reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0635 - Administrative assessment, fine or fee for felony or gross misdemeanor: Additional costs and fees for collection.

1. A defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill who owes a fine, administrative assessment or fee, pursuant to NRS 176.0625, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fine, administrative assessment or fee:
(a) The costs and fees actually incurred in collecting the fine, administrative assessment or fee; and
(b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fine, administrative assessment or fee assigned to the county treasurer or other office assigned by the county to make collections.
2. The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fine, administrative assessment or fee or $50,000, whichever is less.
(Added to NRS by 2011, 910)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0643 - Circumstances under which person who commits minor traffic offense is presumed to be indigent and not to have ability to pay fine, administrative assessment or fee; "minor traffic offense" defined.

1. For the purposes of this chapter, a person who commits a minor traffic offense is presumed to be indigent and not to have the ability to pay a fine, administrative assessment or fee imposed pursuant to this chapter if the person:
(a) Receives public assistance, as that term is defined in NRS 422A.065;
(b) Resides in public housing, as that term is defined in NRS 315.021; or
(c) Has a household income that is less than 200 percent of the federally designated level signifying poverty.
2. As used in this section, "minor traffic offense" means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State other than:
(a) A violation of chapters 484A to 484E, inclusive, or 706 of NRS that causes the death of a person;
(b) A violation of NRS 484C.110 or 484C.120; or
(c) A violation declared to be a felony.
(Added to NRS by 2019, 2452)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0647 - Circumstances under which fine, administrative assessment or fee owed by defendant who commits minor traffic offense is deemed uncollectible.

Any delinquent fine, administrative assessment or fee owed by a defendant pursuant to NRS 176.064 who commits a minor traffic offense as defined in NRS 176.0643 is deemed to be uncollectible if after 10 years it remains impossible or impracticable to collect the delinquent amount.
(Added to NRS by 2019, 2452; A 2021, 3353)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.065 - Rate of additional imprisonment in default of administrative assessment, fine or forfeiture.

1. Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, pursuant to NRS 62B.420 or 176.064, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person’s sentence of imprisonment, for an additional period of 1 day for each $150 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person’s eligibility for parole is governed only by the person’s sentence of imprisonment.
2. The provisions of this section do not apply to indigent persons unless an indigent person has been provided with the opportunity to perform community service to satisfy the entire amount owed and has failed to perform such community service. For the purposes of this subsection, a person is indigent if the person:
(a) Receives public assistance, as that term is defined in NRS 422A.065;
(b) Resides in public housing, as that term is defined in NRS 315.021; or
(c) Has a household income that is less than 200 percent of the federally designated level signifying poverty.
(Added to NRS by 1967, 1433; A 1973, 32; 1983, 434, 908; 1989, 1178; 1997, 901; 2013, 532; 2019, 2275)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.075 - Rate of imprisonment in default of administrative assessment, fine or forfeiture.

1. Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to NRS 62B.420 or 176.064, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each $150 of the amount until the administrative assessment and the fine or forfeiture are satisfied.
2. The provisions of this section do not apply to indigent persons unless an indigent person has been provided with the opportunity to perform community service to satisfy the entire amount owed and has failed to perform such community service. For the purposes of this subsection, a person is indigent if the person:
(a) Receives public assistance, as that term is defined in NRS 422A.065;
(b) Resides in public housing, as that term is defined in NRS 315.021; or
(c) Has a household income that is less than 200 percent of the federally designated level signifying poverty.
(Added to NRS by 1967, 1433; A 1983, 434, 908; 1989, 1178; 1997, 901; 2013, 532; 2019, 2276)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.085 - Reduction of excessive fine or administrative assessment; payment in installments.

