reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.461 - Jury not to be discharged after cause submitted; exceptions.

Except as provided in NRS 175.081, the jury shall not be discharged after the cause is submitted to them, until they have agreed upon their verdict and rendered it in open court, unless by the consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.
(Added to NRS by 1967, 1431)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.471 - Adjournment of court during absence of jury.

While the jury are absent, the court may adjourn from time to time, as to other business, but it shall nevertheless be deemed to be open for every purpose connected with the cause submitted to the jury, until a verdict be rendered or the jury discharged.
(Added to NRS by 1967, 1431)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.491 - Verdict where there are several defendants.

If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
(Added to NRS by 1967, 1431)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.501 - Jury may convict of lesser included offense or attempt.

The defendant may be found guilty or guilty but mentally ill of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense.
(Added to NRS by 1967, 1431; A 2007, 1411)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.531 - Polling jury; further deliberation or discharge.

When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the court’s own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberation or may be discharged.
(Added to NRS by 1967, 1432)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.533 - Finding of guilty but mentally ill upon plea of not guilty by reason of insanity; required findings; effect of finding.

1. During a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if the trier of fact finds all of the following:
(a) The defendant is guilty beyond a reasonable doubt of an offense;
(b) The defendant has established by a preponderance of the evidence that due to a disease or defect of the mind, the defendant was mentally ill at the time of the commission of the offense; and
(c) The defendant has not established by a preponderance of the evidence that the defendant is not guilty by reason of insanity pursuant to subsection 6 of NRS 174.035.
2. Except as otherwise provided by specific statute, a defendant who is found guilty but mentally ill is subject to the same criminal, civil and administrative penalties and procedures as a defendant who is found guilty.
3. If the trier of fact finds a defendant guilty but mentally ill pursuant to subsection 1, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of the finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
4. As used in this section:
(a) "Disease or defect of the mind" does not include a disease or defect which is caused solely by voluntary intoxication.
(b) "National Instant Criminal Background Check System" has the meaning ascribed to it in NRS 179A.062.
(Added to NRS by 2007, 1410; A 2009, 2485; 2015, 1796; 2017, 1247)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.543 - Notice to defendant of provisions concerning sealing of records of proceedings leading to acquittal.

Upon the entry of a judgment of acquittal, the court shall provide the defendant with a written notice of the provisions of NRS 179.255 which concern the sealing of records of the proceedings leading to the acquittal.
(Added to NRS by 2001, 1690)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.547 - Notice of intent to request hearing; time of hearing; evidence; court to enter finding; "sexually motivated" defined.

1. In any case in which a defendant pleads or is found guilty or guilty but mentally ill of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of the prosecuting attorney’s intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. The court shall enter its finding in the record.
5. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was the person’s sexual gratification.
(Added to NRS by 1995, 413; A 1997, 1666; 2007, 1412)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.552 - When required; procedure; evidence.

1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty or guilty but mentally ill of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:
(a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.
(b) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a jury impaneled for that purpose, as soon as practicable.
(c) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted as soon as practicable before the judge who conducted the trial or who accepted the plea.
2. In a case in which the death penalty is not sought or in which a court has made a finding that the defendant is intellectually disabled and has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, the defendant’s attorney, if any, and the prosecuting attorney.
3. During the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to the sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the Constitution of the State of Nevada may be introduced. The State may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.
4. In a case in which the death penalty is not sought or in which a court has found the defendant to be intellectually disabled and has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.
(Added to NRS by 1977, 1543; A 1993, 322; 1995, 258, 2451; 2003, 767, 1460, 2082; 2007, 1412; 2013, 684)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.554 - Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled.

