(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 193
Senate Bill No. 193–Committee on Judiciary
February 16, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning department of prisons. (BDR 16‑311)
FISCAL NOTE: Effect on Local Government: No.
~
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 the department of prisons; requiring the director to establish a system for offender management in each institution and facility of the department; requiring the director to develop and implement a program of facility training for correctional staff in each institution and facility of the department.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 209 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 1.3 and 1.7 of this act.
1-3 Sec. 1.3. The director shall establish, with the approval of the board,
1-4 a system for offender management, to be implemented in each institution
1-5 and facility of the department, which consists of structured living
1-6 programs for offenders and the management of units by the staff, with
1-7 levels of custody, security and privileges and opportunities for offenders
1-8 based upon the assessed needs of the offenders as determined by their
1-9 initial and ongoing classification and evaluation.
1-10 Sec. 1.7. The director shall develop and implement, in each
1-11 institution and facility of the department, a program of facility training
1-12 for the correctional staff.
1-13 Sec. 2. NRS 209.051 is hereby amended to read as follows:
1-14 209.051 “Department” means the department of [prisons.] corrections.
1-15 Sec. 3. NRS 209.061 is hereby amended to read as follows:
1-16 209.061 “Director” means the director of the department . [of prisons.]
1-17 Sec. 4. NRS 209.101 is hereby amended to read as follows:
1-18 209.101 1. The department of [prisons] corrections is hereby
1-19 created.
1-20 2. The head of the department is the board of state prison
1-21 commissioners.
2-1 3. The governor is the president of the board. The secretary of state is
2-2 the secretary of the board.
2-3 4. Any two members of the board constitute a quorum for the
2-4 transaction of business.
2-5 5. The secretary shall keep full and correct records of all the
2-6 transactions and proceedings of the board.
2-7 Sec. 5. NRS 209.136 is hereby amended to read as follows:
2-8 209.136 The director of the department [of prisons] shall notify the
2-9 senate standing committee on finance and the assembly standing
2-10 committee on ways and means during a regular or special session of the
2-11 legislature and the interim finance committee when the legislature is not in
2-12 session of any:
2-13 1. Negotiations entered into by the department to resolve any potential
2-14 or existing litigation which could have a fiscal effect that exceeds the
2-15 amount budgeted for that purpose by the legislature; and
2-16 2. Plans regarding the location of any prison facility or institution.
2-17 Sec. 6. NRS 209.151 is hereby amended to read as follows:
2-18 209.151 1. The director shall appoint an assistant director for
2-19 industrial programs who:
2-20 (a) Is responsible to the director for the administration of all industrial,
2-21 vocational and agricultural programs for the employment of offenders,
2-22 except conservation camps and centers for the purpose of making
2-23 restitution; and
2-24 (b) Shall enforce all policies and regulations of the department relating
2-25 to industrial, vocational and agricultural programs.
2-26 2. The director shall appoint an assistant director for offender
2-27 management who:
2-28 (a) Is responsible to the director for the administration of all
2-29 programs concerning the education, training, rehabilitation, treatment
2-30 and development of skills of offenders and all programs concerning
2-31 services for victims and families of offenders; and
2-32 (b) Shall enforce all policies and regulations of the department
2-33 relating to the programs described in paragraph (a).
2-34 3. In addition to the assistant [director] directors appointed pursuant to
2-35 [subsection 1,] subsections 1 and 2, the director shall appoint such other
2-36 assistant directors as are necessary.
2-37 [3.] 4. The assistant directors are in the classified service of the state
2-38 except for purposes of retention.
2-39 [4.] 5. During any absence of the director, he shall designate an
2-40 assistant director or a warden to act as director of the department without
2-41 increase in salary.
2-42 [5.] 6. The assistant directors shall carry out such administrative
2-43 duties as may be assigned to them by the director and shall not engage in
2-44 any other gainful employment or occupation.
2-45 Sec. 7. NRS 209.153 is hereby amended to read as follows:
2-46 209.153 The assistant director for industrial programs appointed
2-47 pursuant to subsection 1 of NRS 209.151 [is] and the assistant director for
2-48 offender management appointed pursuant to subsection 2 of NRS
2-49 209.151 are entitled to receive the same retirement benefits as police
3-1 officers and firemen employed by public employers. For this purpose, the
3-2 provisions of chapter 286 of NRS governing the retirement benefits of
3-3 police officers and firemen apply to the assistant director [.] for industrial
3-4 programs and the assistant director for offender management.
3-5 Sec. 8. NRS 209.183 is hereby amended to read as follows:
3-6 209.183 In addition to his regular salary, each person employed by the
3-7 department of [prisons] corrections or the division of forestry of the state
3-8 department of conservation and natural resources at the Southern Nevada
3-9 Correctional Center, the Southern Desert Correctional Center, the Indian
3-10 Springs Conservation Camp, the correctional institution identified as the
3-11 Men’s Prison No. 7 in chapter 656, Statutes of Nevada 1995, and chapter
3-12 478, Statutes of Nevada 1997, or the Jean Conservation Camp is entitled to
3-13 receive, as compensation for travel expenses, not more than $7.50 for each
3-14 day he reports to work if his residence is more than 25 miles from the
3-15 respective facility. The total cost for compensation for travel expenses
3-16 authorized by this section must not exceed the amount specially
3-17 appropriated for this purpose.
3-18 Sec. 9. NRS 209.189 is hereby amended to read as follows:
3-19 209.189 1. The fund for prison industries is hereby created as an
3-20 enterprise fund to receive all revenues derived from programs for
3-21 vocational training and employment of offenders and the operation of the
3-22 prison farm and to receive all revenues raised by the department from
3-23 private employers for the leasing of space, facilities or equipment within
3-24 the institutions or facilities of the department . [of prisons.]
3-25 2. Money in the fund must be maintained in separate budgetary
3-26 accounts, including at least one account for industrial programs and one for
3-27 the prison farm.
3-28 3. Subject to the approval of the state board of examiners, the director
3-29 may expend money deposited in this fund for the promotion and
3-30 development of these programs and the prison farm. The director shall
3-31 expend money deposited in this fund to pay the premiums required for
3-32 coverage of offenders under the modified program of industrial insurance
3-33 adopted pursuant to NRS 616B.028.
3-34 4. The interest and income earned on the money in the fund, after
3-35 deducting any applicable charges, must be credited to the fund.
3-36 5. If money owed to the department for the leasing of space, facilities
3-37 or equipment within the institutions or facilities of the department or for
3-38 the purchase of goods or services, which must be deposited into the fund
3-39 for prison industries pursuant to subsection 1, is not paid on or before the
3-40 date due, the department shall charge and collect, in addition to the money
3-41 due, interest on the money due at the rate of 1.5 percent per month or
3-42 fraction thereof from the date on which the money became due until the
3-43 date of payment.
3-44 Sec. 10. NRS 209.248 is hereby amended to read as follows:
3-45 209.248 1. The department [of prisons] shall establish in any insured
3-46 bank, credit union or savings and loan association doing business in this
3-47 state an account for disbursements to offenders. The balance in the account
3-48 must not exceed $600,000. Money in the account may be expended only
3-49 for the payment of transactions involving offenders’ trust funds.
4-1 2. Payments made from the account for disbursements to offenders
4-2 must be promptly reimbursed from money in the appropriate fund on
4-3 deposit with the state treasurer.
4-4 Sec. 11. NRS 209.274 is hereby amended to read as follows:
4-5 209.274 1. Except as otherwise provided in this section, when an
4-6 offender is required or requested to appear before a court in this state, the
4-7 department [of prisons] shall transport the offender to and from court on
4-8 the day scheduled for his appearance.
4-9 2. If notice is not provided within the time set forth in NRS 50.215, the
4-10 department shall transport the offender to court on the date scheduled for
4-11 his appearance if it is possible to transport the offender in the usual manner
4-12 for the transportation of offenders by the department. If it is not possible
4-13 for the department to transport the offender in the usual manner:
4-14 (a) The department shall make the offender available on the date
4-15 scheduled for his appearance to provide testimony by telephone or by
4-16 video, if so requested by the court.
4-17 (b) The department shall provide for special transportation of the
4-18 offender to and from the court, if the court so orders. If the court orders
4-19 special transportation, it shall order the county in which the court is located
4-20 to reimburse the department for any cost incurred for the special
4-21 transportation.
4-22 (c) The court may order the county sheriff to transport the offender to
4-23 and from the court at the expense of the county.
4-24 Sec. 12. NRS 209.382 is hereby amended to read as follows:
4-25 209.382 1. The state health officer shall periodically examine and
4-26 shall report to the board semiannually upon the following operations of the
4-27 department : [of prisons:]
4-28 (a) The medical and dental services and places where they are provided,
4-29 based upon the standards for medical facilities as provided in chapter 449
4-30 of NRS.
4-31 (b) The nutritional adequacy of the diet of incarcerated offenders taking
4-32 into account the religious or medical dietary needs of an offender and the
4-33 adjustment of dietary allowances for age, sex and level of activity.
4-34 (c) The sanitation, healthfulness, cleanliness and safety of its various
4-35 institutions and facilities.
4-36 2. The board shall take appropriate action to remedy any deficiencies
4-37 reported [under] pursuant to subsection 1.
4-38 Sec. 13. NRS 209.429 is hereby amended to read as follows:
4-39 209.429 1. Except as otherwise provided in subsection 6, the director
4-40 shall assign an offender to the custody of the division of parole and
4-41 probation of the department of motor vehicles and public safety to serve a
4-42 term of residential confinement, pursuant to NRS 213.380, for not longer
4-43 than the remainder of the maximum term of his sentence if:
4-44 (a) The offender has:
4-45 (1) Established a position of employment in the community;
4-46 (2) Enrolled in a program for education or rehabilitation; or
4-47 (3) Demonstrated an ability to pay for all or part of the costs of his
4-48 confinement and to meet any existing obligation for restitution to any
4-49 victim of his crime;
5-1 (b) The offender has successfully completed the initial period of
5-2 treatment required under the program of treatment established pursuant to
5-3 NRS 209.425; and
5-4 (c) The director believes that the offender will be able to:
5-5 (1) Comply with the terms and conditions required under residential
5-6 confinement; and
5-7 (2) Complete successfully the remainder of the program of treatment
5-8 while under residential confinement.
5-9 If an offender assigned to the program of treatment pursuant to NRS
5-10 209.427, completes the initial phase of the program and thereafter refuses
5-11 to enter the remainder of the program of treatment pursuant to this section,
5-12 the offender forfeits all or part of the credits earned by him to reduce his
5-13 sentence pursuant to this chapter before this refusal, as determined by the
5-14 director. The director may provide for a forfeiture of credits pursuant to
5-15 this paragraph only after proof of the offense and notice to the offender,
5-16 and may restore credits forfeited for such reasons as he considers proper.
5-17 The decision of the director regarding such a forfeiture is final.
5-18 2. Before a person may be assigned to serve a term of residential
5-19 confinement pursuant to this section, he must submit to the division of
5-20 parole and probation a signed document stating that:
5-21 (a) He will comply with the terms or conditions of his residential
5-22 confinement; and
5-23 (b) If he fails to comply with the terms or conditions of his residential
5-24 confinement and is taken into custody outside of this state, he waives all
5-25 his rights relating to extradition proceedings.
5-26 3. If an offender assigned to the custody of the division of parole and
5-27 probation pursuant to this section escapes or violates any of the terms or
5-28 conditions of his residential confinement:
5-29 (a) The division of parole and probation may, pursuant to the procedure
5-30 set forth in NRS 213.410, return the offender to the custody of the
5-31 department . [of prisons.]
5-32 (b) The offender forfeits all or part of the credits earned by him to
5-33 reduce his sentence pursuant to this chapter before the escape or violation,
5-34 as determined by the director. The director may provide for a forfeiture of
5-35 credits pursuant to this paragraph only after proof of the offense and notice
5-36 to the offender, and may restore credits forfeited for such reasons as he
5-37 considers proper. The decision of the director regarding forfeiture of
5-38 credits is final.
5-39 4. The assignment of an offender to the custody of the division of
5-40 parole and probation pursuant to this section shall be deemed:
5-41 (a) A continuation of his imprisonment and not a release on parole; and
5-42 (b) For the purposes of NRS 209.341, an assignment to a facility of the
5-43 department , [of prisons,]
5-44 except that the offender is not entitled to obtain any benefits or to
5-45 participate in any programs provided to offenders in the custody of the
5-46 department . [of prisons.]
5-47 5. A person does not have a right to be assigned to the custody of the
5-48 division of parole and probation pursuant to this section, or to remain in
5-49 that custody after such an assignment, and it is not intended that the
6-1 provisions of this section or of NRS 213.371 to 213.410, inclusive, create
6-2 any right or interest in liberty or property or establish a basis for any cause
6-3 of action against the state, its political subdivisions, agencies, boards,
6-4 commissions, departments, officers or employees.
6-5 6. The director shall not assign an offender who is serving a sentence
6-6 for committing a battery which constitutes domestic violence pursuant to
6-7 NRS 33.018 to the custody of the division of parole and probation to serve
6-8 a term of residential confinement unless the director makes a finding that
6-9 the offender is not likely to pose a threat to the victim of the battery.
6-10 Sec. 14. NRS 209.481 is hereby amended to read as follows:
6-11 209.481 1. The director shall not assign any prisoner to an institution
6-12 or facility of minimum security if the prisoner:
6-13 (a) Except as otherwise provided in NRS 484.3792 and 484.3795, is not
6-14 eligible for parole or release from prison within a reasonable period;
6-15 (b) Has recently committed a serious infraction of the rules of an
6-16 institution or facility of the department ; [of prisons;]
6-17 (c) Has not performed the duties assigned to him in a faithful and
6-18 orderly manner;
6-19 (d) Has been convicted of a sexual offense;
6-20 (e) Has committed an act of serious violence during the previous year;
6-21 or
6-22 (f) Has attempted to escape or has escaped from an institution of the
6-23 department . [of prisons.]
6-24 2. The director shall, by regulation, establish procedures for classifying
6-25 and selecting qualified prisoners.
6-26 Sec. 15. NRS 209.4813 is hereby amended to read as follows:
6-27 209.4813 1. The advisory board on industrial programs is hereby
6-28 created.
6-29 2. The advisory board consists of the director of the department , [of
6-30 prisons,] the chief of the purchasing division of the department of
6-31 administration and eight members appointed by the interim finance
6-32 committee as follows:
6-33 (a) Two members of the senate.
6-34 (b) Two members of the assembly.
6-35 (c) Two persons who represent manufacturing in this state.
6-36 (d) One person who represents business in this state.
6-37 (e) One person who represents organized labor in this state.
6-38 3. The members of the advisory board shall select a chairman from
6-39 among their membership.
6-40 4. Each member of the advisory board appointed by the interim
6-41 finance committee must be appointed to a term of 2 years and may be
6-42 reappointed.
6-43 5. Except during a regular or special session of the legislature, each
6-44 legislator who is a member of the advisory board is entitled to receive the
6-45 compensation provided for a majority of the members of the legislature
6-46 during the first 60 days of the preceding regular session for each day or
6-47 portion of a day during which he attends a meeting of the advisory board or
6-48 is otherwise engaged in the work of the advisory board. Each
6-49 nonlegislative member appointed by the interim finance committee is
7-1 entitled to receive compensation for his service on the advisory board in
7-2 the same amount and manner as the legislative members whether or not the
7-3 legislature is in session. Each nonlegislative member of the advisory board
7-4 is entitled to receive the per diem allowance and travel expenses provided
7-5 for state officers and employees generally. Each legislator who is a
7-6 member of the advisory board is entitled to receive the per diem allowance
7-7 provided for state officers and employees generally and the travel expenses
7-8 provided pursuant to NRS 218.2207. All compensation, allowances and
7-9 travel expenses must be paid from the fund for prison industries.
7-10 Sec. 16. NRS 209.521 is hereby amended to read as follows:
7-11 209.521 1. If a victim of an offender provides his current address to
7-12 the director and makes a written request for notification of the offender’s
7-13 release or escape, the director shall notify the victim if the offender:
7-14 (a) Will be released into the community for the purpose of employment,
7-15 training or education, or for any other purpose for which release is
7-16 authorized; or
7-17 (b) Has escaped from the custody of the department . [of prisons.]
7-18 2. An offender must not be temporarily released into the community
7-19 for any purpose unless notification of the release has been given to every
7-20 victim of the offender who has requested notification and has provided his
7-21 current address.
7-22 3. The director may not be held responsible for any injury proximately
7-23 caused by his failure to give any notice required pursuant to subsection 1 or
7-24 2 if no address was provided to the director or the address provided is
7-25 inaccurate or not current.
7-26 4. All personal information, including, but not limited to, a current or
7-27 former address, which pertains to a victim and which is received by the
7-28 director pursuant to this section is confidential.
7-29 5. As used in this section, “victim” has the meaning ascribed to it in
7-30 NRS 213.005.
7-31 Sec. 17. NRS 211.040 is hereby amended to read as follows:
7-32 211.040 1. Payment of expenses and the method of transporting a
7-33 prisoner from a county jail to an institution or facility of the department of
7-34 [prisons] corrections must be as provided in chapter 209 of NRS. When a
7-35 prisoner is transferred from the county jail to such an institution or facility,
7-36 the sheriff shall provide the director of the department of [prisons]
7-37 corrections with a written report pertaining to the medical, psychiatric,
7-38 behavioral or criminal aspects of the prisoner’s history. This report may be
7-39 based upon observations of the prisoner while confined in the county jail
7-40 and must note in particular any medication or medical treatment
7-41 administered in the jail, including the type, dosage and frequency of
7-42 administration.
7-43 2. Except as provided in subsection 1, the sheriff, personally or by his
7-44 deputy, or by one or more of his jailers, shall transfer all prisoners within
7-45 his county to whatever place of imprisonment the sentence of the court
7-46 may require, at as early a date after the sentence as practicable. For that
7-47 purpose the board of county commissioners shall pay all necessary costs,
7-48 charges and expenses of the prisoner or prisoners, and of the officer or
8-1 officers having charge thereof, to which must be added mileage for each
8-2 officer, at the rate of 20 cents per mile, one way only.
8-3 3. The provisions of subsection 2 apply in cases where prisoners are
8-4 taken from county jails to be tried in any courts in other counties.
8-5 Sec. 18. NRS 212.030 is hereby amended to read as follows:
8-6 212.030 1. When any prisoner escapes from an institution or facility
8-7 of the department of [prisons,] corrections, the director of the department
8-8 may issue a warrant for the recapture of the escaped prisoner. The warrant
8-9 is effective in any county in this state, and may command the sheriff of any
8-10 county in this state, or any constable thereof, or any police officer of any
8-11 city in this state, to arrest the prisoner and return him to the director.
8-12 2. When any prisoner escapes from a jail, branch county jail or other
8-13 local detention facility, the sheriff, chief of police or other officer
8-14 responsible for the operation of the facility may issue a warrant for the
8-15 recapture of the escaped prisoner. The warrant is effective in any county in
8-16 this state, and may command the sheriff of any county in this state, or any
8-17 constable thereof, or any police officer of any city in this state, to arrest the
8-18 prisoner and return him to the officer who issued the warrant.
8-19 Sec. 19. NRS 212.040 is hereby amended to read as follows:
8-20 212.040 1. If an escape is not the result of carelessness,
8-21 incompetency or other official delinquency of the director or other officers
8-22 of the department of [prisons,] corrections, all expenses of enforcing the
8-23 provisions of NRS 212.030 or appertaining to the recapture and return of
8-24 escaped convicts are a charge against the state, and must be paid out of the
8-25 reserve for statutory contingency account upon approval by the state board
8-26 of examiners.
8-27 2. Except as otherwise provided in NRS 211.060, all expenses of
8-28 enforcing the provisions of NRS 212.030 or appertaining to the recapture
8-29 and return of escaped convicts are a charge against the county, city or other
8-30 local government responsible for the operation of that facility.
8-31 Sec. 20. NRS 212.150 is hereby amended to read as follows:
8-32 212.150 1. A person shall not visit, or in any manner communicate
8-33 with, any prisoner convicted of or charged with any felony, imprisoned in
8-34 the county jail, other than the officer having such prisoner in charge, his
8-35 attorney, or the district attorney, unless the person has a written permission
8-36 so to do, signed by the district attorney, or has the consent of the director of
8-37 the department of [prisons] corrections or the constable or sheriff having
8-38 such prisoner in charge.
8-39 2. Any person violating, aiding in, conniving at, or participating in the
8-40 violation of this section is guilty of a gross misdemeanor.