Whenever, after a fine and administrative assessment have been imposed but before they have been discharged by payment or confinement, it is made to appear to the judge or justice imposing the fine or administrative assessment or his or her successor:
1. That the fine or administrative assessment is excessive in relation to the financial resources of the defendant, the judge or justice or his or her successor may reduce the fine accordingly.
2. That the discharge of the fine or administrative assessment is not within the defendant’s present financial ability to pay, the judge or justice or his or her successor may direct that the fine be paid in installments.
(Added to NRS by 1967, 1433; A 1973, 388; 1983, 908)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.087 - Imposition of community service in lieu of fine, administrative assessment, fee or imprisonment or as condition of probation.

1. Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised community service:
(a) In lieu of all or a part of any fine, administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor; or
(b) As a condition of probation granted for another offense.
2. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.
4. The following conditions apply to any such community service imposed by the court:
(a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the person’s family. The period of community service fixed by the court must not exceed, for a:
(1) Misdemeanor, 200 hours;
(2) Gross misdemeanor, 600 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for community service before the court may require the convicted person to perform community service for that supervising authority. The supervising authority must be located in or be the town or city of the convicted person’s residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to the court or to a probation officer the convicted person’s performance in carrying out the punishment or condition of probation.
5. For each hour of community service that is performed by a person pursuant to this section, the court must provide a credit of not less than the amount of the state minimum wage toward the payment of any fine that was imposed against the person for the commission of the offense for which the person was ordered to perform community service.
(Added to NRS by 1981, 486; A 1991, 1930; 1997, 33; 2001 Special Session, 133; 2019, 2276, 2454; 2023, 163)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0911 - Definitions.

As used in NRS 176.0911 to 176.0919, inclusive, unless the context otherwise requires, the words and terms defined in NRS 176.09111 to 176.09119, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1668; A 2001, 3032; 2009, 1846; 2013, 1068)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09113 - "CODIS" defined.

"CODIS" means the Federal Bureau of Investigation’s Combined DNA Index System that allows for the storage and exchange of DNA records submitted by federal, state and local forensic DNA laboratories. The term includes the National DNA Index System administered and operated by the Federal Bureau of Investigation.
(Added to NRS by 2013, 1056)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09116 - "DNA record" defined.

"DNA record" means a database record, stored in the State DNA Database or CODIS, that includes the DNA profile of a person and data required to manage the record, including, without limitation, the identity of the agency submitting the database record, the identification number of the biological specimen and the names of personnel who conducted the genetic marker analysis.
(Added to NRS by 2013, 1057)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0912 - Biological evidence secured in connection with investigation or prosecution; required preservation.

1. Except as otherwise provided in this section, upon the conviction of a defendant for a category A or B felony, an agency of criminal justice that has in its possession or custody any biological evidence secured in connection with the investigation or prosecution of the defendant shall preserve such evidence until the expiration of any sentence imposed on the defendant.
2. Biological evidence subject to the requirements of this section may be consumed for testing upon notice to the defendant.
3. An agency of criminal justice may establish procedures for:
(a) Retaining probative samples of biological evidence subject to the requirements of this section; and
(b) Disposing of bulk evidence that does not affect the suitability of such probative samples for testing.
4. The provisions of this section must not be construed to restrict or limit an agency of criminal justice from establishing procedures for the retention, preservation and disposal of biological evidence secured in connection with other criminal cases.
5. As used in this section, "biological evidence" means any semen, blood, saliva, hair, skin tissue or other identified biological material removed from physical evidence.
(Added to NRS by 2009, 1845; A 2013, 1068)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09121 - State DNA Database: Establishment; duties.

1. The State DNA Database is hereby established to serve as this State’s repository for DNA records and to provide DNA records to the Federal Bureau of Investigation.
2. The Forensic Science Division of the Washoe County Sheriff’s Office shall oversee, manage and administer the State DNA Database and shall:
(a) Implement policies for the management and administration of the State DNA Database, including, without limitation, any system for the identification of DNA profiles and DNA records that is necessary to support agencies of criminal justice.
(b) Adopt policies and protocols and enter into any necessary agreements to implement the provisions of NRS 176.0911 to 176.0919, inclusive.
(c) Ensure that all searches of the State DNA Database are performed in accordance with state and federal law.
(d) Act as a liaison between the Federal Bureau of Investigation and other state agencies of criminal justice relating to this State’s participation in CODIS.
(Added to NRS by 2013, 1057)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09127 - Payment of costs for obtaining biological specimen, destroying biological specimen and purging DNA record.

