forth in subsection 1.

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

pursuant to subsection 1 at any time.

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

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

the state, its political subdivisions, agencies, boards, commissions,

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

prisoner before a panel for certification pursuant to this section.

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

of the following offenses:

(a) Sexual assault pursuant to NRS 200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

200.400.

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

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

200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

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

crime against nature pursuant to NRS 201.195.

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

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

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

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

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

inclusive.

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

motivated pursuant to NRS 207.193.

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

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

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

prison is eligible to be considered for parole;

(b) Notify the state board of parole commissioners of the eligibility of

the prisoner to be considered for parole; and

provide to the board data that will assist the board in determining whether

parole should be granted.

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

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

against a victim and which resulted in bodily harm to a victim and if

original or duplicate photographs that depict the injuries of the victim or

the scene of the crime were admitted at the trial of the prisoner or were

part of the report of the presentence investigation and are reasonably

available, a representative sample of such photographs must be included

with the information submitted to the board at the meeting. A prisoner

may not bring a cause of action against the State of Nevada, its political

subdivisions, agencies, boards, commissions, departments, officers or

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

failing to take any action pursuant to this subsection, including, without

limitation, failing to include photographs or including only certain

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

digital or other photographic image.

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

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

must be open to the public.

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

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

victim of the prisoner who is being considered for parole of the date of the

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

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

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

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

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

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

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

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

to or otherwise known by the board, the board must not be held

responsible if such notification is not received by the victim.

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

consider a prisoner for parole.

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

convenient rooms or space for use of the board.

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

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

concerning the parole of the prisoner, notify the victim of its final

decision.

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

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

board pursuant to this section is confidential.

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

to it in NRS 213.005.

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

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

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

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

conducted to determine whether there is probable cause to believe that he

has committed acts that would constitute such a violation.

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

(a) Is not directly involved in the case;

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

but he need not be a judicial officer.

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

held at or reasonably near the place of the alleged violation or the arrest

and within 15 working days after the arrest.

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

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

prisoner is on parole constitutes probable cause for the purposes of

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

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

administer oaths.

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

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

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

consideration of the case and pending the next meeting of the board:

(a) Release the arrested parolee again upon parole;

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

accordance with the provisions of NRS 213.15193, 213.15195 and

213.15198; or

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

appropriate within:

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

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

state and is under supervision in this state pursuant to NRS 213.180 to

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

retaken by an officer of the sending state.

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

continued detention of a paroled prisoner, the board shall consider the

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

department of [prisons] corrections or his placement in residential

confinement pursuant to subsection 1.

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

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

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

release on parole, in the discretion of the board.

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

violation and notice to the parolee.

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

considers proper.

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

the department of [prisons] corrections any forfeiture or restoration of

credits pursuant to this section.

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

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

and administer a program of work release under which a person sentenced

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

granted the privilege of leaving secure custody during necessary and

reasonable hours to:

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

approved by the director of the department for that purpose.

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

technical and general education.

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

seeking employment in this state.

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

offenders enrolled in the program.

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

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

shall, by appropriate means of classification and selection, determine

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

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

imprisonment who are not eligible for parole and those imprisoned for

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

designated board as eligible for parole.

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

determines to be eligible for the program.

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

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

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

unless:

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

program for general education; or

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

eligibility should be waived under the circumstances with respect to a

particular offender.

2. An offender whose:

(a) Native language is not English;

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

level of literacy designated by the board of state prison commissioners in

its regulations; and

literacy designated by the board of state prison commissioners in its

regulations,

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

regularly attending and making satisfactory progress in a course which

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

determines that the limitation on eligibility should be waived under the

circumstances with respect to a particular offender.

3. Upon written documentation that an illiterate offender has a

developmental, learning or other similar disability which affects his ability

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

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

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

(b) Exempt the offender from the required participation in an

educational program prescribed by this section.

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

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

equivalency diploma; or

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

obtaining additional education in this state.

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

and write that is below the level of literacy designated by the board of

state prison commissioners in its regulations.

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

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

shall administer the program of work release and shall:

(a) Locate employment for qualified applicants;

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

program.

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

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

3. The director shall adopt rules for administering the program.

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

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

may contract with the governing bodies of political subdivisions in this

state for quartering in suitable local facilities the offenders enrolled in

programs of work release. Each such facility must satisfy standards

established by the director to assure secure custody of offenders quartered

therein.

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

release unless he has determined that suitable facilities for quartering the

offender are available in the locality where the offender has employment

or the offer of employment.

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

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

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

corrections while he is:

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

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

returning therefrom.

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

in an institution of the department of [prisons.] corrections.

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

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

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

work release and transfer him to an institution of the department of

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

the offender require such action.

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

employment or his designated quarters without a reason acceptable to the

director, the offender’s absence:

(a) Immediately terminates his enrollment in the program.

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

punished as provided in NRS 212.090.

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

213.390 The chief parole and probation officer shall:

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

conditions of his residential confinement;

2. Instruct the offender regarding those terms and conditions; and

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

violation of those terms and conditions and of the escape of the offender.

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

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

otherwise violated the terms or conditions of his residential confinement,

the division shall conduct an inquiry to determine whether the offender has

committed acts that would constitute such an escape or violation.

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

[prisons] corrections pending the completion of the inquiry conducted by

the division pursuant to the provisions of this section.

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

(a) Is not directly involved in the case;

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

the department of [prisons.] corrections.

4. The inquiring officer shall:

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

alleged to constitute his escape or violation of a term or condition of his

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

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

probation officer his findings and recommendation regarding the

disposition of the custody of the offender.

5. After considering the findings and recommendation of the inquiring

officer, the chief parole and probation officer shall determine the

disposition of the custody of the offender. The decision of the chief parole

and probation officer is final.

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

custody of the department of [prisons,] corrections, the division shall

provide the offender with a copy of the findings of the inquiring officer.

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

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

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

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

(a) Any federal or state officer.

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

constable or police officer.

(d) Any locomotive engineer, locomotive fireman, conductor,

brakeman, switchman or engine foreman.

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

[prisons.] corrections.

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

while the legislature is in session.

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

this state.

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

217.471, inclusive.

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

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

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

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

juror so desires.

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

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

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

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

more from the court, the court shall order the juror excused from all

service as a grand or trial juror, if the juror so desires.

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

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

appropriate modifications if the petition is filed in the supreme court:

Case No.................

Dept. No................

IN THE ............... JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF..............

..............................

Petitioner,

v.PETITION FOR WRIT

OF HABEAS CORPUS

(POST-CONVICTION)

..............................

Respondent.

INSTRUCTIONS:

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

the petitioner and verified.

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

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

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

submitted, they should be submitted in the form of a separate

memorandum.

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

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

authorized officer at the prison complete the certificate as to the amount of

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

institution.

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

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

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

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

name the director of the department of [prisons.] corrections.

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

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

this petition may preclude you from filing future petitions challenging

your conviction and sentence.

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

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

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

dismissed. If your petition contains a claim of ineffective assistance of

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

the proceeding in which you claim your counsel was ineffective.

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

be filed with the clerk of the state district court for the county in which

you were convicted. One copy must be mailed to the respondent, one copy

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

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

challenging your original conviction or sentence. Copies must conform in

all particulars to the original submitted for filing.

PETITION

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

imprisoned or where and how you are presently restrained of your

liberty: .................................

............................................

2. Name and location of court which entered the judgment of

conviction under attack: .......

............................................

3. Date of judgment of conviction: ...........................

4. Case number: ................

5. (a) Length of sentence: ..

............................................

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

scheduled: ...........................

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

conviction under attack in this motion? Yes ........ No ........

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

............................................

7. Nature of offense involved in conviction being challenged: ...........................

............................................

8. What was your plea? (check one)

(a) Not guilty ........

(b) Guilty ........

(d) Nolo contendere ........

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

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

of an indictment or information, or if a plea of guilty or guilty but mentally

ill was negotiated, give details:

............................................

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

made by: (check one)

(a) Jury ........

(b) Judge without a jury ........

11. Did you testify at the trial? Yes ........ No ........

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

No ........

13. If you did appeal, answer the following:

(a) Name of court: .............

(b) Case number or citation:

(d) Date of result: ...............

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

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

............................................