8-41 Sec. 21. NRS 212.160 is hereby amended to read as follows:
8-42 212.160 1. A person, who is not authorized by law, who knowingly
8-43 furnishes, attempts to furnish, or aids or assists in furnishing or attempting
8-44 to furnish to a prisoner confined in an institution of the department of
8-45 [prisons,] corrections, or any other place where prisoners are authorized to
8-46 be or are assigned by the director of the department, any deadly weapon,
8-47 explosive, a facsimile of a firearm or an explosive, any controlled
8-48 substance or intoxicating liquor, shall be punished:
9-1 (a) Where a deadly weapon, controlled substance, explosive or a
9-2 facsimile of a firearm or explosive is involved, for a category B felony by
9-3 imprisonment in the state prison for a minimum term of not less than 1 year
9-4 and a maximum term of not more than 6 years, and may be further
9-5 punished by a fine of not more than $5,000.
9-6 (b) Where an intoxicant is involved, for a gross misdemeanor.
9-7 2. Knowingly leaving or causing to be left any deadly weapon,
9-8 explosive, facsimile of a firearm or explosive, controlled substance or
9-9 intoxicating liquor where it may be obtained by any prisoner constitutes,
9-10 within the meaning of this section, the furnishing of the article to the
9-11 prisoner.
9-12 3. A prisoner confined in an institution of the department of [prisons,]
9-13 corrections, or any other place where prisoners are authorized to be or are
9-14 assigned by the director of the department, who possesses a controlled
9-15 substance without lawful authorization is guilty of a category D felony and
9-16 shall be punished as provided in NRS 193.130.
9-17 Sec. 22. NRS 212.180 is hereby amended to read as follows:
9-18 212.180 It is unlawful for any person, unless he was licensed to sell
9-19 alcoholic beverages at that address before July 1, 1983, to sell by wholesale
9-20 or retail any alcoholic beverage within one-half mile of any institution
9-21 under the jurisdiction of the department of [prisons] corrections which is
9-22 designed to house 125 or more offenders within a secure perimeter, and no
9-23 license may be granted authorizing the sale of any alcoholic beverage
9-24 within one-half mile of such an institution.
9-25 Sec. 23. NRS 213.020 is hereby amended to read as follows:
9-26 213.020 1. Any person intending to apply to have a fine or forfeiture
9-27 remitted, or a punishment commuted, or a pardon granted, or someone in
9-28 his behalf, shall make out a notice and four copies in writing of the
9-29 application, specifying therein:
9-30 (a) The court in which the judgment was rendered;
9-31 (b) The amount of the fine or forfeiture, or kind or character of
9-32 punishment;
9-33 (c) The name of the person in whose favor the application is to be made;
9-34 (d) The particular grounds upon which the application will be based;
9-35 and
9-36 (e) The time when it will be presented.
9-37 2. Two of the copies must be served upon the district attorney and one
9-38 upon the district judge of the county wherein the conviction was had. The
9-39 fourth copy must be served upon the director of the department of [prisons]
9-40 corrections and the original must be filed with the clerk of the board. In
9-41 cases of fines and forfeitures a similar notice must also be served on the
9-42 chairman of the board of county commissioners of the county wherein the
9-43 conviction was had.
9-44 3. The notice must be served, as provided in this section, at least 30
9-45 days before the presentation of the application, unless a member of the
9-46 board, for good cause, prescribes a shorter time.
9-47 Sec. 24. NRS 213.100 is hereby amended to read as follows:
9-48 213.100 Whenever clemency is granted by the board, there shall be
9-49 served upon the director of the department of [prisons] corrections or other
10-1 officer having the person in custody, an order to discharge him therefrom
10-2 upon a day to be named in the order, upon the conditions, limitations or
10-3 restrictions named therein.
10-4 Sec. 25. NRS 213.1088 is hereby amended to read as follows:
10-5 213.1088 1. The department of motor vehicles and public safety in
10-6 conjunction with the department of [prisons] corrections shall establish a
10-7 program of orientation that:
10-8 (a) Each member of the board shall attend upon appointment to a first
10-9 term; and
10-10 (b) Each person named by the board to the list of persons eligible to
10-11 serve as a case hearing representative pursuant to NRS 213.135 shall attend
10-12 upon being named to the list. A person named to the list may not serve as a
10-13 case hearing representative until the person completes the program of
10-14 orientation.
10-15 2. The program of orientation must include a minimum of 40 hours of
10-16 training. The information presented during the program of orientation must
10-17 include, but is not limited to:
10-18 (a) A historical perspective of parole, including the objectives of and
10-19 reasons for using parole within the criminal justice system;
10-20 (b) The role and function of the board within the criminal justice
10-21 system;
10-22 (c) The responsibilities of members of the board and case hearing
10-23 representatives;
10-24 (d) The goals and objectives of the board;
10-25 (e) The programs administered by the board;
10-26 (f) The policies and procedures of the board; and
10-27 (g) The laws and regulations governing parole, including the standards
10-28 for granting, denying, revoking and continuing parole.
10-29 3. The chairman of the board shall develop a written plan for the
10-30 continuing education of members of the board and case hearing
10-31 representatives. The plan must require that:
10-32 (a) Each member of the board shall attend not less than 16 hours of
10-33 courses for continuing education during each year of the member’s term.
10-34 (b) Each case hearing representative shall attend not less than 16 hours
10-35 of courses for continuing education during each year that the representative
10-36 is on the list of persons eligible to serve as a case hearing representative.
10-37 4. A member of the board or a case hearing representative may meet
10-38 the requirement for continuing education by successfully completing
10-39 courses in any combination of the following subjects:
10-40 (a) The role and function of the board within the criminal justice
10-41 system;
10-42 (b) Changes in the law, including judicial decisions affecting parole;
10-43 (c) Developing skills in communicating, making decisions and solving
10-44 problems;
10-45 (d) The interpretation and use of research, data and reports;
10-46 (e) Correctional policies and programs, including programs for the
10-47 treatment of prisoners and parolees;
10-48 (f) Alternative punishments for disobedience;
10-49 (g) The selection of prisoners for parole;
11-1 (h) The supervision of parolees;
11-2 (i) The designation of and programs for repeating or professional
11-3 offenders;
11-4 (j) Problems related to gangs;
11-5 (k) The abuse of alcohol and drugs;
11-6 (l) The acquired immune deficiency syndrome;
11-7 (m) Domestic violence; and
11-8 (n) Mental illness and mental retardation.
11-9 5. The board shall, within the limits of legislative appropriations, pay
11-10 the expenses of members of the board and case hearing representatives
11-11 attending courses for continuing education.
11-12 Sec. 26. NRS 213.1099 is hereby amended to read as follows:
11-13 213.1099 1. Except as otherwise provided in this section and NRS
11-14 213.1214 and 213.1215, the board may release on parole a prisoner who is
11-15 otherwise eligible for parole pursuant to NRS 213.107 to 213.157,
11-16 inclusive.
11-17 2. In determining whether to release a prisoner on parole, the board
11-18 shall consider:
11-19 (a) Whether there is a reasonable probability that the prisoner will live
11-20 and remain at liberty without violating the laws;
11-21 (b) Whether the release is incompatible with the welfare of society;
11-22 (c) The seriousness of the offense and the history of criminal conduct of
11-23 the prisoner;
11-24 (d) The standards adopted pursuant to NRS 213.10885 and the
11-25 recommendation, if any, of the chief; and
11-26 (e) Any documents or testimony submitted by a victim notified pursuant
11-27 to NRS 213.130.
11-28 3. When a person is convicted of a felony and is punished by a
11-29 sentence of imprisonment, he remains subject to the jurisdiction of the
11-30 board from the time he is released on parole under the provisions of this
11-31 chapter until the expiration of the maximum term of imprisonment imposed
11-32 by the court less any credits earned to reduce his sentence pursuant to
11-33 chapter 209 of NRS.
11-34 4. Except as otherwise provided in NRS 213.1215, the board may not
11-35 release on parole a prisoner whose sentence to death or to life without
11-36 possibility of parole has been commuted to a lesser penalty unless it finds
11-37 that the prisoner has served at least 20 consecutive years in the state prison,
11-38 is not under an order to be detained to answer for a crime or violation of
11-39 parole or probation in another jurisdiction, and that he does not have a
11-40 history of:
11-41 (a) Recent misconduct in the institution, and that he has been
11-42 recommended for parole by the director of the department of [prisons;]
11-43 corrections;
11-44 (b) Repetitive criminal conduct;
11-45 (c) Criminal conduct related to the use of alcohol or drugs;
11-46 (d) Repetitive sexual deviance, violence or aggression; or
11-47 (e) Failure in parole, probation, work release or similar programs.
12-1 5. In determining whether to release a prisoner on parole pursuant to
12-2 this section, the board shall not consider whether the prisoner will soon be
12-3 eligible for release pursuant to NRS 213.1215.
12-4 6. The board shall not release on parole an offender convicted of an
12-5 offense listed in NRS 179D.410 until the law enforcement agency in whose
12-6 jurisdiction the offender will be released on parole has been provided an
12-7 opportunity to give the notice required by the attorney general pursuant to
12-8 NRS 179D.600 to 179D.800, inclusive.
12-9 Sec. 27. NRS 213.115 is hereby amended to read as follows:
12-10 213.115 Notwithstanding the provisions of any other law, any prisoner
12-11 may be released conditionally on parole at the request of the appropriate
12-12 authority of another jurisdiction for prosecution for any crime of a
12-13 magnitude equal to or greater than that for which he was imprisoned, as
12-14 determined by the severity of the sentences for the two crimes. If after such
12-15 conditional parole and prosecution by another jurisdiction the prisoner is
12-16 found not guilty of the crime as charged he must, pursuant to the board’s
12-17 written order, be returned to the actual custody of the department of
12-18 [prisons] corrections and shall serve such part of the unexpired term of his
12-19 original sentence as may be determined by the board.
12-20 Sec. 28. NRS 213.1214 is hereby amended to read as follows:
12-21 213.1214 1. The board shall not release on parole a prisoner
12-22 convicted of an offense listed in subsection 5 unless a panel consisting of:
12-23 (a) The administrator of the division of mental health and
12-24 developmental services of the department of human resources or his
12-25 designee;
12-26 (b) The director of the department of [prisons] corrections or his
12-27 designee; and
12-28 (c) A psychologist licensed to practice in this state or a psychiatrist
12-29 licensed to practice medicine in this state,
12-30 certifies that the prisoner was under observation while confined in an
12-31 institution of the department of [prisons] corrections and is not a menace to
12-32 the health, safety or morals of others.
12-33 2. A prisoner who has been certified pursuant to subsection 1 and who
12-34 returns for any reason to the custody of the department of [prisons]
12-35 corrections may not be paroled unless a panel recertifies him in the manner
12-36 set forth in subsection 1.
12-37 3. The panel may revoke the certification of a prisoner certified
12-38 pursuant to subsection 1 at any time.
12-39 4. This section does not create a right in any prisoner to be certified or
12-40 continue to be certified. No prisoner may bring a cause of action against
12-41 the state, its political subdivisions, agencies, boards, commissions,
12-42 departments, officers or employees for not certifying or refusing to place a
12-43 prisoner before a panel for certification pursuant to this section.
12-44 5. The provisions of this section apply to a prisoner convicted of any
12-45 of the following offenses:
12-46 (a) Sexual assault pursuant to NRS 200.366.
12-47 (b) Statutory sexual seduction pursuant to NRS 200.368.
12-48 (c) Battery with intent to commit sexual assault pursuant to NRS
12-49 200.400.
13-1 (d) Abuse or neglect of a child pursuant to NRS 200.508.
13-2 (e) An offense involving pornography and a minor pursuant to NRS
13-3 200.710 to 200.730, inclusive.
13-4 (f) Incest pursuant to NRS 201.180.
13-5 (g) Solicitation of a minor to engage in acts constituting the infamous
13-6 crime against nature pursuant to NRS 201.195.
13-7 (h) Open or gross lewdness pursuant to NRS 201.210.
13-8 (i) Indecent or obscene exposure pursuant to NRS 201.220.
13-9 (j) Lewdness with a child pursuant to NRS 201.230.
13-10 (k) Sexual penetration of a dead human body pursuant to NRS 201.450.
13-11 (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k),
13-12 inclusive.
13-13 (m) Coercion or attempted coercion that is determined to be sexually
13-14 motivated pursuant to NRS 207.193.
13-15 Sec. 29. NRS 213.130 is hereby amended to read as follows:
13-16 213.130 1. The department of [prisons] corrections shall:
13-17 (a) Determine when a prisoner sentenced to imprisonment in the state
13-18 prison is eligible to be considered for parole;
13-19 (b) Notify the state board of parole commissioners of the eligibility of
13-20 the prisoner to be considered for parole; and
13-21 (c) Before a meeting to consider the prisoner for parole, compile and
13-22 provide to the board data that will assist the board in determining whether
13-23 parole should be granted.
13-24 2. If a prisoner is being considered for parole from a sentence imposed
13-25 for conviction of a crime which involved the use of force or violence
13-26 against a victim and which resulted in bodily harm to a victim and if
13-27 original or duplicate photographs that depict the injuries of the victim or
13-28 the scene of the crime were admitted at the trial of the prisoner or were part
13-29 of the report of the presentence investigation and are reasonably available,
13-30 a representative sample of such photographs must be included with the
13-31 information submitted to the board at the meeting. A prisoner may not
13-32 bring a cause of action against the State of Nevada, its political
13-33 subdivisions, agencies, boards, commissions, departments, officers or
13-34 employees for any action that is taken pursuant to this subsection or for
13-35 failing to take any action pursuant to this subsection, including, without
13-36 limitation, failing to include photographs or including only certain
13-37 photographs. As used in this subsection, “photograph” includes any video,
13-38 digital or other photographic image.
13-39 3. Meetings to consider prisoners for parole may be held semiannually
13-40 or more often, on such dates as may be fixed by the board. All meetings
13-41 must be open to the public.
13-42 4. Not later than 5 days after the date on which the board fixes the date
13-43 of the meeting to consider a prisoner for parole, the board shall notify the
13-44 victim of the prisoner who is being considered for parole of the date of the
13-45 meeting and of his rights pursuant to this subsection, if the victim has
13-46 requested notification in writing and has provided his current address or if
13-47 the victim’s current address is otherwise known by the board. The victim
13-48 of a prisoner being considered for parole may submit documents to the
13-49 board and may testify at the meeting held to consider the prisoner for
14-1 parole. A prisoner must not be considered for parole until the board has
14-2 notified any victim of his rights pursuant to this subsection and he is given
14-3 the opportunity to exercise those rights. If a current address is not provided
14-4 to or otherwise known by the board, the board must not be held responsible
14-5 if such notification is not received by the victim.
14-6 5. The board may deliberate in private after a public meeting held to
14-7 consider a prisoner for parole.
14-8 6. The board of state prison commissioners shall provide suitable and
14-9 convenient rooms or space for use of the board.
14-10 7. If a victim is notified of a meeting to consider a prisoner for parole
14-11 pursuant to subsection 4, the board shall, upon making a final decision
14-12 concerning the parole of the prisoner, notify the victim of its final decision.
14-13 8. All personal information, including, but not limited to, a current or
14-14 former address, which pertains to a victim and which is received by the
14-15 board pursuant to this section is confidential.
14-16 9. For the purposes of this section, “victim” has the meaning ascribed
14-17 to it in NRS 213.005.
14-18 Sec. 30. NRS 213.1511 is hereby amended to read as follows:
14-19 213.1511 1. Before a parolee who has been arrested and is in custody
14-20 for a violation of his parole may be returned to the custody of the
14-21 department of [prisons] corrections for that violation, an inquiry must be
14-22 conducted to determine whether there is probable cause to believe that he
14-23 has committed acts that would constitute such a violation.
14-24 2. The inquiry must be conducted before an inquiring officer who:
14-25 (a) Is not directly involved in the case;
14-26 (b) Has not made the report of the violation; and
14-27 (c) Has not recommended revocation of the parole,
14-28 but he need not be a judicial officer.
14-29 3. Except in a case where the parolee is a fugitive, the inquiry must be
14-30 held at or reasonably near the place of the alleged violation or the arrest
14-31 and within 15 working days after the arrest.
14-32 4. Any conviction for violating a federal or state law or a local
14-33 ordinance, except a minor traffic offense, which is committed while the
14-34 prisoner is on parole constitutes probable cause for the purposes of
14-35 subsection 1 and the inquiry required therein need not be held.
14-36 5. For the purposes of this section, the inquiring officer may
14-37 administer oaths.
14-38 Sec. 31. NRS 213.1517 is hereby amended to read as follows:
14-39 213.1517 1. Where the inquiring officer has determined that there is
14-40 probable cause for a hearing by the board, the chief may, after
14-41 consideration of the case and pending the next meeting of the board:
14-42 (a) Release the arrested parolee again upon parole;
14-43 (b) Order the parolee to be placed in residential confinement in
14-44 accordance with the provisions of NRS 213.15193, 213.15195 and
14-45 213.15198; or
14-46 (c) Suspend his parole and return him to confinement.
14-47 2. The chief shall take whichever action under subsection 1 he deems
14-48 appropriate within:
14-49 (a) Fifteen days if the prisoner was paroled by the board.
15-1 (b) Thirty days if the prisoner was paroled by the authority of another
15-2 state and is under supervision in this state pursuant to NRS 213.180 to
15-3 213.210, inclusive. This paragraph does not apply to a parolee who is
15-4 retaken by an officer of the sending state.
15-5 3. If a determination has been made that probable cause exists for the
15-6 continued detention of a paroled prisoner, the board shall consider the
15-7 prisoner’s case within 60 days after his return to the custody of the
15-8 department of [prisons] corrections or his placement in residential
15-9 confinement pursuant to subsection 1.
15-10 Sec. 32. NRS 213.1518 is hereby amended to read as follows:
15-11 213.1518 1. If a parolee violates a condition of his parole, he forfeits
15-12 all or part of the credits earned by him pursuant to NRS 209.447 after his
15-13 release on parole, in the discretion of the board.
15-14 2. A forfeiture may be made only by the board after proof of the
15-15 violation and notice to the parolee.
15-16 3. The board may restore credits forfeited for such reasons as it
15-17 considers proper.
15-18 4. The chief parole and probation officer shall report to the director of
15-19 the department of [prisons] corrections any forfeiture or restoration of
15-20 credits pursuant to this section.
15-21 Sec. 33. NRS 213.300 is hereby amended to read as follows:
15-22 213.300 1. The department of [prisons] corrections shall establish
15-23 and administer a program of work release under which a person sentenced
15-24 to a term of imprisonment in an institution of the department may be
15-25 granted the privilege of leaving secure custody during necessary and
15-26 reasonable hours to:
15-27 (a) Work in this state at gainful private employment that has been
15-28 approved by the director of the department for that purpose.
15-29 (b) Obtain in this state additional education, including vocational,
15-30 technical and general education.
15-31 2. The program may also include temporary leave for the purpose of
15-32 seeking employment in this state.
15-33 3. The director is responsible for the quartering and supervision of
15-34 offenders enrolled in the program.
15-35 Sec. 34. NRS 213.310 is hereby amended to read as follows:
15-36 213.310 1. The director of the department of [prisons] corrections
15-37 shall, by appropriate means of classification and selection, determine
15-38 which of the offenders, during the last 6 months’ confinement, are suitable
15-39 for the program of work release, excluding those sentenced to life
15-40 imprisonment who are not eligible for parole and those imprisoned for
15-41 violations of chapter 201 of NRS who have not been certified by the
15-42 designated board as eligible for parole.
15-43 2. The director shall then select the names of those offenders he
15-44 determines to be eligible for the program.
15-45 Sec. 35. NRS 213.315 is hereby amended to read as follows:
15-46 213.315 1. Except as otherwise provided in this section, an offender
15-47 who is illiterate is not eligible to participate in a program of work release
15-48 unless:
16-1 (a) He is regularly attending and making satisfactory progress in a
16-2 program for general education; or
16-3 (b) The director for good cause determines that the limitation on
16-4 eligibility should be waived under the circumstances with respect to a
16-5 particular offender.
16-6 2. An offender whose:
16-7 (a) Native language is not English;
16-8 (b) Ability to read and write in his native language is at or above the
16-9 level of literacy designated by the board of state prison commissioners in
16-10 its regulations; and
16-11 (c) Ability to read and write the English language is below the level of
16-12 literacy designated by the board of state prison commissioners in its
16-13 regulations,
16-14 may not be assigned to an industrial or a vocational program unless he is
16-15 regularly attending and making satisfactory progress in a course which
16-16 teaches English as a second language or the director for good cause
16-17 determines that the limitation on eligibility should be waived under the
16-18 circumstances with respect to a particular offender.
16-19 3. Upon written documentation that an illiterate offender has a
16-20 developmental, learning or other similar disability which affects his ability
16-21 to learn, the director of the department of [prisons] corrections may:
16-22 (a) Adapt or create an educational program or guidelines for evaluating
16-23 the educational progress of the offender to meet his particular needs; or
16-24 (b) Exempt the offender from the required participation in an
16-25 educational program prescribed by this section.