Any cost that is incurred to obtain a biological specimen from a person pursuant to NRS 176.09123 or to destroy a biological specimen or to purge a DNA profile or DNA record from a forensic laboratory, the State DNA Database or CODIS pursuant to NRS 176.09125:
1. Is a charge against the county in which the person was arrested; and
2. Must be paid as provided in NRS 176.0915.
(Added to NRS by 2013, 1058)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09129 - Storage and maintenance of biological specimen, DNA profile, DNA record and information; release of information; confidentiality; penalty for unauthorized disclosure of information.

1. The biological specimen, DNA profile, DNA record and any other information identifying or matching a biological specimen with a person must, at all times, be stored and maintained in the forensic laboratory, State DNA Database or CODIS, as applicable, and may only be made available in accordance with the provisions of this section. The biological specimen, DNA profile, DNA record, other information identifying or matching a biological specimen with a person and all computer software used by the forensic laboratory and the State DNA Database for the State DNA Database and for CODIS are confidential and are not public books or records within the meaning of NRS 239.010.
2. If any information related to a biological specimen, DNA profile or DNA record contained in CODIS is requested, the forensic laboratory shall comply with all applicable provisions of federal law and all applicable statutes and regulations governing the release of such information. All requests for any such information must be directed through the casework CODIS administrator of the forensic laboratory. To minimize duplication in the collection of a biological specimen and the conducting of a genetic marker analysis, a forensic laboratory may make information available to any agency of criminal justice to verify whether a biological specimen has been collected from a person and a genetic marker analysis has been conducted.
3. Except as otherwise authorized by this section or NRS 176.09123, 176.09125 or 176.09127, by federal law or by another specific statute, a biological specimen obtained pursuant to NRS 176.09123, a DNA profile, a DNA record and any other information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, DNA profile, DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:
(a) A court order; or
(b) A request from a law enforcement agency during the course of an investigation.
A person who violates any provision of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2013, 1058)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0915 - Fee for obtaining biological specimen and for analysis; inclusion in sentence; creation of county fund; use of money in fund.

1. If a biological specimen is obtained from a person pursuant to NRS 176.09123 or 176.0913, and the person is convicted of the offense for which the biological specimen was obtained, the court, in addition to any other penalty, shall order the person, to the extent of the person’s financial ability, to pay the sum of $150 as a fee for obtaining the specimen and for conducting the genetic marker analysis. The fee:
(a) Must be stated separately in the judgment of the court or on the docket of the court;
(b) Must be collected from the person before or at the same time that any fine imposed by the court is collected from the person; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
3. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker analysis. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker analysis. The money must be accounted for separately within the fund.
4. Each month, the county treasurer shall use the money deposited in the fund for genetic marker analysis to pay for the actual amount charged to the county for obtaining a biological specimen from a person pursuant to NRS 176.09123 or 176.0913.
5. The board of county commissioners of each county may apply for and accept grants, gifts, donations, bequests or devises which the board of county commissioners shall deposit with the county treasurer for credit to the fund for genetic marker analysis.
6. If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to NRS 176.0917 to conduct or oversee genetic marker analysis for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to cover any expense related to genetic marker analysis.
(Added to NRS by 1997, 1668; A 2001, 3033; 2009, 82; 2013, 1070)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09165 - Establishment of standard form concerning use and destruction of biological specimen and purging of DNA record; law enforcement to provide form to person in certain circumstances.