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

and sentence, have you previously filed any petitions, applications

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

Yes ........ No ........

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

information: .........................

(a)(1) Name of court: .........

(2) Nature of proceeding:

............................................

(3) Grounds raised: .........

............................................

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

application or motion? Yes ........ No ........

(5) Result: .......................

(6) Date of result: ............

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

entered pursuant to such result:

............................................

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

information:

(1) Name of court: ..........

(2) Nature of proceeding:

(3) Grounds raised: .........

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

application or motion? Yes ........ No ........

(5) Result: .......................

(6) Date of result: ............

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

entered pursuant to such result:

............................................

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

attach.

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

jurisdiction, the result or action taken on any petition, application or

motion?

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

Citation or date of decision: ..............................

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

Citation or date of decision: ..............................

(3) Third or subsequent petitions, applications or motions?

Yes ....... No ........

Citation or date of decision: ..............................

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

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

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

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

response may not exceed five handwritten or typewritten pages in

length.) ................................

............................................

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

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

motion, application or any other post-conviction proceeding? If so,

identify:

(a) Which of the grounds is the same: ..............................

............................................

(b) The proceedings in which these grounds were raised:

............................................

relate specific facts in response to this question. Your response may be

included on paper which is 8 1/2 by 11 inches attached to the petition.

Your response may not exceed five handwritten or typewritten pages in

length.) ...............................

............................................

18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed

on any additional pages you have attached, were not previously presented

in any other court, state or federal, list briefly what grounds were not so

presented, and give your reasons for not presenting them. (You must relate

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

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

Your response may not exceed five handwritten or typewritten pages in

length.) ...............................

............................................

19. Are you filing this petition more than 1 year following the filing of

the judgment of conviction or the filing of a decision on direct appeal? If

so, state briefly the reasons for the delay. (You must relate specific facts in

response to this question. Your response may be included on paper which

is 8 1/2 by 11 inches attached to the petition. Your response may not

exceed five handwritten or typewritten pages in length.) ..

............................................

20. Do you have any petition or appeal now pending in any court,

either state or federal, as to the judgment under attack? Yes ........ No ........

If yes, state what court and the case number: ..................

............................................

21. Give the name of each attorney who represented you in the

proceeding resulting in your conviction and on direct appeal: .................................

............................................

22. Do you have any future sentences to serve after you complete the

sentence imposed by the judgment under attack? Yes ........ No ........

If yes, specify where and when it is to be served, if you know: ..................................

............................................

23. State concisely every ground on which you claim that you are

being held unlawfully. Summarize briefly the facts supporting each

ground. If necessary you may attach pages stating additional grounds and

facts supporting same.

(a) Ground one: .................

............................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): ...................................

............................................

(b) Ground two: ................

............................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): ...................................

............................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): ...................................

............................................

(d) Ground four: ................

............................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): ...................................

............................................

WHEREFORE, petitioner prays that the court grant petitioner relief to

which he may be entitled in this proceeding.

EXECUTED at ................... on the ....... day of the month of ....... of the

year .......

Signature of petitioner

Address

.....................................

Signature of attorney (if any)

.....................................

Attorney for petitioner

.....................................

Address

VERIFICATION

Under penalty of perjury, the undersigned declares that he is the

petitioner named in the foregoing petition and knows the contents thereof;

that the pleading is true of his own knowledge, except as to those matters

stated on information and belief, and as to such matters he believes them

to be true.

Petitioner

Attorney for petitioner

CERTIFICATE OF SERVICE BY MAIL

I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on

this ........ day of the month of ........ of the year ........, I mailed a true and

correct copy of the foregoing PETITION FOR WRIT OF HABEAS

CORPUS addressed to:

.............

Respondent prison or jail official

.............

Address

.............

Attorney General

Heroes’ Memorial Building

Capitol Complex

Carson City, Nevada 89710

.............

District Attorney of County of Conviction

.............

Address

.............

Signature of Petitioner

Sec. 46. NRS 41.0307 is hereby amended to read as follows:

41.0307 As used in NRS 41.0305 to 41.039, inclusive:

1. “Employee” includes an employee of a:

(a) Part-time or full-time board, commission or similar body of the state

or a political subdivision of the state which is created by law.

(b) Charter school.

2. “Employment” includes any services performed by an immune

contractor.

3. “Immune contractor” means any natural person, professional

corporation or professional association which:

(a) Is an independent contractor with the state pursuant to NRS 284.173;

and

(b) Contracts to provide medical services for the department of

[prisons.] corrections.

As used in this subsection, “professional corporation” and “professional

association” have the meanings ascribed to them in NRS 89.020.

4. “Public officer” or “officer” includes:

(a) A member of a part-time or full-time board, commission or similar

body of the state or a political subdivision of the state which is created by

law.

(b) A public defender and any deputy or assistant attorney of a public

defender or an attorney appointed to defend a person for a limited duration

with limited jurisdiction.

attorney appointed to prosecute a person for a limited duration with

limited jurisdiction.

Sec. 47. NRS 41.0322 is hereby amended to read as follows:

41.0322 1. A person who is or was in the custody of the department

of [prisons] corrections may not proceed with any action against the

department or any of its agents, former officers, employees or contractors

to recover compensation for the loss of his personal property, property

damage, personal injuries or any other claim arising out of a tort pursuant

to NRS 41.031 unless the person has exhausted his administrative

remedies provided by NRS 209.243 and the regulations adopted pursuant

thereto.

2. The filing of an administrative claim pursuant to NRS 209.243 is

not a condition precedent to the filing of an action pursuant to NRS

41.031.

3. An action filed by a person in accordance with this section before

the exhaustion of his administrative remedies must be stayed by the court

in which the action is filed until the administrative remedies are exhausted.

The court shall dismiss the action if the person has not timely filed his

administrative claim pursuant to NRS 209.243.

4. If a person has exhausted his administrative remedies and has filed

and is proceeding with a civil action to recover compensation for the loss

of his personal property, property damage, personal injuries or any other

claim arising out of a tort, the office of the attorney general must initiate

and conduct all negotiations for settlement relating to that action.

Sec. 48. NRS 50.215 is hereby amended to read as follows:

50.215 1. A person imprisoned in the state prison or in a county jail

may be examined as a witness in the district court pursuant to this section.

The examination may only be made on motion of a party upon affidavit

showing the nature of the action or proceeding, the testimony expected

from the witness, and its materiality.

2. In a civil action, if the witness is imprisoned in the county where the

action or proceeding is pending, his production may be required by the

court or judge. In all other cases his examination, when allowed, must be

taken upon deposition.

3. In a criminal action, an order for that purpose may be made by the

district court or district judge, at chambers, and executed by the sheriff of

the county where the action is pending. Except as otherwise provided by

NRS 209.274, the judge may order the sheriff to bring the prisoner before

the court at the expense of the state or at the expense of the defendant.

4. If a person imprisoned in the state prison is required or requested to

appear as a witness in any action, the department of [prisons] corrections

must be notified in writing:

(a) Not less than 7 business days before the date scheduled for his

appearance in court if the offender is incarcerated:

(1) In a prison located not more than 65 miles from Carson City;

(2) In a prison located not more than 40 miles from Las Vegas; or

(3) In a prison located not more than 95 miles from Ely.

(b) Not less than 14 business days before the date scheduled for his

appearance in court if the offender is incarcerated in a prison which is

located at a distance which exceeds those specified in paragraph (a).

Sec. 49. NRS 176.0127 is hereby amended to read as follows:

176.0127 1. The department of [prisons] corrections shall:

(a) Provide the commission with any available statistical information or

research requested by the commission and assist the commission in the

compilation and development of information requested by the

commission, including, but not limited to, information or research

concerning the facilities and institutions of the department of [prisons,]

corrections, the offenders who are or were within those facilities or

institutions and the sentences which are being served or were served by

those offenders;

(b) If requested by the commission, make available to the commission

the use of the computers and programs which are owned by the

department of [prisons;] corrections; and

administration pursuant to NRS 176.0129 with any available statistical

information requested by the independent contractor for the purpose of

performing the projections required by NRS 176.0129.