16-26 4. The provisions of this section do not apply to an offender who:
16-27 (a) Presents satisfactory evidence that he has a high school or general
16-28 equivalency diploma; or
16-29 (b) Is admitted into a program of work release for the purpose of
16-30 obtaining additional education in this state.
16-31 5. As used in this section, “illiterate” means having an ability to read
16-32 and write that is below the level of literacy designated by the board of state
16-33 prison commissioners in its regulations.
16-34 Sec. 36. NRS 213.320 is hereby amended to read as follows:
16-35 213.320 1. The director of the department of [prisons] corrections
16-36 shall administer the program of work release and shall:
16-37 (a) Locate employment for qualified applicants;
16-38 (b) Effect placement of offenders under the program; and
16-39 (c) Generally promote public understanding and acceptance of the
16-40 program.
16-41 2. All state agencies shall cooperate with the director in carrying out
16-42 this section to such extent as is consistent with their other lawful duties.
16-43 3. The director shall adopt rules for administering the program.
16-44 Sec. 37. NRS 213.340 is hereby amended to read as follows:
16-45 213.340 1. The director of the department of [prisons] corrections
16-46 may contract with the governing bodies of political subdivisions in this
16-47 state for quartering in suitable local facilities the offenders enrolled in
16-48 programs of work release. Each such facility must satisfy standards
17-1 established by the director to assure secure custody of offenders quartered
17-2 therein.
17-3 2. The director shall not enroll any offender in the program of work
17-4 release unless he has determined that suitable facilities for quartering the
17-5 offender are available in the locality where the offender has employment or
17-6 the offer of employment.
17-7 Sec. 38. NRS 213.350 is hereby amended to read as follows:
17-8 213.350 1. An offender enrolled in the program of work release is
17-9 not an agent, employee or servant of the department of [prisons]
17-10 corrections while he is:
17-11 (a) Working in the program or seeking such employment; or
17-12 (b) Going to such employment from the place where he is quartered or
17-13 returning therefrom.
17-14 2. An offender enrolled in the program is considered to be an offender
17-15 in an institution of the department of [prisons.] corrections.
17-16 Sec. 39. NRS 213.360 is hereby amended to read as follows:
17-17 213.360 1. The director of the department of [prisons] corrections
17-18 may immediately terminate any offender’s enrollment in the program of
17-19 work release and transfer him to an institution of the department of
17-20 [prisons] corrections if, in his judgment, the best interests of the state or
17-21 the offender require such action.
17-22 2. If an offender enrolled in the program is absent from his place of
17-23 employment or his designated quarters without a reason acceptable to the
17-24 director, the offender’s absence:
17-25 (a) Immediately terminates his enrollment in the program.
17-26 (b) Constitutes an escape from prison, and the offender shall be
17-27 punished as provided in NRS 212.090.
17-28 Sec. 40. NRS 213.390 is hereby amended to read as follows:
17-29 213.390 The chief parole and probation officer shall:
17-30 1. Furnish to an offender a written statement of the terms and
17-31 conditions of his residential confinement;
17-32 2. Instruct the offender regarding those terms and conditions; and
17-33 3. Advise the director of the department of [prisons] corrections of any
17-34 violation of those terms and conditions and of the escape of the offender.
17-35 Sec. 41. NRS 213.410 is hereby amended to read as follows:
17-36 213.410 1. Whenever it is alleged that an offender has escaped or
17-37 otherwise violated the terms or conditions of his residential confinement,
17-38 the division shall conduct an inquiry to determine whether the offender has
17-39 committed acts that would constitute such an escape or violation.
17-40 2. An offender may be returned to the custody of the department of
17-41 [prisons] corrections pending the completion of the inquiry conducted by
17-42 the division pursuant to the provisions of this section.
17-43 3. The inquiry must be conducted before an inquiring officer who:
17-44 (a) Is not directly involved in the case;
17-45 (b) Has not made the report of the escape or violation; and
17-46 (c) Has not recommended the return of the offender to the custody of
17-47 the department of [prisons.] corrections.
18-1 4. The inquiring officer shall:
18-2 (a) Provide the offender with notice of the inquiry and of the acts
18-3 alleged to constitute his escape or violation of a term or condition of his
18-4 residential confinement, and with an opportunity to be heard on the matter.
18-5 (b) Upon completion of the inquiry, submit to the chief parole and
18-6 probation officer his findings and recommendation regarding the
18-7 disposition of the custody of the offender.
18-8 5. After considering the findings and recommendation of the inquiring
18-9 officer, the chief parole and probation officer shall determine the
18-10 disposition of the custody of the offender. The decision of the chief parole
18-11 and probation officer is final.
18-12 6. Before a final determination is made to return an offender to the
18-13 custody of the department of [prisons,] corrections, the division shall
18-14 provide the offender with a copy of the findings of the inquiring officer.
18-15 Sec. 42. NRS 6.020 is hereby amended to read as follows:
18-16 6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the
18-17 following-named persons, and no others except as otherwise provided in
18-18 subsections 2 and 3, are exempt from service as grand or trial jurors:
18-19 (a) Any federal or state officer.
18-20 (b) Any judge, justice of the peace or attorney at law.
18-21 (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff,
18-22 constable or police officer.
18-23 (d) Any locomotive engineer, locomotive fireman, conductor,
18-24 brakeman, switchman or engine foreman.
18-25 (e) Any officer or correctional officer employed by the department of
18-26 [prisons.] corrections.
18-27 (f) Any employee of the legislature or the legislative counsel bureau
18-28 while the legislature is in session.
18-29 (g) Any physician, optometrist or dentist who is licensed to practice in
18-30 this state.
18-31 (h) Any person who has a fictitious address pursuant to NRS 217.462 to
18-32 217.471, inclusive.
18-33 2. All persons of the age of 70 years or over are exempt from serving
18-34 as grand or trial jurors. Whenever it appears to the satisfaction of the court,
18-35 by affidavit or otherwise, that a juror is over the age of 70 years, the court
18-36 shall order the juror excused from all service as a grand or trial juror, if the
18-37 juror so desires.
18-38 3. A person who is the age of 65 years or over who lives 65 miles or
18-39 more from the court is exempt from serving as a grand or trial juror.
18-40 Whenever it appears to the satisfaction of the court, by affidavit or
18-41 otherwise, that a juror is the age of 65 years or over and lives 65 miles or
18-42 more from the court, the court shall order the juror excused from all service
18-43 as a grand or trial juror, if the juror so desires.
18-44 Sec. 43. NRS 34.735 is hereby amended to read as follows:
18-45 34.735 A petition must be in substantially the following form, with
18-46 appropriate modifications if the petition is filed in the supreme court:
19-1 Case No.............
19-2 Dept. No.............
19-3 IN THE ............... JUDICIAL DISTRICT COURT OF THE
19-4 STATE OF NEVADA IN AND FOR THE COUNTY OF..............
19-5 ..........................
19-6 Petitioner,
19-7 v. PETITION FOR WRIT
19-8 OF HABEAS CORPUS
19-9 (POST-CONVICTION)
19-10 ..........................
19-11 Respondent.
19-12 INSTRUCTIONS:
19-13 (1) This petition must be legibly handwritten or typewritten, signed by
19-14 the petitioner and verified.
19-15 (2) Additional pages are not permitted except where noted or with
19-16 respect to the facts which you rely upon to support your grounds for relief.
19-17 No citation of authorities need be furnished. If briefs or arguments are
19-18 submitted, they should be submitted in the form of a separate
19-19 memorandum.
19-20 (3) If you want an attorney appointed, you must complete the Affidavit
19-21 in Support of Request to Proceed in Forma Pauperis. You must have an
19-22 authorized officer at the prison complete the certificate as to the amount of
19-23 money and securities on deposit to your credit in any account in the
19-24 institution.
19-25 (4) You must name as respondent the person by whom you are confined
19-26 or restrained. If you are in a specific institution of the department of
19-27 [prisons,] corrections, name the warden or head of the institution. If you
19-28 are not in a specific institution of the department but within its custody,
19-29 name the director of the department of [prisons.] corrections.
19-30 (5) You must include all grounds or claims for relief which you may
19-31 have regarding your conviction or sentence. Failure to raise all grounds in
19-32 this petition may preclude you from filing future petitions challenging your
19-33 conviction and sentence.
19-34 (6) You must allege specific facts supporting the claims in the petition
19-35 you file seeking relief from any conviction or sentence. Failure to allege
19-36 specific facts rather than just conclusions may cause your petition to be
19-37 dismissed. If your petition contains a claim of ineffective assistance of
19-38 counsel, that claim will operate to waive the attorney-client privilege for
19-39 the proceeding in which you claim your counsel was ineffective.
19-40 (7) When the petition is fully completed, the original and one copy must
19-41 be filed with the clerk of the state district court for the county in which you
19-42 were convicted. One copy must be mailed to the respondent, one copy to
19-43 the attorney general’s office, and one copy to the district attorney of the
19-44 county in which you were convicted or to the original prosecutor if you are
19-45 challenging your original conviction or sentence. Copies must conform in
19-46 all particulars to the original submitted for filing.
20-1 PETITION
20-2 1. Name of institution and county in which you are presently
20-3 imprisoned or where and how you are presently
restrained of your
liberty: .....................................................................
20-4 ............................................................................
20-5 2. Name and location of court which entered the judgment of
20-6 conviction under attack: .......................................
20-7 ............................................................................
20-8 3. Date of judgment of conviction:
20-9 4. Case number:
20-10 5. (a) Length of sentence:
20-11 ...........................................................................
20-12 (b) If sentence is death, state any date upon which execution is
20-13 scheduled: ..........................................................
20-14 6. Are you presently serving a sentence for a conviction other than the
20-15 conviction under attack in this motion? Yes ........ No ........
20-16 If “yes,” list crime, case number and sentence being served at this time: ..........................................
20-17 ...........................................................................
20-18 ...........................................................................
20-19 ...........................................................................
20-20 7. Nature of offense involved in conviction being challenged: ..............................................................
20-21 ...........................................................................
20-22 8. What was your plea? (check one)
20-23 (a) Not guilty ........
20-24 (b) Guilty ........
20-25 (c) Guilty but mentally ill .......
20-26 (d) Nolo contendere ........
20-27 9. If you entered a plea of guilty or guilty but mentally ill to one count
20-28 of an indictment or information, and a plea of not guilty to another count of
20-29 an indictment or information, or if a plea of guilty or guilty but mentally ill
20-30 was negotiated, give details: .................................
20-31 ...........................................................................
20-32 ...........................................................................
20-33 10. If you were found guilty after a plea of not guilty, was the finding
20-34 made by: (check one)
20-35 (a) Jury ........
20-36 (b) Judge without a jury ........
20-37 11. Did you testify at the trial? Yes ........ No ........
20-38 12. Did you appeal from the judgment of
conviction? Yes ........
No ........
20-39 13. If you did appeal, answer the following:
20-40 (a) Name of court: ..............................................
20-41 (b) Case number or citation: ...............................
20-42 (c) Result: ..........................................................
20-43 (d) Date of result: ...............................................
20-44 (Attach copy of order or decision, if available.)
20-45 14. If you did not appeal, explain briefly why you did not: ...................................................................
20-46 ...........................................................................
20-47 ...........................................................................
21-1 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 ........
21-2 16. If your answer to No. 15 was “yes,” give the following
21-3 information: .........................................................
21-4 (a)(1) Name of court: ..........................................
21-5 (2) Nature of proceeding: .................................
21-6 ............................................................................
21-7 (3) Grounds raised: ..........................................
21-8 ............................................................................
21-9 ............................................................................
21-10 (4) Did you receive an evidentiary hearing on your petition,
21-11 application or motion? Yes ........ No ........
21-12 (5) Result: .......................................................
21-13 (6) Date of result: .............................................
21-14 (7) If known, citations of any written opinion or date of orders
21-15 entered pursuant to such result: ............................
21-16 ...........................................................................
21-17 (b) As to any second petition, application or motion, give the same
21-18 information:
21-19 (1) Name of court: ...........................................
21-20 (2) Nature of proceeding: .................................
21-21 (3) Grounds raised: ..........................................
21-22 (4) Did you receive an evidentiary hearing on your petition,
21-23 application or motion? Yes ........ No ........
21-24 (5) Result: .......................................................
21-25 (6) Date of result: .............................................
21-26 (7) If known, citations of any written opinion or date of orders
21-27 entered pursuant to such result: ............................
21-28 ...........................................................................
21-29 (c) As to any third or subsequent additional applications or motions,
21-30 give the same information as above, list them on a separate sheet and
21-31 attach.
21-32 (d) Did you appeal to the highest state or federal court having
21-33 jurisdiction, the result or action taken on any petition, application or
21-34 motion?
21-35 (1) First petition, application or motion? Yes ........ No ........
21-36 Citation or date of decision: ..........................
21-37 (2) Second petition, application or motion? Yes ........ No .........
21-38 Citation or date of decision: ..........................
21-39 (3) Third or
subsequent petitions, applications or motions?
Yes ....... No ........
21-40 Citation or date of decision: ..........................
21-41 (e) If you did not appeal from the adverse action on any petition,
21-42 application or motion, explain briefly why you did not. (You must relate
21-43 specific facts in response to this question. Your response may be included
21-44 on paper which is 8 1/2 by 11 inches attached to the petition. Your
22-1 response may not exceed five handwritten or
typewritten pages in
length.) ....................................................................
22-2 ............................................................................
22-3 ............................................................................
22-4 17. Has any ground being raised in this petition been previously
22-5 presented to this or any other court by way of petition for habeas corpus,
22-6 motion, application or any other post-conviction proceeding? If so,
22-7 identify:
22-8 (a) Which of the grounds is the same: .................
22-9 ............................................................................
22-10 (b) The proceedings in which these grounds were raised:
22-11 ...........................................................................
22-12 (c) Briefly explain why you are again raising these grounds. (You must
22-13 relate specific facts in response to this question. Your response may be
22-14 included on paper which is 8 1/2 by 11 inches attached to the petition.
22-15 Your response may not exceed five handwritten or typewritten pages in
22-16 length.) ...............................................................
22-17 ...........................................................................
22-18 18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed
22-19 on any additional pages you have attached, were not previously presented
22-20 in any other court, state or federal, list briefly what grounds were not so
22-21 presented, and give your reasons for not presenting them. (You must relate
22-22 specific facts in response to this question. Your response may be included
22-23 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
22-24 length.) ...............................................................
22-25 ...........................................................................
22-26 19. Are you filing this petition more than 1 year following the filing of
22-27 the judgment of conviction or the filing of a decision on direct appeal? If
22-28 so, state briefly the reasons for the delay. (You must relate specific facts in
22-29 response to this question. Your response may be included on paper which
22-30 is 8 1/2 by 11 inches attached to the petition. Your response may not
22-31 exceed five handwritten or typewritten pages in length.) ....................................................................
22-32 ...........................................................................
22-33 20. Do you have any petition or appeal now pending in any court,
22-34 either state or federal, as to the judgment under attack? Yes ........ No ........
22-35 If yes, state what court and the case number: ........
22-36 ...........................................................................
22-37 21. Give the name of each attorney who represented you in the
22-38 proceeding resulting in your conviction and on direct appeal: ...........................................................
22-39 ...........................................................................
22-40 22. Do you have any future sentences to serve after you complete the
22-41 sentence imposed by the judgment under attack? Yes ........ No ........
22-42 If yes, specify where and when it is to be served, if you know: ...............................................................
22-43 ...........................................................................
22-44 23. State concisely every ground on which you claim that you are
22-45 being held unlawfully. Summarize briefly the facts supporting each
22-46 ground. If necessary you may attach pages stating additional grounds and
22-47 facts supporting same.
23-1 (a) Ground one: .................................................
23-2 ............................................................................
23-3 Supporting FACTS (Tell your story briefly without
citing cases or
law.): .......................................................................
23-4 ............................................................................
23-5 ............................................................................
23-6 (b) Ground two: .................................................
23-7 ............................................................................
23-8 Supporting FACTS (Tell your story briefly without
citing cases or
law.): .......................................................................
23-9 ............................................................................
23-10 ...........................................................................
23-11 (c) Ground three: ...............................................
23-12 ...........................................................................
23-13 Supporting FACTS (Tell your story briefly without
citing cases or
law.): .......................................................................
23-14 ...........................................................................
23-15 ...........................................................................
23-16 (d) Ground four: ................................................
23-17 ...........................................................................
23-18 Supporting FACTS (Tell your story briefly without
citing cases or
law.): .......................................................................
23-19 ...........................................................................
23-20 ...........................................................................
23-21 WHEREFORE, petitioner prays that the court grant petitioner relief to
23-22 which he may be entitled in this proceeding.
23-23 EXECUTED at ................... on the ....... day of the month of ....... of the
23-24 year .......
23-25 ................................
23-26 Signature of petitioner
23-27 ................................
23-28 Address
23-29 .................................
23-30 Signature of attorney (if any)
23-31 .................................
23-32 Attorney for petitioner
23-33 .................................
23-34 Address
23-35 VERIFICATION
23-36 Under penalty of perjury, the undersigned declares that he is the
23-37 petitioner named in the foregoing petition and knows the contents thereof;
23-38 that the pleading is true of his own knowledge, except as to those matters
23-39 stated on information and belief, and as to such matters he believes them to
23-40 be true.
23-41 ................................
23-42 Petitioner
23-43 ................................
23-44 Attorney for petitioner
24-1 CERTIFICATE OF SERVICE BY MAIL
24-2 I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on
24-3 this ........ day of the month of ........ of the year ........, I mailed a true and
24-4 correct copy of the foregoing PETITION FOR WRIT OF HABEAS
24-5 CORPUS addressed to:
24-6 ................................................
24-7 Respondent prison or jail official
24-8 ................................................
24-9 Address
24-10 ................................................
24-11 Attorney General
24-12 Heroes’ Memorial Building
24-13 Capitol Complex
24-14 Carson City, Nevada 89710
24-15 ................................................
24-16 District Attorney of County of Conviction
24-17 ................................................
24-18 Address
24-19 ................................................
24-20 Signature of Petitioner
24-21 Sec. 44. NRS 41.0307 is hereby amended to read as follows:
24-22 41.0307 As used in NRS 41.0305 to 41.039, inclusive:
24-23 1. “Employee” includes an employee of a:
24-24 (a) Part-time or full-time board, commission or similar body of the state
24-25 or a political subdivision of the state which is created by law.
24-26 (b) Charter school.
24-27 2. “Employment” includes any services performed by an immune
24-28 contractor.
24-29 3. “Immune contractor” means any natural person, professional
24-30 corporation or professional association which:
24-31 (a) Is an independent contractor with the state pursuant to NRS 284.173;
24-32 and
24-33 (b) Contracts to provide medical services for the department of
24-34 [prisons.] corrections.
24-35 As used in this subsection, “professional corporation” and “professional
24-36 association” have the meanings ascribed to them in NRS 89.020.
24-37 4. “Public officer” or “officer” includes:
24-38 (a) A member of a part-time or full-time board, commission or similar
24-39 body of the state or a political subdivision of the state which is created by
24-40 law.
24-41 (b) A public defender and any deputy or assistant attorney of a public
24-42 defender or an attorney appointed to defend a person for a limited duration
24-43 with limited jurisdiction.
24-44 (c) A district attorney and any deputy or assistant district attorney or an
24-45 attorney appointed to prosecute a person for a limited duration with limited
24-46 jurisdiction.
25-1 Sec. 45. NRS 41.0322 is hereby amended to read as follows:
25-2 41.0322 1. A person who is or was in the custody of the department
25-3 of [prisons] corrections may not proceed with any action against the
25-4 department or any of its agents, former officers, employees or contractors
25-5 to recover compensation for the loss of his personal property, property
25-6 damage, personal injuries or any other claim arising out of a tort pursuant
25-7 to NRS 41.031 unless the person has exhausted his administrative remedies
25-8 provided by NRS 209.243 and the regulations adopted pursuant thereto.
25-9 2. The filing of an administrative claim pursuant to NRS 209.243 is
25-10 not a condition precedent to the filing of an action pursuant to NRS 41.031.
25-11 3. An action filed by a person in accordance with this section before
25-12 the exhaustion of his administrative remedies must be stayed by the court
25-13 in which the action is filed until the administrative remedies are exhausted.
25-14 The court shall dismiss the action if the person has not timely filed his
25-15 administrative claim pursuant to NRS 209.243.
25-16 4. If a person has exhausted his administrative remedies and has filed
25-17 and is proceeding with a civil action to recover compensation for the loss
25-18 of his personal property, property damage, personal injuries or any other
25-19 claim arising out of a tort, the office of the attorney general must initiate
25-20 and conduct all negotiations for settlement relating to that action.
25-21 Sec. 46. NRS 50.215 is hereby amended to read as follows:
25-22 50.215 1. A person imprisoned in the state prison or in a county jail
25-23 may be examined as a witness in the district court pursuant to this section.