1. The Department of Public Safety shall establish a standard form for use by every law enforcement agency in this State that:
(a) Sets forth the authorized use of a biological specimen pursuant to NRS 176.0911 to 176.0919, inclusive.
(b) Identifies the circumstances and process under which a person may have his or her biological specimen destroyed and his or her DNA profile or DNA record purged from the forensic laboratory, the State DNA Database and CODIS.
(c) May be completed and submitted to the Central Repository for Nevada Records of Criminal History by a person to request that his or her biological specimen be destroyed and his or her DNA profile or DNA record be purged from the forensic laboratory, the State DNA Database and CODIS.
2. A law enforcement agency shall provide the form to a person:
(a) Before obtaining a biological specimen;
(b) Upon release from custody if the person has submitted a biological specimen; or
(c) At the request of the person, if the person believes that he or she is eligible to have his or her biological specimen destroyed and his or her DNA profile or DNA record purged from the forensic laboratory, the State DNA Database and CODIS.
(Added to NRS by 2013, 1061)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0917 - County to designate forensic laboratory to conduct or oversee analysis; criteria.

1. The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker analysis that is required pursuant to NRS 176.09123, 176.0913 or 176.0916.
2. The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:
(a) Must be operated by this State or one of its political subdivisions; and
(b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.
(Added to NRS by 1997, 1668; A 2001, 3034; 2013, 1071)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09173 - Powers and duties of forensic laboratory; prohibited use of biological specimen, DNA profile and DNA record.

1. A forensic laboratory shall:
(a) Prescribe protocols and procedures for the collection, submission, identification, genetic marker analysis, storage, maintenance, uploading and disposition of biological specimens, DNA profiles and DNA records.
(b) Securely upload DNA records to the State DNA Database.
(c) Acquire and maintain computer hardware and software necessary to store, maintain and upload DNA profiles and DNA records relating to:
(1) Crime scene evidence and forensic casework;
(2) Persons arrested for a felony and persons convicted of an offense listed in subsection 4 of NRS 176.0913 who are required to provide a biological specimen;
(3) Persons required to register as sex offenders pursuant to NRS 179D.445, 179D.460 or 179D.480;
(4) Unidentified persons or body parts;
(5) Missing persons;
(6) Relatives of missing persons;
(7) Anonymous DNA profiles used for forensic validation, forensic protocol development, quality control purposes or establishment of a population statistics database for use by criminal justice agencies; and
(8) Voluntarily submitted DNA profiles.
2. A forensic laboratory may:
(a) Use all or part of the remainder of any biological specimen stored in the forensic laboratory for:
(1) Retesting to confirm or update the original genetic marker analysis; or
(2) Quality control testing of new forensic methods for genetic marker analysis, provided that no personal identifying information is included.
(b) Contract with providers of services to perform a genetic marker analysis or to carry out functions on behalf of the forensic laboratory. Any provider of services who contracts with a forensic laboratory to perform a genetic marker analysis or to carry out functions on behalf of the forensic laboratory is subject to the same restrictions and requirements as the forensic laboratory.
3. A forensic laboratory shall not use any biological specimen, DNA profile or DNA record for the purpose of identification of any medical or genetic disorder.
(Added to NRS by 2013, 1057)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09177 - Limitation on civil and criminal liability for acts relating to collection of biological specimen.

Any person authorized to collect a biological specimen pursuant to NRS 176.0911 to 176.0919, inclusive, may not be held civilly or criminally liable for any act relating to the collection of a biological specimen if the person performed that act in good faith and in a reasonable manner.
(Added to NRS by 2013, 1063)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.09187 - Genetic marker analysis: Motion for new trial authorized when results favorable to petitioner; petitioner deemed to consent to submission, release and use of certain information; costs; remedy not exclusive.