2. The division shall:

(a) Provide the commission with any available statistical information or

research requested by the commission and assist the commission in the

compilation and development of information concerning sentencing,

probation, parole and any offenders who are or were subject to supervision

by the division;

(b) If requested by the commission, make available to the commission

the use of the computers and programs which are owned by the division;

and

administration pursuant to NRS 176.0129 with any available statistical

information requested by the independent contractor for the purpose of

performing the projections required by NRS 176.0129.

Sec. 50. NRS 176.0129 is hereby amended to read as follows:

176.0129 The department of administration shall, on an annual basis,

contract for the services of an independent contractor, in accordance with

the provisions of NRS 284.173, to:

1. Review sentences imposed in this state and the practices of the state

board of parole commissioners and project annually the number of persons

who will be:

(a) In a facility or institution of the department of [prisons;]

corrections;

(b) On probation;

(d) Serving a term of residential confinement,

during the 10 years immediately following the date of the projection; and

2. Review preliminary proposals and information provided by the

commission and project annually the number of persons who will be:

(a) In a facility or institution of the department of [prisons;]

corrections;

(b) On probation;

(d) Serving a term of residential confinement,

during the 10 years immediately following the date of the projection,

assuming the preliminary proposals were recommended by the

commission and enacted by the legislature.

Sec. 51. NRS 176.045 is hereby amended to read as follows:

176.045 1. Whenever a person convicted of a public offense in this

state is under sentence of imprisonment pronounced by another

jurisdiction, federal or state, whether or not the prior sentence is for the

same offense, the court in imposing any sentence for the offense

committed in this state may, in its discretion, provide that such sentence

shall run either concurrently or consecutively with the prior sentence.

2. If the court provides that the sentence shall run concurrently, and the

defendant is released by the other jurisdiction prior to the expiration of the

sentence imposed in this state, the defendant shall be returned to the State

of Nevada to serve out the balance of such sentence, unless the defendant

is eligible for parole under the provisions of chapter 213 of NRS, and the

board of parole commissioners directs that he be released on parole as

provided in that chapter.

3. If the court makes an order pursuant to this section, the clerk of the

court shall provide the director of the department of [prisons] corrections

with a certified copy of judgment and notification of the place of out-of

-state confinement.

4. If the court makes no order pursuant to this section, the sentence

imposed in this state shall not begin until the expiration of all prior

sentences imposed by other jurisdictions.

Sec. 52. NRS 176.0913 is hereby amended to read as follows:

176.0913 1. If a defendant is convicted of an offense listed in

subsection 4, the court, at sentencing, shall order that:

(a) The name, social security number, date of birth and any other

information identifying the defendant be submitted to the central

repository for Nevada records of criminal history; and

(b) Samples of blood be obtained from the defendant pursuant to the

provisions of this section and that the samples be used for an analysis to

determine the genetic markers of the blood.

2. If the defendant is committed to the custody of the department of

[prisons,] corrections, the department of [prisons] corrections shall

arrange for the samples of blood to be obtained from the defendant. The

department of [prisons] corrections shall provide the samples of blood to

the forensic laboratory that has been designated by the county in which the

defendant was convicted to conduct or oversee genetic marker testing for

the county pursuant to NRS 176.0917.

3. If the defendant is not committed to the custody of the department

of [prisons,] corrections, the division shall arrange for the samples of

blood to be obtained from the defendant. The division shall provide the

samples of blood to the forensic laboratory that has been designated by the

county in which the defendant was convicted to conduct or oversee genetic

marker testing for the county pursuant to NRS 176.0917. Any cost that is

incurred to obtain the samples of blood from the defendant pursuant to this

subsection is a charge against the county in which the defendant was

convicted and must be paid as provided in NRS 176.0915.

4. The provisions of subsection 1 apply to a defendant who is

convicted of any of the following offenses:

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

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

200.010 to 200.260, inclusive.

(d) Mayhem pursuant to NRS 200.280.

(e) Administering poison or another noxious or destructive substance or

liquid with intent to cause death pursuant to NRS 200.390.

(f) Battery with intent to commit a crime pursuant to NRS 200.400.

(g) Battery which is committed with the use of a deadly weapon or

which results in substantial bodily harm pursuant to NRS 200.481.

(h) Abuse or neglect of an older person pursuant to NRS 200.5099.

(i) A second or subsequent offense for stalking pursuant to NRS

200.575.

(j) Burglary pursuant to NRS 205.060.

(k) Invasion of the home pursuant to NRS 205.067.

(l) An attempt to commit an offense listed in this subsection.

Sec. 53. NRS 176.127 is hereby amended to read as follows:

176.127 1. If a court accepts a plea of guilty but mentally ill pursuant

to NRS 174.041, the court shall, before imposing sentence, afford the

defendant an opportunity to present evidence of his present mental

condition. If the defendant claims that he is mentally ill at the time of

sentencing, the burden of proof is upon the defendant to establish that fact

by a preponderance of the evidence.

2. If the defendant has been ordered to the custody of the department

of [prisons,] corrections, the court may order the department to cause an

examination of the defendant to be conducted to determine his mental

condition, and may receive the evidence of any expert witness offered by

the defendant or the prosecuting attorney.

3. If the court finds:

(a) That the defendant is not mentally ill at the time of sentencing, it

shall impose any sentence that it is authorized to impose upon a defendant

who pleads or is found guilty of the same offense.

(b) By a preponderance of the evidence that the defendant is mentally ill

at the time of sentencing, it shall impose any sentence that it is authorized

to impose upon a defendant who pleads or is found guilty of the same

offense and include in that sentence an order that the defendant, during the

period of his confinement or probation, be given such treatment as is

available for his mental illness if the court determines that the relative

risks and benefits of the available treatment are such that a reasonable

person would consent to such treatment. The treatment must be provided

by the department of [prisons.] corrections.

Sec. 54. NRS 176.159 is hereby amended to read as follows:

176.159 1. Except as otherwise provided in subsection 2, when a

court imposes a sentence of imprisonment in the state prison or revokes a

program of probation and orders a sentence of imprisonment to the state

prison to be executed, the court shall cause a copy of the report of the

presentence investigation to be delivered to the director of the department

of [prisons,] corrections, if such a report was made. The report must be

delivered when the judgment of imprisonment is delivered pursuant to

NRS 176.335.

2. If a presentence investigation and report were not required pursuant

to paragraph (b) of subsection 3 of NRS 176.135 or pursuant to subsection

1 of NRS 176.151, the court shall cause a copy of the previous report of

the presentence investigation or a copy of the report of the general

investigation, as appropriate, to be delivered to the director of the

department of [prisons] corrections in the manner provided pursuant to

subsection 1.

Sec. 55. NRS 176.335 is hereby amended to read as follows:

176.335 1. If a judgment is for imprisonment in the state prison, the

sheriff of the county shall, on receipt of the triplicate certified copies of

the judgment of conviction, immediately notify the director of the

department of [prisons] corrections and the director shall, without delay,

send some authorized person to the county where the prisoner is held for

commitment to receive the prisoner.

2. When such an authorized person presents to the sheriff holding the

prisoner his order for the delivery of the prisoner, the sheriff shall deliver

to the authorized person two of the certified copies of the judgment of

conviction and a copy of the report of the presentence investigation or

general investigation, as appropriate, if required pursuant to NRS 176.159,

and take from the person a receipt for the prisoner, and the sheriff shall

make return upon his certified copy of the judgment of conviction,

showing his proceedings thereunder, and both that copy with the return

affixed thereto and the receipt from the authorized person must be filed

with the county clerk.

3. The term of imprisonment designated in the judgment of conviction

must begin on the date of sentence of the prisoner by the court.

4. Upon the expiration of the term of imprisonment of the prisoner, or

the termination thereof for any legal reason, the director of the department

of [prisons] corrections shall return one of his certified copies of the

judgment of conviction to the county clerk of the county from whence it

was issued, with a brief report of his proceedings thereunder endorsed

thereon, and the endorsed copy must be filed with the county clerk. The

return must show the cause of the termination of such imprisonment,

whether by death, legal discharge or otherwise.