25-24 The examination may only be made on motion of a party upon affidavit
25-25 showing the nature of the action or proceeding, the testimony expected
25-26 from the witness, and its materiality.
25-27 2. In a civil action, if the witness is imprisoned in the county where the
25-28 action or proceeding is pending, his production may be required by the
25-29 court or judge. In all other cases his examination, when allowed, must be
25-30 taken upon deposition.
25-31 3. In a criminal action, an order for that purpose may be made by the
25-32 district court or district judge, at chambers, and executed by the sheriff of
25-33 the county where the action is pending. Except as otherwise provided by
25-34 NRS 209.274, the judge may order the sheriff to bring the prisoner before
25-35 the court at the expense of the state or at the expense of the defendant.
25-36 4. If a person imprisoned in the state prison is required or requested to
25-37 appear as a witness in any action, the department of [prisons] corrections
25-38 must be notified in writing:
25-39 (a) Not less than 7 business days before the date scheduled for his
25-40 appearance in court if the offender is incarcerated:
25-41 (1) In a prison located not more than 65 miles from Carson City;
25-42 (2) In a prison located not more than 40 miles from Las Vegas; or
25-43 (3) In a prison located not more than 95 miles from Ely.
25-44 (b) Not less than 14 business days before the date scheduled for his
25-45 appearance in court if the offender is incarcerated in a prison which is
25-46 located at a distance which exceeds those specified in paragraph (a).
26-1 Sec. 47. NRS 176.0127 is hereby amended to read as follows:
26-2 176.0127 1. The department of [prisons] corrections shall:
26-3 (a) Provide the commission with any available statistical information or
26-4 research requested by the commission and assist the commission in the
26-5 compilation and development of information requested by the commission,
26-6 including, but not limited to, information or research concerning the
26-7 facilities and institutions of the department of [prisons,] corrections, the
26-8 offenders who are or were within those facilities or institutions and the
26-9 sentences which are being served or were served by those offenders;
26-10 (b) If requested by the commission, make available to the commission
26-11 the use of the computers and programs which are owned by the department
26-12 of [prisons;] corrections; and
26-13 (c) Provide the independent contractor retained by the department of
26-14 administration pursuant to NRS 176.0129 with any available statistical
26-15 information requested by the independent contractor for the purpose of
26-16 performing the projections required by NRS 176.0129.
26-17 2. The division shall:
26-18 (a) Provide the commission with any available statistical information or
26-19 research requested by the commission and assist the commission in the
26-20 compilation and development of information concerning sentencing,
26-21 probation, parole and any offenders who are or were subject to supervision
26-22 by the division;
26-23 (b) If requested by the commission, make available to the commission
26-24 the use of the computers and programs which are owned by the division;
26-25 and
26-26 (c) Provide the independent contractor retained by the department of
26-27 administration pursuant to NRS 176.0129 with any available statistical
26-28 information requested by the independent contractor for the purpose of
26-29 performing the projections required by NRS 176.0129.
26-30 Sec. 48. NRS 176.0129 is hereby amended to read as follows:
26-31 176.0129 The department of administration shall, on an annual basis,
26-32 contract for the services of an independent contractor, in accordance with
26-33 the provisions of NRS 284.173, to:
26-34 1. Review sentences imposed in this state and the practices of the state
26-35 board of parole commissioners and project annually the number of persons
26-36 who will be:
26-37 (a) In a facility or institution of the department of [prisons;]
26-38 corrections;
26-39 (b) On probation;
26-40 (c) On parole; and
26-41 (d) Serving a term of residential confinement,
26-42 during the 10 years immediately following the date of the projection; and
26-43 2. Review preliminary proposals and information provided by the
26-44 commission and project annually the number of persons who will be:
26-45 (a) In a facility or institution of the department of [prisons;]
26-46 corrections;
26-47 (b) On probation;
26-48 (c) On parole; and
26-49 (d) Serving a term of residential confinement,
27-1 during the 10 years immediately following the date of the projection,
27-2 assuming the preliminary proposals were recommended by the commission
27-3 and enacted by the legislature.
27-4 Sec. 49. NRS 176.045 is hereby amended to read as follows:
27-5 176.045 1. Whenever a person convicted of a public offense in this
27-6 state is under sentence of imprisonment pronounced by another
27-7 jurisdiction, federal or state, whether or not the prior sentence is for the
27-8 same offense, the court in imposing any sentence for the offense committed
27-9 in this state may, in its discretion, provide that such sentence shall run
27-10 either concurrently or consecutively with the prior sentence.
27-11 2. If the court provides that the sentence shall run concurrently, and the
27-12 defendant is released by the other jurisdiction prior to the expiration of the
27-13 sentence imposed in this state, the defendant shall be returned to the State
27-14 of Nevada to serve out the balance of such sentence, unless the defendant is
27-15 eligible for parole under the provisions of chapter 213 of NRS, and the
27-16 board of parole commissioners directs that he be released on parole as
27-17 provided in that chapter.
27-18 3. If the court makes an order pursuant to this section, the clerk of the
27-19 court shall provide the director of the department of [prisons] corrections
27-20 with a certified copy of judgment and notification of the place of out-of-
27-21 state confinement.
27-22 4. If the court makes no order pursuant to this section, the sentence
27-23 imposed in this state shall not begin until the expiration of all prior
27-24 sentences imposed by other jurisdictions.
27-25 Sec. 50. NRS 176.0913 is hereby amended to read as follows:
27-26 176.0913 1. If a defendant is convicted of an offense listed in
27-27 subsection 4, the court, at sentencing, shall order that:
27-28 (a) The name, social security number, date of birth and any other
27-29 information identifying the defendant be submitted to the central repository
27-30 for Nevada records of criminal history; and
27-31 (b) Samples of blood be obtained from the defendant pursuant to the
27-32 provisions of this section and that the samples be used for an analysis to
27-33 determine the genetic markers of the blood.
27-34 2. If the defendant is committed to the custody of the department of
27-35 [prisons,] corrections, the department of [prisons] corrections shall arrange
27-36 for the samples of blood to be obtained from the defendant. The
27-37 department of [prisons] corrections shall provide the samples of blood to
27-38 the forensic laboratory that has been designated by the county in which the
27-39 defendant was convicted to conduct or oversee genetic marker testing for
27-40 the county pursuant to NRS 176.0917.
27-41 3. If the defendant is not committed to the custody of the department
27-42 of [prisons,] corrections, the division shall arrange for the samples of
27-43 blood to be obtained from the defendant. The division shall provide the
27-44 samples of blood to the forensic laboratory that has been designated by the
27-45 county in which the defendant was convicted to conduct or oversee genetic
27-46 marker testing for the county pursuant to NRS 176.0917. Any cost that is
27-47 incurred to obtain the samples of blood from the defendant pursuant to this
27-48 subsection is a charge against the county in which the defendant was
27-49 convicted and must be paid as provided in NRS 176.0915.
28-1 4. The provisions of subsection 1 apply to a defendant who is
28-2 convicted of any of the following offenses:
28-3 (a) A crime against a child as defined in NRS 179D.210.
28-4 (b) A sexual offense as defined in NRS 179D.410.
28-5 (c) Murder, manslaughter or any other unlawful killing pursuant to NRS
28-6 200.010 to 200.260, inclusive.
28-7 (d) Mayhem pursuant to NRS 200.280.
28-8 (e) Administering poison or another noxious or destructive substance or
28-9 liquid with intent to cause death pursuant to NRS 200.390.
28-10 (f) Battery with intent to commit a crime pursuant to NRS 200.400.
28-11 (g) Battery which is committed with the use of a deadly weapon or
28-12 which results in substantial bodily harm pursuant to NRS 200.481.
28-13 (h) Abuse or neglect of an older person pursuant to NRS 200.5099.
28-14 (i) A second or subsequent offense for stalking pursuant to NRS
28-15 200.575.
28-16 (j) Burglary pursuant to NRS 205.060.
28-17 (k) Invasion of the home pursuant to NRS 205.067.
28-18 (l) An attempt to commit an offense listed in this subsection.
28-19 Sec. 51. NRS 176.127 is hereby amended to read as follows:
28-20 176.127 1. If a court accepts a plea of guilty but mentally ill pursuant
28-21 to NRS 174.041, the court shall, before imposing sentence, afford the
28-22 defendant an opportunity to present evidence of his present mental
28-23 condition. If the defendant claims that he is mentally ill at the time of
28-24 sentencing, the burden of proof is upon the defendant to establish that fact
28-25 by a preponderance of the evidence.
28-26 2. If the defendant has been ordered to the custody of the department
28-27 of [prisons,] corrections, the court may order the department to cause an
28-28 examination of the defendant to be conducted to determine his mental
28-29 condition, and may receive the evidence of any expert witness offered by
28-30 the defendant or the prosecuting attorney.
28-31 3. If the court finds:
28-32 (a) That the defendant is not mentally ill at the time of sentencing, it
28-33 shall impose any sentence that it is authorized to impose upon a defendant
28-34 who pleads or is found guilty of the same offense.
28-35 (b) By a preponderance of the evidence that the defendant is mentally ill
28-36 at the time of sentencing, it shall impose any sentence that it is authorized
28-37 to impose upon a defendant who pleads or is found guilty of the same
28-38 offense and include in that sentence an order that the defendant, during the
28-39 period of his confinement or probation, be given such treatment as is
28-40 available for his mental illness if the court determines that the relative risks
28-41 and benefits of the available treatment are such that a reasonable person
28-42 would consent to such treatment. The treatment must be provided by the
28-43 department of [prisons.] corrections.
28-44 Sec. 52. NRS 176.159 is hereby amended to read as follows:
28-45 176.159 1. Except as otherwise provided in subsection 2, when a
28-46 court imposes a sentence of imprisonment in the state prison or revokes a
28-47 program of probation and orders a sentence of imprisonment to the state
28-48 prison to be executed, the court shall cause a copy of the report of the
28-49 presentence investigation to be delivered to the director of the department
29-1 of [prisons,] corrections, if such a report was made. The report must be
29-2 delivered when the judgment of imprisonment is delivered pursuant to
29-3 NRS 176.335.
29-4 2. If a presentence investigation and report were not required pursuant
29-5 to paragraph (b) of subsection 3 of NRS 176.135 or pursuant to subsection
29-6 1 of NRS 176.151, the court shall cause a copy of the previous report of the
29-7 presentence investigation or a copy of the report of the general
29-8 investigation, as appropriate, to be delivered to the director of the
29-9 department of [prisons] corrections in the manner provided pursuant to
29-10 subsection 1.
29-11 Sec. 53. NRS 176.335 is hereby amended to read as follows:
29-12 176.335 1. If a judgment is for imprisonment in the state prison, the
29-13 sheriff of the county shall, on receipt of the triplicate certified copies of the
29-14 judgment of conviction, immediately notify the director of the department
29-15 of [prisons] corrections and the director shall, without delay, send some
29-16 authorized person to the county where the prisoner is held for commitment
29-17 to receive the prisoner.
29-18 2. When such an authorized person presents to the sheriff holding the
29-19 prisoner his order for the delivery of the prisoner, the sheriff shall deliver
29-20 to the authorized person two of the certified copies of the judgment of
29-21 conviction and a copy of the report of the presentence investigation or
29-22 general investigation, as appropriate, if required pursuant to NRS 176.159,
29-23 and take from the person a receipt for the prisoner, and the sheriff shall
29-24 make return upon his certified copy of the judgment of conviction, showing
29-25 his proceedings thereunder, and both that copy with the return affixed
29-26 thereto and the receipt from the authorized person must be filed with the
29-27 county clerk.
29-28 3. The term of imprisonment designated in the judgment of conviction
29-29 must begin on the date of sentence of the prisoner by the court.
29-30 4. Upon the expiration of the term of imprisonment of the prisoner, or
29-31 the termination thereof for any legal reason, the director of the department
29-32 of [prisons] corrections shall return one of his certified copies of the
29-33 judgment of conviction to the county clerk of the county from whence it
29-34 was issued, with a brief report of his proceedings thereunder endorsed
29-35 thereon, and the endorsed copy must be filed with the county clerk. The
29-36 return must show the cause of the termination of such imprisonment,
29-37 whether by death, legal discharge or otherwise.
29-38 Sec. 54. NRS 176.345 is hereby amended to read as follows:
29-39 176.345 1. When a judgment of death has been pronounced, a
29-40 certified copy of the judgment of conviction must be forthwith executed
29-41 and attested in triplicate by the clerk under the seal of the court. There must
29-42 be attached to the triplicate copies a warrant signed by the judge, attested
29-43 by the clerk, under the seal of the court, which:
29-44 (a) Recites the fact of the conviction and judgment;
29-45 (b) Appoints a week, the first day being Monday and the last day being
29-46 Sunday, within which the judgment is to be executed, which must not be
29-47 less than 60 days nor more than 90 days from the time of judgment; and
29-48 (c) Directs the sheriff to deliver the prisoner to such authorized person
29-49 as the director of the department of [prisons] corrections designates to
30-1 receive the prisoner, for execution. The prison must be designated in the
30-2 warrant.
30-3 2. The original of the triplicate copies of the judgment of conviction
30-4 and warrant must be filed in the office of the county clerk, and two of the
30-5 triplicate copies must be immediately delivered by the clerk to the sheriff
30-6 of the county. One of the triplicate copies must be delivered by the sheriff,
30-7 with the prisoner, to such authorized person as the director of the
30-8 department of [prisons] corrections designates, and is the warrant and
30-9 authority of the director for the imprisonment and execution of the
30-10 prisoner, as therein provided and commanded. The director shall return his
30-11 certified copy of the judgment of conviction to the county clerk of the
30-12 county in which it was issued. The other triplicate copy is the warrant and
30-13 authority of the sheriff to deliver the prisoner to the authorized person
30-14 designated by the director. The final triplicate copy must be returned to the
30-15 county clerk by the sheriff with his proceedings endorsed thereon.
30-16 Sec. 55. NRS 176.355 is hereby amended to read as follows:
30-17 176.355 1. The judgment of death must be inflicted by an injection
30-18 of a lethal drug.
30-19 2. The director of the department of [prisons] corrections shall:
30-20 (a) Execute a sentence of death within the week, the first day being
30-21 Monday and the last day being Sunday, that the judgment is to be executed,
30-22 as designated by the district court. The director may execute the judgment
30-23 at any time during that week if a stay of execution is not entered by a court
30-24 of appropriate jurisdiction.
30-25 (b) Select the drug or combination of drugs to be used for the execution
30-26 after consulting with the state health officer.
30-27 (c) Be present at the execution.
30-28 (d) Notify those members of the immediate family of the victim who
30-29 have, pursuant to NRS 176.357, requested to be informed of the time, date
30-30 and place scheduled for the execution.
30-31 (e) Invite a competent physician, the county coroner, a psychiatrist and
30-32 not less than six reputable citizens over the age of 21 years to be present at
30-33 the execution. The director shall determine the maximum number of
30-34 persons who may be present for the execution. The director shall give
30-35 preference to those eligible members or representatives of the immediate
30-36 family of the victim who requested, pursuant to NRS 176.357, to attend the
30-37 execution.
30-38 3. The execution must take place at the state prison.
30-39 4. A person who has not been invited by the director may not witness
30-40 the execution.
30-41 Sec. 56. NRS 176.365 is hereby amended to read as follows:
30-42 176.365 After the execution, the director of the department of [prisons]
30-43 corrections must make a return upon the death warrant to the court by
30-44 which the judgment was rendered, showing the time, place, mode and
30-45 manner in which it was executed.
30-46 Sec. 57. NRS 176.425 is hereby amended to read as follows:
30-47 176.425 1. If, after judgment of death, there is a good reason to
30-48 believe that the defendant has become insane, the director of the
30-49 department of [prisons] corrections to whom the convicted person has been
31-1 delivered for execution may by a petition in writing, verified by a
31-2 physician, petition a district judge of the district court of the county in
31-3 which the state prison is situated, alleging the present insanity of such
31-4 person, whereupon such judge shall:
31-5 (a) Fix a day for a hearing to determine whether the convicted person is
31-6 insane;
31-7 (b) Appoint two psychiatrists, two psychologists, or one psychiatrist and
31-8 one psychologist, to examine the convicted person; and
31-9 (c) Give immediate notice of the hearing to the attorney general and to
31-10 the district attorney of the county in which the conviction was had.
31-11 2. If the judge determines that the hearing on and the determination of
31-12 the sanity of the convicted person cannot be had before the date of the
31-13 execution of such person, the judge may stay the execution of the judgment
31-14 of death pending the determination of the sanity of the convicted person.
31-15 Sec. 58. NRS 176.435 is hereby amended to read as follows:
31-16 176.435 1. On the day fixed, the director of the department of
31-17 [prisons] corrections shall bring the convicted person before the court, and
31-18 the attorney general or his deputy shall attend the hearing. The district
31-19 attorney of the county in which the conviction was had, and an attorney for
31-20 the convicted person, may attend the hearing.
31-21 2. The court shall receive the report of the examining physicians and
31-22 may require the production of other evidence. The attorney general or his
31-23 deputy, the district attorney, and the attorney for the convicted person or
31-24 such person if he is without counsel may introduce evidence and cross-
31-25 examine any witness, including the examining physicians.
31-26 3. The court shall then make and enter its finding of sanity or insanity.
31-27 Sec. 59. NRS 176.445 is hereby amended to read as follows:
31-28 176.445 If it is found by the court that the convicted person is sane, the
31-29 director of the department of [prisons] corrections must execute the
31-30 judgment of death; but if the judgment has been stayed, as provided in
31-31 NRS 176.425, the judge shall cause a certified copy of his order staying the
31-32 execution of the judgment, together with a certified copy of his finding that
31-33 the convicted person is sane, to be immediately forwarded by the clerk of
31-34 the court to the clerk of the district court of the county in which the
31-35 conviction was had, who shall give notice thereof to the district attorney of
31-36 such county. Proceedings shall then be instituted in the last mentioned
31-37 district court for the issuance of a new warrant of execution of the
31-38 judgment of death in the manner provided in NRS 176.495.
31-39 Sec. 60. NRS 176.455 is hereby amended to read as follows:
31-40 176.455 1. If it is found by the court that the convicted person is
31-41 insane, the judge shall make and enter an order staying the execution of the
31-42 judgment of death until the convicted person becomes sane, and shall
31-43 therein order the director of the department of [prisons] corrections to
31-44 confine such person in a safe place of confinement until his reason is
31-45 restored.
31-46 2. The clerk of the court shall serve or cause to be served three
31-47 certified copies of the order, one on the director, one on the governor, for
31-48 the use of the state board of pardons commissioners, and one on the clerk
31-49 of the district court of the county in which the conviction was had.
32-1 3. If the convicted person thereafter becomes sane, notice of this fact
32-2 shall be given by the director to a judge of the court staying the execution
32-3 of the judgment, and the judge, upon being satisfied that such person is
32-4 then sane, shall enter an order vacating the order staying the execution of
32-5 the judgment.
32-6 4. The clerk of the court shall immediately serve or cause to be served
32-7 three certified copies of such vacating order as follows: One on the
32-8 director, one on the governor, for the use of the state board of pardons
32-9 commissioners, and one on the clerk of the district court of the county in
32-10 which the conviction was had, who shall give notice thereof to the district
32-11 attorney of such county, whereupon proceedings shall be instituted in the
32-12 last mentioned district court for the issuance of a new warrant of execution
32-13 of the judgment of death in the manner provided in NRS 176.495.
32-14 Sec. 61. NRS 176.465 is hereby amended to read as follows:
32-15 176.465 1. If there is good reason to believe that a female against
32-16 whom a judgment of death has been rendered is pregnant, the director of
32-17 the department of [prisons] corrections to whom she has been delivered for
32-18 execution shall petition a judge of the district court of the county in which
32-19 the state prison is situated, in writing, alleging such pregnancy, whereupon
32-20 such judge shall summon a jury of three physicians to inquire into the
32-21 alleged pregnancy and fix a day for the hearing thereon, and give
32-22 immediate notice thereof to the attorney general and to the district attorney
32-23 of the county in which the conviction was had.
32-24 2. The provisions of NRS 176.425 and 176.435 apply to the
32-25 proceedings upon the inquisition, except that three physicians shall be
32-26 summoned. They shall certify in writing to the court their findings as to
32-27 pregnancy.
32-28 Sec. 62. NRS 176.475 is hereby amended to read as follows:
32-29 176.475 1. If it is found by the court that the female is not pregnant,
32-30 the director of the department of [prisons] corrections must execute the
32-31 judgment of death; but if a stay of execution has been granted pursuant to
32-32 NRS 176.425 the procedure provided in NRS 176.445 is applicable.
32-33 2. If the female is found to be pregnant, the judge shall enter an order
32-34 staying the execution of the judgment of death, and shall therein order the
32-35 director to confine such female in a safe place of confinement
32-36 commensurate with her condition until further order of the court.
32-37 3. When such female is no longer pregnant, notice of this fact shall be
32-38 given by the director to a judge of the court staying the execution of the
32-39 judgment. Thereupon the judge, upon being satisfied that the pregnancy no
32-40 longer exists, shall enter an order vacating the order staying the execution
32-41 of the judgment and shall direct the clerk of such court to serve or cause to
32-42 be served three certified copies of such order, one on the director, one on
32-43 the governor, for the use of the state board of pardons commissioners, and
32-44 one on the clerk of the district court of the county in which the conviction
32-45 was had, who shall give notice thereof to the district attorney of such
32-46 county, whereupon proceedings shall be instituted in the last mentioned
32-47 district court for the issuance of a new warrant of execution of the
32-48 judgment in the manner provided in NRS 176.495.
33-1 Sec. 63. NRS 176.488 is hereby amended to read as follows:
33-2 176.488 A stay of execution must be entered by the court in writing
33-3 and copies sent as soon as practicable to the director of the department of
33-4 [prisons,] corrections, the warden of the institution in which the offender is
33-5 imprisoned and the office of the attorney general in Carson City. The court
33-6 shall also enter an order and take all necessary actions to expedite further
33-7 proceeding before that court.
33-8 Sec. 64. NRS 176.495 is hereby amended to read as follows:
33-9 176.495 1. If for any reason a judgment of death has not been
33-10 executed, and it remains in force, the court in which the conviction was had
33-11 must, upon the application of the attorney general or the district attorney of
33-12 the county in which the conviction was had, cause another warrant to be
33-13 drawn, signed by the judge and attested by the clerk under the seal of the
33-14 court, and delivered to the director of the department of [prisons.]
33-15 corrections.
33-16 2. The warrant must state the conviction and judgment and appoint a
33-17 week, the first day being Monday and the last day being Sunday, within
33-18 which the judgment is to be executed. The first day of that week must be
33-19 not less than 15 days nor more than 30 days after the date of the warrant.
33-20 The director shall execute a sentence of death within the week the
33-21 judgment is to be executed, as designated by the district court. The director
33-22 may execute the judgment at any time during that week if a stay of
33-23 execution is not entered by a court of appropriate jurisdiction.
33-24 3. Where sentence was imposed by a district court composed of three
33-25 judges, the district judge before whom the confession or plea was made, or
33-26 his successor in office, shall designate the week of execution, the first day
33-27 being Monday and the last day being Sunday, and sign the warrant.
33-28 Sec. 65. NRS 176.505 is hereby amended to read as follows:
33-29 176.505 1. When a remittitur showing the affirmation of a judgment
33-30 of death has been filed with the clerk of the court from which the appeal
33-31 has been taken, the court in which the conviction was obtained shall
33-32 inquire into the facts, and, if no legal reasons exist prohibiting the
33-33 execution of the judgment, shall make and enter an order requiring the
33-34 director of the department of [prisons] corrections to execute the judgment
33-35 at a specified time. The presence of the defendant in the court at the time
33-36 the order of execution is made and entered, or the warrant is issued, is not
33-37 required.
33-38 2. When an opinion, order dismissing appeal or other order upholding
33-39 a sentence of death is issued by the supreme court pursuant to chapter 34 or
33-40 177 of NRS, the court in which the sentence of death was obtained shall
33-41 inquire into the facts and, if no legal reason exists prohibiting the execution
33-42 of the judgment, shall make and enter an order requiring the director of the
33-43 department of [prisons] corrections to execute the judgment during a
33-44 specified week. The presence of the defendant in the court when the order
33-45 of execution is made and entered, or the warrant is issued, is not required.
33-46 3. Notwithstanding the entry of a stay of issuance of a remittitur in the
33-47 supreme court following denial of appellate relief in a proceeding brought
33-48 pursuant to chapter 34 or 177 of NRS, the court in which the conviction
33-49 was obtained shall, upon application of the attorney general or the district
34-1 attorney of the county in which the conviction was obtained, cause another
34-2 warrant to be drawn, signed by the judge and attested by the clerk under
34-3 the seal of the court, and delivered to the director of the department of
34-4 [prisons.] corrections.
34-5 Sec. 66. NRS 176A.450 is hereby amended to read as follows:
34-6 176A.450 1. Except as otherwise provided in this section, by order
34-7 duly entered, the court may impose, and may at any time modify, any
34-8 conditions of probation or suspension of sentence. The court shall cause a
34-9 copy of any such order to be delivered to the parole and probation officer
34-10 and the probationer. A copy of the order must also be sent to the director of
34-11 the department of [prisons] corrections if the probationer is under the
34-12 supervision of the director pursuant to NRS 176A.780.
34-13 2. If the probationer is participating in a program of probation secured
34-14 by a surety bond, the court shall not impose or modify the conditions of
34-15 probation unless the court notifies the surety and:
34-16 (a) Causes the original bond to be revoked and requires a new bond to
34-17 which the original and the new conditions are appended and made part; or
34-18 (b) Requires an additional bond to which the new conditions are
34-19 appended and made part.
34-20 3. The court shall not modify a condition of probation or suspension of
34-21 sentence that was imposed pursuant to NRS 176A.410, unless the court
34-22 finds that extraordinary circumstances are present and the court enters
34-23 those extraordinary circumstances in the record.
34-24 Sec. 67. NRS 176A.780 is hereby amended to read as follows:
34-25 176A.780 1. If a defendant:
34-26 (a) Is male;
34-27 (b) Has been convicted of a felony that does not involve an act of
34-28 violence;
34-29 (c) Is at least 18 years of age;
34-30 (d) Has never been incarcerated in jail or prison as an adult for more
34-31 than 6 months; and
34-32 (e) Is otherwise eligible for probation,
34-33 the court may order the defendant satisfactorily to complete a program of
34-34 regimental discipline for 150 days before sentencing the defendant or in
34-35 lieu of causing the sentence imposed to be executed upon violation of a
34-36 condition of probation or suspension of sentence.
34-37 2. If the court orders the defendant to undergo a program of regimental
34-38 discipline, it:
34-39 (a) Shall place the defendant under the supervision of the director of the
34-40 department of [prisons] corrections for not more than 190 days, not more
34-41 than the first 30 days of which must be used to determine the defendant’s
34-42 eligibility to participate in the program.
34-43 (b) Shall, if appropriate, direct the chief parole and probation officer to
34-44 provide a copy of the defendant’s records to the director of the department
34-45 of [prisons.] corrections.
34-46 (c) Shall require the defendant to be returned to the court not later than
34-47 30 days after he is placed under the supervision of the director, if he is
34-48 determined to be ineligible for the program.
35-1 (d) May require such reports concerning the defendant’s participation in
35-2 the program as it deems desirable.
35-3 3. If the defendant is ordered to complete the program before
35-4 sentencing, the director of the department of [prisons] corrections shall
35-5 return the defendant to the court not later than 150 days after the defendant
35-6 began the program. The director shall certify either that the defendant
35-7 satisfactorily completed the program or that he did not, and shall report of
35-8 the results of his evaluation, including any recommendations which will be
35-9 helpful in determining the proper sentence. Upon receiving the report, the
35-10 court shall sentence the defendant.
35-11 4. If the defendant is ordered to complete the program in lieu of
35-12 causing the sentence imposed to be executed upon the violation of a
35-13 condition of probation and the defendant satisfactorily completes the
35-14 program, the director of the department of [prisons] corrections shall, not
35-15 later than 150 days after the defendant began the program, return the
35-16 defendant to the court with certification that the defendant satisfactorily
35-17 completed the program. The court shall direct that:
35-18 (a) The defendant be placed under supervision of the chief parole and
35-19 probation officer; and
35-20 (b) The director of the department of [prisons] corrections cause a copy
35-21 of the records concerning the defendant’s participation in the program to be
35-22 provided to the chief parole and probation officer.
35-23 5. If a defendant is ordered to complete the program of regimental
35-24 discipline in lieu of causing the sentence imposed to be executed upon the
35-25 violation of a condition of probation, a failure by the defendant
35-26 satisfactorily to complete the program constitutes a violation of that
35-27 condition of probation and the director of the department of [prisons]
35-28 corrections shall return the defendant to the court.
35-29 6. Time spent in the program must be deducted from any sentence
35-30 which may thereafter be imposed.
35-31 Sec. 68. NRS 178.524 is hereby amended to read as follows:
35-32 178.524 If the defendant surrenders himself to, is apprehended by or is
35-33 in the custody of a peace officer in the State of Nevada or the director of
35-34 the department of [prisons] corrections other than the officer to whose
35-35 custody he was committed at the time of giving bail, the bail may make
35-36 application to the court for the discharge of his bail bond, and shall then
35-37 give to the court an amount in cash or a surety bond sufficient in amount to
35-38 guarantee reimbursement of any costs that may be expended in returning
35-39 the defendant to the officer to whose custody the defendant was committed
35-40 at the time of giving bail.
35-41 Sec. 69. NRS 178.630 is hereby amended to read as follows:
35-42 178.630 The director of the department of [prisons] corrections shall
35-43 comply with the provisions of Articles III and IV of The Agreement on
35-44 Detainers whenever he has in his custody a prisoner who has detainers
35-45 lodged against him from other jurisdictions which are parties to such
35-46 agreement.
35-47 Sec. 70. NRS 178.700 is hereby amended to read as follows:
35-48 178.700 1. If the attorney general, a prosecuting attorney or an
35-49 agency of criminal justice in this state receives a request from the
36-1 department of [prisons,] corrections, it shall respond in writing within 14
36-2 working days setting forth any charges that are pending against the
36-3 offender.
36-4 2. If the attorney general, a prosecuting attorney or an agency of
36-5 criminal justice indicates in its response pursuant to subsection 1 that
36-6 felony charges are pending against an offender, it shall, or if misdemeanor
36-7 charges are pending against an offender, it may, request in the response
36-8 that upon release of the offender from the custody of the department of
36-9 [prisons,] corrections, the department release the offender to an agency of
36-10 criminal justice in this state that is authorized to detain a person pending
36-11 prosecution. The attorney general, a prosecuting attorney or an agency of
36-12 criminal justice may submit such a request to the department of [prisons]
36-13 corrections at any other time, if charges are filed against an offender.
36-14 3. If an offender is convicted, acquitted or the charges against him are
36-15 dropped after a request was submitted pursuant to this section, the attorney
36-16 general, prosecuting attorney or agency of criminal justice who submitted
36-17 the request shall withdraw the request by providing a certified copy of the
36-18 judgment to the department of [prisons] corrections if the offender was
36-19 convicted or acquitted, or by providing proof to the department that the
36-20 charges were dropped.
36-21 4. The attorney general, a prosecuting attorney or an agency of
36-22 criminal justice shall notify the department of [prisons] corrections upon
36-23 receipt of a detainer against an inmate from another jurisdiction who is
36-24 transferred to the custody of the department of [prisons.] corrections.
36-25 Sec. 71. NRS 179.223 is hereby amended to read as follows:
36-26 179.223 1. When the return to this state of a person charged with
36-27 crime in this state is required, the district attorney shall present to the
36-28 governor his written application for a requisition for the return of the
36-29 person charged in which application must be stated:
36-30 (a) The name of the person so charged;
36-31 (b) The crime charged against him;
36-32 (c) The approximate time, place and circumstances of its commission;
36-33 (d) The state in which he is believed to be, including the location of the
36-34 accused therein at the time the application is made; and
36-35 (e) A certification that, in the opinion of the district attorney, the ends of
36-36 justice require the arrest and return of the accused to this state for trial and
36-37 that the proceeding is not instituted to enforce a private claim.
36-38 2. When the return to this state is required of a person who has been
36-39 convicted of a crime in this state and has escaped from confinement or
36-40 broken the terms of his bail, probation or parole, the district attorney of the
36-41 county in which the offense was committed, the state board of parole
36-42 commissioners, the chief parole and probation officer, the director of the
36-43 department of [prisons] corrections or the sheriff of the county from which
36-44 escape was made shall present to the governor a written application for a
36-45 requisition for the return of the person, in which application must be stated:
36-46 (a) The name of the person;
36-47 (b) The crime of which he was convicted;
36-48 (c) The circumstances of his escape from confinement or of the breach
36-49 of the terms of his bail, probation or parole; and
37-1 (d) The state in which he is believed to be, including the location of the
37-2 person therein at the time application is made.
37-3 3. The application must be verified by affidavit, executed in duplicate
37-4 and accompanied by two certified copies of the indictment returned, or
37-5 information and affidavit filed, or of the complaint made to the judge or
37-6 magistrate, stating the offense with which the accused is charged, or of the
37-7 judgment of conviction or of the sentence. The district attorney, state board
37-8 of parole commissioners, chief parole and probation officer, director of the
37-9 department of [prisons] corrections or sheriff may also attach such further
37-10 affidavits and other documents in duplicate as he deems proper to be
37-11 submitted with the application. One copy of the application, with the action
37-12 of the governor indicated by endorsement thereon, and one of the certified
37-13 copies of the indictment, complaint, information and affidavits, or of the
37-14 judgment of conviction or of the sentence must be filed in the office of the
37-15 secretary of state of the State of Nevada to remain of record in that office.
37-16 The other copies of all papers must be forwarded with the governor’s
37-17 requisition.
37-18 Sec. 72. NRS 179A.290 is hereby amended to read as follows:
37-19 179A.290 1. The director of the department shall establish within the
37-20 central repository a program to compile and analyze data concerning
37-21 offenders who commit sexual offenses. The program must be designed to:
37-22 (a) Provide statistical data relating to the recidivism of offenders who
37-23 commit sexual offenses; and
37-24 (b) Use the data provided by the division of child and family services of
37-25 the department of human resources pursuant to NRS 62.920 to:
37-26 (1) Provide statistical data relating to the recidivism of juvenile sex
37-27 offenders after they become adults; and
37-28 (2) Assess the effectiveness of programs for the treatment of juvenile
37-29 sex offenders.
37-30 2. The division of parole and probation and the department of [prisons]
37-31 corrections shall assist the director of the department in obtaining data and
37-32 in carrying out the program.
37-33 3. The director of the department shall report the statistical data and
37-34 findings from the program to:
37-35 (a) The legislature at the beginning of each regular session.
37-36 (b) The advisory commission on sentencing on or before January 31 of
37-37 each even-numbered year.
37-38 4. The data acquired pursuant to this section is confidential and must
37-39 be used only for the purpose of research. The data and findings generated
37-40 pursuant to this section must not contain information that may reveal the
37-41 identity of a juvenile sex offender or the identity of an individual victim of
37-42 a crime.
37-43 Sec. 73. NRS 179B.070 is hereby amended to read as follows:
37-44 179B.070 “Law enforcement officer” includes, but is not limited to:
37-45 1. A prosecuting attorney or an attorney from the office of the attorney
37-46 general;
37-47 2. A sheriff of a county or his deputy;
37-48 3. An officer of a metropolitan police department or a police
37-49 department of an incorporated city;
38-1 4. An officer of the division;
38-2 5. An officer of the department of [prisons;] corrections;
38-3 6. An officer of a law enforcement agency from another jurisdiction;
38-4 or
38-5 7. Any other person upon whom some or all of the powers of a peace
38-6 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the
38-7 person is seeking information as part of a criminal investigation.
38-8 Sec. 74. NRS 179D.160 is hereby amended to read as follows:
38-9 179D.160 1. Except as otherwise provided by specific statute, a
38-10 record of registration may be inspected only by a law enforcement officer
38-11 in the regular course of his duties or by the offender named in the record of
38-12 registration.
38-13 2. As used in this section, “law enforcement officer” includes, but is
38-14 not limited to:
38-15 (a) A prosecuting attorney or an attorney from the office of the attorney
38-16 general;
38-17 (b) A sheriff of a county or his deputy;
38-18 (c) An officer of a metropolitan police department or a police
38-19 department of an incorporated city;
38-20 (d) An officer of the division;
38-21 (e) An officer of the department of [prisons;] corrections;
38-22 (f) An officer of a law enforcement agency from another jurisdiction; or
38-23 (g) Any other person upon whom some or all of the powers of a peace
38-24 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the
38-25 person is seeking information as part of a criminal investigation.
38-26 Sec. 75. NRS 179D.230 is hereby amended to read as follows:
38-27 179D.230 1. If the division receives notice from a court pursuant to
38-28 NRS 176.0926 that an offender has been convicted of a crime against a
38-29 child, the division shall:
38-30 (a) If a record of registration has not previously been established for the
38-31 offender by the division, establish a record of registration for the offender
38-32 and forward the record of registration to the central repository; or
38-33 (b) If a record of registration has previously been established for the
38-34 offender by the division, update the record of registration for the offender
38-35 and forward the record of registration to the central repository.
38-36 2. If the offender named in the notice is granted probation or otherwise
38-37 will not be incarcerated or confined, the central repository shall
38-38 immediately provide notification concerning the offender to the appropriate
38-39 local law enforcement agencies and, if the offender resides in a jurisdiction
38-40 which is outside of this state, to the appropriate law enforcement agency in
38-41 that jurisdiction.
38-42 3. If the offender named in the notice is incarcerated or confined,
38-43 before the offender is released:
38-44 (a) The division shall:
38-45 (1) Inform the offender of the requirements for registration,
38-46 including, but not limited to:
38-47 (I) The duty to register in this state during any period in which he
38-48 is a resident of this state or a nonresident who is a student or worker within
39-1 this state and the time within which he is required to register pursuant to
39-2 NRS 179D.240;
39-3 (II) The duty to register in any other jurisdiction during any period
39-4 in which he is a resident of the other jurisdiction or a nonresident who is a
39-5 student or worker within the other jurisdiction;
39-6 (III) If he moves from this state to another jurisdiction, the duty to
39-7 register with the appropriate law enforcement agency in the other
39-8 jurisdiction; and
39-9 (IV) The duty to notify the division, in writing, if he changes the
39-10 address at which he resides, including if he moves from this state to
39-11 another jurisdiction, or changes the primary address at which he is a
39-12 student or worker;
39-13 (2) Require the offender to read and sign a form confirming that the
39-14 requirements for registration have been explained to him; and
39-15 (3) Update the record of registration for the offender and forward the
39-16 record of registration to the central repository; and
39-17 (b) The central repository shall provide notification concerning the
39-18 offender to the appropriate local law enforcement agencies and, if the
39-19 offender will reside upon release in a jurisdiction which is outside of this
39-20 state, to the appropriate law enforcement agency in that jurisdiction.
39-21 4. If requested by the division, the department of [prisons] corrections
39-22 or a local law enforcement agency in whose facility the offender is
39-23 incarcerated shall provide the offender with the information and the
39-24 confirmation form required by paragraph (a) of subsection 3.
39-25 5. The failure to provide an offender with the information or
39-26 confirmation form required by paragraph (a) of subsection 3 does not affect
39-27 the duty of the offender to register and to comply with all other provisions
39-28 for registration.
39-29 6. If the central repository receives notice from another jurisdiction or
39-30 the Federal Bureau of Investigation that an offender convicted of a crime
39-31 against a child is now residing or is a student or worker within this state:
39-32 (a) The central repository shall immediately provide notification
39-33 concerning the offender to the division and to the appropriate local law
39-34 enforcement agencies; and
39-35 (b) The division shall establish a record of registration for the offender
39-36 and forward the record of registration to the central repository.
39-37 Sec. 76. NRS 179D.450 is hereby amended to read as follows:
39-38 179D.450 1. If the division receives notice from a court pursuant to
39-39 NRS 176.0927 that a sex offender has been convicted of a sexual offense
39-40 or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to
39-41 be an adult sex offender, the division shall:
39-42 (a) If a record of registration has not previously been established for the
39-43 sex offender by the division, establish a record of registration for the sex
39-44 offender and forward the record of registration to the central repository; or
39-45 (b) If a record of registration has previously been established for the sex
39-46 offender by the division, update the record of registration for the sex
39-47 offender and forward the record of registration to the central repository.
39-48 2. If the sex offender named in the notice is granted probation or
39-49 otherwise will not be incarcerated or confined or if the sex offender named
40-1 in the notice has been deemed to be an adult sex offender pursuant to NRS
40-2 62.590 and is not otherwise incarcerated or confined:
40-3 (a) The central repository shall immediately provide notification
40-4 concerning the sex offender to the appropriate local law enforcement
40-5 agencies and, if the sex offender resides in a jurisdiction which is outside
40-6 of this state, to the appropriate law enforcement agency in that jurisdiction;
40-7 and
40-8 (b) If the sex offender is subject to community notification, the division
40-9 shall arrange for the assessment of the risk of recidivism of the sex
40-10 offender pursuant to the guidelines and procedures for community
40-11 notification established by the attorney general pursuant to NRS 179D.600
40-12 to 179D.800, inclusive.
40-13 3. If the sex offender named in the notice is incarcerated or confined,
40-14 before the sex offender is released:
40-15 (a) The division shall:
40-16 (1) Inform the sex offender of the requirements for registration,
40-17 including, but not limited to:
40-18 (I) The duty to register in this state during any period in which he
40-19 is a resident of this state or a nonresident who is a student or worker within
40-20 this state and the time within which he is required to register pursuant to
40-21 NRS 179D.460;
40-22 (II) The duty to register in any other jurisdiction during any period
40-23 in which he is a resident of the other jurisdiction or a nonresident who is a
40-24 student or worker within the other jurisdiction;
40-25 (III) If he moves from this state to another jurisdiction, the duty to
40-26 register with the appropriate law enforcement agency in the other
40-27 jurisdiction; and
40-28 (IV) The duty to notify the division, in writing, if he changes the
40-29 address at which he resides, including if he moves from this state to
40-30 another jurisdiction, or changes the primary address at which he is a
40-31 student or worker;
40-32 (2) Require the sex offender to read and sign a form confirming that
40-33 the requirements for registration have been explained to him;
40-34 (3) Update the record of registration for the sex offender and forward
40-35 the record of registration to the central repository; and
40-36 (4) If the sex offender is subject to community notification, arrange
40-37 for the assessment of the risk of recidivism of the sex offender pursuant to
40-38 the guidelines and procedures for community notification established by
40-39 the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive;
40-40 and
40-41 (b) The central repository shall provide notification concerning the sex
40-42 offender to the appropriate local law enforcement agencies and, if the sex
40-43 offender will reside upon release in a jurisdiction which is outside of this
40-44 state, to the appropriate law enforcement agency in that jurisdiction.
40-45 4. If requested by the division, the department of [prisons] corrections
40-46 or a local law enforcement agency in whose facility the sex offender is
40-47 incarcerated shall provide the sex offender with the information and the
40-48 confirmation form required by paragraph (a) of subsection 3.
41-1 5. The failure to provide a sex offender with the information or
41-2 confirmation form required by paragraph (a) of subsection 3 does not affect
41-3 the duty of the sex offender to register and to comply with all other
41-4 provisions for registration.
41-5 6. If the central repository receives notice from another jurisdiction or
41-6 the Federal Bureau of Investigation that a sex offender is now residing or is
41-7 a student or worker within this state:
41-8 (a) The central repository shall immediately provide notification
41-9 concerning the sex offender to the division and to the appropriate local law
41-10 enforcement agencies;
41-11 (b) The division shall establish a record of registration for the sex
41-12 offender and forward the record of registration to the central repository;
41-13 and
41-14 (c) If the sex offender is subject to community notification, the division
41-15 shall arrange for the assessment of the risk of recidivism of the sex
41-16 offender pursuant to the guidelines and procedures for community
41-17 notification established by the attorney general pursuant to NRS 179D.600
41-18 to 179D.800, inclusive.
41-19 Sec. 77. NRS 199.305 is hereby amended to read as follows:
41-20 199.305 1. A person who, by intimidating or threatening another
41-21 person, prevents or dissuades a victim of a crime, a person acting on his
41-22 behalf or a witness from:
41-23 (a) Reporting a crime or possible crime to a:
41-24 (1) Judge;
41-25 (2) Peace officer;
41-26 (3) Parole or probation officer;
41-27 (4) Prosecuting attorney;
41-28 (5) Warden or other employee at an institution of the department of
41-29 [prisons;] corrections; or
41-30 (6) Superintendent or other employee at a juvenile correctional
41-31 institution;
41-32 (b) Commencing a criminal prosecution or a proceeding for the
41-33 revocation of a parole or probation, or seeking or assisting in such a
41-34 prosecution or proceeding; or
41-35 (c) Causing the arrest of a person in connection with a crime,
41-36 or who hinders or delays such a victim, agent or witness in his effort to
41-37 carry out any of those actions is guilty of a category D felony and shall be
41-38 punished as provided in NRS 193.130.
41-39 2. As used in this section, “victim of a crime” means a person against
41-40 whom a crime has been committed.
41-41 Sec. 78. NRS 200.033 is hereby amended to read as follows:
41-42 200.033 The only circumstances by which murder of the first degree
41-43 may be aggravated are:
41-44 1. The murder was committed by a person under sentence of
41-45 imprisonment.
41-46 2. The murder was committed by a person who, at any time before a
41-47 penalty hearing is conducted for the murder pursuant to NRS 175.552, is or
41-48 has been convicted of:
42-1 (a) Another murder and the provisions of subsection 12 do not
42-2 otherwise apply to that other murder; or
42-3 (b) A felony involving the use or threat of violence to the person of
42-4 another and the provisions of subsection 4 do not otherwise apply to that
42-5 felony.
42-6 For the purposes of this subsection, a person shall be deemed to have been
42-7 convicted at the time the jury verdict of guilt is rendered or upon
42-8 pronouncement of guilt by a judge or judges sitting without a jury.
42-9 3. The murder was committed by a person who knowingly created a
42-10 great risk of death to more than one person by means of a weapon, device
42-11 or course of action which would normally be hazardous to the lives of
42-12 more than one person.
42-13 4. The murder was committed while the person was engaged, alone or
42-14 with others, in the commission of or an attempt to commit or flight after
42-15 committing or attempting to commit, any robbery, arson in the first degree,
42-16 burglary, invasion of the home or kidnapping in the first degree, and the
42-17 person charged:
42-18 (a) Killed or attempted to kill the person murdered; or
42-19 (b) Knew or had reason to know that life would be taken or lethal force
42-20 used.
42-21 5. The murder was committed to avoid or prevent a lawful arrest or to
42-22 effect an escape from custody.
42-23 6. The murder was committed by a person, for himself or another, to
42-24 receive money or any other thing of monetary value.
42-25 7. The murder was committed upon a peace officer or fireman who
42-26 was killed while engaged in the performance of his official duty or because
42-27 of an act performed in his official capacity, and the defendant knew or
42-28 reasonably should have known that the victim was a peace officer or
42-29 fireman. For the purposes of this subsection, “peace officer” means:
42-30 (a) An employee of the department of [prisons] corrections who does
42-31 not exercise general control over offenders imprisoned within the
42-32 institutions and facilities of the department but whose normal duties require
42-33 him to come into contact with those offenders, when carrying out the duties
42-34 prescribed by the director of the department.
42-35 (b) Any person upon whom some or all of the powers of a peace officer
42-36 are conferred pursuant to NRS 289.150 to 289.360, inclusive, when
42-37 carrying out those powers.
42-38 8. The murder involved torture or the mutilation of the victim.
42-39 9. The murder was committed upon one or more persons at random
42-40 and without apparent motive.
42-41 10. The murder was committed upon a person less than 14 years of
42-42 age.
42-43 11. The murder was committed upon a person because of the actual or
42-44 perceived race, color, religion, national origin, physical or mental disability
42-45 or sexual orientation of that person.
42-46 12. The defendant has, in the immediate proceeding, been convicted of
42-47 more than one offense of murder in the first or second degree. For the
42-48 purposes of this subsection, a person shall be deemed to have been
43-1 convicted of a murder at the time the jury verdict of guilt is rendered or
43-2 upon pronouncement of guilt by a judge or judges sitting without a jury.
43-3 13. The person, alone or with others, subjected or attempted to subject
43-4 the victim of the murder to nonconsensual sexual penetration immediately
43-5 before, during or immediately after the commission of the murder. For the
43-6 purposes of this subsection:
43-7 (a) “Nonconsensual” means against the victim’s will or under
43-8 conditions in which the person knows or reasonably should know that the
43-9 victim is mentally or physically incapable of resisting, consenting or
43-10 understanding the nature of his conduct, including, but not limited to,
43-11 conditions in which the person knows or reasonably should know that the
43-12 victim is dead.
43-13 (b) “Sexual penetration” means cunnilingus, fellatio or any intrusion,
43-14 however slight, of any part of the victim’s body or any object manipulated
43-15 or inserted by a person, alone or with others, into the genital or anal
43-16 openings of the body of the victim, whether or not the victim is alive. The
43-17 term includes, but is not limited to, anal intercourse and sexual intercourse
43-18 in what would be its ordinary meaning.
43-19 14. The murder was committed on the property of a public or private
43-20 school, at an activity sponsored by a public or private school or on a school
43-21 bus while the bus was engaged in its official duties by a person who
43-22 intended to create a great risk of death or substantial bodily harm to more
43-23 than one person by means of a weapon, device or course of action that
43-24 would normally be hazardous to the lives of more than one person. For the
43-25 purposes of this subsection, “school bus” has the meaning ascribed to it in
43-26 NRS 483.160.
43-27 Sec. 79. NRS 202.2491 is hereby amended to read as follows:
43-28 202.2491 1. Except as otherwise provided in subsections 5 and 6 and
43-29 NRS 202.24915, the smoking of tobacco in any form is prohibited if done
43-30 in any:
43-31 (a) Public elevator.
43-32 (b) Public building.
43-33 (c) Public waiting room, lobby or hallway of any:
43-34 (1) Medical facility or facility for the dependent as defined in chapter
43-35 449 of NRS; or
43-36 (2) Office of any chiropractor, dentist, physical therapist, physician,
43-37 podiatric physician, psychologist, optician, optometrist, doctor of Oriental
43-38 medicine or doctor of acupuncture.
43-39 (d) Hotel or motel when so designated by the operator thereof.
43-40 (e) Public area of a store principally devoted to the sale of food for
43-41 human consumption off the premises.
43-42 (f) Child care facility.
43-43 (g) Bus used by the general public, other than a chartered bus, or in any
43-44 maintenance facility or office associated with a bus system operated by any
43-45 regional transportation commission.
43-46 (h) School bus.
43-47 2. The person in control of an area listed in paragraph (c), (d), (e), (f)
43-48 or (g) of subsection 1:
44-1 (a) Shall post in the area signs prohibiting smoking in any place not
44-2 designated for that purpose as provided in paragraph (b).
44-3 (b) May designate separate rooms or portions of the area which may be
44-4 used for smoking, except for a room or portion of the area of a store
44-5 described in paragraph (e) of subsection 1 if the room or portion of the
44-6 area:
44-7 (1) Is leased to or operated by a person licensed pursuant to NRS
44-8 463.160; and
44-9 (2) Does not otherwise qualify for an exemption set forth in NRS
44-10 202.24915.
44-11 3. The person in control of a public building:
44-12 (a) Shall post in the area signs prohibiting smoking in any place not
44-13 designated for that purpose as provided in paragraph (b).
44-14 (b) Shall, except as otherwise provided in this subsection, designate a
44-15 separate area which may be used for smoking.
44-16 A school district which prohibits the use of tobacco by pupils need not
44-17 designate an area which may be used by the pupils to smoke.
44-18 4. The operator of a restaurant with a seating capacity of 50 or more
44-19 shall maintain a flexible nonsmoking area within the restaurant and offer
44-20 each patron the opportunity to be seated in a smoking or nonsmoking area.
44-21 5. A business which derives more than 50 percent of its gross receipts
44-22 from the sale of alcoholic beverages or 50 percent of its gross receipts from
44-23 gaming operations may be designated as a smoking area in its entirety by
44-24 the operator of the business.
44-25 6. The smoking of tobacco is not prohibited in:
44-26 (a) Any room or area designated for smoking pursuant to paragraph (b)
44-27 of subsection 2 or paragraph (b) of subsection 3.
44-28 (b) A licensed gaming establishment. A licensed gaming establishment
44-29 may designate separate rooms or areas within the establishment which may
44-30 or may not be used for smoking.
44-31 7. The person in control of a child care facility shall not allow children
44-32 in any room or area he designates for smoking pursuant to paragraph (b) of
44-33 subsection 2. Any such room or area must be sufficiently separate or
44-34 ventilated so that there are no irritating or toxic effects of smoke in the
44-35 other areas of the facility.
44-36 8. As used in this section:
44-37 (a) “Child care facility” means an establishment licensed pursuant to
44-38 chapter 432A of NRS to provide care for 13 or more children.
44-39 (b) “Licensed gaming establishment” has the meaning ascribed to it in
44-40 NRS 463.0169.
44-41 (c) “Public building” means any building or office space owned or
44-42 occupied by:
44-43 (1) Any component of the University and Community College
44-44 System of Nevada and used for any purpose related to the system.
44-45 (2) The State of Nevada and used for any public purpose, other than
44-46 that used by the department of [prisons] corrections to house or provide
44-47 other services to offenders.
44-48 (3) Any county, city, school district or other political subdivision of
44-49 the state and used for any public purpose.
45-1 If only part of a building is owned or occupied by an entity described in
45-2 this paragraph, the term means only that portion of the building which is so
45-3 owned or occupied.
45-4 (d) “School bus” has the meaning ascribed to it in NRS 483.160.
45-5 Sec. 80. NRS 202.375 is hereby amended to read as follows:
45-6 202.375 1. The provisions of NRS 202.370 to 202.440, inclusive, do
45-7 not apply to the sale or purchase by any adult, or the possession or use by
45-8 any person, including a minor but not including a convicted person as
45-9 defined in NRS 179C.010, of any form of:
45-10 (a) Cartridge which contains not more than 2 fluid ounces in volume of
45-11 “CS” tear gas that may be propelled by air or another gas, but not an
45-12 explosive, in the form of an aerosol spray; or
45-13 (b) Weapon designed for the use of such a cartridge which does not
45-14 exceed that size,
45-15 and which is designed and intended for use as an instrument of self-
45-16 defense.
45-17 2. A seller, before delivering to a purchaser a cartridge or weapon
45-18 which may be sold pursuant to subsection 1, must record and maintain for
45-19 not less than 2 years the name and address of the purchaser and the brand
45-20 name, model number or type, and serial number if there is one, of the
45-21 weapon or cartridge, or both.
45-22 3. The provisions of NRS 202.370 to 202.440, inclusive, do not
45-23 prohibit police departments or regular salaried peace officers thereof,
45-24 sheriffs and their regular salaried deputies, the director, deputy director and
45-25 superintendents of, and guards employed by, the department of [prisons,]
45-26 corrections, personnel of the Nevada highway patrol or the military or
45-27 naval forces of this state or of the United States from purchasing,
45-28 possessing or transporting any shells, cartridges, bombs or weapons for
45-29 official use in the discharge of their duties.
45-30 4. As used in this section, “CS” tear gas means a crystalline powder
45-31 containing ortho-chlorobenzalmalononitrile.
45-32 Sec. 81. NRS 228.150 is hereby amended to read as follows:
45-33 228.150 1. When requested, the attorney general shall give his
45-34 opinion, in writing, upon any question of law, to the governor, the secretary
45-35 of state, the state controller, the state treasurer, the director of the
45-36 department of [prisons,] corrections, to the head of any state department,
45-37 agency, board or commission, to any district attorney and to any city
45-38 attorney of any incorporated city within the State of Nevada, upon any
45-39 question of law relating to their respective offices, departments, agencies,
45-40 boards or commissions.
45-41 2. Nothing contained in subsection 1 requires the attorney general to
45-42 give his written opinion to any city attorney concerning questions relating
45-43 to the interpretation or construction of city ordinances.
45-44 3. The attorney general is not entitled to receive any fee for the
45-45 performance of any duty required of him by law, but money may be paid to
45-46 his office or pursuant to law or an agreement with an agency of the state
45-47 for the performance of any duty or service by his office.
46-1 Sec. 82. NRS 228.170 is hereby amended to read as follows:
46-2 228.170 1. Whenever the governor directs or when, in the opinion of
46-3 the attorney general, to protect and secure the interest of the state it is
46-4 necessary that a suit be commenced or defended in any federal or state
46-5 court, the attorney general shall commence the action or make the defense.
46-6 2. The attorney general may investigate and prosecute any crime
46-7 committed by a person:
46-8 (a) Confined in or committed to an institution or facility of the
46-9 department of [prisons.] corrections.
46-10 (b) Acting in concert with, whether as a principal or accessory, any
46-11 person confined in or committed to an institution or facility of the
46-12 department of [prisons.] corrections.
46-13 (c) In violation of chapter 212 of NRS, if the crime involves:
46-14 (1) An institution or facility of the department of [prisons;]
46-15 corrections; or
46-16 (2) A person confined in or committed to such an institution or
46-17 facility.
46-18 Sec. 83. NRS 233B.039 is hereby amended to read as follows:
46-19 233B.039 1. The following agencies are entirely exempted from the
46-20 requirements of this chapter:
46-21 (a) The governor.
46-22 (b) The department of [prisons.] corrections.
46-23 (c) The University and Community College System of Nevada.
46-24 (d) The office of the military.
46-25 (e) The state gaming control board.
46-26 (f) The Nevada gaming commission.
46-27 (g) The welfare division of the department of human resources.
46-28 (h) The division of health care financing and policy of the department of
46-29 human resources.
46-30 (i) The state board of examiners acting pursuant to chapter 217 of NRS.
46-31 (j) Except as otherwise provided in NRS 533.365, the office of the state
46-32 engineer.
46-33 (k) The division of industrial relations of the department of business and
46-34 industry acting to enforce the provisions of NRS 618.375.
46-35 (l) The board to review claims in adopting resolutions to carry out its
46-36 duties pursuant to NRS 590.830.
46-37 2. Except as otherwise provided in NRS 391.323, the department of
46-38 education, the board of the public employees’ benefits program and the
46-39 commission on professional standards in education are subject to the
46-40 provisions of this chapter for the purpose of adopting regulations but not
46-41 with respect to any contested case.
46-42 3. The special provisions of:
46-43 (a) Chapter 612 of NRS for the distribution of regulations by and the
46-44 judicial review of decisions of the employment security division of the
46-45 department of employment, training and rehabilitation;
46-46 (b) Chapters 616A to 617, inclusive, of NRS for the determination of
46-47 contested claims;
46-48 (c) Chapter 703 of NRS for the judicial review of decisions of the
46-49 public utilities commission of Nevada;
47-1 (d) Chapter 91 of NRS for the judicial review of decisions of the
47-2 administrator of the securities division of the office of the secretary of
47-3 state; and
47-4 (e) NRS 90.800 for the use of summary orders in contested cases,
47-5 prevail over the general provisions of this chapter.
47-6 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and
47-7 233B.126 do not apply to the department of human resources in the
47-8 adjudication of contested cases involving the issuance of letters of approval
47-9 for health facilities and agencies.
47-10 5. The provisions of this chapter do not apply to:
47-11 (a) Any order for immediate action, including, but not limited to,
47-12 quarantine and the treatment or cleansing of infected or infested animals,
47-13 objects or premises, made under the authority of the state board of
47-14 agriculture, the state board of health, the state board of sheep
47-15 commissioners or any other agency of this state in the discharge of a
47-16 responsibility for the preservation of human or animal health or for insect
47-17 or pest control; or
47-18 (b) An extraordinary regulation of the state board of pharmacy adopted
47-19 pursuant to NRS 453.2184.
47-20 6. The state board of parole commissioners is subject to the provisions
47-21 of this chapter for the purpose of adopting regulations but not with respect
47-22 to any contested case.
47-23 Sec. 84. NRS 281.210 is hereby amended to read as follows:
47-24 281.210 1. Except as otherwise provided in this section, it is
47-25 unlawful for any person acting as a school trustee, state, township,
47-26 municipal or county officer, or as an employing authority of the University
47-27 and Community College System of Nevada, any school district or of the
47-28 state, any town, city or county, or for any state or local board, agency or
47-29 commission, elected or appointed, to employ in any capacity on behalf of
47-30 the State of Nevada, or any county, township, municipality or school
47-31 district thereof, or the University and Community College System of
47-32 Nevada, any relative of such a person or of any member of such a board,
47-33 agency or commission who is within the third degree of consanguinity or
47-34 affinity.
47-35 2. This section does not apply:
47-36 (a) To school districts, when the teacher or other school employee is not
47-37 related to more than one of the trustees or person who is an employing
47-38 authority by consanguinity or affinity and receives a unanimous vote of all
47-39 members of the board of trustees and approval by the state department of
47-40 education.
47-41 (b) To school districts, when the teacher or other school employee has
47-42 been employed by an abolished school district or educational district,
47-43 which constitutes a part of the employing county school district, and the
47-44 county school district for 4 years or more before April 1, 1957.
47-45 (c) To the spouse of the warden of an institution or manager of a facility
47-46 of the department of [prisons.] corrections.
47-47 (d) To the spouse of the superintendent of the Caliente youth center.
47-48 (e) To relatives of blind officers and employees of the bureau of
47-49 services to the blind and visually impaired of the rehabilitation division of
48-1 the department of employment, training and rehabilitation when those
48-2 relatives are employed as automobile drivers for those officers and
48-3 employees.
48-4 (f) To relatives of a member of a town board of a town whose
48-5 population is less than 300.
48-6 3. Nothing in this section:
48-7 (a) Prevents any officer in this state, employed under a flat salary, from
48-8 employing any suitable person to assist in any such employment, when the
48-9 payment for the service is met out of the personal money of the officer.
48-10 (b) Disqualifies any widow with a dependent as an employee of any
48-11 officer or board in this state, or any of its counties, townships,
48-12 municipalities or school districts.
48-13 4. A person employed contrary to the provisions of this section must
48-14 not be compensated for the employment.
48-15 5. Any person violating any provisions of this section is guilty of a
48-16 gross misdemeanor.
48-17 Sec. 85. NRS 281.210 is hereby amended to read as follows:
48-18 281.210 1. Except as otherwise provided in this section, it is
48-19 unlawful for any person acting as a school trustee, state, township,
48-20 municipal or county officer, or as an employing authority of the University
48-21 and Community College System of Nevada, any school district or of the
48-22 state, any town, city or county, or for any state or local board, agency or
48-23 commission, elected or appointed, to employ in any capacity on behalf of
48-24 the State of Nevada, or any county, township, municipality or school
48-25 district thereof, or the University and Community College System of
48-26 Nevada, any relative of such a person or of any member of such a board,
48-27 agency or commission who is within the third degree of consanguinity or
48-28 affinity.
48-29 2. This section does not apply:
48-30 (a) To school districts, when the teacher or other school employee is not
48-31 related to more than one of the trustees or person who is an employing
48-32 authority by consanguinity or affinity and receives a unanimous vote of all
48-33 members of the board of trustees and approval by the state department of
48-34 education.
48-35 (b) To school districts, when the teacher or other school employee has
48-36 been employed by an abolished school district or educational district,
48-37 which constitutes a part of the employing county school district, and the
48-38 county school district for 4 years or more before April 1, 1957.
48-39 (c) To the spouse of the warden of an institution or manager of a facility
48-40 of the department of [prisons.] corrections.
48-41 (d) To the spouse of the superintendent of the Caliente youth center.
48-42 (e) To relatives of blind officers and employees of the bureau of
48-43 services to the blind and visually impaired of the rehabilitation division of
48-44 the department of employment, training and rehabilitation when those
48-45 relatives are employed as automobile drivers for those officers and
48-46 employees.
49-1 3. Nothing in this section:
49-2 (a) Prevents any officer in this state, employed under a flat salary, from
49-3 employing any suitable person to assist in any such employment, when the
49-4 payment for the service is met out of the personal money of the officer.
49-5 (b) Disqualifies any widow with a dependent as an employee of any
49-6 officer or board in this state, or any of its counties, townships,
49-7 municipalities or school districts.
49-8 4. A person employed contrary to the provisions of this section must
49-9 not be compensated for the employment.
49-10 5. Any person violating any provisions of this section is guilty of a
49-11 gross misdemeanor.
49-12 Sec. 86. NRS 289.220 is hereby amended to read as follows:
49-13 289.220 1. The director of the department of [prisons,] corrections,
49-14 and any officer or employee of the department so designated by the
49-15 director, have the powers of a peace officer when performing duties
49-16 prescribed by the director. For the purposes of this subsection, the duties
49-17 which may be prescribed by the director include, but are not limited to,
49-18 pursuit and return of escaped offenders, transportation and escort of
49-19 offenders and the general exercise of control over offenders within or
49-20 outside the confines of the institutions and facilities of the department.
49-21 2. A person appointed pursuant to NRS 211.115 to administer
49-22 detention facilities or a jail, and his subordinate jailers, corrections officers
49-23 and other employees whose duties involve law enforcement have the
49-24 powers of a peace officer.
49-25 Sec. 87. NRS 289.480 is hereby amended to read as follows:
49-26 289.480 “Category III peace officer” means a peace officer whose
49-27 authority is limited to correctional services, including the superintendents
49-28 and correctional officers of the department of [prisons.] corrections.
49-29 Sec. 88. NRS 289.550 is hereby amended to read as follows:
49-30 289.550 The persons upon whom some or all of the powers of a peace
49-31 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must
49-32 be certified by the commission, except:
49-33 1. The chief parole and probation officer;
49-34 2. The director of the department of [prisons;] corrections;
49-35 3. The state fire marshal;
49-36 4. The director of the department of motor vehicles and public safety,
49-37 the deputy directors of the department, the chiefs of the divisions of the
49-38 department other than the investigation division, and the members of the
49-39 state disaster identification team of the division of emergency management
49-40 of the department;
49-41 5. The commissioner of insurance and his chief deputy;
49-42 6. Railroad policemen; and
49-43 7. California correctional officers.
49-44 Sec. 89. NRS 333.175 is hereby amended to read as follows:
49-45 333.175 The chief may exempt from the provisions of this chapter
49-46 purchases made by the department of [prisons,] corrections, with money
49-47 from the offenders’ store fund, for the provision and maintenance of
49-48 canteens for offenders.
50-1 Sec. 90. NRS 334.010 is hereby amended to read as follows:
50-2 334.010 1. No automobile may be purchased by any department,
50-3 office, bureau, officer or employee of the state without prior written
50-4 consent of the state board of examiners.
50-5 2. All such automobiles must be used for official purposes only.
50-6 3. All such automobiles, except:
50-7 (a) Automobiles maintained for and used by the governor;
50-8 (b) Automobiles used by or under the authority and direction of the
50-9 chief parole and probation officer, the state contractors’ board and auditors,
50-10 the state fire marshal, the investigation division of the department of motor
50-11 vehicles and public safety, the investigators of the state gaming control
50-12 board, the investigators of the securities division of the office of the
50-13 secretary of state and the investigators of the attorney general;
50-14 (c) One automobile used by the department of [prisons;] corrections;
50-15 (d) Two automobiles used by the Caliente youth center;
50-16 (e) Three automobiles used by the Nevada youth training center; and
50-17 (f) Four automobiles used by the youth parole bureau of the division of
50-18 child and family services of the department of human resources,
50-19 must be labeled by painting the words “State of Nevada” and “For Official
50-20 Use Only” on the automobiles in plain lettering. The director of the
50-21 department of administration or his representative shall prescribe the size
50-22 and location of the label for all such automobiles.
50-23 4. Any officer or employee of the State of Nevada who violates any
50-24 provision of this section is guilty of a misdemeanor.
50-25 Sec. 91. NRS 380A.041 is hereby amended to read as follows:
50-26 380A.041 1. The governor shall appoint to the state council on
50-27 libraries and literacy:
50-28 (a) A representative of public libraries;
50-29 (b) A trustee of a legally established library or library system;
50-30 (c) A representative of school libraries;
50-31 (d) A representative of academic libraries;
50-32 (e) A representative of special libraries or institutional libraries;
50-33 (f) A representative of persons with disabilities;
50-34 (g) A representative of the public who uses these libraries;
50-35 (h) A representative of recognized state labor organizations;
50-36 (i) A representative of private sector employers;
50-37 (j) A representative of private literacy organizations, voluntary literacy
50-38 organizations or community-based literacy organizations; and
50-39 (k) A classroom teacher who has demonstrated outstanding results in
50-40 teaching children or adults to read.
50-41 2. The director of the following state agencies or their designees shall
50-42 serve as ex officio members of the council pursuant to Public Law No.
50-43 102-73:
50-44 (a) The department of museums, library and arts;
50-45 (b) The department of education;
50-46 (c) The state job training office;
50-47 (d) The department of human resources;
50-48 (e) The commission on economic development; and
50-49 (f) The department of [prisons.] corrections.
51-1 3. Officers of state government whose agencies provide funding for
51-2 literacy services may be designated by the governor or the chairman of the
51-3 council to serve whenever matters within the jurisdiction of the agency are
51-4 considered by the council.
51-5 4. The governor shall ensure that there is appropriate representation on
51-6 the advisory council of urban and rural areas of the state, women, persons
51-7 with disabilities and racial and ethnic minorities.
51-8 5. A person may not serve as a member of the council for more than
51-9 two consecutive terms.
51-10 Sec. 92. NRS 387.1233 is hereby amended to read as follows:
51-11 387.1233 1. Except as otherwise provided in subsection 2, basic
51-12 support of each school district must be computed by:
51-13 (a) Multiplying the basic support guarantee per pupil established for that
51-14 school district for that school year by the sum of:
51-15 (1) Six-tenths the count of pupils enrolled in the kindergarten
51-16 department on the last day of the first school month of the school district
51-17 for the school year, including, without limitation, the count of pupils who
51-18 reside in the county and are enrolled in any charter school on the last day
51-19 of the first school month of the school district for the school year.
51-20 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the
51-21 last day of the first school month of the school district for the school year,
51-22 including, without limitation, the count of pupils who reside in the county
51-23 and are enrolled in any charter school on the last day of the first school
51-24 month of the school district for the school year.
51-25 (3) The count of pupils not included under subparagraph (1) or (2)
51-26 who are receiving special education pursuant to the provisions of NRS
51-27 388.440 to 388.520, inclusive, on the last day of the first school month of
51-28 the school district for the school year, excluding the count of pupils who
51-29 have not attained the age of 5 years and who are receiving special
51-30 education pursuant to subsection 1 of NRS 388.490 on that day.
51-31 (4) Six-tenths the count of pupils who have not attained the age of 5
51-32 years and who are receiving special education pursuant to subsection 1 of
51-33 NRS 388.490 on the last day of the first school month of the school district
51-34 for the school year.
51-35 (5) The count of children detained in detention homes, alternative
51-36 programs and juvenile forestry camps receiving instruction pursuant to the
51-37 provisions of NRS 388.550, 388.560 and 388.570 on the last day of the
51-38 first school month of the school district for the school year.
51-39 (6) The count of pupils who are enrolled in classes for at least one
51-40 semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS
51-41 392.070, expressed as a percentage of the total time services are provided
51-42 to those pupils per school day in proportion to the total time services are
51-43 provided during a school day to pupils who are counted pursuant to
51-44 subparagraph (2).
51-45 (b) Multiplying the number of special education program units
51-46 maintained and operated by the amount per program established for that
51-47 school year.
51-48 (c) Adding the amounts computed in paragraphs (a) and (b).
52-1 2. If the enrollment of pupils in a school district or a charter school
52-2 that is located within the school district on the last day of the first school
52-3 month of the school district for the school year is less than the enrollment
52-4 of pupils in the same school district or charter school on the last day of the
52-5 first school month of the school district for the immediately preceding
52-6 school year, the larger number must be used for purposes of apportioning
52-7 money from the state distributive school account to that school district or
52-8 charter school pursuant to NRS 387.124.
52-9 3. Pupils who are excused from attendance at examinations or have
52-10 completed their work in accordance with the rules of the board of trustees
52-11 must be credited with attendance during that period.
52-12 4. Pupils who are incarcerated in a facility or institution operated by
52-13 the department of [prisons] corrections must not be counted for the
52-14 purpose of computing basic support pursuant to this section. The average
52-15 daily attendance for such pupils must be reported to the department of
52-16 education.
52-17 5. Part-time pupils who are enrolled in courses which are approved by
52-18 the department as meeting the requirements for an adult to earn a high
52-19 school diploma must not be counted for the purpose of computing basic
52-20 support pursuant to this section. The average daily attendance for such
52-21 pupils must be reported to the department.
52-22 Sec. 93. NRS 391.090 is hereby amended to read as follows:
52-23 391.090 1. Any person who is:
52-24 (a) Granted a license to teach or perform other educational functions in
52-25 the public schools of Nevada, in the school conducted at the Nevada youth
52-26 training center or the Caliente youth center or for any program of
52-27 instruction for kindergarten or grades 1 to 12, inclusive, conducted at any
52-28 correctional institution in the department of [prisons;] corrections; or
52-29 (b) Charged with the duty at the Nevada youth training center or the
52-30 Caliente youth center of giving instruction in the Constitution of the United
52-31 States and the constitution of the State of Nevada,
52-32 must show, by examination or credentials showing college, university or
52-33 normal school study, satisfactory evidence of adequate knowledge of the
52-34 origin, history, provisions and principles of the Constitution of the United
52-35 States and the constitution of the State of Nevada.
52-36 2. The commission may grant a reasonable time for compliance with
52-37 the terms of this section.
52-38 Sec. 94. NRS 425.393 is hereby amended to read as follows:
52-39 425.393 1. The chief may request the following information to carry
52-40 out the provisions of this chapter:
52-41 (a) The records of the following public officers and state, county and
52-42 local agencies:
52-43 (1) The state registrar of vital statistics;
52-44 (2) Agencies responsible for maintaining records relating to state and
52-45 local taxes and revenue;
52-46 (3) Agencies responsible for keeping records concerning real
52-47 property and personal property for which a title must be obtained;
52-48 (4) All boards, commissions and agencies that issue occupational or
52-49 professional licenses, certificates or permits;
53-1 (5) The secretary of state;
53-2 (6) The employment security division of the department of
53-3 employment, training and rehabilitation;
53-4 (7) Agencies that administer public assistance;
53-5 (8) The department of motor vehicles and public safety;
53-6 (9) The department of [prisons;] corrections; and
53-7 (10) Law enforcement agencies and any other agencies that maintain
53-8 records of criminal history.
53-9 (b) The names and addresses of:
53-10 (1) The customers of public utilities and community antenna
53-11 television companies; and
53-12 (2) The employers of the customers described in subparagraph (1).
53-13 (c) Information in the possession of financial institutions relating to the
53-14 assets, liabilities and any other details of the finances of a person.
53-15 (d) Information in the possession of a public or private employer
53-16 relating to the employment, compensation and benefits of a person
53-17 employed by the employer as an employee or independent contractor.
53-18 2. If a person or other entity fails to supply the information requested
53-19 pursuant to subsection 1, the administrator may issue a subpoena to compel
53-20 the person or entity to provide that information. A person or entity who
53-21 fails to comply with a request made pursuant to subsection 1 is subject to a
53-22 civil penalty not to exceed $500 for each failure to comply.
53-23 3. A disclosure made in good faith pursuant to subsection 1 does not
53-24 give rise to any action for damages for the disclosure.
53-25 Sec. 95. NRS 426.630 is hereby amended to read as follows:
53-26 426.630 As used in NRS 426.630 to 426.720, inclusive, unless the
53-27 context otherwise requires:
53-28 1. “Operator” means the individual blind person responsible for the
53-29 day-to-day operation of the vending stand.
53-30 2. “Public building” or “property” means any building, land or other
53-31 real property, owned, leased or occupied by any department or agency of
53-32 the state or any of its political subdivisions except public elementary and
53-33 secondary schools, the University and Community College System of
53-34 Nevada, the Nevada state park system and the department of [prisons.]
53-35 corrections.
53-36 3. “Vending stand” means:
53-37 (a) Such buildings, shelters, counters, shelving, display and wall cases,
53-38 refrigerating apparatus and other appropriate auxiliary equipment as are
53-39 necessary or customarily used for the vending of such articles or the
53-40 provision of such services as may be approved by the bureau and the
53-41 department or agency having care, custody and control of the building or
53-42 property in or on which the vending stand is located;
53-43 (b) Manual or coin-operated vending machines or similar devices for
53-44 vending such articles, operated in a particular building, even though no
53-45 person is physically present on the premises except to service the
53-46 machines;
53-47 (c) A cafeteria or snack bar for the dispensing of foodstuffs and
53-48 beverages; or
54-1 (d) Portable shelters which can be disassembled and reassembled, and
54-2 the equipment therein, used for the vending of approved articles, foodstuffs
54-3 or beverages or the provision of approved services.
54-4 Sec. 96. NRS 433A.450 is hereby amended to read as follows:
54-5 433A.450 When a psychiatrist and one other person professionally
54-6 qualified in the field of psychiatric mental health determines that an
54-7 offender confined in an institution of the department of [prisons]
54-8 corrections is mentally ill, the director of the department of [prisons]
54-9 corrections shall apply to the administrator for the offender’s detention and
54-10 treatment at a division facility selected by the administrator. If the
54-11 administrator determines that adequate security or treatment is not
54-12 available in a division facility, the administrator shall provide, within the
54-13 resources available to the division and as he deems necessary, consultation
54-14 and other appropriate services for the offender at the place where he is
54-15 confined. It is the director’s decision whether to accept such services.
54-16 Sec. 97. NRS 444.330 is hereby amended to read as follows:
54-17 444.330 1. The health division has supervision over the sanitation,
54-18 healthfulness, cleanliness and safety, as it pertains to the foregoing matters,
54-19 of the following state institutions:
54-20 (a) Institutions and facilities of the department of [prisons.] corrections.
54-21 (b) Nevada mental health institute.
54-22 (c) Nevada youth training center.
54-23 (d) Caliente youth center.
54-24 (e) Northern Nevada children’s home.
54-25 (f) Southern Nevada children’s home.
54-26 (g) University and Community College System of Nevada.
54-27 2. The state board of health may adopt regulations pertaining thereto as
54-28 are necessary to promote properly the sanitation, healthfulness, cleanliness
54-29 and, as it pertains to the foregoing matters, the safety of those institutions.
54-30 3. The state health officer or his authorized agent shall inspect those
54-31 institutions at least once each calendar year and whenever he deems an
54-32 inspection necessary to carry out the provisions of this section.
54-33 4. The state health officer may publish reports of the inspections.
54-34 5. All persons charged with the duty of maintenance and operation of
54-35 the institutions named in this section shall operate the institutions in
54-36 conformity with the regulations adopted by the state board of health
54-37 pursuant to subsection 2.
54-38 6. The state health officer or his authorized agent may, in carrying out
54-39 the provisions of this section, enter upon any part of the premises of any of
54-40 the institutions named in this section over which he has jurisdiction, to
54-41 determine the sanitary conditions of the institutions and to determine
54-42 whether the provisions of this section and the regulations of the state board
54-43 of health pertaining thereto are being violated.
54-44 Sec. 98. NRS 453.3363 is hereby amended to read as follows:
54-45 453.3363 1. If a person who has not previously been convicted of
54-46 any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to
54-47 any statute of the United States or of any state relating to narcotic drugs,
54-48 marijuana, or stimulant, depressant or hallucinogenic substances tenders a
54-49 plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a
55-1 charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of
55-2 one of those charges, the court, without entering a judgment of conviction
55-3 and with the consent of the accused, may suspend further proceedings and
55-4 place him on probation upon terms and conditions that must include
55-5 attendance and successful completion of an educational program or, in the
55-6 case of a person dependent upon drugs, of a program of treatment and
55-7 rehabilitation pursuant to NRS 453.580.
55-8 2. Upon violation of a term or condition, the court may enter a
55-9 judgment of conviction and proceed as provided in the section pursuant to
55-10 which the accused was charged. Notwithstanding the provisions of
55-11 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
55-12 condition, the court may order the person to the custody of the department
55-13 of [prisons.] corrections.
55-14 3. Upon fulfillment of the terms and conditions, the court shall
55-15 discharge the accused and dismiss the proceedings against him. A
55-16 nonpublic record of the dismissal must be transmitted to and retained by
55-17 the division of parole and probation of the department of motor vehicles
55-18 and public safety solely for the use of the courts in determining whether, in
55-19 later proceedings, the person qualifies under this section.
55-20 4. Except as otherwise provided in subsection 5, discharge and
55-21 dismissal under this section is without adjudication of guilt and is not a
55-22 conviction for purposes of this section or for purposes of employment, civil
55-23 rights or any statute or regulation or license or questionnaire or for any
55-24 other public or private purpose, but is a conviction for the purpose of
55-25 additional penalties imposed for second or subsequent convictions or the
55-26 setting of bail. Discharge and dismissal restores the person discharged, in
55-27 the contemplation of the law, to the status occupied before the arrest,
55-28 indictment or information. He may not be held thereafter under any law to
55-29 be guilty of perjury or otherwise giving a false statement by reason of
55-30 failure to recite or acknowledge that arrest, indictment, information or trial
55-31 in response to an inquiry made of him for any purpose. Discharge and
55-32 dismissal under this section may occur only once with respect to any
55-33 person.
55-34 5. A professional licensing board may consider a proceeding under this
55-35 section in determining suitability for a license or liability to discipline for
55-36 misconduct. Such a board is entitled for those purposes to a truthful answer
55-37 from the applicant or licensee concerning any such proceeding with respect
55-38 to him.
55-39 Sec. 99. NRS 453.377 is hereby amended to read as follows:
55-40 453.377 A controlled substance may be dispensed by:
55-41 1. A registered pharmacist upon a legal prescription from a practitioner
55-42 or to a pharmacy in a correctional institution upon the written order of the
55-43 prescribing practitioner in charge.
55-44 2. A pharmacy in a correctional institution, in case of emergency, upon
55-45 a written order signed by the chief medical officer.
55-46 3. A practitioner.
55-47 4. A registered nurse, when the state, county, city or district health
55-48 officer has declared a state of emergency.
55-49 5. A medical intern in the course of his internship.
56-1 6. An advanced practitioner of nursing who holds a certificate from the
56-2 state board of nursing and a certificate from the state board of pharmacy
56-3 permitting him to dispense controlled substances.
56-4 7. A pharmacy in an institution of the department of [prisons]
56-5 corrections to a person designated by the director of the department of
56-6 [prisons] corrections to administer a lethal injection to a person who has
56-7 been sentenced to death.
56-8 8. A registered pharmacist from an institutional pharmacy, pursuant to
56-9 regulations adopted by the board.
56-10 Sec. 100. NRS 454.215 is hereby amended to read as follows:
56-11 454.215 A dangerous drug may be dispensed by:
56-12 1. A registered pharmacist upon the legal prescription from a
56-13 practitioner or to a pharmacy in a correctional institution upon the written
56-14 order of the prescribing practitioner in charge;
56-15 2. A pharmacy in a correctional institution, in case of emergency, upon
56-16 a written order signed by the chief medical officer;
56-17 3. A practitioner, or a physician’s assistant if authorized by the board;
56-18 4. A registered nurse, when the nurse is engaged in the performance of
56-19 any public health program approved by the board;
56-20 5. A medical intern in the course of his internship;
56-21 6. An advanced practitioner of nursing who holds a certificate from the
56-22 state board of nursing and a certificate from the state board of pharmacy
56-23 permitting him to dispense dangerous drugs;
56-24 7. A registered nurse employed at an institution of the department of
56-25 [prisons] corrections to an offender in that institution; or
56-26 8. A registered pharmacist from an institutional pharmacy pursuant to
56-27 regulations adopted by the board,
56-28 except that no person may dispense a dangerous drug in violation of a
56-29 regulation adopted by the board.
56-30 Sec. 101. NRS 454.221 is hereby amended to read as follows:
56-31 454.221 1. A person who furnishes any dangerous drug except upon
56-32 the prescription of a practitioner is guilty of a category D felony and shall
56-33 be punished as provided in NRS 193.130, unless the dangerous drug was
56-34 obtained originally by a legal prescription.
56-35 2. The provisions of this section do not apply to the furnishing of any
56-36 dangerous drug by:
56-37 (a) A practitioner to his patients;
56-38 (b) A physician’s assistant if authorized by the board;
56-39 (c) A registered nurse while participating in a public health program
56-40 approved by the board, or an advanced practitioner of nursing who holds a
56-41 certificate from the state board of nursing and a certificate from the state
56-42 board of pharmacy permitting him to dispense dangerous drugs;
56-43 (d) A manufacturer or wholesaler or pharmacy to each other or to a
56-44 practitioner or to a laboratory under records of sales and purchases that
56-45 correctly give the date, the names and addresses of the supplier and the
56-46 buyer, the drug and its quantity;
56-47 (e) A hospital pharmacy or a pharmacy so designated by a county health
56-48 officer in a county whose population is 100,000 or more, or by a district
56-49 health officer in any county within its jurisdiction or, in the absence of
57-1 either, by the state health officer or his designated medical director of
57-2 emergency medical services, to a person or agency described in subsection
57-3 3 of NRS 639.268 to stock ambulances or other authorized vehicles or
57-4 replenish the stock; or
57-5 (f) A pharmacy in a correctional institution to a person designated by
57-6 the director of the department of [prisons] corrections to administer a
57-7 lethal injection to a person who has been sentenced to death.
57-8 Sec. 102. NRS 458.380 is hereby amended to read as follows:
57-9 458.380 1. The commission on substance abuse education,
57-10 prevention, enforcement and treatment is hereby created within the
57-11 department of motor vehicles and public safety.
57-12 2. The governor shall appoint as voting members of the commission:
57-13 (a) Three members who represent the criminal justice system and are
57-14 knowledgeable in the areas of the enforcement of laws relating to drugs,
57-15 parole and probation and the judicial system, at least one of whom is a
57-16 peace officer;
57-17 (b) Three members who represent education and are knowledgeable
57-18 about programs for the prevention of abuse of drugs and alcohol, at least
57-19 one of whom is a licensed employee of a local school district;
57-20 (c) Three members who represent programs and organizations for the
57-21 rehabilitation of persons who abuse drugs and alcohol, at least one of
57-22 whom is a manager of a program accredited by the state to treat persons
57-23 who abuse drugs and alcohol;
57-24 (d) One member who is employed by the bureau and has experience in
57-25 matters concerning budgeting and experience in working with the
57-26 programs of the bureau;
57-27 (e) One member who is employed by the division of mental health and
57-28 developmental services of the department of human resources who has
57-29 relevant experience, which may include, without limitation, experience in
57-30 matters concerning budgeting and experience in working with programs of
57-31 the division of mental health and developmental services of the department
57-32 of human resources;
57-33 (f) One member who represents the interests of private businesses
57-34 concerning substance abuse in the workplace; and
57-35 (g) Three members who represent the general public, one of whom is
57-36 the parent of a child who has a mental illness or who has or has had a
57-37 problem with substance abuse.
57-38 3. At least three of the voting members of the commission must be
57-39 representatives of northern Nevada, three must be representatives of
57-40 southern Nevada and three must be representatives of rural Nevada.
57-41 4. The legislative commission shall appoint one member of the senate
57-42 and one member of the assembly to serve as nonvoting members of the
57-43 commission. Such members must be appointed with appropriate regard for
57-44 their experience with and knowledge of matters relating to substance abuse
57-45 education, prevention, enforcement and treatment.
57-46 5. The director of the department of human resources, the
57-47 superintendent of public instruction, the director of the department of
57-48 employment, training and rehabilitation, the director of the department of
57-49 [prisons,] corrections, the attorney general and the director of the
58-1 department of motor vehicles and public safety are ex officio nonvoting
58-2 members of the commission. An ex officio member may designate a
58-3 representative to serve in his place on the commission or to attend a
58-4 meeting of the commission in his place. Each ex officio member or his
58-5 representative shall attend each meeting of the commission and provide
58-6 any information which the commission requests.
58-7 6. The term of office of each voting member of the commission is 2
58-8 years.
58-9 7. The governor shall appoint one member who is not an elected
58-10 official to serve as chairman of the commission.
58-11 8. Each member of the commission is entitled to receive the per diem
58-12 allowance and travel expenses provided for state officers and employees
58-13 generally.
58-14 9. Except during a regular or special session of the legislature, each
58-15 legislative member of the commission is entitled to receive the
58-16 compensation provided for a majority of the members of the legislature
58-17 during the first 60 days of the preceding regular session for each day or
58-18 portion of a day during which he attends a meeting of the commission or is
58-19 otherwise engaged in the business of the commission. The salaries and
58-20 expenses of the legislative members of the commission must be paid from
58-21 the legislative fund.
58-22 Sec. 103. NRS 482.267 is hereby amended to read as follows:
58-23 482.267 The director shall utilize the facility for the production of
58-24 license plates which is located at the department of [prisons] corrections to
58-25 produce all license plates required by the department of motor vehicles and
58-26 public safety.
58-27 Sec. 104. NRS 482.368 is hereby amended to read as follows:
58-28 482.368 1. Except as otherwise provided in subsection 2, the
58-29 department shall provide suitable distinguishing license plates for exempt
58-30 vehicles. These plates must be displayed on the vehicles in the same
58-31 manner as provided for privately owned vehicles. The fee for the issuance
58-32 of the plates is $5. Any license plates authorized by this section must be
58-33 immediately returned to the department when the vehicle for which they
58-34 were issued ceases to be used exclusively for the purpose for which it was
58-35 exempted from the privilege tax.
58-36 2. License plates furnished for:
58-37 (a) Those vehicles which are maintained for and used by the governor
58-38 or under the authority and direction of the chief parole and probation
58-39 officer, the state contractors’ board and auditors, the state fire marshal, the
58-40 investigation division of the department and any authorized federal law
58-41 enforcement agency or law enforcement agency from another state;
58-42 (b) One vehicle used by the department of [prisons,] corrections, three
58-43 vehicles used by the division of wildlife of the state department of
58-44 conservation and natural resources, two vehicles used by the Caliente
58-45 youth center and four vehicles used by the Nevada youth training center;
58-46 (c) Vehicles of a city, county or the state, if authorized by the
58-47 department for the purposes of law enforcement or work related thereto or
58-48 such other purposes as are approved upon proper application and
58-49 justification; and
59-1 (d) Vehicles maintained for and used by investigators of the following:
59-2 (1) The state gaming control board;
59-3 (2) The state department of agriculture;
59-4 (3) The attorney general;
59-5 (4) City or county juvenile officers;
59-6 (5) District attorneys’ offices;
59-7 (6) Public administrators’ offices;
59-8 (7) Public guardians’ offices;
59-9 (8) Sheriffs’ offices;
59-10 (9) Police departments in the state; and
59-11 (10) The securities division of the office of the secretary of state,
59-12 must not bear any distinguishing mark which would serve to identify the
59-13 vehicles as owned by the state, county or city. These license plates must be
59-14 issued annually for $12 per plate or, if issued in sets, per set.
59-15 3. The director may enter into agreements with departments of motor
59-16 vehicles of other states providing for exchanges of license plates of regular
59-17 series for vehicles maintained for and used by investigators of the law
59-18 enforcement agencies enumerated in paragraph (d) of subsection 2, subject
59-19 to all of the requirements imposed by that paragraph, except that the fee
59-20 required by that paragraph must not be charged.
59-21 4. Applications for the licenses must be made through the head of the
59-22 department, board, bureau, commission, school district or irrigation
59-23 district, or through the chairman of the board of county commissioners of
59-24 the county or town or through the mayor of the city, owning or controlling
59-25 the vehicles, and no plate or plates may be issued until a certificate has
59-26 been filed with the department showing that the name of the department,
59-27 board, bureau, commission, county, city, town, school district or irrigation
59-28 district, as the case may be, and the words “For Official Use Only” have
59-29 been permanently and legibly affixed to each side of the vehicle, except
59-30 those vehicles enumerated in subsection 2.
59-31 5. As used in this section, “exempt vehicle” means a vehicle exempt
59-32 from the privilege tax, except a vehicle owned by the United States.
59-33 6. The department shall adopt regulations governing the use of all
59-34 license plates provided for in this section. Upon a finding by the
59-35 department of any violation of its regulations, it may revoke the violator’s
59-36 privilege of registering vehicles pursuant to this section.
59-37 Sec. 105. NRS 484.3796 is hereby amended to read as follows:
59-38 484.3796 1. Before sentencing an offender pursuant to NRS
59-39 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall
59-40 require that the offender be evaluated to determine whether he is an abuser
59-41 of alcohol or drugs and whether he can be treated successfully for his
59-42 condition.
59-43 2. The evaluation must be conducted by:
59-44 (a) An alcohol and drug abuse counselor who is licensed or certified
59-45 pursuant to chapter 641C of NRS to make such an evaluation;
59-46 (b) A physician who is certified to make such an evaluation by the
59-47 board of medical examiners; or
59-48 (c) A psychologist who is certified to make such an evaluation by the
59-49 board of psychological examiners.
60-1 3. The alcohol and drug abuse counselor, physician or psychologist
60-2 who conducts the evaluation shall immediately forward the results of the
60-3 evaluation to the director of the department of [prisons.] corrections.
60-4 Sec. 106. NRS 488.430 is hereby amended to read as follows:
60-5 488.430 1. Before sentencing a defendant pursuant to NRS 488.420,
60-6 the court shall require that the defendant be evaluated to determine whether
60-7 he is an abuser of alcohol or drugs and whether he can be treated
60-8 successfully for his condition.
60-9 2. The evaluation must be conducted by:
60-10 (a) An alcohol and drug abuse counselor who is licensed or certified
60-11 pursuant to chapter 641C of NRS to make such an evaluation;
60-12 (b) A physician who is certified to make such an evaluation by the
60-13 board of medical examiners; or
60-14 (c) A psychologist who is certified to make such an evaluation by the
60-15 board of psychological examiners.
60-16 3. The alcohol and drug abuse counselor, physician or psychologist
60-17 who conducts the evaluation shall immediately forward the results of the
60-18 evaluation to the director of the department of [prisons.] corrections.
60-19 Sec. 107. NRS 616B.028 is hereby amended to read as follows:
60-20 616B.028 1. Any offender confined at the state prison, while
60-21 engaged in work in a prison industry or work program, whether the
60-22 program is operated by an institution of the department of [prisons,]
60-23 corrections, by contract with a public entity or by a private employer, is
60-24 entitled to coverage under the modified program of industrial insurance
60-25 established by regulations adopted by the division if the director of the
60-26 department of [prisons] corrections complies with the provisions of the
60-27 regulations, and coverage is approved by a private carrier.
60-28 2. An offender is limited to the rights and remedies established by the
60-29 provisions of the modified program of industrial insurance established by
60-30 regulations adopted by the division. The offender is not entitled to any
60-31 rights and remedies established by the provisions of chapters 616A to 617,
60-32 inclusive, of NRS.
60-33 3. The division shall, in cooperation with the department of [prisons]
60-34 corrections and the risk management division of the department of
60-35 administration, adopt regulations setting forth a modified program of
60-36 industrial insurance to provide offenders with industrial insurance against
60-37 personal injuries arising out of and in the course of their work in a prison
60-38 industry or work program.
60-39 Sec. 108. NRS 617.135 is hereby amended to read as follows:
60-40 617.135 “Police officer” includes:
60-41 1. A sheriff, deputy sheriff, officer of a metropolitan police department
60-42 or city policeman;
60-43 2. A chief, inspector, supervisor, commercial officer or trooper of the
60-44 Nevada highway patrol;
60-45 3. A chief, investigator or agent of the investigation division of the
60-46 department of motor vehicles and public safety;
60-47 4. An officer or investigator of the section for the control of emissions
60-48 from vehicles of the motor vehicles branch of the department of motor
60-49 vehicles and public safety;
61-1 5. An investigator of the division of compliance enforcement of the
61-2 motor vehicles branch of the department of motor vehicles and public
61-3 safety;
61-4 6. A member of the police department of the University and
61-5 Community College System of Nevada;
61-6 7. A:
61-7 (a) Uniformed employee of; or
61-8 (b) Forensic specialist employed by,
61-9 the department of [prisons] corrections whose position requires regular and
61-10 frequent contact with the offenders imprisoned and subjects the employee
61-11 to recall in emergencies;
61-12 8. A parole and probation officer of the division of parole and
61-13 probation of the department of motor vehicles and public safety; and
61-14 9. A forensic specialist or correctional officer employed by the
61-15 division of mental health and development services of the department of
61-16 human resources at facilities for mentally disordered offenders.
61-17 Sec. 109. NRS 629.068 is hereby amended to read as follows:
61-18 629.068 1. A provider of health care shall, upon request of the
61-19 director of the department of [prisons] corrections or his designee, provide
61-20 the department of [prisons] corrections with a complete copy of the health
61-21 care records of an offender confined at the state prison.
61-22 2. Records provided to the department of [prisons] corrections must
61-23 not be used at any public hearing unless:
61-24 (a) The offender named in the records has consented in writing to their
61-25 use; or
61-26 (b) Appropriate procedures are utilized to protect the identity of the
61-27 offender from public disclosure.
61-28 3. A provider of health care and an agent or employee of a provider of
61-29 health care are immune from civil liability for a disclosure made in
61-30 accordance with the provisions of this section.
61-31 Sec. 110. NRS 630.272 is hereby amended to read as follows:
61-32 630.272 1. A physician’s assistant employed at an institution of the
61-33 department of [prisons] corrections may give orders for treatments to a
61-34 nurse working at that institution for the treatment of a patient, including the
61-35 administration of a dangerous drug, poison or related device, if:
61-36 (a) The orders are given pursuant to a protocol approved by the board
61-37 and the supervising physician;
61-38 (b) The physician’s assistant has been awarded a bachelor’s degree from
61-39 a college or university recognized by the board; and
61-40 (c) The physician’s assistant has received at least 40 hours of instruction
61-41 regarding the prescription of medication as a part of either his basic
61-42 educational qualifications or a program of continuing education approved
61-43 by the board.
61-44 2. This section does not authorize a physician’s assistant to give orders
61-45 for the administration of any controlled substance.
61-46 3. For the purposes of this section, “treatments” means the use,
61-47 insertion or application of instruments, apparatus and contrivances,
61-48 including their components, parts and accessories, which do not require a
62-1 prescription for their use and are not included within “device” as defined in
62-2 NRS 585.070.
62-3 Sec. 111. NRS 632.473 is hereby amended to read as follows:
62-4 632.473 1. A nurse licensed pursuant to the provisions of this
62-5 chapter, while working at an institution of the department of [prisons,]
62-6 corrections, may treat patients, including the administration of a dangerous
62-7 drug, poison or related device, pursuant to orders given by a physician’s
62-8 assistant if those orders are given pursuant to a protocol approved by the
62-9 board of medical examiners and the supervising physician. The orders must
62-10 be cosigned by the supervising physician or another physician within 72
62-11 hours after treatment.
62-12 2. A copy of the protocol under which orders are given by a
62-13 physician’s assistant must be available at the institution for review by the
62-14 nurse.
62-15 3. This section does not authorize a physician’s assistant to give orders
62-16 for the administration of any controlled substance.
62-17 4. For the purposes of this section:
62-18 (a) “Physician’s assistant” means a physician’s assistant licensed by the
62-19 board of medical examiners pursuant to chapter 630 of NRS who:
62-20 (1) Is employed at an institution of the department of [prisons;]
62-21 corrections;
62-22 (2) Has been awarded a bachelor’s degree from a college or
62-23 university recognized by the board of medical examiners; and
62-24 (3) Has received at least 40 hours of instruction regarding the
62-25 prescription of medication as a part of either his basic educational
62-26 qualifications or a program of continuing education approved by the board
62-27 of medical examiners.
62-28 (b) “Protocol” means the written directions for the assessment and
62-29 management of specified medical conditions, including the drugs and
62-30 devices the physician’s assistant is authorized to order, which the
62-31 physician’s assistant and the supervision have agreed upon as a basis for
62-32 their practice.
62-33 (c) “Supervising physician” has the meaning ascribed to it in NRS
62-34 630.025.
62-35 Sec. 112. NRS 644.460 is hereby amended to read as follows:
62-36 644.460 1. The following persons are exempt from the provisions of
62-37 this chapter:
62-38 (a) All persons authorized by the laws of this state to practice medicine,
62-39 dentistry, osteopathic medicine, chiropractic or podiatry.
62-40 (b) Commissioned medical officers of the United States Army, Navy, or
62-41 Marine Hospital Service when engaged in the actual performance of their
62-42 official duties, and attendants attached to those services.
62-43 (c) Barbers, insofar as their usual and ordinary vocation and profession
62-44 is concerned, when engaged in any of the following practices:
62-45 (1) Cleansing or singeing the hair of any person.
62-46 (2) Massaging, cleansing, stimulating, exercising or similar work
62-47 upon the scalp, face or neck of any person, with the hands or with
62-48 mechanical or electrical apparatus or appliances, or by the use of cosmetic
62-49 preparations, antiseptics, tonics, lotions or creams.
63-1 (d) Retailers, at a retail establishment, insofar as their usual and
63-2 ordinary vocation and profession is concerned, when engaged in the
63-3 demonstration of make-up if:
63-4 (1) The demonstration is without charge to the person to whom the
63-5 demonstration is given; and
63-6 (2) The retailer does not advertise or provide a cosmetological service
63-7 except make-up and fragrances.
63-8 (e) Photographers or their employees, insofar as their usual and ordinary
63-9 vocation and profession is concerned, if the photographer or his employee
63-10 does not advertise cosmetological services and provides cosmetics without
63-11 charge to the customer.
63-12 2. Any school of cosmetology conducted as part of the vocational
63-13 rehabilitation training program of the department of [prisons] corrections
63-14 or the Caliente youth center:
63-15 (a) Is exempt from the requirements of paragraph (c) of subsection 2 of
63-16 NRS 644.400.
63-17 (b) Notwithstanding the provisions of NRS 644.395, shall maintain a
63-18 staff of at least one licensed instructor.
63-19 Sec. 113. The legislative counsel shall:
63-20 1. In preparing the reprint and supplements to the Nevada Revised
63-21 Statutes, appropriately change any references to an officer, agency or other
63-22 entity whose name is changed or whose responsibilities are transferred
63-23 pursuant to the provisions of this act to refer to the appropriate officer,
63-24 agency or other entity.
63-25 2. In preparing supplements to the Nevada Administrative Code,
63-26 appropriately change any references to an officer, agency or other entity
63-27 whose name is changed or whose responsibilities are transferred pursuant
63-28 to the provisions of this act to refer to the appropriate officer, agency or
63-29 other entity.
63-30 Sec. 114. 1. This section and sections 1 to 84, inclusive, and 86 to
63-31 113, inclusive, of this act become effective on July 1, 2001.
63-32 2. Section 85 of this act becomes effective on July 2, 2009.
63-33 3. Section 84 of this act expires by limitation on July 1, 2009.
63-34 H