In cases in which the death penalty is sought:
1. The court shall instruct the jury at the end of the penalty hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.
2. The jury shall determine:
(a) Whether an aggravating circumstance or circumstances are found to exist;
(b) Whether a mitigating circumstance or circumstances are found to exist; and
(c) Based upon these findings, whether the defendant should be sentenced to imprisonment for a definite term of 50 years, life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.
3. The jury may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
4. If a jury imposes a sentence of death, the jury shall render a written verdict signed by the foreman. The verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
5. If a sentence of death is imposed and a prior determination regarding intellectual disability has not been made pursuant to NRS 174.098, the defendant may file a motion to set aside the penalty on the grounds that the defendant is intellectually disabled. If such a motion is filed, the court shall conduct a hearing on that issue in the manner set forth in NRS 174.098. If the court determines pursuant to such a hearing that the defendant is intellectually disabled, it shall set aside the sentence of death and order a new penalty hearing to be conducted. Either party may appeal such a determination pursuant to NRS 177.015.
(Added to NRS by 1977, 1543; A 1993, 322; 1995, 258; 2003, 768, 2083; 2013, 685, 1752)
2023 Nevada Revised Statutes › Chapter 175 - Trial › NRS 175.556 - Procedure when jury unable to reach unanimous verdict.

1. In a case in which the death penalty is sought, if a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the district judge who conducted the trial or accepted the plea of guilty shall sentence the defendant to life imprisonment without the possibility of parole or impanel a new jury to determine the sentence.
2. In a case in which the death penalty is not sought, if a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the trial judge shall impose the sentence.
(Added to NRS by 1977, 1543; A 1995, 259; 2003, 2083)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0127 - Department of Corrections and Division of Parole and Probation to provide information to and assist Joint Interim Standing Committee on the Judiciary.

1. The Department of Corrections shall:
(a) Provide the Joint Interim Standing Committee on the Judiciary with any available statistical information or research requested by the Committee and assist the Committee in the compilation and development of information requested by the Committee, including, but not limited to, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders; and
(b) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.
2. The Division shall:
(a) Provide the Joint Interim Standing Committee on the Judiciary with any available statistical information or research requested by the Committee and assist the Committee in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division; and
(b) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.
(Added to NRS by 1995, 1355; A 2001 Special Session, 214; 2009, 1352; 2017, 126; 2021, 2515)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0128 - Central Repository for Nevada Records of Criminal History to facilitate data collection and provide data and information to Joint Interim Standing Committee on the Judiciary.

The Central Repository for Nevada Records of Criminal History shall:
1. Facilitate the collection of statistical data in the manner approved by the Director of the Department of Public Safety and coordinate the exchange of such data with agencies of criminal justice within this State, including:
(a) State and local law enforcement agencies;
(b) The Office of the Attorney General;
(c) The Court Administrator;
(d) The Department of Corrections; and
(e) The Division.
2. Provide the Joint Interim Standing Committee on the Judiciary with available statistical data and information requested by the Committee.
(Added to NRS by 2009, 1351; A 2021, 2516)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0129 - Annual projections of persons imprisoned, on probation, on parole and in residential confinement.

The Office of Finance shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of NRS 333.700, to review sentences imposed in this State and the practices of the State Board of Parole Commissioners and project annually the number of persons who will be:
1. In a facility or institution of the Department of Corrections;
2. On probation;
3. On parole; and
4. Serving a term of residential confinement,
during the 10 years immediately following the date of the projection.
(Added to NRS by 1995, 1355; A 2001 Special Session, 215; 2009, 2231; 2017, 126; 2021, 2516)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0131 - Legislative findings and declarations.

The Legislature hereby finds, and declares to be the public policy of this State, that:
1. Sentencing and corrections policies should embody fairness, consistency, proportionality and opportunity.
2. The laws of this State should convey a clear and purposeful rationale regarding sentencing and corrections. The statutes governing criminal justice should articulate the purpose of sentencing, and related policies and practices should be logical, understandable and transparent to stakeholders and the public.
3. A continuum of sentencing and corrections options should be available, with imprisonment reserved for the most serious offenders and adequate community programs for diversion and supervision of other offenders.
4. Sentencing and corrections policies should be resource sensitive as those policies may impact costs, inmate populations and public safety. Criminal justice agencies should strive to effectively measure costs and benefits.
5. Criminal justice information should be a foundation for effective data driven sentencing and corrections policies.
6. Sentencing and corrections policies should reflect current circumstances and needs.
7. Strategies to reduce crime and victimization should involve prevention, treatment, health and labor and must endeavor to utilize all available federal, academic and private resources and expertise.
(Added to NRS by 2017, 4187)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.01313 - Definitions.