1. If the results of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09183 are favorable to the petitioner:
(a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and
(b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.
2. For the purposes of a genetic marker analysis pursuant to this section and NRS 176.0918 and 176.09183, a person who files a petition pursuant to NRS 176.0918 shall be deemed to consent to the:
(a) Submission of a biological specimen by the petitioner to determine genetic marker information; and
(b) Release and use of genetic marker information concerning the petitioner.
3. The petitioner shall pay the cost of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09183, unless the petitioner is incarcerated at the time the petitioner files the petition, found to be indigent pursuant to NRS 171.188 and the results of the genetic marker analysis are favorable to the petitioner. If the petitioner is not required to pay the cost of the analysis pursuant to this subsection, the expense of an analysis ordered pursuant to this section and NRS 176.0918 and 176.09183 is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.
4. The remedy provided by this section and NRS 176.0918 and 176.09183 is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime.
(Added to NRS by 2003, 1892; A 2009, 1197; 2013, 1409)—(Substituted in revision for part of NRS 176.0918)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0919 - Execution stayed pending results of genetic marker analysis.

1. After a judge grants a petition requesting a genetic marker analysis pursuant to NRS 176.0918, 176.09183 and 176.09187, if the case involves a sentence of death and a judge determines that the genetic marker analysis cannot be completed before the date of the execution of the petitioner, the judge shall stay the execution of the judgment of death pending the results of the analysis.
2. If the case involves a sentence of death and the results of an analysis ordered and conducted pursuant to NRS 176.0918, 176.09183 and 176.09187 are not favorable to the petitioner:
(a) Except as otherwise provided in paragraph (b), the Director of the Department of Corrections shall, in due course, execute the judgment of death.
(b) If the judgment of death has been stayed pursuant to subsection 1, the judge shall cause a certified copy of the order staying the execution of the judgment and a certified copy of the report of genetic marker analysis that indicates results which are not favorable to the petitioner to be immediately forwarded by the clerk of the court to the district attorney. Upon receipt, the district attorney shall pursue the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.
(Added to NRS by 2003, 1894; A 2009, 1200)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0921 - Definitions.

As used in NRS 176.0921 to 176.0927, inclusive, unless the context otherwise requires, the words and terms defined in NRS 176.0922 to 176.0925, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1666)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0926 - Crime against child: Notice of conviction to Central Repository; defendant to be informed of duty to register; effect of failure to inform.

1. If a defendant is convicted of a crime against a child, the court shall, following the imposition of a sentence:
(a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register initially pursuant to NRS 179D.445;
(2) The duty to register in this State during any period in which the defendant is a resident of this State or a nonresident who is a student or worker within this State and the time within which the defendant is required to register pursuant to NRS 179D.450;
(3) The duty to register in any other jurisdiction, including, without limitation, any jurisdiction outside the United States, during any period in which the defendant is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(4) If the defendant moves from this State to another jurisdiction, including, without limitation, any jurisdiction outside the United States, the duty to register with the appropriate law enforcement agency in the other jurisdiction;
(5) The duty to notify the local law enforcement agency in whose jurisdiction the defendant formerly resided, in person or in writing, if the defendant changes the address at which the defendant resides, including if the defendant moves from this State to another jurisdiction, including, without limitation, any jurisdiction outside the United States, or changes the primary address at which the defendant is a student or worker; and
(6) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of the defendant’s work at an institution of higher education.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained and that the defendant understands the requirements for registration.
2. The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.010 to 179D.550, inclusive.
(Added to NRS by 1997, 1666; A 1999, 1284; 2001, 2050; 2003, 564; 2005, 2860; 2007, 2746, 3245)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0927 - Sexual offense: Notice of conviction to Central Repository; defendant to be informed of duty to register; effect of failure to inform.

