2023 Nevada Revised Statutes › Chapter 62G - Administration of Probation › NRS 62G.225 - Denial or termination of employment for conviction of certain crimes; correction of information concerning conviction; placement on leave without pay; award of back pay.

1. If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:
(a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services:
(1) May deny employment to the applicant after allowing the applicant time to correct the information as required pursuant to subsection 2; or
(2) May terminate the employee after allowing the employee time to correct the information as required pursuant to subsection 2 or 3, or resolve the pending charges pursuant to subsection 4, whichever is applicable; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.223, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 is incorrect, the employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the employee:
(a) A reasonable amount of time of not less than 60 days to correct the information.
(b) Additional time to correct the information if the employee has requested an administrative appeal of the substantiation of a report of child abuse or neglect pursuant to NRS 432B.317 and, through no fault of the employee, a hearing has not been held or the hearing officer has not issued a decision affirming or rejecting the substantiation of the report. Any such additional time must not be less than the amount of time necessary for the hearing officer to issue a decision.
4. If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services shall allow the employee a reasonable time of not more than 180 calendar days after arrest to resolve the pending charges. Upon request, the department of juvenile justice services:
(a) May, for good cause shown, allow the employee additional time to resolve the pending charges if the charges are misdemeanor charges.
(b) Shall allow the employee additional time to resolve the pending charges if:
(1) The charges are misdemeanor charges; and
(2) Through no fault of the employee, the charges have not been filed.
5. During the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, the employee:
(a) Shall not have contact with a child or a relative or guardian of a child in the course of performing any duties as an employee of the department of juvenile justice services.
(b) May use his or her accrued leave or be placed on leave without pay.
6. If the department of juvenile justice services places an employee who is a peace officer on leave without pay pending the outcome of a criminal prosecution, the department of juvenile justice services shall award the employee back pay for the duration of the unpaid leave if:
(a) The charges against the employee are dismissed or the employee is found not guilty at trial; and
(b) The employee is not subjected to punitive action in connection with the alleged misconduct.
7. The department of juvenile justice services may offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee pursuant to this section.
8. The provisions of subsection 5 are not disciplinary in nature and must not be construed as preventing the department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4.
9. A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.
10. As used in this section:
(a) "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(b) "Substantiated report of child abuse or neglect" means a report concerning the possible abuse or neglect of a child that has been assigned a disposition of substantiated pursuant to NRS 432B.305.
(Added to NRS by 2013, 457; A 2017, 1239; 2021, 3767; 2023, 679)