As used in NRS 176.0131 to 176.014, inclusive, unless the context otherwise requires, the words and terms defined in NRS 176.01315 to 176.01322, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 2871; A 2023, 1642, 2494)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.01323 - Department created; appointment and qualifications of Executive Director; employment of staff or consultants by Executive Director.

1. The Department of Sentencing Policy is hereby created.
2. The Executive Director of the Department must be appointed by the Governor from a list of three qualified persons recommended by the Sentencing Commission.
3. The Executive Director:
(a) Is in the unclassified service of this State;
(b) Serves at the pleasure of the Sentencing Commission, except that the Executive Director may only be removed upon a finding by the Sentencing Commission that his or her performance is unsatisfactory; and
(c) Shall devote his or her entire time and attention to the duties of his or her office and shall not engage in any other gainful employment or occupation.
4. The Executive Director may, within the limits of money available for this purpose, employ or enter into a contract for the services of such employees or consultants as is necessary to carry out the provisions of NRS 176.0131 to 176.014, inclusive.
(Added to NRS by 2019, 2872; A 2023, 1642)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.01327 - Duties of Executive Director.

The Executive Director appointed pursuant to NRS 176.01323 shall:
1. Oversee all of the functions of the Department.
2. Serve as Executive Secretary of the Sentencing Commission without additional compensation.
3. Report to the Sentencing Commission on sentencing and related issues regarding the functions of the Department and provide such information to the Sentencing Commission as requested.
4. Assist the Sentencing Commission in determining necessary and appropriate recommendations to assist in carrying out the responsibilities of the Department.
5. Establish the budget for the Department.
6. Facilitate the collection and aggregation of data from the courts, Department of Corrections, Division of Parole and Probation of the Department of Public Safety and any other agency of criminal justice.
7. Identify variables or sets of data concerning criminal justice that are not currently collected or shared across agencies of criminal justice within this State.
8. Assist in preparing and submitting the comprehensive report required to be prepared by the Sentencing Commission pursuant to subsection 5 of NRS 176.0134.
9. Assist the Sentencing Commission in carrying out its duties pursuant to subsections 2 and 3 of NRS 176.01347 relating to the calculation of the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, Statutes of Nevada 2019, and in preparing a report containing the projected amount of such costs for the next biennium and recommendations for the reinvestment of the amount of the costs.
10. Take any other actions necessary to carry out the powers and duties of the Sentencing Commission pursuant to NRS 176.0131 to 176.014, inclusive.
(Added to NRS by 2019, 2872; A 2021, 2412; 2023, 2495)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.01332 - Subcommittee on Misdemeanors: Creation; membership; Chair; meetings; quorum; service without compensation; duties.

1. There is hereby created the Subcommittee on Misdemeanors of the Sentencing Commission, consisting of members appointed by the Chair of the Sentencing Commission, who must include, without limitation:
(a) One member who has expertise in:
(1) Policies and practices regarding misdemeanor sentencing implemented in this State and other states; and
(2) Administrative assessments, fines and fees related to the criminal justice system in this State and other states;
(b) One member who is a city attorney;
(c) One member who is an attorney, experienced in defending criminal actions; and
(d) One member who serves as a court administrator for a justice or municipal court.
2. The Chair of the Sentencing Commission shall designate one of the members of the Subcommittee to serve as the Chair of the Subcommittee.
3. The Subcommittee shall meet at the times and places specified by a call of the Chair. A majority of the members of the Subcommittee constitutes a quorum, and a quorum may exercise all the power or authority conferred on the Subcommittee. Members of the Subcommittee shall serve without compensation.
4. The Subcommittee shall:
(a) Study existing laws, policies and practices relating to misdemeanor offenses in this State and other states, including, without limitation, the sentences imposed for misdemeanor offenses in this State and other states; and
(b) Submit a biennial report describing the findings, conclusions and recommendations of the subcommittee to the Sentencing Commission.
(Added to NRS by 2023, 2494)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.01334 - Subcommittee on Misdemeanors: Appointment of working groups by Chair; confidentiality of information and materials; service without compensation.

