2023 Nevada Revised Statutes › Chapter 62B - General Administration › NRS 62B.275 - Termination of employment for certain pending criminal charges or conviction of certain crimes; correction of information concerning conviction; waiver of requirement to terminate employment; exception.

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 62B.270 or evidence from any other source that an employee of a public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
(1) The public institution or agency may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(b) Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
(1) The public institution or agency shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided to the public institution or agency or the licensing authority by the Central Repository pursuant to NRS 62B.270 is incorrect, the employee must inform his or her employing institution or agency immediately. An institution or agency that is so informed shall give the employee a reasonable amount of time of not less than 30 days to correct the information.
3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the employing institution or agency whether to allow the employee to continue to work for the institution or agency, as applicable, except that the employee shall not have contact with a child in the institution or agency without supervision during such period.
4. Except as otherwise provided in subsection 5, a public or private institution or agency to which a juvenile court commits a child may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 if the institution or agency adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the institution or agency will consider when making a determination as to whether to waive such a requirement, including, without limitation:
(a) The age, maturity and capacity of the employee at the time of his or her conviction;
(b) The length of time since the employee committed the crime;
(c) Any participation by the employee in rehabilitative services; and
(d) The relevance of the crime to the position in which the employee is employed.
5. The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 may not be waived through the use of the objective weighing test if:
(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or
(b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the public or private institution or agency.
6. A public or private institution or agency to which a juvenile court commits a child shall, with regard to each employee to whom the institution or agency applies the objective weighing test pursuant to subsection 4:
(a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the institution or agency; and
(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
7. The determination made by a public or private institution or agency to which a juvenile court commits a child with regard to an employee to whom the institution or agency applies the objective weighing test is final.
8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 begins and ends as set forth in subsection 8 of that section.
(Added to NRS by 2011, 3550; A 2021, 2629, 3474)