Sec. 56. NRS 176.345 is hereby amended to read as follows:

176.345 1. When a judgment of death has been pronounced, a

certified copy of the judgment of conviction must be forthwith executed

and attested in triplicate by the clerk under the seal of the court. There

must be attached to the triplicate copies a warrant signed by the judge,

attested by the clerk, under the seal of the court, which:

(a) Recites the fact of the conviction and judgment;

(b) Appoints a week, the first day being Monday and the last day being

Sunday, within which the judgment is to be executed, which must not be

less than 60 days nor more than 90 days from the time of judgment; and

as the director of the department of [prisons] corrections designates to

receive the prisoner, for execution. The prison must be designated in the

warrant.

2. The original of the triplicate copies of the judgment of conviction

and warrant must be filed in the office of the county clerk, and two of the

triplicate copies must be immediately delivered by the clerk to the sheriff

of the county. One of the triplicate copies must be delivered by the sheriff,

with the prisoner, to such authorized person as the director of the

department of [prisons] corrections designates, and is the warrant and

authority of the director for the imprisonment and execution of the

prisoner, as therein provided and commanded. The director shall return his

certified copy of the judgment of conviction to the county clerk of the

county in which it was issued. The other triplicate copy is the warrant and

authority of the sheriff to deliver the prisoner to the authorized person

designated by the director. The final triplicate copy must be returned to the

county clerk by the sheriff with his proceedings endorsed thereon.

Sec. 57. NRS 176.355 is hereby amended to read as follows:

176.355 1. The judgment of death must be inflicted by an injection

of a lethal drug.

2. The director of the department of [prisons] corrections shall:

(a) Execute a sentence of death within the week, the first day being

Monday and the last day being Sunday, that the judgment is to be

executed, as designated by the district court. The director may execute the

judgment at any time during that week if a stay of execution is not entered

by a court of appropriate jurisdiction.

(b) Select the drug or combination of drugs to be used for the execution

after consulting with the state health officer.

(d) Notify those members of the immediate family of the victim who

have, pursuant to NRS 176.357, requested to be informed of the time, date

and place scheduled for the execution.

(e) Invite a competent physician, the county coroner, a psychiatrist and

not less than six reputable citizens over the age of 21 years to be present at

the execution. The director shall determine the maximum number of

persons who may be present for the execution. The director shall give

preference to those eligible members or representatives of the immediate

family of the victim who requested, pursuant to NRS 176.357, to attend

the execution.

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

4. A person who has not been invited by the director may not witness

the execution.

Sec. 58. NRS 176.365 is hereby amended to read as follows:

176.365 After the execution, the director of the department of [prisons]

corrections must make a return upon the death warrant to the court by

which the judgment was rendered, showing the time, place, mode and

manner in which it was executed.

Sec. 59. NRS 176.425 is hereby amended to read as follows:

176.425 1. If, after judgment of death, there is a good reason to

believe that the defendant has become insane, the director of the

department of [prisons] corrections to whom the convicted person has

been delivered for execution may by a petition in writing, verified by a

physician, petition a district judge of the district court of the county in

which the state prison is situated, alleging the present insanity of such

person, whereupon such judge shall:

(a) Fix a day for a hearing to determine whether the convicted person is

insane;

(b) Appoint two psychiatrists, two psychologists, or one psychiatrist and

one psychologist, to examine the convicted person; and

the district attorney of the county in which the conviction was had.

2. If the judge determines that the hearing on and the determination of

the sanity of the convicted person cannot be had before the date of the

execution of such person, the judge may stay the execution of the

judgment of death pending the determination of the sanity of the convicted

person.

Sec. 60. NRS 176.435 is hereby amended to read as follows:

176.435 1. On the day fixed, the director of the department of

[prisons] corrections shall bring the convicted person before the court, and

the attorney general or his deputy shall attend the hearing. The district

attorney of the county in which the conviction was had, and an attorney

for the convicted person, may attend the hearing.

2. The court shall receive the report of the examining physicians and

may require the production of other evidence. The attorney general or his

deputy, the district attorney, and the attorney for the convicted person or

such person if he is without counsel may introduce evidence and cross

-examine any witness, including the examining physicians.

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

Sec. 61. NRS 176.445 is hereby amended to read as follows:

176.445 If it is found by the court that the convicted person is sane, the

director of the department of [prisons] corrections must execute the

judgment of death; but if the judgment has been stayed, as provided in

NRS 176.425, the judge shall cause a certified copy of his order staying

the execution of the judgment, together with a certified copy of his finding

that the convicted person is sane, to be immediately forwarded by the clerk

of the court to the clerk of the district court of the county in which the

conviction was had, who shall give notice thereof to the district attorney of

such county. Proceedings shall then be instituted in the last mentioned

district court for the issuance of a new warrant of execution of the

judgment of death in the manner provided in NRS 176.495.

Sec. 62. NRS 176.455 is hereby amended to read as follows:

176.455 1. If it is found by the court that the convicted person is

insane, the judge shall make and enter an order staying the execution of

the judgment of death until the convicted person becomes sane, and shall

therein order the director of the department of [prisons] corrections to

confine such person in a safe place of confinement until his reason is

restored.

2. The clerk of the court shall serve or cause to be served three

certified copies of the order, one on the director, one on the governor, for

the use of the state board of pardons commissioners, and one on the clerk

of the district court of the county in which the conviction was had.

3. If the convicted person thereafter becomes sane, notice of this fact

shall be given by the director to a judge of the court staying the execution

of the judgment, and the judge, upon being satisfied that such person is

then sane, shall enter an order vacating the order staying the execution of

the judgment.

4. The clerk of the court shall immediately serve or cause to be served

three certified copies of such vacating order as follows: One on the

director, one on the governor, for the use of the state board of pardons

commissioners, and one on the clerk of the district court of the county in

which the conviction was had, who shall give notice thereof to the district

attorney of such county, whereupon proceedings shall be instituted in the

last mentioned district court for the issuance of a new warrant of execution

of the judgment of death in the manner provided in NRS 176.495.

Sec. 63. NRS 176.465 is hereby amended to read as follows:

176.465 1. If there is good reason to believe that a female against

whom a judgment of death has been rendered is pregnant, the director of

the department of [prisons] corrections to whom she has been delivered

for execution shall petition a judge of the district court of the county in

which the state prison is situated, in writing, alleging such pregnancy,

whereupon such judge shall summon a jury of three physicians to inquire

into the alleged pregnancy and fix a day for the hearing thereon, and give

immediate notice thereof to the attorney general and to the district attorney

of the county in which the conviction was had.

2. The provisions of NRS 176.425 and 176.435 apply to the

proceedings upon the inquisition, except that three physicians shall be

summoned. They shall certify in writing to the court their findings as to

pregnancy.

Sec. 64. NRS 176.475 is hereby amended to read as follows:

176.475 1. If it is found by the court that the female is not pregnant,

the director of the department of [prisons] corrections must execute the

judgment of death; but if a stay of execution has been granted pursuant to

NRS 176.425 the procedure provided in NRS 176.445 is applicable.

2. If the female is found to be pregnant, the judge shall enter an order

staying the execution of the judgment of death, and shall therein order the

director to confine such female in a safe place of confinement

commensurate with her condition until further order of the court.

3. When such female is no longer pregnant, notice of this fact shall be

given by the director to a judge of the court staying the execution of the

judgment. Thereupon the judge, upon being satisfied that the pregnancy no

longer exists, shall enter an order vacating the order staying the execution

of the judgment and shall direct the clerk of such court to serve or cause to

be served three certified copies of such order, one on the director, one on

the governor, for the use of the state board of pardons commissioners, and

one on the clerk of the district court of the county in which the conviction

was had, who shall give notice thereof to the district attorney of such

county, whereupon proceedings shall be instituted in the last mentioned

district court for the issuance of a new warrant of execution of the

judgment in the manner provided in NRS 176.495.

Sec. 65. NRS 176.488 is hereby amended to read as follows:

176.488 A stay of execution must be entered by the court in writing

and copies sent as soon as practicable to the director of the department of

[prisons,] corrections, the warden of the institution in which the offender

imprisoned and the office of the attorney general in Carson City. The court

shall also enter an order and take all necessary actions to expedite further

proceeding before that court.