1. The Chair of the Subcommittee may appoint working groups composed of persons with subject matter expertise, including, without limitation, representations of criminal justice agencies in this State to aid in the work of the Subcommittee.
2. The Chair of the Subcommittee may appoint any person the Chair deems appropriate to serve on a working group, which may include, without limitation, representatives of criminal justice agencies within this State.
3. All information and materials received or prepared by a working group are confidential and not public record for purposes of chapter 239 of NRS.
4. The members of a working group serve without compensation.
(Added to NRS by 2023, 2494)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0135 - Grants, bequests, devises, donations and gifts; Special Account for the Support of the Nevada Sentencing Commission.

1. The Chair of the Sentencing Commission may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of NRS 176.0132 to 176.0139, inclusive.
2. Any money received pursuant to this section must be deposited in the Special Account for the Support of the Nevada Sentencing Commission, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used for the support of the Sentencing Commission and its activities pursuant to NRS 176.0132 to 176.0139, inclusive.
(Added to NRS by 2017, 4190)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0136 - Subpoenas: Power to issue; compelling performance.

1. To carry out its powers and duties pursuant to NRS 176.0132 to 176.0139, inclusive, the Sentencing Commission, or any member thereof acting on behalf of the Sentencing Commission with a concurrence of a majority of the members of the Sentencing Commission, may issue subpoenas to compel the attendance of witnesses and the production of books, records, documents or other papers and testimony.
2. If any person fails to comply with a subpoena issued by the Sentencing Commission or any member thereof pursuant to this section within 20 days after the date of service of the subpoena, the Sentencing Commission may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 20 days after the date of service of the order, and show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the Sentencing Commission or a member thereof pursuant to this section, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.
(Added to NRS by 2017, 4190)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0137 - Department of Corrections and Division of Parole and Probation to provide information to and assist Sentencing Commission.

1. The Department of Corrections shall:
(a) Provide the Sentencing Commission with any available statistical information or research requested by the Sentencing Commission and assist the Sentencing Commission in the compilation and development of information requested by the Sentencing Commission, including, without limitation, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders;
(b) If requested by the Sentencing Commission, make available to the Sentencing Commission the use of the computers and programs which are owned by the Department of Corrections; and
(c) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.
2. The Division shall:
(a) Provide the Sentencing Commission with any available statistical information or research requested by the Sentencing Commission and assist the Sentencing Commission in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division;
(b) If requested by the Sentencing Commission, make available to the Sentencing Commission the use of the computers and programs which are owned by the Division; and
(c) Provide the independent contractor retained pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.
(Added to NRS by 2017, 4191)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0138 - Central Repository for Nevada Records of Criminal History to facilitate data collection and provide data and information to Sentencing Commission.

The Central Repository for Nevada Records of Criminal History shall provide the Sentencing Commission with any statistical data and information required to be collected pursuant to NRS 176.0128, as requested by the Sentencing Commission.
(Added to NRS by 2017, 4191)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.01385 - Confidentiality of information collected or stored by Department.

Any information collected or stored by the Department for the purpose of analyzing and understanding the criminal justice system, including, without limitation, information from a database, interview or other source, is confidential and not a public record within the meaning of NRS 239.010.
(Added to NRS by 2023, 1641)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0139 - Annual projections of persons imprisoned, on probation, on parole and in residential confinement.

The Office of Finance shall provide the Sentencing Commission with any projections on persons imprisoned, on probation, on parole and serving a term of residential confinement required pursuant to NRS 176.0129, as requested by the Sentencing Commission.
(Added to NRS by 2017, 4192)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.014 - Creation; composition; Chair; duties; terms of members; per diem allowance and travel expenses; staff; acceptance of gifts, donations, bequests, grants and money.

1. The Nevada Local Justice Reinvestment Coordinating Council is hereby created. The Council consists of:
(a) One member from each county in this State whose population is less than 100,000; and
(b) Two members from each county in this State whose population is 100,000 or more.
2. Each member of the Council must be appointed by the governing body of the applicable county and must meet any qualifications adopted by the Sentencing Commission pursuant to subsection 8. The Chair of the Sentencing Commission shall appoint the Chair of the Council from among the members of the Council.
3. The Council shall:
(a) Advise the Sentencing Commission on matters related to any legislation, regulations, rules, budgetary changes and all other actions needed to implement the provisions of chapter 633, Statutes of Nevada 2019, as they relate to local governments;
(b) Identify county-level programming and treatment needs for persons involved in the criminal justice system for the purpose of reducing recidivism;
(c) Make recommendations to the Sentencing Commission regarding grants to local governments, courts and nonprofit organizations from the State General Fund;
(d) Oversee the implementation of local grants;
(e) Create performance measures to assess the effectiveness of the grants; and
(f) Identify opportunities for collaboration with the Department of Health and Human Services at the state and county level for treatment services and funding.
4. Each member of the Council serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
5. While engaged in the business of the Council, to the extent of legislative appropriation, each member of the Council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. The Council may accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out its duties pursuant to this section.
7. To the extent of legislative appropriation, the Sentencing Commission shall provide the Council with such staff as is necessary to carry out the duties of the Council pursuant to this section.
8. The Sentencing Commission may adopt any qualifications that a person must meet before being appointed as a member of the Council.
(Added to NRS by 2019, 4379; A 2021, 2420; 2023, 1647)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.016 - Court may order certain homeless defendants to complete program; waiver or reduction of fines, administrative assessments and fees.

1. A justice court, municipal court or district court, as applicable, that has jurisdiction over an eligible defendant who is charged with or convicted of an eligible offense may order the eligible defendant to complete a program of treatment.
2. Notwithstanding any other provision of law, a court that orders an eligible defendant to complete a program of treatment pursuant to this section may waive or reduce any fine, administrative assessment or fee that would otherwise be imposed upon the eligible defendant for commission of the eligible offense pursuant to specific statute.
3. As used in this section:
(a) "Eligible defendant" means a homeless person who is charged with or convicted of an eligible offense.
(b) "Eligible offense" means a violation of any local ordinance prohibiting public urination or defecation or possession of an open container of an alcoholic beverage, or the same or similar conduct, or a violation of the following statutory provisions, or any local ordinance prohibiting the same or similar conduct, that is punishable as a misdemeanor:
(1) NRS 202.450.
(2) NRS 205.860.
(3) NRS 206.010.
(4) NRS 206.140.
(5) NRS 206.310.
(6) NRS 207.200.
(c) "Homeless person" means a person:
(1) Who lacks a fixed, regular and adequate residence;
(2) With a primary residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, without limitation, a car, a park, an abandoned building, a bus or train station, an airport or a camping ground; or
(3) Living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements, including, without limitation, transitional housing, hotels or motels paid for by any federal, state or local governmental program or any charitable organization.
For the purpose of this paragraph, a person shall be deemed to be a homeless person if the person provides sufficient proof to the court that the person meets the criteria set forth in subparagraph (1), (2) or (3) or the person has recently used public services for homeless persons or if a public or private agency or entity that provides services to homeless persons provides sufficient proof to the court that the person is a homeless person.
(d) "Program of treatment" means a preprosecution diversion program, specialty court program or other program designed to assist homeless persons that is established pursuant to NRS 174.032, 176A.230, 176A.250, 176A.280, 433A.335 or another specific statute or by court rule or court order.
(Added to NRS by 2023, 1795)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.017 - Imposition of sentence on person convicted as adult for offense committed when person was under age of 18 years: Additional considerations; reduction of sentence.

1. If a person is convicted as an adult for an offense that the person committed when he or she was less than 18 years of age, in addition to any other factor that the court is required to consider before imposing a sentence upon such a person, the court shall consider the differences between juvenile and adult offenders, including, without limitation, the diminished culpability of juveniles as compared to that of adults and the typical characteristics of youth.
2. Notwithstanding any other provision of law, after considering the factors set forth in subsection 1, the court may, in its discretion, reduce any mandatory minimum period of incarceration that the person is required to serve by not more than 35 percent if the court determines that such a reduction is warranted given the age of the person and his or her prospects for rehabilitation.
(Added to NRS by 2015, 618; A 2017, 1219)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.025 - Sentence of death or life imprisonment without possibility of parole not to be imposed on person under age of 18 years.

A sentence of death or life imprisonment without the possibility of parole must not be imposed or inflicted upon any person convicted of a crime now punishable by death or life imprisonment without the possibility of parole who at the time of the commission of the crime was less than 18 years of age. As to such a person, the maximum punishment that may be imposed is life imprisonment with the possibility of parole.
(Added to NRS by 1967, 1432; A 2005, 63; 2011, 19; 2015, 618)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.033 - Sentence of imprisonment required or permitted by statute: Definite period for misdemeanor or gross misdemeanor; minimum and maximum term for felony unless definite term required by statute; restitution.

If a sentence of imprisonment is required or permitted by statute, the court shall:
1. If sentencing a person who has been found guilty of a misdemeanor or a gross misdemeanor, sentence the person to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
2. If sentencing a person who has been found guilty of a felony, sentence the person to a minimum term and a maximum term of imprisonment, unless a definite term of imprisonment is required by statute.
3. If restitution is appropriate, set an amount of restitution for each victim of the offense and for expenses related to extradition in accordance with NRS 179.225.
(Added to NRS by 1967, 527; A 1973, 844; 1975, 652; 1977, 414; 1987, 395; 1989, 678; 1993, 934, 1512; 1995, 551, 1248; 2019, 4381)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.045 - Imposition of concurrent or consecutive sentence on person under sentence in another jurisdiction.

1. Whenever a person convicted of a public offense in this State is under sentence of imprisonment pronounced by another jurisdiction, federal or state, whether or not the prior sentence is for the same offense, the court in imposing any sentence for the offense committed in this State may, in its discretion, provide that such sentence shall run either concurrently or consecutively with the prior sentence.
2. If the court provides that the sentence shall run concurrently, and the defendant is released by the other jurisdiction prior to the expiration of the sentence imposed in this State, the defendant shall be returned to the State of Nevada to serve out the balance of such sentence, unless the defendant is eligible for parole under the provisions of chapter 213 of NRS, and the Board of Parole Commissioners directs that the defendant be released on parole as provided in that chapter.
3. If the court makes an order pursuant to this section, the clerk of the court shall provide the Director of the Department of Corrections with a certified copy of judgment and notification of the place of out-of-state confinement.
4. If the court makes no order pursuant to this section, the sentence imposed in this State shall not begin until the expiration of all prior sentences imposed by other jurisdictions.
(Added to NRS by 1967, 1432; A 1973, 180; 1977, 859; 2001 Special Session, 215)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.055 - Credit against sentence of imprisonment.

1. Except as otherwise provided in subsection 2, whenever a sentence of imprisonment in the county jail or state prison is imposed, the court may order that credit be allowed against the duration of the sentence, including any minimum term or minimum aggregate term, as applicable, thereof prescribed by law, for the amount of time which the defendant has actually spent in confinement before conviction, unless the defendant’s confinement was pursuant to a judgment of conviction for another offense. Credit allowed pursuant to this subsection does not alter the date from which the term of imprisonment is computed.
2. A defendant who is convicted of a subsequent offense which was committed while the defendant was:
(a) In custody on a prior charge is not eligible for any credit on the sentence for the subsequent offense for time the defendant has spent in confinement on the prior charge, unless the charge was dismissed or the defendant was acquitted.
(b) Imprisoned in a county jail or state prison or on probation or parole from a Nevada conviction is not eligible for any credit on the sentence for the subsequent offense for the time the defendant has spent in confinement which is within the period of the prior sentence, regardless of whether any probation or parole has been formally revoked.
(Added to NRS by 1967, 1433; A 1971, 243; 1973, 161; 1981, 479; 2013, 222)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.057 - Effect of finding of guilty but mentally ill or acceptance of such plea.

1. If a defendant is found guilty but mentally ill pursuant to NRS 175.533 or the court accepts the defendant’s plea of guilty but mentally ill entered pursuant to NRS 174.035, and the court finds by a preponderance of the evidence that:
(a) The defendant is not mentally ill at the time of sentencing, the court shall impose any sentence that the court is authorized to impose upon a defendant who pleads or is found guilty of the same offense; or
(b) The defendant is mentally ill at the time of sentencing, the court shall:
(1) Impose any sentence that the court is authorized to impose upon a defendant who pleads or is found guilty of the same offense; and
(2) Include in that sentence an order that the defendant, during the period of confinement or probation, be given or obtain such treatment as is medically indicated for the defendant’s mental illness.
2. If the sentence of a defendant includes a period of confinement at a state correctional facility, the Department of Corrections shall separate such a person from the general population of the prison and shall not return the person to that population until a licensed psychiatrist or psychologist employed by the Department finds that the person no longer requires acute mental health care. If the person is returned to the general population, the person must continue to be given or obtain such treatment as is medically indicated for the person’s mental illness.
(Added to NRS by 2007, 1413)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.062 - Administrative assessment for felony or gross misdemeanor: Collection; distribution; limitations on use.

1. When a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a felony or gross misdemeanor, the judge shall include in the sentence the sum of $25 as an administrative assessment and render a judgment against the defendant for the assessment.
2. The money collected for an administrative assessment:
(a) Must not be deducted from any fine imposed by the judge;
(b) Must be taxed against the defendant in addition to the fine; and
(c) Must be stated separately on the court’s docket.
3. The money collected for administrative assessments in district courts 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. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Five dollars for credit to a special account in the county general fund for the use of the district court.
(b) The remainder of each assessment to the State Controller.
4. The State Controller shall credit the money received pursuant to subsection 3 to a special account for the assistance of criminal justice in the State General Fund, and distribute the money from the account to the Attorney General as authorized by the Legislature. Any amount received in excess of the amount authorized by the Legislature for distribution must remain in the account.
(Added to NRS by 1987, 846; A 1991, 1153; 1995, 2455; 2001, 2921; 2003, 1465; 2007, 1420)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.0625 - Administrative assessment, fine or fee for felony or gross misdemeanor: Collection by certain entities.

1. If a fine, administrative assessment or fee is imposed pursuant to this chapter upon a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a felony or gross misdemeanor, the district court entering the judgment of conviction shall forward to the county treasurer or other office assigned by the county to make collections the information necessary to collect the fine, administrative assessment or fee. The county treasurer or other office assigned by the county to make collections is responsible for such collection efforts and has the authority to collect the fine, administrative assessment or fee.
2. If the county treasurer or other office assigned by the county to make collections is unable to collect the fine, administrative assessment or fee after 60 days, the county treasurer may assign to the Office of the State Controller the responsibility for collection of the fine, administrative assessment or fee through a cooperative agreement pursuant to NRS 353.650, so long as the Office of the State Controller is willing and able to make such collection efforts.
3. If the county treasurer and the Office of the State Controller enter into a cooperative agreement pursuant to NRS 353.650, the county treasurer or other county office assigned by the county to make collections shall forward to the Office of the State Controller the necessary information. For the purposes of this section, the information necessary to collect the fine, administrative assessment or fee shall be considered and limited to:
(a) The name of the defendant;
(b) The date of birth of the defendant;
(c) The social security number of the defendant;
(d) The last known address of the defendant; and
(e) The nature and the amount of money owed by the defendant.
4. If the Office of the State Controller is successful in collecting the fine, administrative assessment or fee, the money collected must be returned to the originating county, minus the costs and fees actually incurred in collecting the fine, administrative assessment or fee pursuant to NRS 176.0635.
5. Any money collected pursuant to subsection 4 must be deposited in the State Treasury, pursuant to NRS 176.265.
6. Any record created pursuant to subsection 3 that contains personal identifying information shall not be considered a public record pursuant to NRS 239.010 and must be treated pursuant to NRS 239.0105.
7. Unless otherwise prohibited by law, the entity responsible for collecting the fine, administrative assessment or fee pursuant to this section has the authority to compromise the amount to be collected for the purpose of satisfying the judgment.
(Added to NRS by 2011, 909)
2023 Nevada Revised Statutes › Chapter 176 - Judgment and Execution › NRS 176.063 - Administrative assessment, fine or fee for felony or gross misdemeanor: Court must advise defendant regarding lien.

If a district court imposes a fine, administrative assessment or fee upon a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a felony or gross misdemeanor, the district court judge shall advise the defendant at the time of sentencing that:
1. The judgment constitutes a lien, pursuant to NRS 176.275; and
2. If the defendant does not satisfy the lien, collection efforts may be undertaken against the defendant pursuant to the laws of this State.
(Added to NRS by 2011, 910)