1. If a defendant is convicted of a sexual offense, the court shall, following the imposition of a sentence:
(a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.
(b) Inform the defendant of the requirements for registration, including, without limitation:
(1) The duty to register initially pursuant to NRS 179D.445;
(2) The duty to register in this State during any period in which the defendant is a resident of this State or a nonresident who is a student or worker within this State and the time within which the defendant is required to register pursuant to NRS 179D.460;
(3) The duty to register in any other jurisdiction during any period in which the defendant is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(4) If the defendant moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;
(5) The duty to notify the local law enforcement agency in whose jurisdiction the defendant formerly resided, in person or in writing, if the defendant changes the address at which the defendant resides, including if the defendant moves from this State to another jurisdiction, or changes the primary address at which the defendant is a student or worker; and
(6) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of the defendant’s work at an institution of higher education.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained and that the defendant understands the requirements for registration.
2. The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.010 to 179D.550, inclusive.
(Added to NRS by 1997, 1667; A 1999, 1285; 2001, 2051; 2003, 565; 2005, 2861; 2007, 2747)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.094 - Finding of fact in judgment; imposition of fee; required counseling for first or second offense.

In addition to any other fine or penalty, if the court finds that a person is guilty of committing an act which constitutes domestic violence pursuant to NRS 33.018, the court shall:
1. Enter a finding of fact in the judgment of conviction.
2. Order the person to pay a fee of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
3. Require for the:
(a) First offense within 7 years of any act which constitutes domestic violence, the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or
(b) Second offense within 7 years of any act which constitutes domestic violence, the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(Added to NRS by 2019, 1808)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.095 - State Board of Parole Commissioners may direct release of state prisoner on parole.

The State Board of Parole Commissioners may direct that any prisoner confined in the state prison, or confined in another jurisdiction as provided in NRS 176.045, shall be released on parole as provided in chapter 213 of NRS, if eligible for parole under the provisions of such chapter.
(Added to NRS by 1967, 1433; A 1973, 180)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.105 - Judgment in criminal action generally.

1. If a defendant is found guilty and is sentenced as provided by law, the judgment of conviction must set forth:
(a) The plea;
(b) The verdict or finding;
(c) The adjudication and sentence, including the date of the sentence, any term of imprisonment, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
(d) The exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the clerk.
(Added to NRS by 1967, 1433; A 1973, 161; 1979, 1124; 1989, 938; 1993, 78; 1997, 905)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.115 - Judgment against complainant for malicious prosecution when defendant not found guilty; costs; enforcement of judgment.

1. In all cases of criminal prosecution where the defendant is not found guilty, the court may require the complainant, if it appears that the prosecution was malicious or without probable cause, to pay the costs of the action, or to give security to pay the same within 30 days.
2. If the complainant does not comply with the order of the court, judgment may be entered against the complainant for the amount thereof.
3. Such judgments may be enforced and appealed from in the same manner as those rendered in civil actions.
(Added to NRS by 1967, 1433)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.125 - Entry of judgment of conviction; what papers constitute record of action.

When judgment upon a conviction is rendered, the clerk shall, within 5 days, annex together and file the following papers, which shall constitute the record of the action:
1. A copy of the minutes of any challenge which may have been interposed by the defendant to the panel of the grand jury, or to any individual grand juror, and the proceedings thereon.
2. The indictment or information and a copy of the minutes of the plea.
3. A copy of the minutes of any challenge which may have been interposed to any juror, and the proceedings thereon.
4. A copy of the minutes of the trial.
5. A copy of the judgment.
6. The decision of the court upon matters of law deemed excepted to, if such decision is in writing, and a copy of the minutes showing any decision deemed excepted to.
7. Any written charges given or refused by the court, with the endorsements thereon.
8. The affidavits and counter-affidavits, if any, used on the hearing of a motion for a new trial.
(Added to NRS by 1967, 1433)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.133 - Definitions.