Sec. 66. NRS 176.495 is hereby amended to read as follows:

176.495 1. If for any reason a judgment of death has not been

executed, and it remains in force, the court in which the conviction was

had must, upon the application of the attorney general or the district

attorney of the county in which the conviction was had, cause another

warrant to be drawn, signed by the judge and attested by the clerk under

the seal of the court, and delivered to the director of the department of

[prisons.] corrections.

2. The warrant must state the conviction and judgment and appoint a

week, the first day being Monday and the last day being Sunday, within

which the judgment is to be executed. The first day of that week must be

not less than 15 days nor more than 30 days after the date of the warrant.

The director shall execute a sentence of death within the week the

judgment is to be executed, as designated by the district court. The

director may execute the judgment at any time during that week if a stay

of execution is not entered by a court of appropriate jurisdiction.

3. Where sentence was imposed by a district court composed of three

judges, the district judge before whom the confession or plea was made, or

his successor in office, shall designate the week of execution, the first day

being Monday and the last day being Sunday, and sign the warrant.

Sec. 67. NRS 176.505 is hereby amended to read as follows:

176.505 1. When a remittitur showing the affirmation of a judgment

of death has been filed with the clerk of the court from which the appeal

has been taken, the court in which the conviction was obtained shall

inquire into the facts, and, if no legal reasons exist prohibiting the

execution of the judgment, shall make and enter an order requiring the

director of the department of [prisons] corrections to execute the judgment

at a specified time. The presence of the defendant in the court at the time

the order of execution is made and entered, or the warrant is issued, is not

required.

2. When an opinion, order dismissing appeal or other order upholding

a sentence of death is issued by the supreme court pursuant to chapter 34

or 177 of NRS, the court in which the sentence of death was obtained shall

inquire into the facts and, if no legal reason exists prohibiting the

execution of the judgment, shall make and enter an order requiring the

director of the department of [prisons] corrections to execute the judgment

during a specified week. The presence of the defendant in the court when

the order of execution is made and entered, or the warrant is issued, is not

required.

3. Notwithstanding the entry of a stay of issuance of a remittitur in the

supreme court following denial of appellate relief in a proceeding brought

pursuant to chapter 34 or 177 of NRS, the court in which the conviction

was obtained shall, upon application of the attorney general or the district

attorney of the county in which the conviction was obtained, cause another

warrant to be drawn, signed by the judge and attested by the clerk under

the seal of the court, and delivered to the director of the department of

[prisons.] corrections.

Sec. 68. NRS 176A.450 is hereby amended to read as follows:

176A.450 1. Except as otherwise provided in this section, by order

duly entered, the court may impose, and may at any time modify, any

conditions of probation or suspension of sentence. The court shall cause a

copy of any such order to be delivered to the parole and probation officer

and the probationer. A copy of the order must also be sent to the director

of the department of [prisons] corrections if the probationer is under the

supervision of the director pursuant to NRS 176A.780.

2. If the probationer is participating in a program of probation secured

by a surety bond, the court shall not impose or modify the conditions of

probation unless the court notifies the surety and:

(a) Causes the original bond to be revoked and requires a new bond to

which the original and the new conditions are appended and made part; or

(b) Requires an additional bond to which the new conditions are

appended and made part.

3. The court shall not modify a condition of probation or suspension of

sentence that was imposed pursuant to NRS 176A.410, unless the court

finds that extraordinary circumstances are present and the court enters

those extraordinary circumstances in the record.

Sec. 69. NRS 176A.780 is hereby amended to read as follows:

176A.780 1. If a defendant:

(a) Is male;

(b) Has been convicted of a felony that does not involve an act of

violence;

(d) Has never been incarcerated in jail or prison as an adult for more

than 6 months; and

(e) Is otherwise eligible for probation,

the court may order the defendant satisfactorily to complete a program of

regimental discipline for 150 days before sentencing the defendant or in

lieu of causing the sentence imposed to be executed upon violation of a

condition of probation or suspension of sentence.

2. If the court orders the defendant to undergo a program of regimental

discipline, it:

(a) Shall place the defendant under the supervision of the director of the

department of [prisons] corrections for not more than 190 days, not more

than the first 30 days of which must be used to determine the defendant’s

eligibility to participate in the program.

(b) Shall, if appropriate, direct the chief parole and probation officer to

provide a copy of the defendant’s records to the director of the department

of [prisons.] corrections.

30 days after he is placed under the supervision of the director, if he is

determined to be ineligible for the program.

(d) May require such reports concerning the defendant’s participation in

the program as it deems desirable.

3. If the defendant is ordered to complete the program before

sentencing, the director of the department of [prisons] corrections shall

return the defendant to the court not later than 150 days after the defendant

began the program. The director shall certify either that the defendant

satisfactorily completed the program or that he did not, and shall report of

the results of his evaluation, including any recommendations which will be

helpful in determining the proper sentence. Upon receiving the report, the

court shall sentence the defendant.

4. If the defendant is ordered to complete the program in lieu of

causing the sentence imposed to be executed upon the violation of a

condition of probation and the defendant satisfactorily completes the

program, the director of the department of [prisons] corrections shall, not

later than 150 days after the defendant began the program, return the

defendant to the court with certification that the defendant satisfactorily

completed the program. The court shall direct that:

(a) The defendant be placed under supervision of the chief parole and

probation officer; and

(b) The director of the department of [prisons] corrections cause a copy

of the records concerning the defendant’s participation in the program to

be provided to the chief parole and probation officer.

5. If a defendant is ordered to complete the program of regimental

discipline in lieu of causing the sentence imposed to be executed upon the

violation of a condition of probation, a failure by the defendant

satisfactorily to complete the program constitutes a violation of that

condition of probation and the director of the department of [prisons]

corrections shall return the defendant to the court.

6. Time spent in the program must be deducted from any sentence

which may thereafter be imposed.

Sec. 70. NRS 178.524 is hereby amended to read as follows:

178.524 If the defendant surrenders himself to, is apprehended by or is

in the custody of a peace officer in the State of Nevada or the director of

the department of [prisons] corrections other than the officer to whose

custody he was committed at the time of giving bail, the bail may make

application to the court for the discharge of his bail bond, and shall then

give to the court an amount in cash or a surety bond sufficient in amount

to guarantee reimbursement of any costs that may be expended in

returning the defendant to the officer to whose custody the defendant was

committed at the time of giving bail.

Sec. 71. NRS 178.630 is hereby amended to read as follows:

178.630 The director of the department of [prisons] corrections shall

comply with the provisions of Articles III and IV of The Agreement on

Detainers whenever he has in his custody a prisoner who has detainers

lodged against him from other jurisdictions which are parties to such

agreement.

Sec. 72. NRS 178.700 is hereby amended to read as follows:

178.700 1. If the attorney general, a prosecuting attorney or an

agency of criminal justice in this state receives a request from the

department of [prisons,] corrections, it shall respond in writing within 14

working days setting forth any charges that are pending against the

offender.

2. If the attorney general, a prosecuting attorney or an agency of

criminal justice indicates in its response pursuant to subsection 1 that

felony charges are pending against an offender, it shall, or if misdemeanor

charges are pending against an offender, it may, request in the response

that upon release of the offender from the custody of the department of

[prisons,] corrections, the department release the offender to an agency of

criminal justice in this state that is authorized to detain a person pending

prosecution. The attorney general, a prosecuting attorney or an agency of

criminal justice may submit such a request to the department of [prisons]

corrections at any other time, if charges are filed against an offender.

3. If an offender is convicted, acquitted or the charges against him are

dropped after a request was submitted pursuant to this section, the attorney

general, prosecuting attorney or agency of criminal justice who submitted

the request shall withdraw the request by providing a certified copy of the

judgment to the department of [prisons] corrections if the offender was

convicted or acquitted, or by providing proof to the department that the

charges were dropped.

4. The attorney general, a prosecuting attorney or an agency of

criminal justice shall notify the department of [prisons] corrections upon

receipt of a detainer against an inmate from another jurisdiction who is

transferred to the custody of the department of [prisons.] corrections.

Sec. 73. NRS 179.223 is hereby amended to read as follows:

179.223 1. When the return to this state of a person charged with

crime in this state is required, the district attorney shall present to the

governor his written application for a requisition for the return of the

person charged in which application must be stated:

(a) The name of the person so charged;

(b) The crime charged against him;

(d) The state in which he is believed to be, including the location of the

accused therein at the time the application is made; and

(e) A certification that, in the opinion of the district attorney, the ends of

justice require the arrest and return of the accused to this state for trial and

that the proceeding is not instituted to enforce a private claim.

