Senate Bill No. 118–Committee on Judiciary

(On Behalf of Department of Prisons)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Requires use of judgment of conviction as warrant or authority for execution of sentence. (BDR 14-453)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to judgments of conviction; requiring the use of the judgment of conviction as the warrant or authority for the execution of a sentence; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 176.315 is hereby amended to read as follows:

1-2 176.315 A judgment of imprisonment to be served in a county jail must

1-3 be executed by delivering the defendant into the custody of the sheriff or

1-4 other officer in charge of the county jail. A copy of the judgment [,] of

1-5 conviction, duly certified by the judge or justice, is a sufficient warrant for

1-6 the doing of every act necessary or proper in the due execution thereof. The

1-7 officer shall, upon discharging the defendant, return such copy to the

1-8 justice, with an account of his doings endorsed thereon, and must at the

1-9 same time pay over to the justice all money which he may have received

1-10 from the defendant in payment of the fine.

1-11 Sec. 2. NRS 176.325 is hereby amended to read as follows:

1-12 176.325 [1.] When a judgment of imprisonment to be served in the

1-13 state prison has been pronounced, triplicate certified copies of the [entry

1-14 thereof in the minutes,] judgment of conviction, attested by the clerk under

1-15 the seal of the court, must forthwith be furnished to the officers whose duty

1-16 it is to execute the judgment, as provided by NRS 176.335, and no other

2-1 warrant or authority is necessary to justify or require the execution thereof,

2-2 except when a judgment of death is rendered.

2-3 [2. The judgment of imprisonment must include:

2-4 (a) The plea;

2-5 (b) The verdict or finding;

2-6 (c) The adjudication and sentence, including the date of the sentence,

2-7 the minimum term and maximum term of imprisonment or the definite term

2-8 of imprisonment, if one is provided by statute, the amount and terms of any

2-9 fine, restitution or administrative assessment, a reference to the statute

2-10 under which the defendant is sentenced and, if necessary to determine

2-11 eligibility for parole, the applicable provision of the statute; and

2-12 (d) The exact amount of credit granted for time spent in confinement

2-13 before conviction, if any.]

2-14 Sec. 3. NRS 176.335 is hereby amended to read as follows:

2-15 176.335 1. If [the] a judgment is for imprisonment in the state prison,

2-16 the sheriff of the county shall, on receipt of the triplicate certified copies

2-17 [thereof,] of the judgment of conviction, immediately notify the director of

2-18 the department of prisons and the director shall, without delay, send some

2-19 authorized person to the county where the prisoner is held for commitment

2-20 to receive the prisoner.

2-21 2. When such an authorized person presents to the sheriff holding the

2-22 prisoner his order for the delivery of the prisoner, the sheriff shall deliver to

2-23 the authorized person two of the certified copies of the judgment of

2-24 conviction and a copy of the report of the presentence investigation if

2-25 required pursuant to NRS 176.159, and take from the person a receipt for

2-26 the prisoner, and the sheriff shall make return upon his certified copy of the

2-27 judgment [,] of conviction, showing his proceedings thereunder, and both

2-28 that copy with the return affixed thereto and the receipt from the authorized

2-29 person must be filed with the county clerk.

2-30 3. The term of imprisonment designated in the judgment of conviction

2-31 must begin on the date of sentence of the prisoner by the court.

2-32 4. Upon the expiration of the term of imprisonment of the prisoner, or

2-33 the termination thereof for any legal reason, the director of the department

2-34 of prisons shall return one of his certified copies of the judgment of

2-35 conviction to the county clerk of the county from whence it was issued,

2-36 with a brief report of his proceedings thereunder endorsed thereon, and the

2-37 endorsed copy must be filed with the county clerk. The return must show

2-38 the cause of the termination of such imprisonment, whether by death, legal

2-39 discharge or otherwise.

2-40 Sec. 4. NRS 176.345 is hereby amended to read as follows:

2-41 176.345 1. When a judgment of death has been pronounced, a

2-42 certified copy of the [entry thereof in the minutes of the court] judgment of

2-43 conviction must be forthwith executed and attested in triplicate by the clerk

3-1 under the seal of the court. There must be attached to the triplicate copies a

3-2 warrant signed by the judge, attested by the clerk, under the seal of the

3-3 court, which:

3-4 (a) Recites the fact of the conviction and judgment;

3-5 (b) Appoints a week, the first day being Monday and the last day being

3-6 Sunday, within which the judgment is to be executed, which must not be

3-7 less than 60 days nor more than 90 days from the time of judgment; and

3-8 (c) Directs the sheriff to deliver the prisoner to such authorized person

3-9 as the director of the department of prisons designates to receive the

3-10 prisoner, for execution. The prison must be designated in the warrant.

3-11 2. The original of the triplicate copies of the judgment of conviction

3-12 and warrant must be filed in the office of the county clerk, and two of the

3-13 triplicate copies must be immediately delivered by the clerk to the sheriff of

3-14 the county. One of the triplicate copies must be delivered by the sheriff,

3-15 with the prisoner, to such authorized person as the director of the

3-16 department of prisons designates, and is the warrant and authority of the

3-17 director for the imprisonment and execution of the prisoner, as therein

3-18 provided and commanded. The director shall return his certified copy of the

3-19 judgment of conviction to the county clerk of the county in which it was

3-20 issued. The other triplicate copy is the warrant and authority of the sheriff

3-21 to deliver the prisoner to the authorized person designated by the director.

3-22 The final triplicate copy must be returned to the county clerk by the sheriff

3-23 with his proceedings endorsed thereon.

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