SB118

Senate Bill No. 118–Committee on Judiciary

CHAPTER........

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:

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

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

be executed by delivering the defendant into the custody of the sheriff or

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

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

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

officer shall, upon discharging the defendant, return such copy to the

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

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

from the defendant in payment of the fine.

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

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

state prison has been pronounced, triplicate certified copies of the [~~entry~~

~~thereof in the minutes,]~~ judgment of conviction, attested by the clerk under

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

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

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

except when a judgment of death is rendered.

[~~2. The judgment of imprisonment must include:~~

(a) The plea;

(b) The verdict or finding;

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

the minimum term and maximum term of imprisonment or the definite term

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

fine, restitution or administrative assessment, a reference to the statute

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

eligibility for parole, the applicable provision of the statute; and

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

~~before conviction, if any.]~~

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

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

the sheriff of the county shall, on receipt of the triplicate certified copies

~~[thereof,]~~ of the judgment of conviction, immediately notify the director of

the department of prisons 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 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 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. 4. 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 [~~entry thereof in the minutes of the court]~~ 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 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 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.