2. When the return to this state is required of a person who has been

convicted of a crime in this state and has escaped from confinement or

broken the terms of his bail, probation or parole, the district attorney of the

county in which the offense was committed, the state board of parole

commissioners, the chief parole and probation officer, the director of the

department of [prisons] corrections or the sheriff of the county from

which escape was made shall present to the governor a written application

for a requisition for the return of the person, in which application must be

stated:

(a) The name of the person;

(b) The crime of which he was convicted;

of the terms of his bail, probation or parole; and

(d) The state in which he is believed to be, including the location of the

person therein at the time application is made.

3. The application must be verified by affidavit, executed in duplicate

and accompanied by two certified copies of the indictment returned, or

information and affidavit filed, or of the complaint made to the judge or

magistrate, stating the offense with which the accused is charged, or of the

judgment of conviction or of the sentence. The district attorney, state

board of parole commissioners, chief parole and probation officer, director

of the

department of [prisons] corrections or sheriff may also attach such further

affidavits and other documents in duplicate as he deems proper to be

submitted with the application. One copy of the application, with the

action of the governor indicated by endorsement thereon, and one of the

certified copies of the indictment, complaint, information and affidavits, or

of the judgment of conviction or of the sentence must be filed in the office

of the secretary of state of the State of Nevada to remain of record in that

office. The other copies of all papers must be forwarded with the

governor’s requisition.

Sec. 74. NRS 179A.290 is hereby amended to read as follows:

179A.290 1. The director of the department shall establish within the

central repository a program to compile and analyze data concerning

offenders who commit sexual offenses. The program must be designed to:

(a) Provide statistical data relating to the recidivism of offenders who

commit sexual offenses; and

(b) Use the data provided by the division of child and family services of

the department of human resources pursuant to NRS 62.920 to:

(1) Provide statistical data relating to the recidivism of juvenile sex

offenders after they become adults; and

(2) Assess the effectiveness of programs for the treatment of juvenile

sex offenders.

2. The division of parole and probation and the department of [prisons]

corrections shall assist the director of the department in obtaining data and

in carrying out the program.

3. The director of the department shall report the statistical data and

findings from the program to:

(a) The legislature at the beginning of each regular session.

(b) The advisory commission on sentencing on or before January 31 of

each even-numbered year.

4. The data acquired pursuant to this section is confidential and must

be used only for the purpose of research. The data and findings generated

pursuant to this section must not contain information that may reveal the

identity of a juvenile sex offender or the identity of an individual victim of

a crime.

Sec. 75. NRS 179B.070 is hereby amended to read as follows:

179B.070 “Law enforcement officer” includes, but is not limited to:

1. A prosecuting attorney or an attorney from the office of the attorney

general;

2. A sheriff of a county or his deputy;

3. An officer of a metropolitan police department or a police

department of an incorporated city;

4. An officer of the division;

5. An officer of the department of [prisons;] corrections;

6. An officer of a law enforcement agency from another jurisdiction;

7. Any other person upon whom some or all of the powers of a peace

officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the

person is seeking information as part of a criminal investigation.

Sec. 76. NRS 179D.160 is hereby amended to read as follows:

179D.160 1. Except as otherwise provided by specific statute, a

record of registration may be inspected only by a law enforcement officer

in the regular course of his duties or by the offender named in the record

of registration.

2. As used in this section, “law enforcement officer” includes, but is

not limited to:

(a) A prosecuting attorney or an attorney from the office of the attorney

general;

(b) A sheriff of a county or his deputy;

department of an incorporated city;

(d) An officer of the division;

(e) An officer of the department of [prisons;] corrections;

(f) An officer of a law enforcement agency from another jurisdiction; or

(g) Any other person upon whom some or all of the powers of a peace

officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the

person is seeking information as part of a criminal investigation.

Sec. 77. NRS 179D.230 is hereby amended to read as follows:

179D.230 1. If the division receives notice from a court pursuant to

NRS 176.0926 that an offender has been convicted of a crime against a

child, the division shall:

(a) If a record of registration has not previously been established for the

offender by the division, establish a record of registration for the offender

and forward the record of registration to the central repository; or

(b) If a record of registration has previously been established for the

offender by the division, update the record of registration for the offender

and forward the record of registration to the central repository.

2. If the offender named in the notice is granted probation or otherwise

will not be incarcerated or confined, the central repository shall

immediately provide notification concerning the offender to the

appropriate local law enforcement agencies and, if the offender resides in

a jurisdiction which is outside of this state, to the appropriate law

enforcement agency in that jurisdiction.

3. If the offender named in the notice is incarcerated or confined,

before the offender is released:

(a) The division shall:

(1) Inform the offender of the requirements for registration,

including, but not limited to:

(I) The duty to register in this state during any period in which he

is a resident of this state or a nonresident who is a student or worker within

this state and the time within which he is required to register pursuant to

NRS 179D.240;

(II) The duty to register in any other jurisdiction during any period

in which he is a resident of the other jurisdiction or a nonresident who is a

student or worker within the other jurisdiction;

(III) If he moves from this state to another jurisdiction, the duty to

jurisdiction; and

(IV) The duty to notify the division, in writing, if he changes the

address at which he resides, including if he moves from this state to

another jurisdiction, or changes the primary address at which he is a

student or worker;

(2) Require the offender to read and sign a form confirming that the

requirements for registration have been explained to him; and

(3) Update the record of registration for the offender and forward the

record of registration to the central repository; and

(b) The central repository shall provide notification concerning the

offender to the appropriate local law enforcement agencies and, if the

offender will reside upon release in a jurisdiction which is outside of this

state, to the appropriate law enforcement agency in that jurisdiction.

4. If requested by the division, the department of [prisons] corrections

or a local law enforcement agency in whose facility the offender is

incarcerated shall provide the offender with the information and the

confirmation form required by paragraph (a) of subsection 3.

5. The failure to provide an offender with the information or

confirmation form required by paragraph (a) of subsection 3 does not

affect the duty of the offender to register and to comply with all other

provisions for registration.

6. If the central repository receives notice from another jurisdiction or

the Federal Bureau of Investigation that an offender convicted of a crime

against a child is now residing or is a student or worker within this state:

(a) The central repository shall immediately provide notification

concerning the offender to the division and to the appropriate local law

enforcement agencies; and

(b) The division shall establish a record of registration for the offender

and forward the record of registration to the central repository.

Sec. 78. NRS 179D.450 is hereby amended to read as follows:

179D.450 1. If the division receives notice from a court pursuant to

NRS 176.0927 that a sex offender has been convicted of a sexual offense

or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to

be an adult sex offender, the division shall:

(a) If a record of registration has not previously been established for the

sex offender by the division, establish a record of registration for the sex

offender and forward the record of registration to the central repository; or

(b) If a record of registration has previously been established for the sex

offender by the division, update the record of registration for the sex

offender and forward the record of registration to the central repository.

2. If the sex offender named in the notice is granted probation or

otherwise will not be incarcerated or confined or if the sex offender named

in the notice has been deemed to be an adult sex offender pursuant to NRS

62.590 and is not otherwise incarcerated or confined:

(a) The central repository shall immediately provide notification

concerning the sex offender to the appropriate local law enforcement

agencies and, if the sex offender resides in a jurisdiction which is outside

of this state, to the appropriate law enforcement agency in that

jurisdiction; and

(b) If the sex offender is subject to community notification, the division

shall arrange for the assessment of the risk of recidivism of the sex

offender pursuant to the guidelines and procedures for community

notification established by the attorney general pursuant to NRS 179D.600

to 179D.800, inclusive.