As used in NRS 176.133 to 176.161, inclusive, unless the context otherwise requires:
1. "Person professionally qualified to conduct psychosexual evaluations" means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
(b) A psychologist licensed to practice in this State;
(c) A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;
(d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
(e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or
(f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
2. "Psychosexual evaluation" means an evaluation conducted pursuant to NRS 176.139.
3. "Sexual offense" means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975;
(g) Incest pursuant to NRS 201.180;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Soliciting a child for prostitution pursuant to NRS 201.354;
(l) Sexual penetration of a dead human body pursuant to NRS 201.450;
(m) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;
(n) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;
(o) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
(p) An attempt to commit an offense listed in paragraphs (a) to (o), inclusive, if punished as a felony; or
(q) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
(Added to NRS by 1997, 1637; A 1999, 1188; 2001, 2790; 2003, 1381; 2007, 3078; 2011, 2473; 2013, 1161, 2705; 2015, 1438; 2023, 1418, 1819)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.135 - Presentence investigation and report: When required; time for completing; training.

1. Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony.
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:
(a) Must be made before the imposition of sentence or the granting of probation; and
(b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.
3. Except as otherwise provided in subsection 5, if a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to, or are found guilty or guilty but mentally ill of, gross misdemeanors.
5. If a defendant is convicted of a felony other than a sexual offense or of a gross misdemeanor and the conviction is of an offense for which the suspension of sentence or the granting of probation is permitted, the Division shall, before the imposition of sentence or the granting of probation, make a presentence investigation and report to the court that includes a psychosexual evaluation of the defendant if the defendant and the prosecuting attorney submit to the court a joint request for a presentence investigation and report that includes a psychosexual evaluation of the defendant. The provisions of this subsection apply only to a conviction where the original charge in the complaint, information or indictment was for a sexual offense, as defined in NRS 176.133 or 179D.097.
6. Each court in which a report of a presentence investigation can be made must ensure that each judge of the court receives training concerning the manner in which to use the information included in a report of a presentence investigation for the purpose of imposing a sentence. Such training must include, without limitation, education concerning behavioral health needs and intellectual or developmental disabilities.
(Added to NRS by 1967, 1434; A 1969, 406; 1981, 369, 464; 1985, 148; 1987, 592; 1993, 1512; 1995, 2456; 1997, 642, 1639; 1999, 1189, 1285; 2001, 77; 2003, 1466; 2007, 1420; 2019, 4384; 2023, 1820)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.151 - General investigation and report on defendant convicted of category E felony: When required; time for completing; contents of report.

1. If a defendant pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, one or more category E felonies, but no other felonies, the Division shall not make a presentence investigation and report on the defendant pursuant to NRS 176.135, unless the Division has not made a presentence investigation and report on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the date initially set for sentencing on the category E felony or felonies and:
(a) The court requests a presentence investigation and report; or
(b) The prosecuting attorney possesses evidence that would support a decision by the court to deny probation to the defendant pursuant to paragraph (b) of subsection 1 of NRS 176A.100.
2. If the Division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the Division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:
(a) Any prior criminal convictions of the defendant;
(b) Information concerning the characteristics of the defendant, the circumstances affecting the defendant’s behavior and the circumstances of the defendant’s offense that may be helpful to persons responsible for the supervision or correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the Division;
(d) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS and NRS 392.275 to 392.365, inclusive, that relate to the defendant and are made available pursuant to NRS 432B.290 or NRS 392.317 to 392.337, inclusive, as applicable; and
(e) Any other information that the Division believes may be helpful to persons responsible for the supervision or correctional treatment of the defendant.
(Added to NRS by 1999, 1188; A 2003, 1466; 2007, 1421; 2017, 2063, 2841)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.153 - Disclosure of report of presentence investigation: Report to include certain information relating to any gang affiliation of defendant.

1. Except as otherwise provided in subsection 3, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than 14 calendar days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135.
2. In addition to the disclosure requirements set forth in subsection 1, if the Division includes in the report of any presentence investigation made pursuant to NRS 176.135 any information relating to the defendant being affiliated with or a member of a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
3. The defendant may waive the minimum period required by subsection 1.
4. As used in this section, "criminal gang" has the meaning ascribed to it in NRS 193.168.
(Added to NRS by 2013, 2704; A 2013, 2706; 2015, 540; 2017, 3961; 2019, 4385)