Nev. Rev. Stat. § 412.267 — NV Code / Title 36 / Chapter 412 / Section 412.267
Arrest of member failing or refusing to report to place of duty; transport; bail
Status: in_force

1. If any member of the Nevada National Guard fails or refuses to report to his or her appointed place of duty, his or her commanding officer may arrest the member or cause him or her to be arrested, and brought before the commanding officer at the unit or organization headquarters, whether such headquarters are located within or without the borders of the State.

2. After an arrest, the commanding officer may transport, or cause to be transported, the person arrested to his or her appointed place of duty.

3. If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he or she may issue a warrant to any peace officer authorized to serve warrants of arrest in aid of any criminal action. Such peace officer shall serve the warrant in the same manner as other warrants of arrest, and make return thereof to the commanding officer issuing the warrant.

4. If the commanding officer issuing the warrant, or the commanding officer’s authorized representative, is not available to receive the person arrested, the arresting officer shall take him or her before the nearest available magistrate in the State.

5. The magistrate may admit the person arrested to bail conditioned upon his or her appearance before the magistrate at a specified time for surrender to the commanding officer issuing the warrant.

6. If the person arrested is unable to give bail, he or she may be held in the county jail for a period not to exceed 3 days, pending his or her surrender to the commanding officer or the commanding officer’s authorized representative.
Nev. Rev. Stat. § 412.287 — NV Code / Title 36 / Chapter 412 / Section 412.287
Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment
Status: in_force

1. Each commanding officer shall maintain good order and discipline in his or her command. If a commanding officer determines that he or she can maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she must do so. If a commanding officer determines that he or she cannot maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she may pursue punitive measures.

2. In determining the appropriate method of punishment, a commanding officer must consider, without limitation: (a) The nature of the offense; (b) The nature of the punishment; (c) The record of the offending serviceman or servicewoman; (d) The need to maintain good order and discipline; and (e) The likely effect of the punitive measures on the record of the offending serviceman or servicewoman.

3. Each commanding officer shall, insofar as is practicable, take action to ensure that: (a) Military justice is exercised promptly and fairly; and (b) Each matter of a disciplinary or punitive nature is resolved: (1) At the lowest appropriate level; and (2) Using the least severe punishment appropriate to the offense.
Nev. Rev. Stat. § 412.4155 — NV Code / Title 36 / Chapter 412 / Section 412.4155
Forfeiture of pay and allowances during period of confinement or parole; waiver
Status: in_force

1. This section applies to any sentence that includes: (a) Confinement for more than 6 months; or (b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge or dismissal.

2. A sentence described in subsection 1 must result in the forfeiture of pay, or of pay and allowances, due the sentenced serviceman or servicewoman during any period of confinement or parole. The forfeiture required pursuant to this subsection must take effect on the date determined under this Code and may be deferred as provided by law. In the case of a general court-martial, all pay and allowances due the sentenced serviceman or servicewoman during such period must be forfeited. In the case of a special court-martial, two-thirds of all pay due the sentenced serviceman or servicewoman during such period must be forfeited.

3. In a case involving an accused who has dependents, the convening authority or other person acting under this Code may waive any or all of the forfeitures of pay and allowances required by subsection 2 for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

4. If the sentence of a serviceman or servicewoman who forfeits pay and allowances under subsection 2 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 1, the serviceman or servicewoman must be paid the pay and allowances which the serviceman or servicewoman would otherwise have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
Nev. Rev. Stat. § 412.316 — NV Code / Title 36 / Chapter 412 / Section 412.316
Sentence of dismissal or dishonorable discharge must be approved by Governor
Status: in_force

In the Nevada National Guard not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor.
Nev. Rev. Stat. § 415A.100 — NV Code / Title 36 / Chapter 415A / Section 415A.100
“Health practitioner” defined
Status: in_force

“ Health practitioner ” means:

1. A provider of health care, as that term is defined in NRS 629.031 ;

2. Any other individual licensed to provide health care pursuant to the provisions of Title 54 of NRS; or

3. An individual licensed in the professions under the laws of another state to provide health or veterinary services.
Nev. Rev. Stat. § 412.404 — NV Code / Title 36 / Chapter 412 / Section 412.404
Record of trial
Status: in_force

1. Each general and special court-martial must keep a separate record of the proceedings of the trial of each case brought before it and the record must be authenticated by the signatures of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his or her absence, it must be signed by a member in lieu of him or her. If both the president and the military judge are unavailable, the record must be authenticated by two members. In a court-martial consisting of only a military judge, the court reporter shall authenticate the record under the same conditions which would impose such a duty on a member pursuant to this subsection.

2. A complete verbatim record of the proceedings and testimony must be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record must contain such matters as may be prescribed by regulations.

3. Each summary court-martial must keep a separate record of the proceedings in each case, and the record must be authenticated in the manner as may be prescribed by regulations.

4. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 2, the accused may buy such a record in accordance with Office regulations.
Nev. Rev. Stat. § 412.476 — NV Code / Title 36 / Chapter 412 / Section 412.476
Absence without leave
Status: in_force

Any person subject to this Code who, without authority:

1. Fails to go to his or her appointed place of duty at the time prescribed;

2. Goes from that place; or

3. Absents himself or herself or remains absent from his or her unit, organization or place of duty at which the person is required to be at the time prescribed,

shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.247 — NV Code / Title 36 / Chapter 412 / Section 412.247
“Staff judge advocate” defined
Status: in_force

“Staff judge advocate” means a commissioned officer responsible for supervising the administration of military justice within a command.
Nev. Rev. Stat. § 412.056 — NV Code / Title 36 / Chapter 412 / Section 412.056
Designation of Acting Adjutant General by Governor; compensation
Status: in_force

1. If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the Adjutant General and Assistant Adjutants General, the Governor may appoint an Acting Adjutant General who shall assume the responsibilities and powers and perform all duties required of the Adjutant General, and who must be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General.

2. If, on the occurrence of a vacancy in the office of Adjutant General, there is no qualified and appointed Assistant Adjutant General, the Governor may designate an Acting Adjutant General who shall assume temporarily the responsibilities and powers and perform all duties required of the Adjutant General until such time as an Adjutant General is regularly appointed and qualified. An Acting Adjutant General designated under this provision must have the same qualifications as are required for the appointment of an Adjutant General.

3. The Acting Adjutant General serving under the terms of this section must be compensated as determined by the Governor, but the amount must not exceed that authorized for a regularly appointed Adjutant General.
Nev. Rev. Stat. § 414.190 — NV Code / Title 36 / Chapter 414 / Section 414.190
Board of Search and Rescue: Regulations
Status: in_force

The Board may, by majority vote, adopt regulations for the administration of laws regarding searches and rescues.
Nev. Rev. Stat. § 412.496 — NV Code / Title 36 / Chapter 412 / Section 412.496
Mutiny or sedition
Status: in_force

1. Any person subject to this Code who: (a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny. (b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition. (c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

2. A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 414A.050 — NV Code / Title 36 / Chapter 414A / Section 414A.050
“Public agency” defined
Status: in_force

“ Public agency ” means any political subdivision of this State, including, without limitation, counties, incorporated cities and towns, including Carson City, unincorporated towns, school districts, special districts and other districts.
Nev. Rev. Stat. § 412.256 — NV Code / Title 36 / Chapter 412 / Section 412.256
Jurisdiction over certain offenses and to try certain personnel
Status: in_force

The following provisions apply with regard to jurisdiction under this Code:

1. An offense of a purely military nature contained in the Code may be the subject of administrative measures, nonjudicial punishment or courts-martial. Each military offense is derived from the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq. and, to the extent not inconsistent with the Code provisions describing those offenses, this Code incorporates each element of the offense as described in the Uniform Code with the following clarifications: (a) Insofar as an element of an offense described in the Uniform Code refers to the United States, the element also refers to this State. (b) Insofar as an element of an offense described in the Uniform Code refers to persons in the service of the United States or officials thereof, the element also includes persons in the service of the state military forces or state officials as provided in the Code. (c) Insofar as an element refers to the property of the United States, the element also includes property of this State.

2. Offenses of a nonmilitary nature may be the subject of administrative measures, nonjudicial punishment or court-martial provided that the person alleged to have committed the offense is subject to the Code and there is a nexus between the act or omission constituting the offense and the state military forces. Civilian criminal offenses may be subject to prosecution pursuant to 10 U.S.C. §§ 933 and 934 if that nexus is present.

3. A proper civilian court has primary jurisdiction when an act or omission violates both the Code and state or federal criminal law. In such cases, a state court-martial or nonjudicial proceeding for punishment may be initiated only after the civilian authority has declined to prosecute or has dismissed charges, provided jeopardy has not attached. However, nothing in this Code precludes a commanding officer from taking administrative action even if the civilian authority exercises jurisdiction. Administrative remedies are not considered double jeopardy.

4. Any member of the state military forces may be ordered to duty involuntarily for any purpose under the Code.

5. In conducting prosecutions, a judge advocate shall coordinate with the Attorney General of the State of Nevada, similar officials in the State or county or equivalent prosecutorial authorities and appropriate municipal prosecutorial authorities to ensure that the judge advocate prosecutes with the cooperation of those local and state prosecutors. A commanding officer shall refer all suspected civilian offenses to a judge advocate who shall coordinate with the proper authorities when appropriate.

6. Each person discharged from the Nevada National Guard who is later charged with having fraudulently obtained the discharge is, subject to NRS 412.376 , subject to trial by court-martial on that charge and is after apprehension subject to this Code while in the custody of the military for that trial. Upon conviction of that charge the person is subject to trial by court-martial for all offenses under this Code committed before the fraudulent discharge.

7. No person who has deserted from the Nevada National Guard may be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any later period of service.
Nev. Rev. Stat. § 414A.060 — NV Code / Title 36 / Chapter 414A / Section 414A.060
“Special district” defined
Status: in_force

“ Special district ” has the meaning ascribed to it in NRS 360.650 .
Nev. Rev. Stat. § 412.016 — NV Code / Title 36 / Chapter 412 / Section 412.016
“Office regulations” defined
Status: in_force

“Office regulations” means regulations issued by the Governor and regulations adopted by the Office of the Military subject to the approval of the Governor.
Nev. Rev. Stat. § 412.104 — NV Code / Title 36 / Chapter 412 / Section 412.104
Reconveyance of land to political subdivision
Status: in_force

The Office may reconvey to any municipal corporation or other political subdivision of this state any lands that have been or may be conveyed by such subdivision to the State of Nevada for the use of the Nevada National Guard when the Office determines that such lands are no longer necessary for the use of the Nevada National Guard.