3. If the sex offender named in the notice is incarcerated or confined,

before the sex offender is released:

(a) The division shall:

(1) Inform the sex offender of the requirements for registration,

including, but not limited to:

(I) The duty to register in this state during any period in which he

is a resident of this state or a nonresident who is a student or worker within

this state and the time within which he is required to register pursuant to

NRS 179D.460;

(II) The duty to register in any other jurisdiction during any period

in which he is a resident of the other jurisdiction or a nonresident who is a

student or worker within the other jurisdiction;

(III) If he moves from this state to another jurisdiction, the duty to

jurisdiction; and

(IV) The duty to notify the division, in writing, if he changes the

address at which he resides, including if he moves from this state to

another jurisdiction, or changes the primary address at which he is a

student or worker;

(2) Require the sex offender to read and sign a form confirming that

the requirements for registration have been explained to him;

(3) Update the record of registration for the sex offender and forward

the record of registration to the central repository; and

(4) If the sex offender is subject to community notification, arrange

for the assessment of the risk of recidivism of the sex offender pursuant to

the guidelines and procedures for community notification established by

the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive;

and

(b) The central repository shall provide notification concerning the sex

offender to the appropriate local law enforcement agencies and, if the sex

offender will reside upon release in a jurisdiction which is outside of this

state, to the appropriate law enforcement agency in that jurisdiction.

4. If requested by the division, the department of [prisons] corrections

or a local law enforcement agency in whose facility the sex offender is

incarcerated shall provide the sex offender with the information and the

confirmation form required by paragraph (a) of subsection 3.

5. The failure to provide a sex offender with the information or

confirmation form required by paragraph (a) of subsection 3 does not

affect the duty of the sex offender to register and to comply with all other

provisions for registration.

6. If the central repository receives notice from another jurisdiction or

the Federal Bureau of Investigation that a sex offender is now residing or

is a student or worker within this state:

(a) The central repository shall immediately provide notification

concerning the sex offender to the division and to the appropriate local law

enforcement agencies;

(b) The division shall establish a record of registration for the sex

offender and forward the record of registration to the central repository;

and

shall arrange for the assessment of the risk of recidivism of the sex

offender pursuant to the guidelines and procedures for community

notification established by the attorney general pursuant to NRS 179D.600

to 179D.800, inclusive.

Sec. 79. NRS 199.305 is hereby amended to read as follows:

199.305 1. A person who, by intimidating or threatening another

person, prevents or dissuades a victim of a crime, a person acting on his

behalf or a witness from:

(a) Reporting a crime or possible crime to a:

(1) Judge;

(2) Peace officer;

(3) Parole or probation officer;

(4) Prosecuting attorney;

(5) Warden or other employee at an institution of the department of

[prisons;] corrections; or

(6) Superintendent or other employee at a juvenile correctional

institution;

(b) Commencing a criminal prosecution or a proceeding for the

revocation of a parole or probation, or seeking or assisting in such a

prosecution or proceeding; or

or who hinders or delays such a victim, agent or witness in his effort to

carry out any of those actions is guilty of a category D felony and shall be

punished as provided in NRS 193.130.

2. As used in this section, “victim of a crime” means a person against

whom a crime has been committed.

Sec. 80. NRS 200.033 is hereby amended to read as follows:

200.033 The only circumstances by which murder of the first degree

may be aggravated are:

1. The murder was committed by a person under sentence of

imprisonment.

2. The murder was committed by a person who, at any time before a

penalty hearing is conducted for the murder pursuant to NRS 175.552, is

or has been convicted of:

(a) Another murder and the provisions of subsection 12 do not

otherwise apply to that other murder; or

(b) A felony involving the use or threat of violence to the person of

another and the provisions of subsection 4 do not otherwise apply to that

felony.

For the purposes of this subsection, a person shall be deemed to have been

convicted at the time the jury verdict of guilt is rendered or upon

pronouncement of guilt by a judge or judges sitting without a jury.

3. The murder was committed by a person who knowingly created a

great risk of death to more than one person by means of a weapon, device

or course of action which would normally be hazardous to the lives of

more than one person.

4. The murder was committed while the person was engaged, alone or

with others, in the commission of or an attempt to commit or flight after

committing or attempting to commit, any robbery, arson in the first

degree, burglary, invasion of the home or kidnapping in the first degree,

and the person charged:

(a) Killed or attempted to kill the person murdered; or

(b) Knew or had reason to know that life would be taken or lethal force

used.

5. The murder was committed to avoid or prevent a lawful arrest or to

effect an escape from custody.

6. The murder was committed by a person, for himself or another, to

receive money or any other thing of monetary value.

7. The murder was committed upon a peace officer or fireman who

was killed while engaged in the performance of his official duty or

because of an act performed in his official capacity, and the defendant

knew or reasonably should have known that the victim was a peace officer

or fireman. For the purposes of this subsection, “peace officer” means:

(a) An employee of the department of [prisons] corrections who does

not exercise general control over offenders imprisoned within the

institutions and facilities of the department but whose normal duties

require him to come into contact with those offenders, when carrying out

the duties prescribed by the director of the department.

(b) Any person upon whom some or all of the powers of a peace officer

are conferred pursuant to NRS 289.150 to 289.360, inclusive, when

carrying out those powers.

8. The murder involved torture or the mutilation of the victim.

9. The murder was committed upon one or more persons at random

and without apparent motive.

10. The murder was committed upon a person less than 14 years of

age.

11. The murder was committed upon a person because of the actual or

perceived race, color, religion, national origin, physical or mental

disability or sexual orientation of that person.

12. The defendant has, in the immediate proceeding, been convicted of

more than one offense of murder in the first or second degree. For the

purposes of this subsection, a person shall be deemed to have been

convicted of a murder at the time the jury verdict of guilt is rendered or

upon pronouncement of guilt by a judge or judges sitting without a jury.

13. The person, alone or with others, subjected or attempted to subject

the victim of the murder to nonconsensual sexual penetration immediately

before, during or immediately after the commission of the murder. For the

purposes of this subsection:

(a) “Nonconsensual” means against the victim’s will or under

conditions in which the person knows or reasonably should know that the

victim is mentally or physically incapable of resisting, consenting or

understanding the nature of his conduct, including, but not limited to,

conditions in which the person knows or reasonably should know that the

victim is dead.

(b) “Sexual penetration” means cunnilingus, fellatio or any intrusion,

however slight, of any part of the victim’s body or any object manipulated

or inserted by a person, alone or with others, into the genital or anal

openings of the body of the victim, whether or not the victim is alive. The

term includes, but is not limited to, anal intercourse and sexual intercourse

in what would be its ordinary meaning.

14. The murder was committed on the property of a public or private

school, at an activity sponsored by a public or private school or on a

school bus while the bus was engaged in its official duties by a person

who intended to create a great risk of death or substantial bodily harm to

more than one person by means of a weapon, device or course of action

that would normally be hazardous to the lives of more than one person.

For the purposes of this subsection, “school bus” has the meaning ascribed

to it in NRS 483.160.

Sec. 81. NRS 202.2491 is hereby amended to read as follows:

202.2491 1. Except as otherwise provided in subsections 5 and 6 and

NRS 202.24915, the smoking of tobacco in any form is prohibited if done

in any:

(a) Public elevator.

(b) Public building.

(1) Medical facility or facility for the dependent as defined in chapter

449 of NRS; or

(2) Office of any chiropractor, dentist, physical therapist, physician,

podiatric physician, psychologist, optician, optometrist, doctor of Oriental

medicine or doctor of acupuncture.

(d) Hotel or motel when so designated by the operator thereof.

(e) Public area of a store principally devoted to the sale of food for

human consumption off the premises.

(f) Child care facility.

(g) Bus used by the general public, other than a chartered bus, or in any

maintenance facility or office associated with a bus system operated by

any regional transportation commission.

(h) School bus.

2. The person in control of an area listed in paragraph (c), (d), (e), (f)

or (g) of subsection 1:

(a) Shall post in the area signs prohibiting smoking in any place not

designated for that purpose as provided in paragraph (b).

(b) May designate separate rooms or portions of the area which may be

used for smoking, except for a room or portion of the area of a store

described in paragraph (e) of subsection 1 if the room or portion of the

area:

(1) Is leased to or operated by a person licensed pursuant to NRS

463.160; and

(2) Does not otherwise qualify for an exemption set forth in NRS

202.24915.

3. The person in control of a public building:

(a) Shall post in the area signs prohibiting smoking in any place not

designated for that purpose as provided in paragraph (b).

(b) Shall, except as otherwise provided in this subsection, designate a

separate area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not

designate an area which may be used by the pupils to smoke.

