Assembly Bill No. 103–Committee on Judiciary

 

(On Behalf of the Department of Corrections)

 

February 13, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Eliminates requirement for Director of Department of Corrections to return certified copy of judgment of conviction to county clerk of issuing county. (BDR 14‑532)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to the Department of Corrections; eliminating the requirement for the Director of the Department of Corrections to return, upon the expiration or termination of the imprisonment of a prisoner, a certified copy of the judgment of conviction to the county clerk of the issuing county; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 176.335 is hereby amended to read as follows:

1-2  176.335  1.  If a judgment is for imprisonment in the state

1-3  prison, the sheriff of the county shall, on receipt of the triplicate

1-4  certified copies of the judgment of conviction, immediately notify

1-5  the Director of the Department of Corrections and the Director shall,

1-6  without delay, send some authorized person to the county where the

1-7  prisoner is held for commitment to receive the prisoner.

1-8  2.  When such an authorized person presents to the sheriff

1-9  holding the prisoner his order for the delivery of the prisoner, the

1-10  sheriff shall deliver to the authorized person two of the certified

1-11  copies of the judgment of conviction and a copy of the report of the

2-1  presentence investigation or general investigation, as appropriate, if

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

2-3  receipt for the prisoner, and the sheriff shall make return upon his

2-4  certified copy of the judgment of conviction, showing his

2-5  proceedings thereunder, and both that copy with the return affixed

2-6  thereto and the receipt from the authorized person must be filed with

2-7  the county clerk.

2-8  3.  The term of imprisonment designated in the judgment of

2-9  conviction must begin on the date of sentence of the prisoner by the

2-10  court.

2-11      [4.  Upon the expiration of the term of imprisonment of the

2-12  prisoner, or the termination thereof for any legal reason, the Director

2-13  of the Department of Corrections shall return one of his certified

2-14  copies of the judgment of conviction to the county clerk of the

2-15  county from whence it was issued, with a brief report of his

2-16  proceedings thereunder endorsed thereon, and the endorsed copy

2-17  must be filed with the county clerk. The return must show the cause

2-18  of the termination of such imprisonment, whether by death, legal

2-19  discharge or otherwise.]

2-20      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-21  H