4. The operator of a restaurant with a seating capacity of 50 or more

shall maintain a flexible nonsmoking area within the restaurant and offer

each patron the opportunity to be seated in a smoking or nonsmoking area.

5. A business which derives more than 50 percent of its gross receipts

from the sale of alcoholic beverages or 50 percent of its gross receipts

from gaming operations may be designated as a smoking area in its

entirety by the operator of the business.

6. The smoking of tobacco is not prohibited in:

(a) Any room or area designated for smoking pursuant to paragraph (b)

of subsection 2 or paragraph (b) of subsection 3.

(b) A licensed gaming establishment. A licensed gaming establishment

may designate separate rooms or areas within the establishment which

may or may not be used for smoking.

7. The person in control of a child care facility shall not allow children

in any room or area he designates for smoking pursuant to paragraph (b) of

subsection 2. Any such room or area must be sufficiently separate or

ventilated so that there are no irritating or toxic effects of smoke in the

other areas of the facility.

8. As used in this section:

(a) “Child care facility” means an establishment licensed pursuant to

chapter 432A of NRS to provide care for 13 or more children.

(b) “Licensed gaming establishment” has the meaning ascribed to it in

NRS 463.0169.

occupied by:

(1) Any component of the University and Community College

System of Nevada and used for any purpose related to the system.

(2) The State of Nevada and used for any public purpose, other than

that used by the department of [prisons] corrections to house or provide

other services to offenders.

(3) Any county, city, school district or other political subdivision of

the state and used for any public purpose.

If only part of a building is owned or occupied by an entity described in

this paragraph, the term means only that portion of the building which is

so owned or occupied.

(d) “School bus” has the meaning ascribed to it in NRS 483.160.

Sec. 82. NRS 202.375 is hereby amended to read as follows:

202.375 1. The provisions of NRS 202.370 to 202.440, inclusive, do

not apply to the sale or purchase by any adult, or the possession or use by

any person, including a minor but not including a convicted person as

defined in NRS 179C.010, of any form of:

(a) Cartridge which contains not more than 2 fluid ounces in volume of

“CS” tear gas that may be propelled by air or another gas, but not an

explosive, in the form of an aerosol spray; or

(b) Weapon designed for the use of such a cartridge which does not

exceed that size,

and which is designed and intended for use as an instrument of self

-defense.

2. A seller, before delivering to a purchaser a cartridge or weapon

which may be sold pursuant to subsection 1, must record and maintain for

not less than 2 years the name and address of the purchaser and the brand

name, model number or type, and serial number if there is one, of the

weapon or cartridge, or both.

3. The provisions of NRS 202.370 to 202.440, inclusive, do not

prohibit police departments or regular salaried peace officers thereof,

sheriffs and their regular salaried deputies, the director, deputy director

and superintendents of, and guards employed by, the department of

[prisons,] corrections, personnel of the Nevada highway patrol or the

military or naval forces of this state or of the United States from

purchasing, possessing or transporting any shells, cartridges, bombs or

weapons for official use in the discharge of their duties.

4. As used in this section, “CS” tear gas means a crystalline powder

containing ortho-chlorobenzalmalononitrile.

Sec. 83. NRS 228.150 is hereby amended to read as follows:

228.150 1. When requested, the attorney general shall give his

opinion, in writing, upon any question of law, to the governor, the

secretary of state, the state controller, the state treasurer, the director of the

department of [prisons,] corrections, to the head of any state department,

agency, board or commission, to any district attorney and to any city

attorney of any incorporated city within the State of Nevada, upon any

question of law relating to their respective offices, departments, agencies,

boards or commissions.

2. Nothing contained in subsection 1 requires the attorney general to

give his written opinion to any city attorney concerning questions relating

to the interpretation or construction of city ordinances.

3. The attorney general is not entitled to receive any fee for the

performance of any duty required of him by law, but money may be paid

to his office or pursuant to law or an agreement with an agency of the state

for the performance of any duty or service by his office.

Sec. 84. NRS 228.170 is hereby amended to read as follows:

228.170 1. Whenever the governor directs or when, in the opinion of

the attorney general, to protect and secure the interest of the state it is

necessary that a suit be commenced or defended in any federal or state

court, the attorney general shall commence the action or make the defense.

2. The attorney general may investigate and prosecute any crime

committed by a person:

(a) Confined in or committed to an institution or facility of the

department of [prisons.] corrections.

(b) Acting in concert with, whether as a principal or accessory, any

person confined in or committed to an institution or facility of the

department of [prisons.] corrections.

(1) An institution or facility of the department of [prisons;]

corrections; or

(2) A person confined in or committed to such an institution or

facility.

Sec. 85. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the

requirements of this chapter:

(a) The governor.

(b) The department of [prisons.] corrections.

(d) The office of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The welfare division of the department of human resources.

(h) The division of health care financing and policy of the department of

human resources.

(i) The state board of examiners acting pursuant to chapter 217 of NRS.

(j) Except as otherwise provided in NRS 533.365, the office of the state

engineer.

(k) The division of industrial relations of the department of business and

industry acting to enforce the provisions of NRS 618.375.

(l) The board to review claims in adopting resolutions to carry out its

duties pursuant to NRS 590.830.

2. Except as otherwise provided in NRS 391.323, the department of

education, the board of the public employees’ benefits program and the

commission on professional standards in education are subject to the

provisions of this chapter for the purpose of adopting regulations but not

with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of regulations by and the

judicial review of decisions of the employment security division of the

department of employment, training and rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of

contested claims;

public utilities commission of Nevada;

(d) Chapter 91 of NRS for the judicial review of decisions of the

administrator of the securities division of the office of the secretary of

state; and

(e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and

233B.126 do not apply to the department of human resources in the

adjudication of contested cases involving the issuance of letters of

approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to,

quarantine and the treatment or cleansing of infected or infested animals,

objects or premises, made under the authority of the state board of

agriculture, the state board of health, the state board of sheep

commissioners or any other agency of this state in the discharge of a

responsibility for the preservation of human or animal health or for insect

or pest control; or

(b) An extraordinary regulation of the state board of pharmacy adopted

pursuant to NRS 453.2184.

6. The state board of parole commissioners is subject to the provisions

of this chapter for the purpose of adopting regulations but not with respect

to any contested case.

Sec. 86. NRS 281.210 is hereby amended to read as follows:

281.210 1. Except as otherwise provided in this section, it is

unlawful for any person acting as a school trustee, state, township,

municipal or county officer, or as an employing authority of the University

and Community College System of Nevada, any school district or of the

state, any town, city or county, or for any state or local board, agency or

commission, elected or appointed, to employ in any capacity on behalf of

the State of Nevada, or any county, township, municipality or school

district thereof, or the University and Community College System of

Nevada, any relative of such a person or of any member of such a board,

agency or commission who is within the third degree of consanguinity or

affinity.

2. This section does not apply:

(a) To school districts, when the teacher or other school employee is not

related to more than one of the trustees or person who is an employing

authority by consanguinity or affinity and receives a unanimous vote of all

members of the board of trustees and approval by the state department of

education.

(b) To school districts, when the teacher or other school employee has

been employed by an abolished school district or educational district,

which constitutes a part of the employing county school district, and the

county school district for 4 years or more before April 1, 1957.

of the department of [prisons.] corrections.

(d) To the spouse of the superintendent of the Caliente youth center.

(e) To relatives of blind officers and employees of the bureau of

services to the blind and visually impaired of the rehabilitation division of

the department of employment, training and rehabilitation when those

relatives are employed as automobile drivers for those officers and

employees.

(f) To relatives of a member of a town board of a town whose

population is less than 300.

3. Nothing in this section:

(a) Prevents any officer in this state, employed under a flat salary, from

employing any suitable person to assist in any such employment, when the

payment for the service is met out of the personal money of the officer.

(b) Disqualifies any widow with a dependent as an employee of any

officer or board in this state, or any of its counties, townships,

municipalities or school districts.

4. A person employed contrary to the provisions of this section must

not be compensated for the employment.

5. Any person violating any provisions of this section is guilty of a

gross misdemeanor.

Sec. 87. NRS 281.210 is hereby amended to read as follows: