NRS: CHAPTER 217 - AID TO CERTAIN VICTIMS OF CRIME

[Rev. 6/29/2024 3:17:51 PM--2023]

CHAPTER 217 - AID TO CERTAIN VICTIMS OF CRIME

GENERAL PROVISIONS

NRS 217.005 Dissemination of information describing benefits available pursuant to this chapter.

NRS 217.007 Right of victim to receive proceeds from material based upon or related to crime; limitation on liability.

COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS

NRS 217.010 Policy of State.

NRS 217.020 Definitions.

NRS 217.025 “Appeals officer” defined.

NRS 217.033 “Compensation officer” defined.

NRS 217.035 “Crime” defined.

NRS 217.038 “Department” defined.

NRS 217.040 “Dependents” defined.

NRS 217.042 “Director” defined.

NRS 217.045 “Hearing officer” defined.

NRS 217.050 “Personal injury” defined.

NRS 217.060 “Relative” defined.

NRS 217.065 “Resident” defined.

NRS 217.070 “Victim” defined.

NRS 217.090 Compensation officers: Appointment; duties; instruction.

NRS 217.094 State Plan for Services for Victims of Crime; forms for compensation for victims of crimes to be available to obtain and submit on the Internet; survey to determine effectiveness of methods for providing compensation to victims of crimes and to identify any barriers.

NRS 217.096 Designation of statewide center for assistance to victims: Duties; location; acceptance of gifts, grants, donations, bequests and money.

NRS 217.098 Designation of human trafficking specialist; directory of services for victims of human trafficking; statewide plan; State of Nevada Human Trafficking Coalition; review of plan.

NRS 217.100 Application for compensation; limitation on time for submitting application; order for payment; medical reports.

NRS 217.102 Circumstances under which victim of crime may apply for compensation.

NRS 217.105 Confidentiality of information.

NRS 217.110 Review of application; appeal of denial by compensation officer; investigation of claim; availability and confidentiality of reports concerning crime committed by minor; decisions.

NRS 217.112 Hearing before hearing officer: Request by applicant; failure to request hearing excused under certain circumstances; notice of change of address.

NRS 217.113 Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision.

NRS 217.115 Waiver of times specified.

NRS 217.117 Appeal of decision of hearing officer or appeals officer; powers and duties of appeals officer.

NRS 217.120 Proof of conviction conclusive evidence of commission of offense.

NRS 217.130 State Plan for Services for Victims of Crime to include certain rules and regulations; process for adopting and revising rules and regulations; time for objecting to rule or regulation.

NRS 217.140 Attorney’s fees.

NRS 217.150 Standards for compensation.

NRS 217.160 Persons who may be awarded compensation.

NRS 217.170 Suspension of proceedings.

NRS 217.180 Order for compensation: Considerations.

NRS 217.200 Payment of compensation for expenses and losses; certificate for meritorious citizen’s service.

NRS 217.220 Award of compensation prohibited under certain circumstances; exceptions.

NRS 217.240 Recovery by applicant: Subrogation; duty of notice and payment.

NRS 217.245 Acceptance of payment from Department for certain services provided to victim constitutes payment in full.

NRS 217.250 Reports.

NRS 217.260 Fund for the Compensation of Victims of Crime.

NRS 217.270 Unlawful acts; penalty.

ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

NRS 217.280 “Victim of sexual assault” defined.

NRS 217.290 County to provide for counseling and medical treatment of victims.

NRS 217.300 Payment of cost of initial medical care of victim; payment of costs incurred by hospital for forensic medical examination of victim.

NRS 217.310 Application for medical and psychological treatment of victim and spouse; companionship during counseling; prerequisite to approval; certain costs of treatment for victim of sexual assault or other eligible person to be charged to county.

NRS 217.320 Availability of medical and psychological treatment; limitation of cost.

NRS 217.330 Certification by person providing counseling or psychological treatment required.

NRS 217.340 Limitations on time for treatment.

NRS 217.350 Regulations prescribing procedures.

ASSISTANCE TO VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE

NRS 217.400 Definitions.

NRS 217.405 Payment of costs incurred by hospital for strangulation forensic medical examination.

NRS 217.420 Grants from Account for Aid for Victims of Domestic or Sexual Violence: Eligibility.

NRS 217.440 Account for Aid for Victims of Domestic or Sexual Violence: Creation; administration; application for grant.

NRS 217.445 Expenditure of grant must be approved by Division.

NRS 217.450 Procedure for award of grants; formula.

NRS 217.460 Reports from recipients of grants to Administrator of Division.

NRS 217.462 Fictitious address for victim of domestic violence, human trafficking, sexual assault or stalking: Eligibility; application to Division; penalty for providing false information.

NRS 217.464 Fictitious address for victim of domestic violence, sexual assault or stalking: Designation of fictitious address; forwarding of mail; treatment by governmental entity or provider of utility service; disclosure of confidential address by Division, governmental entity or provider of utility service; notification of school that pupil, parent or legal guardian is participant.

NRS 217.466 Fictitious address for victim of domestic violence, sexual assault or stalking: Form for participant to register to vote or change address of registration.

NRS 217.468 Fictitious address for victim of domestic violence, human trafficking, sexual assault or stalking: Cancellation.

NRS 217.471 Fictitious address for victim of domestic violence, sexual assault or stalking: Adoption of procedures by Division.

NRS 217.475 Team to review death of victim of domestic violence.

ASSISTANCE TO VICTIMS OF SEXUAL ABUSE

NRS 217.480 County to provide for counseling of victims and certain relatives upon request.

CONTINGENCY ACCOUNT FOR VICTIMS OF HUMAN TRAFFICKING

NRS 217.500 Definitions.

NRS 217.510 “Account” defined.

NRS 217.520 “Victim of human trafficking” defined.

NRS 217.530 Creation; administration; use; limitations.

NRS 217.540 Procedure for applying for allocation from Account; Director authorized to place conditions on acceptance of allocation; use of allocated money.

NRS 217.545 Submission of certain information concerning human trafficking to Center for the Analysis of Crime Statistics.

CERTIFICATION FOR VICTIMS SEEKING TEMPORARY FEDERAL IMMIGRATION BENEFITS

NRS 217.550 Definitions.

NRS 217.555 “Certification” defined.

NRS 217.560 “Certifying agency” defined.

NRS 217.565 “Certifying official” defined.

NRS 217.570 “Criminal activity” defined.

NRS 217.575 “Petitioner” defined.

NRS 217.580 Considerations for determination whether to provide certification to petitioner; content of certification.

NRS 217.585 Time for processing of request for certification.

NRS 217.590 Prohibited actions by certifying agency; certifying agency to develop protocol to assist certain petitioners; report to Legislature regarding certifications.

_________

GENERAL PROVISIONS

NRS 217.005 Dissemination of information describing benefits available pursuant to this chapter. The Department of Administration may prepare and disseminate information describing the benefits available pursuant to this chapter to victims of crime.

(Added to NRS by 1985, 2099; A 1991, 763; 2017, 127)

NRS 217.007 Right of victim to receive proceeds from material based upon or related to crime; limitation on liability.

1. A victim may commence any action specified in NRS 11.190 or 207.470 which arises from the commission of a felony, against the person who committed the felony within 5 years after the time the person who committed the felony becomes legally entitled to receive proceeds for any contribution to any material that is based upon or substantially related to the felony which was perpetrated against the victim.

2. If the limitation period established in NRS 11.190 or 207.520 has otherwise expired, the liability of the person committing the felony to a victim imposed under this section must be limited to the value of the proceeds received by the person who committed the felony for any contribution to material that is based upon or substantially related to the felony which was perpetrated against the victim.

3. For purposes of this section:

(a) “Material” means a book, magazine or newspaper article, movie, film, videotape, sound recording, interview or appearance on a television or radio station and live presentations of any kind.

(b) “Proceeds” includes money, royalties, real property and any other consideration.

(1) Against whom a crime has been committed;

(2) Who has been injured or killed as a direct result of the commission of a crime; or

(3) Who is the surviving spouse, a parent or a child of such a person.

(Added to NRS by 1993, 453; A 2021, 1586)

COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS

NRS 217.010 Policy of State. It is the policy of this State to provide assistance to persons who are victims of violent crimes or the dependents of victims of violent crimes.

(Added to NRS by 1969, 1151; A 1975, 1292, 1788; 1981, 1666)

NRS 217.020 Definitions. As used in NRS 217.010 to 217.270, inclusive, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1969, 1151; A 1975, 1292, 1788; 1981, 1666; 1983, 889; 1985, 2099; 1989, 261; 1991, 763; 1997, 192, 787; 2017, 127; 2021, 836)

NRS 217.025 “Appeals officer” defined. “Appeals officer” means an appeals officer of the Department.

(Added to NRS by 1985, 2099; A 1991, 763; 2017, 127)

NRS 217.033 “Compensation officer” defined. “Compensation officer” means a compensation officer appointed pursuant to NRS 217.090.

(Added to NRS by 1989, 261; A 1991, 763; 2017, 127)

NRS 217.035 “Crime” defined. “Crime” means:

1. An act or omission committed within this state which, if committed by an adult, is forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline; or

2. An act of international terrorism as defined in 18 U.S.C. § 2331(1) against a person.

(Added to NRS by 1975, 1788; A 1991, 763; 1997, 192; 2017, 2769)

NRS 217.038 “Department” defined. “Department” means the Department of Health and Human Services.

(Added to NRS by 2017, 127; A 2019, 4147)

NRS 217.040 “Dependents” defined. “Dependents” means the relatives of a deceased or injured victim who were wholly or partially dependent upon the income of the victim at the time of his or her death or injury.

(Added to NRS by 1969, 1151; A 1981, 1666)

NRS 217.042 “Director” defined. “Director” means the Director of the Department.

(Added to NRS by 2017, 127)

NRS 217.045 “Hearing officer” defined. “Hearing officer” means a hearing officer of the Department.

(Added to NRS by 1981, 1665; A 1991, 764; 2017, 128)

NRS 217.050 “Personal injury” defined. “Personal injury” means:

1. Actual bodily harm or threat of bodily harm which results in a need for medical treatment;

2. In the case of a minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730, any harm which results in a need for medical treatment or any psychological or psychiatric counseling, or both;

3. Any harm which results from sexual abuse; or

4. Any harm which results from a violation of NRS 200.5099 or 200.50995.

(Added to NRS by 1969, 1151; A 1981, 1666; 1983, 818; 1985, 2099; 1995, 953; 2007, 748)

NRS 217.060 “Relative” defined. “Relative” of any person includes:

1. A spouse, parent, grandparent or stepparent;

2. A natural born, step or adopted child;

3. A grandchild, brother, sister, half brother or half sister; or

4. A parent of a spouse.

(Added to NRS by 1969, 1151; A 1981, 1667)

NRS 217.065 “Resident” defined. “Resident” means a person who, during the 6 weeks preceding the date of the crime, was domiciled in this state and physically present in this state, except for any temporary absence.

(Added to NRS by 1997, 192; A 2017, 2769)

NRS 217.070 “Victim” defined.

1. “Victim” means a person who suffers direct or threatened physical, financial or psychological harm as a result of the commission of a crime, including, without limitation:

(a) A person who is injured or killed as the direct result of a criminal act;

(b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

(d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;

(e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;

(f) An older person or a vulnerable person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;

(g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1);

(h) A person who is trafficked in violation of subsection 2 of NRS 201.300;

(i) A veteran who experienced an act of sexual assault while serving on active duty, active duty for training or inactive duty training;

(j) A person who is subjected to facilitating sex trafficking in violation of subsection 1 of NRS 201.301; or

(k) A person who is an immediate family member of a victim who:

(1) Is a minor;

(2) Is physically or mentally incompetent; or

(3) Was killed.

2. The term includes any person who was harmed by an act listed in subsection 1, regardless of whether:

(a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or

(b) The act was committed by an adult or a minor.

(Added to NRS by 1969, 1151; A 1975, 1789; 1981, 1667; 1983, 818; 1985, 2099; 1987, 2270; 1995, 953; 1997, 192, 787; 2005, 167; 2007, 748; 2013, 2435; 2015, 826, 1659; 2017, 2769; 2019, 474, 1823, 3491, 4147, 4460)

NRS 217.090 Compensation officers: Appointment; duties; instruction.

1. The Director shall appoint one or more compensation officers.

2. A compensation officer shall:

(a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:

(1) Compiling bills and medical reports from physicians who have treated the victim for his or her injury;

(2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury and verifying that information with the employer of the victim;

(3) Obtaining and reviewing reports of peace officers and statements of witnesses; and

(4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his or her injuries or the death of the victim.

(b) After completing the investigation, make a determination of eligibility and render a written decision, including an order directing payment of compensation, if compensation is due.

3. Each compensation officer appointed pursuant to subsection 1 must receive at least 8 hours of instruction concerning the methods used to interview victims of crime before the compensation officer may conduct interviews as a compensation officer.

(Added to NRS by 1969, 1151; A 1975, 1292, 1789; 1981, 1667; 1983, 1957; 1985, 397; 1989, 261, 1509; 1991, 764; 2017, 128)

1. Shall develop a State Plan for Services for Victims of Crime to ensure that agencies which provide compensation to and services for victims of crime coordinate their efforts and use the same data.

2. Shall consult with each of its divisions and all other agencies which administer a fund designated for victims of crime when developing the State Plan for Services for Victims of Crime.

3. May consult with any agency which provides support for victims of crime when developing the State Plan for Services for Victims of Crime.

4. Shall make any forms used to provide compensation for victims of crime established by this section and NRS 217.010 to 217.270, inclusive, available on an Internet website maintained by the Department and allow those forms to be submitted using that Internet website.

5. Shall develop a survey to determine the effectiveness of the various methods for providing compensation to victims of crimes established by this section and NRS 217.010 to 217.270, inclusive, and identify any barriers to the provision of such compensation. The Department shall request each person who submits a claim pursuant to this section and NRS 217.010 to 217.270, inclusive, to complete the survey.

(Added to NRS by 2019, 4146)

NRS 217.096 Designation of statewide center for assistance to victims: Duties; location; acceptance of gifts, grants, donations, bequests and money.

1. In collaboration with persons and entities that advocate for the needs of victims, the Division shall, to the extent that money is available for this purpose, designate a statewide center to provide assistance to victims.

2. If a center is designated pursuant to subsection 1, the center must, to the extent money is available, provide support services to victims, including, without limitation, by:

(a) Providing referral services and case management services to connect victims with:

(1) Necessary medical and behavioral health care services, including, without limitation, counseling services and treatment for post-traumatic stress;

(2) Agencies which provide compensation to and support for victims;

(3) Legal aid services; and

(4) Services provided by a federal, state or local law enforcement agency;

(b) Providing advocacy services for victims, including, without limitation, services designed to ensure victims are reimbursed for out-of-pocket expenses that are eligible for reimbursement by an agency which provides compensation and support for victims;

(c) Providing information concerning counseling services and facilitating the provision of counseling services, including, without limitation, through virtual and in-person support groups and wellness events;

(d) Providing technical assistance with applying for online services available to victims;

(e) Operating a call center for the purpose of providing information relating to support services available to victims; and

(f) Responding to critical incidents in this State.

3. If a center is designated pursuant to subsection 1, the center must:

(a) Be based in a county whose population is 700,000 or more and provide direct services to victims in that county;

(b) To the extent money is available, assist the Division with expanding the services available to victims in this State; and

(c) To the extent money is available, provide training and technical assistance and take other preparatory steps to ensure that communities throughout the State are adequately trained and equipped to provide support services to victims relating to critical incidents.

4. The Administrator may accept any gift, grant, donation, bequest or other source of money for the purposes of carrying out the provisions of this section. Any money so received must be deposited in the Victim Support Gift Account, which is hereby established in the State General Fund. The Administrator shall administer the Account. The interest and income earned on money in the Account from any gift, grant, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, grant, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

5. As used in this section:

(a) “Administrator” means the Administrator of the Division.

(b) “Critical incident” means an abnormal event that is sudden and unexpected and has a stressful impact sufficient to overwhelm the coping skills of a person.

(d) “Victim” means a person who suffers direct harm as a result of a violent crime or a person who suffers harm as an indirect consequence of a violent crime, including, without limitation, by witnessing the crime.

(Added to NRS by 2021, 2259)

NRS 217.098 Designation of human trafficking specialist; directory of services for victims of human trafficking; statewide plan; State of Nevada Human Trafficking Coalition; review of plan.

1. The Administrator of the Division of Child and Family Services of the Department shall:

(a) Designate a human trafficking specialist who works for the program for compensation for victims of crime established pursuant to NRS 217.020 to 217.270, inclusive;

(b) Ensure that a directory of services for victims of human trafficking is publicly accessible on the Internet; and

(c) In cooperation with the Attorney General and any other state agency, federal agency, public or private entity or other stakeholder the Administrator deems appropriate:

(1) Develop a statewide plan for the delivery of services to victims of human trafficking; and

(2) Form the State of Nevada Human Trafficking Coalition, a statewide coalition consisting of interested parties and stakeholders to assist the human trafficking specialist designated pursuant to paragraph (a) in:

(I) Carrying out his or her duties pursuant to this section; and

(II) Maximizing resources for local human trafficking task forces.

2. The plan developed pursuant to subparagraph (1) of paragraph (c) of subsection 1 may provide for:

(a) The identification of victims of human trafficking;

(b) Assistance to victims of human trafficking with applying for governmental benefits and services to which they may be entitled;

(c) Resources for victims of human trafficking, including, without limitation, medical, psychological, housing, education, job training, child care, victims’ compensation, legal and other services;

(d) Developing strategies to increase awareness about human trafficking and the services available to victims of human trafficking among state and local agencies that provide social services, public and private agencies that may provide services to victims of human trafficking and the public;

(e) The establishment and maintenance of community-based services for victims of human trafficking; and

(f) Assistance to victims of human trafficking with family reunification or to return to their place of origin, if the victim so desires.

3. The Administrator shall periodically review the statewide plan developed pursuant to subparagraph (1) of paragraph (c) of subsection 1 and its implementation to determine whether the plan and its implementation comply with the provisions of this section.

4. As used in this section, “victim of human trafficking” means a person against whom a violation of any provision of NRS 200.463 to 200.465, inclusive, 200.467, 200.468, 201.300 or 201.320, or 18 U.S.C. §§ 1589, 1590 or 1591 has been committed.

(Added to NRS by 2021, 835)

NRS 217.100 Application for compensation; limitation on time for submitting application; order for payment; medical reports.

1. Except as otherwise provided in subsection 5, any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the Director for such compensation not later than 24 months after the injury or death for which compensation is claimed or, for a person who is a victim of sex trafficking or facilitating sex trafficking, not later than 60 months after the injury or death for which compensation is claimed, unless waived by the Director or a person designated by the Director for good cause shown, and the personal injury or death was the result of an incident or offense that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

2. An order for the payment of compensation must not be made unless the application is made within the time set forth in subsection 1.

3. Where the person entitled to make application is:

(a) A minor, the application may be made on his or her behalf by a parent or guardian.

(b) Mentally incapacitated, the application may be made on his or her behalf by a parent, guardian or other person authorized to administer his or her estate.

4. The applicant must submit with his or her application the reports, if reasonably available, from all physicians who, at the time of or subsequent to the victim’s injury or death, treated or examined the victim in relation to the injury for which compensation is claimed.

5. The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching 21 years of age.

6. As used in this section:

(a) “Facilitating sex trafficking” means a violation of NRS 201.301.

(b) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

(Added to NRS by 1969, 1151; A 1975, 1292; 1977, 958; 1981, 1668; 2017, 128; 2019, 4147, 4150; 2023, 2687)

NRS 217.102 Circumstances under which victim of crime may apply for compensation.

1. A resident who is a victim of a crime that occurred in a state other than the State of Nevada may apply to the Director for compensation if:

(a) The state in which the crime occurred does not have a program for compensating victims of crime for their injuries; or

(b) The resident is ineligible to receive compensation under the program of the other state.

2. A victim of a crime that occurred in this State who is not a resident of this State may apply to the Director for compensation in the same manner as a resident of this State.

(Added to NRS by 1997, 192; A 2017, 128, 2770)

NRS 217.105 Confidentiality of information. Any information which a compensation officer obtains in the investigation of a claim for compensation pursuant to NRS 217.090 or which is submitted pursuant to NRS 217.100 is confidential and must not be disclosed except:

1. Upon the request of the applicant or the applicant’s attorney;

2. In the necessary administration of this chapter; or

3. Upon the lawful order of a court of competent jurisdiction,

Ê unless the disclosure is otherwise prohibited by law.

(Added to NRS by 1989, 1509; A 1991, 765)

NRS 217.110 Review of application; appeal of denial by compensation officer; investigation of claim; availability and confidentiality of reports concerning crime committed by minor; decisions.

1. Upon receipt of an application for compensation, the compensation officer shall review the application to determine whether the applicant qualifies for compensation. The compensation officer shall deny the claim within 5 days after receipt of the application if the applicant’s ineligibility is apparent from the facts stated in the application. The applicant may appeal the denial to a hearing officer within 60 days after the decision. If the hearing officer determines that the applicant may be entitled to compensation, the hearing officer shall order the compensation officer to complete an investigation and render a decision pursuant to subsection 2. If the hearing officer denies the appeal, the applicant may appeal to an appeals officer pursuant to NRS 217.117.

2. If the compensation officer does not deny the application pursuant to subsection 1, or if the compensation officer is ordered to proceed by the hearing officer, the compensation officer shall conduct an investigation and, except as otherwise provided in subsection 6, render a decision within 60 days after receipt of the application or order. If, in conducting an investigation, the compensation officer believes that:

(a) Reports on the previous medical history of the victim;

(b) An examination of the victim and a report of that examination;

(d) Investigative or police reports,

Ê would aid the compensation officer in making a decision, the compensation officer may order the reports.

3. If a compensation officer submits a request pursuant to subsection 2 for investigative or police reports which concern:

(a) A natural person, other than a minor, who committed a crime against the victim, a law enforcement agency shall provide the compensation officer with a copy of the requested investigative or police reports within 10 days after receipt of the request or within 10 days after the reports are completed, whichever is later.

(b) A minor who committed a crime against the victim, a juvenile court or a law enforcement agency shall provide the compensation officer with a copy of the requested investigative or police reports within 10 days after receipt of the request or within 10 days after the reports are completed, whichever is later.

4. A law enforcement agency or a juvenile court shall not redact any information, except information deemed confidential, from an investigative or police report before providing a copy of the requested report to a compensation officer pursuant to subsection 3.

5. Any reports obtained by a compensation officer pursuant to subsection 3 are confidential and must not be disclosed except upon the lawful order of a court of competent jurisdiction.

6. When additional reports are requested pursuant to subsection 2, the compensation officer shall render a decision in the case, including an order directing the payment of compensation if compensation is due, within 15 days after receipt of the reports.

(Added to NRS by 1969, 1152; A 1975, 1789; 1981, 1668; 1985, 2100; 1991, 765; 2005, 61; 2009, 83, 521)

NRS 217.112 Hearing before hearing officer: Request by applicant; failure to request hearing excused under certain circumstances; notice of change of address.

1. An applicant who is subject to the provisions of this chapter may request a hearing before a hearing officer on any matter within the hearing officer’s authority. The compensation officer shall provide with his or her decision the necessary information for requesting such a hearing.

2. An applicant aggrieved by a compensation officer’s decision may appeal the decision by filing a request for a hearing before a hearing officer. Such a request must be filed within 15 days after the decision was mailed by the Director or compensation officer.

3. Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the applicant shows by a preponderance of the evidence that the applicant did not receive the notice of the decision and the information necessary to request a hearing.

4. The applicant shall notify the compensation officer and the hearing officer in writing of a change of address within a reasonable time after that change.

(Added to NRS by 1991, 763; A 2017, 128)

NRS 217.113 Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision.

1. If an applicant appeals a determination of the compensation officer, the hearing officer shall hold a hearing unless the hearing officer can render a favorable decision to the applicant without a hearing. If the hearing officer holds a hearing, the hearing officer shall:

(a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after receipt of the request; and

(b) Give notice by United States mail or by personal service to the applicant at least 15 days before the date and time scheduled for the hearing.

Ê The hearing officer shall render a decision in the case, including an order directing payment of compensation, if compensation is due, within 15 days after the hearing or receiving the reports necessary in rendering the decision. The hearing officer may affirm, modify or reverse the decision of the compensation officer. The hearing officer shall mail his or her decision to the applicant and include any information necessary for appealing the decision to the appeals officer.

2. The hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books and papers at the hearing.

3. If a witness refuses to attend or testify or produce any books and papers as required by the subpoena, the hearing officer may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the hearing officer pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the hearing officer who is named in the subpoena, or has refused to answer questions propounded to the witness,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the hearing officer.

4. Upon receiving such a petition, the court shall enter an order directing the witness 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 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the hearing officer. A certified copy of the order must be served upon the witness.

5. If it appears to the court that the subpoena was regularly issued by the hearing officer, the court shall enter an order that the witness appear before the hearing officer at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

6. The applicant and any other person having a substantial interest in the outcome of the hearing may appear and be heard, produce evidence and cross-examine witnesses in person or by his or her attorney. The hearing officer also may hear other persons who may have relevant evidence to submit.

7. Any statement, document, information or matter may be received in evidence if, in the opinion of the hearing officer, it contributes to a determination of the claim, whether or not the evidence would be admissible in a court of law.

8. The hearing officer shall create a record of each hearing. The record may be in the form of a sound recording.

9. The hearing officer shall render a decision in the case, including an order directing the payment of compensation, if compensation is due, within 15 days after the hearing.

(Added to NRS by 1981, 1665; A 1991, 766)

NRS 217.115 Waiver of times specified. The limitations of time in NRS 217.110 and 217.113 may be waived by the applicant or, upon good cause shown, by the hearing officer or appeals officer.

(Added to NRS by 1981, 1666; A 1985, 2101)

NRS 217.117 Appeal of decision of hearing officer or appeals officer; powers and duties of appeals officer.

1. The applicant or the Director may, within 15 days after the hearing officer renders a decision, appeal the decision to an appeals officer. The appeals officer may hold a hearing or render a decision without a hearing. If the appeals officer holds a hearing, the appeals officer must give notice to the applicant, hold the hearing within 30 days after the notice, and render a decision in the case within 15 days after the hearing. The appeals officer shall render a decision in each case within 30 days after receiving the appeal and the record if a hearing is not held. The appeals officer may affirm, modify or reverse the decision of the hearing officer.

2. The appeals officer has the same powers as are vested in the hearing officer pursuant to NRS 217.113.

3. The applicant or the Director may, within 15 days after the appeals officer renders a decision, appeal the decision in accordance with the regulations adopted by the Department pursuant to NRS 217.130.

(Added to NRS by 1981, 1666; A 1985, 2101; 1991, 767; 2017, 129; 2019, 4148)

NRS 217.120 Proof of conviction conclusive evidence of commission of offense. If any person has been convicted of any offense with respect to an act on which a claim under NRS 217.010 to 217.270, inclusive, is based, proof of that conviction is conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.

(Added to NRS by 1969, 1152; A 1975, 1293)

NRS 217.130 State Plan for Services for Victims of Crime to include certain rules and regulations; process for adopting and revising rules and regulations; time for objecting to rule or regulation.

1. The State Plan for Services for Victims of Crime adopted pursuant to NRS 217.094 must carry out the provisions of NRS 217.010 to 217.270, inclusive, and must include, without limitation, rules and regulations:

(a) Establishing the eligibility requirements for receiving compensation under the provisions of NRS 217.010 to 217.270, inclusive, in accordance with state and federal law.

(b) Prescribing the procedures to be followed in the filing of applications and proceedings under NRS 217.010 to 217.270, inclusive, and for such other matters as the Director deems appropriate.

(c) Providing for administrative hearings to address appeals of the decisions of appeals officers pursuant to subsection 3 of NRS 217.117.

2. Before adopting, amending or repealing any rule or regulation contained in the State Plan, the Department must give at least 30 days’ notice of the intended action.

3. The notice of intent to act upon a rule or regulation must:

(a) Include a statement of the need for and purpose of the proposed rule or regulation, and either the terms or substance of the proposed rule or regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.

(b) Include a statement identifying the entities that may be financially affected by the proposed rule or regulation and the potential financial impact, if any, upon a local government.

(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Department for that purpose.

4. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed rule or regulation, orally or in writing. The Department shall consider fully all oral and written submissions relating to the proposed rule or regulation.

5. The Department shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in NRS 241.035. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

6. An objection to any rule or regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after the effective date of the rule or regulation.

7. The Department shall submit a copy of any rule or regulation adopted pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

(Added to NRS by 1969, 1152; A 1975, 1293; 2017, 129; 2019, 4148)

NRS 217.140 Attorney’s fees.

1. The hearing officer may, as part of any order entered pursuant to the provisions of NRS 217.010 to 217.270, inclusive, allow reasonable attorney’s fees, but these fees may not exceed 10 percent of the award.

2. It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed.

(Added to NRS by 1969, 1152; A 1975, 1293; 1981, 1669)

NRS 217.150 Standards for compensation. The Director shall, so far as practicable, formulate standards for the uniform application of NRS 217.010 to 217.270, inclusive, by the compensation officers in the determination of the amount of any compensation payable pursuant to NRS 217.010 to 217.270, inclusive. The standards must take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.

(Added to NRS by 1969, 1152; A 1975, 1293; 1981, 1669; 1991, 767; 2017, 129; 2019, 4149)

NRS 217.160 Persons who may be awarded compensation.

1. The compensation officer may order the payment of compensation:

(a) To or for the benefit of the victim.

(b) If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury.

(d) To a minor who is a member of the household or immediate family of a victim of a battery which constitutes domestic violence pursuant to NRS 33.018 who needs an assessment, a psychological evaluation or psychological counseling for emotional trauma suffered by the minor as a result of the battery.

(e) To a member of the victim’s household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010.

(f) To a county in whose jurisdiction a sexual assault was committed for the reimbursement of costs associated with a forensic medical examination of a victim of sexual assault that are paid by the county pursuant to NRS 217.300. A county may be reimbursed pursuant to this paragraph in an amount equal to the cost of 10 forensic medical examinations or $10,000, whichever is less, each fiscal year.

2. As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(b) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

(1) Have significant personal ties to the victim; or

(2) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

(d) “Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

(e) “Victim of sexual assault” has the meaning ascribed to it in NRS 217.280.

(Added to NRS by 1969, 1153; A 1981, 1670; 1989, 1510; 1991, 128, 768; 2001, 2487; 2017, 2890)

NRS 217.170 Suspension of proceedings. Upon application made by an appropriate prosecuting authority, the compensation officer, hearing officer or appeals officer may suspend any proceedings being conducted pursuant to NRS 217.010 to 217.270, inclusive, for such period as the officer deems appropriate on the ground that a prosecution for an offense arising from the act or omission to act on which the claim for compensation is based has been commenced or is imminent.

(Added to NRS by 1969, 1153; A 1975, 1293; 1981, 1670; 1991, 768; 2019, 4149)

NRS 217.180 Order for compensation: Considerations.

1. Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall award compensation unless the injury or death of the victim was substantially attributable to a wrongful act of the victim or substantially provoked by the victim.

2. If the case involves a victim of domestic violence, sexual assault, facilitating sex trafficking or sex trafficking, the compensation officer shall not consider the wrongful act, provocation or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim.

3. If the applicant has received or is likely to receive an amount on account of the applicant’s injury or the death of another from:

(a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;

(b) Insurance;

(d) Another private or public source or program of assistance,

Ê the applicant shall report the amount received or that the applicant is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Department the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.

4. An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.

5. As used in this section:

(a) “Domestic violence” means an act described in NRS 33.018.

(b) “Facilitating sex trafficking” means a violation of NRS 201.301.

(1) Public assistance, as defined in NRS 422A.065;

(2) Social services provided by a social service agency, as defined in NRS 430A.080; or

(3) Other assistance provided by a public entity.

(d) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

(e) “Sexual assault” has the meaning ascribed to it in NRS 200.366.

(Added to NRS by 1969, 1153; A 1981, 1670; 1985, 2102; 1991, 768; 1997, 788; 2005, 22nd Special Session, 49; 2009, 522; 2013, 1315, 2436; 2019, 1823, 4149)

NRS 217.200 Payment of compensation for expenses and losses; certificate for meritorious citizen’s service.

1. The compensation officer may order the payment of compensation and the award of a Governor’s certificate for meritorious citizen’s service to a victim for:

(a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing that are actually and reasonably incurred as a result of the personal injury or death of the victim;

(b) Loss of earnings or support that is reasonably incurred as a result of the total or partial incapacity of the victim for not longer than 52 weeks;

(d) Funeral expenses that are actually and reasonably incurred as a result of the death of the victim; and

(e) Another loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.

2. The compensation officer may order the payment of compensation for a person who pays the funeral expenses of a victim.

(Added to NRS by 1969, 1153; A 1975, 1790; 1981, 1670; 1983, 818, 1958; 1985, 2102; 1987, 497; 1991, 769; 1995, 2220; 1997, 114, 920; 2001, 384; 2009, 1508; 2015, 2434)

NRS 217.220 Award of compensation prohibited under certain circumstances; exceptions.

1. Except as otherwise provided in subsections 2 and 3, compensation must not be awarded if the victim:

(a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484C.110 or the use of the vehicle was punishable pursuant to NRS 484C.430 or 484C.440;

(b) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries;

(d) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to title 5 of NRS; or

(e) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

2. Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484C.110 or is punishable pursuant to NRS 484C.430 or 484C.440.

3. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

4. The compensation officer may deny an award if the compensation officer determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

(a) The value of the victim’s dwelling;

(b) The value of one motor vehicle owned by the victim; or

(Added to NRS by 1969, 1153; A 1975, 1294, 1790; 1981, 1671; 1983, 818; 1985, 2103; 1987, 2270; 1991, 770; 1995, 953, 2220; 1997, 193, 605, 789; 1999, 117; 2003, 1127; 2005, 168; 2017, 2770)

NRS 217.240 Recovery by applicant: Subrogation; duty of notice and payment. An applicant who accepts an award does so under the following conditions:

1. The State of Nevada is immediately subrogated in the amount of the award to any right of action or recovery the applicant may have against any party, and that right of subrogation may be diminished for attorney’s fees and other costs of litigation in obtaining a recovery from another source; and

2. If recovery from any source is obtained for damages caused by the crime, the applicant shall promptly notify the Director of the source and amount of that recovery, and shall promptly pay to the Department the lesser of the amount of the award made pursuant to this chapter or the amount recovered less attorney’s fees and costs. The duty of notice and payment pursuant to this subsection continues until the amount of the award has been repaid to the State of Nevada.

(Added to NRS by 1969, 1154; A 1975, 1294; 1981, 1671; 1989, 1732; 1991, 770; 2017, 130; 2019, 4150)

NRS 217.245 Acceptance of payment from Department for certain services provided to victim constitutes payment in full. Notwithstanding another provision of law, if a person who provides a service to a victim for which compensation is ordered pursuant to paragraph (a) of subsection 1 of NRS 217.200 accepts payment from the Department for such a service, the person shall be deemed to have agreed to the condition that:

1. Such payment by the Department constitutes payment in full for the service provided; and

2. The person may not collect or attempt to collect further payment from the victim or person on whose behalf the payment is made by the Department.

(Added to NRS by 1997, 787; A 2019, 4151)

NRS 217.250 Reports. The Department shall prepare and transmit biennially to the Legislature a report of its activities, including:

1. The amount of compensation awarded;

2. The number of applicants;

3. The number of applicants who were denied compensation; and

4. The average length of time taken to award compensation, from the date of receipt of the application to the date of the payment of compensation.

(Added to NRS by 1969, 1154; A 1971, 156; 1975, 1294; 1981, 1672; 1991, 771; 2017, 130)

NRS 217.260 Fund for the Compensation of Victims of Crime.

1. Money for payment of compensation as ordered by the Department and for payment of salaries and other expenses incurred by the Department pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the Fund for the Compensation of Victims of Crime, which is hereby created. Money in the Fund must be disbursed by the Department in the same manner as other claims against the State are paid and in accordance with the rules and regulations adopted pursuant to NRS 217.130. Such rules and regulations must include, without limitation, the requirements that:

(a) Claims be categorized as to their priority; and

(b) Claims categorized as the highest priority be paid, in whole or in part, before other claims.

2. The Department shall prepare quarterly estimates of:

(a) The revenue in the Fund which is available for the payment of compensation; and

(b) The anticipated expenses for the next quarter.

3. Money deposited in the Fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.

4. The interest and income earned on the money in the Fund for the Compensation of Victims of Crime, after deducting any applicable charges, must be credited to the Fund.

5. Any money remaining in the Fund for the Compensation of Victims of Crime at the end of each fiscal year does not revert to the State General Fund and must be carried over into the next fiscal year.

(Added to NRS by 1969, 1154; A 1977, 328; 1981, 1341, 1672; 1983, 819, 1136, 1959; 1985, 639, 2104, 2106; 1987, 2271; 1989, 246; 1991, 771; 1995, 954; 2011, 269, 926; 2017, 130; 2019, 4151)

NRS 217.270 Unlawful acts; penalty. Any person who knowingly obtains or attempts to obtain, or aids or abets any person to obtain, by means of a willfully false statement or representation or other fraudulent device, assistance to which the person is not entitled, or assistance greater than that to which the person is entitled pursuant to NRS 217.010 to 217.260, inclusive, is guilty of a gross misdemeanor.

(Added to NRS by 1975, 1788; A 1981, 1672)

ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

NRS 217.280 “Victim of sexual assault” defined. As used in NRS 217.280 to 217.350, inclusive, “victim of sexual assault” means a person who has been sexually assaulted as defined by NRS 200.366 or a person upon whom a sexual assault has been attempted.

(Added to NRS by 1975, 1291; A 1977, 1633; 1987, 498)

NRS 217.290 County to provide for counseling and medical treatment of victims. The board of county commissioners of each county shall provide by ordinance for the counseling and medical treatment of victims of sexual assault in accordance with the provisions of NRS 217.280 to 217.350, inclusive.

(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586)

NRS 217.300 Payment of cost of initial medical care of victim; payment of costs incurred by hospital for forensic medical examination of victim.

1. The county in whose jurisdiction a sexual assault is committed shall:

(a) Pay any costs incurred for medical care for any physical injuries resulting from the sexual assault which is provided to the victim not later than 72 hours after the victim first arrives for treatment.

(b) Pay any costs incurred by a hospital for the forensic medical examination of the victim.

2. Any costs incurred pursuant to subsection 1:

(a) Must not be charged directly to the victim of sexual assault.

(b) Must be charged to the county in whose jurisdiction the offense was committed.

3. The filing of a report with the appropriate law enforcement agency must not be a prerequisite to qualify for a forensic medical examination pursuant to this section.

4. The costs associated with a forensic medical examination must not be included in the costs for medical treatment pursuant to NRS 217.310.

5. As used in this section, “forensic medical examination” means an examination by a health care provider to obtain evidence from a victim of sexual assault.

(Added to NRS by 1975, 1291; A 1977, 1633; 1985, 2105; 2013, 486)

1. If any victim of sexual assault requires medical treatment for physical injuries as a result of the sexual assault, in addition to any initial emergency medical care provided, or if any victim or spouse of such a victim suffers emotional trauma as a result of the sexual assault, the victim or spouse may, upon submitting an affidavit as required by subsection 2, apply to the board of county commissioners in the county where the sexual assault occurred for treatment at county expense.

2. The board shall approve an application for treatment upon receiving an affidavit from the applicant declaring that:

(a) The applicant is a victim of sexual assault or spouse of such a victim;

(b) The sexual assault occurred in the county; and

(c) The victim requires medical treatment for physical injuries, or the victim or spouse has suffered emotional trauma, as a result of the sexual assault.

3. A victim who has suffered emotional trauma may select a relative or close friend to receive counseling with the victim if the counselor agrees that such companionship will be helpful to the victim. If the victim’s application for treatment is approved, counseling for the relative or friend must also be approved.

4. A victim must file a report with the appropriate law enforcement agency or submit to a forensic medical examination pursuant to NRS 217.300 as a prerequisite for the victim or any other person eligible to qualify for treatment under the provisions of this section.

5. Whenever costs are incurred by a hospital for treatment which has been approved by the board of county commissioners pursuant to this section for the victim of a sexual assault and any other person eligible for treatment, the costs of the treatment, not to exceed $1,000, must be charged to the county which authorized the treatment. Any remainder must be handled the same as other hospital costs.

(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586; 1985, 2105; 2013, 486)

NRS 217.320 Availability of medical and psychological treatment; limitation of cost.

1. Upon approval by the board of county commissioners as provided in NRS 217.310, medical treatment for the victim’s physical injuries or treatment in the form of psychological, psychiatric and marital counseling for the victim, the victim’s spouse and any other eligible person must be made available at a county hospital or other facility with which the board may contract for the purpose of providing such treatment.

2. Any costs for treatment provided pursuant to this section, not exceeding $1,000, shall be paid by the county which authorized the treatment.

(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587; 1985, 2106)

NRS 217.330 Certification by person providing counseling or psychological treatment required.

1. The board of county commissioners shall require the psychologist, psychiatrist or counselor treating a victim of sexual assault or the victim’s spouse for emotional trauma suffered as a result of the sexual assault to certify from time to time that the counseling relates to the sexual assault and that the victim or spouse still suffers from the effects of the emotional trauma which resulted from the sexual assault.

2. If the person providing the treatment fails to make the certification upon request by the board, the board may order the treatment terminated.

(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587)

NRS 217.340 Limitations on time for treatment. No order for treatment pursuant to NRS 217.310 and 217.320 may be made by the board of county commissioners unless:

1. The application for treatment is made within 60 days after the date of the sexual assault; or

2. The sexual assault was reported to the police within 3 days after its occurrence, or if the offense could not reasonably have been reported within that period, within 3 days after the time when a report could reasonably have been made.

(Added to NRS by 1975, 1292; A 1977, 1634; 1985, 2106)

NRS 217.350 Regulations prescribing procedures. In the performance of its functions under NRS 217.280 to 217.350, inclusive, the board of county commissioners may adopt, rescind and amend regulations prescribing the procedures to be followed in the filing of applications and for such other matters as the board deems appropriate.

(Added to NRS by 1975, 1292)

ASSISTANCE TO VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE

NRS 217.400 Definitions. As used in NRS 217.400 to 217.475, inclusive, unless the context otherwise requires:

1. “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

2. “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

3. “Domestic violence” means:

(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

(b) Any of the following acts committed by a person against a family or household member, a person with whom he or she had or is having a dating relationship or with whom he or she has a child in common, or upon his or her minor child or a minor child of that person:

(1) A battery.

(2) An assault.

(3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

(4) A sexual assault.

(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:

(I) Stalking.

(II) Arson.

(III) Trespassing.

(IV) Larceny.

(V) Destruction of private property.

(VI) Carrying a concealed weapon without a permit.

(6) False imprisonment.

(7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

4. “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

5. “Participant” means an adult, child or incapacitated person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

6. “Victim of domestic violence” includes the dependent children of the victim.

7. “Victim of human trafficking” means a person who is a victim of:

(a) Involuntary servitude as set forth in NRS 200.463 or 200.464.

(b) A violation of any provision of NRS 200.465.

(d) Sex trafficking in violation of any provision of NRS 201.300.

(e) A violation of NRS 201.320 or 201.395.

8. “Victim of sexual assault” and “victim of sexual violence” mean a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.

9. “Victim of stalking” means a person who is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.

(Added to NRS by 1981, 379; A 1983, 909; 1993, 551; 1995, 904; 1997, 1330, 1818, 3363; 1999, 669; 2001, 692; 2005, 95; 2013, 2437; 2019, 2636; 2021, 3254; 2023, 2909)

NRS 217.405 Payment of costs incurred by hospital for strangulation forensic medical examination.

1. The county in whose jurisdiction a domestic violence battery by strangulation is committed shall pay any costs incurred by a hospital for a strangulation forensic medical examination of the victim.

2. Any costs incurred pursuant to subsection 1:

(a) Must not be charged directly to the victim.

(b) Must be charged to the county in whose jurisdiction the offense was committed.

3. A county which pays costs related to a strangulation forensic medical examination pursuant to subsection 1 may, to the extent that money is available for that purpose from legislative appropriation, receive reimbursement from the State.

4. The filing of a report with the appropriate law enforcement agency must not be a prerequisite to qualify for a strangulation forensic medical examination pursuant to this section.

5. Nothing in this section shall be construed to prohibit the use of evidence obtained from a strangulation forensic medical examination during the investigation or prosecution of a person for domestic violence battery by strangulation.

6. As used in this section:

(a) “Domestic violence battery by strangulation” means a battery which constitutes domestic violence pursuant to NRS 33.018 that is committed by strangulation as described in NRS 200.481.

(b) “Strangulation forensic medical examination” means an examination conducted by a health care provider for the purpose of assessing the health care needs of a victim of a domestic violence battery by strangulation and coordinating the treatment of any injuries of the victim.

(Added to NRS by 2023, 2908)

NRS 217.420 Grants from Account for Aid for Victims of Domestic or Sexual Violence: Eligibility. To be eligible for a grant from the Account for Aid for Victims of Domestic or Sexual Violence, an applicant must:

1. Be a nonprofit corporation, incorporated or qualified in this state.

2. Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic or sexual violence.

3. Receive at least 15 percent of its money from sources other than the Federal Government, the State, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.

4. Provide its services:

(a) Exclusively for victims of domestic or sexual violence and only within this state if located in a county whose population is 100,000 or more; or

(b) Primarily for victims of domestic or sexual violence and only within this state if located in a county whose population is less than 100,000.

5. Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.

6. Provide its services without any discrimination on the basis of race, religion, color, age, sex, sexual orientation, gender identity or expression, marital status, national origin or ancestry.

7. Be able to provide:

(a) Except in counties whose population is less than 100,000 or if the organization provides services exclusively to victims of sexual violence, shelter to victims on any day, at any hour.

(b) A telephone service capable of receiving emergency calls on any day, at any hour.

(c) Except in counties whose population is less than 100,000 or if the organization provides services exclusively to victims of sexual violence, facilities where food can be stored and prepared.

(d) Counseling, or make referrals for counseling, for victims, partners of victims and family members of victims.

(e) Assistance to victims in obtaining legal, medical, psychological or vocational help.

(f) Education and training, including prevention programs, for members of the community on matters which relate to domestic and sexual violence.

(Added to NRS by 1981, 380; A 1983, 909; 1999, 118; 2017, 1067; 2021, 131, 3255)

NRS 217.440 Account for Aid for Victims of Domestic or Sexual Violence: Creation; administration; application for grant.

1. An Account for Aid for Victims of Domestic or Sexual Violence is hereby created in the State General Fund. The Account must be administered by the Administrator of the Division.

2. Any nonprofit organization in the State which is able to meet the requirements specified in NRS 217.420 may apply for a grant from the Account for Aid for Victims of Domestic or Sexual Violence.

3. An application for a grant must be received by the Division before April 1 preceding the fiscal year for which the grant is sought.

(Added to NRS by 1981, 381; A 1983, 910; 2021, 132, 3256)

NRS 217.445 Expenditure of grant must be approved by Division. No organization in a county whose population is less than 100,000 which receives a grant from the Account for Aid for Victims of Domestic or Sexual Violence may expend that money until its budget for using the money is approved by the Division.

(Added to NRS by 1983, 909)

NRS 217.450 Procedure for award of grants; formula.

1. The Commission on Behavioral Health shall advise the Administrator of the Division concerning the award of grants from the Account for Aid for Victims of Domestic or Sexual Violence.

2. The Administrator of the Division shall give priority to those applications for grants from the Account for Aid for Victims of Domestic or Sexual Violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The Administrator shall not approve the use of money from a grant to acquire any buildings.

3. The Administrator of the Division shall award grants to not more than:

(a) One applicant to provide services for victims of domestic violence and one applicant to provide services for victims of sexual violence in counties whose population is less than 100,000; and

(b) Two applicants to provide services for victims of domestic violence and two applicants to provide services for victims of sexual violence in counties whose population is 100,000 or more.

4. The Administrator of the Division has the final authority to approve or deny an application for a grant. The Administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

5. In determining the amount of money to be allocated for grants, the Administrator of the Division shall use the following formula:

(a) A basic allocation of $7,000 must be made for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

(b) Any additional revenue available in the Account must be allocated to grants, on a per capita basis, for all counties whose population is 20,000 or more.

(c) Seventy-five percent of the revenue allocated to each county must be allocated for grants for services for victims of domestic violence and 25 percent must be allocated for grants for services for victims of sexual violence.

(d) Money remaining in the Account after disbursement of grants does not revert and may be awarded in a subsequent year.

(Added to NRS by 1981, 381; A 1983, 911; 1985, 2275; 1989, 892, 1911; 1993, 551; 1999, 109, 119; 2001, 56, 1960; 2021, 132, 3256)

NRS 217.460 Reports from recipients of grants to Administrator of Division. Each organization which has received a grant for assistance to victims of domestic or sexual violence shall furnish quarterly and annual financial reports to the Administrator of the Division in a manner which the Administrator may prescribe.

(Added to NRS by 1981, 381; A 1983, 911; 2019, 1011; 2021, 3257)

NRS 217.462 Fictitious address for victim of domestic violence, human trafficking, sexual assault or stalking: Eligibility; application to Division; penalty for providing false information.

1. An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incapacitated person may apply to the Division to have a fictitious address designated by the Division serve as the address of the adult, child or incapacitated person.

2. An application for the issuance of a fictitious address must include:

(a) Specific evidence showing that the adult, child or incapacitated person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application;

(b) The address that is requested to be kept confidential;

(d) A question asking whether the person wishes to:

(1) Register to vote; or

(2) Change the address of his or her current registration;

(e) A designation of the Division as agent for the adult, child or incapacitated person for the purposes of:

(1) Service of process; and

(2) Receipt of mail;

(f) The signature of the applicant;

(g) The date on which the applicant signed the application; and

(h) Any other information required by the Division.

3. It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.

4. The Division shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incapacitated person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application.

5. The Division shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.

(Added to NRS by 1997, 1329; A 2001, 693; 2005, 96; 2013, 2438; 2015, 3077; 2017, 2459)

1. If the Division approves an application, the Division shall:

(a) Designate a fictitious address for the participant; and

(b) Forward mail that the Division receives for a participant to the participant.

2. Upon request of a participant, a governmental entity or provider of a utility service in this State to which the participant is required to provide an address shall allow the participant to use the fictitious address issued by the Division. A governmental entity or provider of a utility service who receives a request pursuant to this subsection shall not maintain a record of the confidential address of the participant, unless:

(a) The governmental entity or provider of a utility service is required to maintain the confidential address of the participant by federal, state or local law; or

(b) The provision of service by a provider of a utility service is impossible without maintaining the confidential address of the participant.

Ê If a governmental entity or provider of a utility service maintains a record of the confidential address of a participant pursuant to paragraph (a) or (b), the governmental entity or provider of a utility service must maintain and use the confidential address of the participant only to the extent as required by federal, state or local law or as necessary to provide a utility service.

3. The Division, governmental entity or provider of a utility service to which a participant provides a fictitious address pursuant to this section shall not make any records containing the name, telephone number, confidential address, fictitious address or image of the participant available for inspection or copying, unless:

(a) The address is requested by a law enforcement agency, in which case the Division shall make the address available to the law enforcement agency;

(b) The Division, governmental entity or provider of a utility service is directed to do so by lawful order of a court of competent jurisdiction, in which case the Division, governmental entity or provider of a utility service shall make the address available to the person identified in the order; or

4. If a pupil is attending or wishes to attend a public school that is located in a school district other than the school district in which the pupil resides as authorized by NRS 392.016, the Division shall, upon request of the public school that the pupil is attending or wishes to attend, inform the public school of whether the pupil is a participant and whether the parent or legal guardian with whom the pupil resides is a participant. The Division shall not provide any other information concerning the pupil or the parent or legal guardian of the pupil to the public school.

5. As used in this section, “governmental entity” means any:

(a) Institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of this State or of a political subdivision of this State; and

(b) Incorporated city, county, unincorporated town, township, school district or other public district or agency designed to perform local governmental functions.

(Added to NRS by 1997, 1330; A 2001, 694; 2005, 97; 2015, 3078; 2017, 2459, 3112; 2019, 1800)

NRS 217.466 Fictitious address for victim of domestic violence, sexual assault or stalking: Form for participant to register to vote or change address of registration. If a participant indicates to the Division that the participant wishes to register to vote or change the address of his or her current registration, the Division shall furnish the participant with the form developed by the Secretary of State pursuant to the provisions of NRS 293.5002.

(Added to NRS by 1997, 1330; A 2015, 3078; 2017, 2460)

NRS 217.468 Fictitious address for victim of domestic violence, human trafficking, sexual assault or stalking: Cancellation.

1. Except as otherwise provided in subsections 2 and 3, the Division shall cancel the fictitious address of a participant 4 years after the date on which the Division approved the application.

2. The Division shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the Division that the participant remains in imminent danger of becoming a victim of domestic violence, human trafficking, sexual assault or stalking.

3. The Division may cancel the fictitious address of a participant at any time if:

(a) The participant changes his or her confidential address from the one listed in the application and fails to notify the Division within 48 hours after the change of address;

(b) The Division determines that false or incorrect information was knowingly provided in the application; or

(Added to NRS by 1997, 1330; A 2001, 694; 2005, 98; 2007, 1186; 2013, 2438; 2015, 3078; 2017, 2460; 2019, 3408)

NRS 217.471 Fictitious address for victim of domestic violence, sexual assault or stalking: Adoption of procedures by Division. The Division shall adopt procedures to carry out the provisions of NRS 217.462 to 217.471, inclusive.

(Added to NRS by 1997, 1330; A 2015, 3079; 2017, 2460)

NRS 217.475 Team to review death of victim of domestic violence.

1. A court or an agency of a local government may organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

2. If a multidisciplinary team is organized or sponsored pursuant to subsection 1, the court or agency shall review the death of a victim upon receiving a written request from a person related to the victim within the third degree of consanguinity, if the request is received by the court or agency within 1 year after the date of death of the victim.

3. Members of a team that is organized or sponsored pursuant to subsection 1 serve at the pleasure of the court or agency that organizes or sponsors the team and must include, without limitation, representatives of organizations concerned with law enforcement, issues related to physical or mental health, or the prevention of domestic violence and assistance to victims of domestic violence.

4. Each organization represented on such a team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

5. A team organized or sponsored pursuant to this section may, upon request, provide a report concerning its review to a person related to the victim within the third degree of consanguinity.

6. Before establishing a team to review the death of a victim pursuant to this section, a court or an agency shall adopt a written protocol describing its objectives and the structure of the team.

7. A team organized or sponsored pursuant to this section may request any person, agency or organization that is in possession of information or records concerning the victim who is the subject of the review or any person who was in contact with the victim to provide the team with any information or records that are relevant to the team’s review. Any information or records provided to a team pursuant to this subsection are confidential.

8. A team organized or sponsored pursuant to this section may, if appropriate, meet with any person, agency or organization that the team believes may have information relevant to the review conducted by the team, including, without limitation:

(a) A multidisciplinary team to review the death of a child organized pursuant to NRS 432B.405;

(b) A multidisciplinary team to oversee the review of the death of a child organized pursuant to NRS 432B.4075; or

9. Except as otherwise provided in subsection 10, each member of a team organized or sponsored pursuant to this section is immune from civil or criminal liability for an activity related to the review of the death of a victim.

10. Each member of a team organized or sponsored pursuant to this section who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

11. The Attorney General:

(a) May bring an action to recover a civil penalty imposed pursuant to subsection 10 against a member of a team organized or sponsored pursuant to this section; and

(b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

12. The results of the review of the death of a victim pursuant to this section are not admissible in any civil action or proceeding.

(Added to NRS by 1997, 3363; A 2011, 736; 2017, 2460)

ASSISTANCE TO VICTIMS OF SEXUAL ABUSE

NRS 217.480 County to provide for counseling of victims and certain relatives upon request.

1. The board of county commissioners of each county shall provide by ordinance for the counseling of victims of sexual abuse and any relatives living with the victims. A relative is not eligible to receive counseling if the relative committed the sexual abuse for which counseling is sought. The counseling may be provided only upon request by the victim or eligible relative.

2. As used in this section, “sexual abuse” has the meaning ascribed to it in NRS 432B.100.

(Added to NRS by 1985, 2099)

CONTINGENCY ACCOUNT FOR VICTIMS OF HUMAN TRAFFICKING

NRS 217.500 Definitions. As used in NRS 217.500 to 217.545, inclusive, unless the context otherwise requires, the words and terms defined in NRS 217.510 and 217.520 have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 2441; A 2023, 2688)

NRS 217.510 “Account” defined. “Account” means the Account for Victims of Human Trafficking created by NRS 217.530.

(Added to NRS by 2013, 2441; A 2023, 2688)

NRS 217.520 “Victim of human trafficking” defined. “Victim of human trafficking” means a person who is a victim of:

1. Involuntary servitude as set forth in NRS 200.463 or 200.464.

2. A violation of any provision of NRS 200.465.

3. Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

4. Pandering in violation of any provision of NRS 201.300.

5. A violation of NRS 201.320 or 201.395.

(Added to NRS by 2013, 2441; A 2019, 2637)

NRS 217.530 Creation; administration; use; limitations.

1. The Account for Victims of Human Trafficking is hereby created in the State General Fund.

2. The Director of the Department of Health and Human Services shall administer the Account. The money in the Account:

(a) Must be expended only for the purposes of:

(1) Establishing or providing programs or services to victims of human trafficking; and

(2) Fundraising for the direct benefit of the Account. The total amount of money expended pursuant to this subparagraph in any fiscal year must not exceed $10,000 or 10 percent of the amount of money in the Account at the beginning of that fiscal year, whichever is less.

(b) Is hereby authorized for expenditure as a continuing appropriation for these purposes.

3. The Director may apply for and accept gifts, grants and donations or other sources of money for deposit in the Account.

4. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

5. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

(Added to NRS by 2013, 2441; A 2015, 1002; 2023, 2688)

NRS 217.540 Procedure for applying for allocation from Account; Director authorized to place conditions on acceptance of allocation; use of allocated money.

1. A nonprofit organization or any agency or political subdivision of this State may apply to the Director of the Department of Health and Human Services for an allocation of money from the Account.

2. The Grants Management Advisory Committee created by NRS 232.383 shall review applications received by the Director pursuant to subsection 1 and make recommendations to the Director concerning allocations of money from the Account to applicants.

3. The Director may make allocations of money from the Account to applicants and may place such conditions on the acceptance of such an allocation as the Director determines are necessary, including, without limitation, requiring the recipient of an allocation to submit periodic reports concerning the recipient’s use of the allocation.

4. The recipient of an allocation of money from the Account may use the money only for the purposes of establishing or providing programs or services to victims of human trafficking, including, without limitation, establishing pilot programs for alternatives to law enforcement response to victims of human trafficking.

(Added to NRS by 2013, 2441; A 2015, 1003; 2023, 2688)

NRS 217.545 Submission of certain information concerning human trafficking to Center for the Analysis of Crime Statistics.

1. On or before July 1 of each even-numbered year, each entity designated pursuant to subsection 3 shall, except as otherwise provided in subsection 2, submit to the Center for the Analysis of Crime Statistics established by NRS 396.792:

(a) The annual operating budget of the entity;

(b) A copy of any written policy adopted by the entity concerning:

(1) The manner in which the entity determines whether a person is a victim of human trafficking;

(2) Referrals to resources for victims of human trafficking; and

(3) The detention or citation of victims of human trafficking;

(c) Information concerning the delivery of services for victims of human trafficking, which must include, without limitation:

(1) A description of the services that were provided by the entity during the immediately preceding biennium;

(2) A description of the efforts made by the entity during the immediately preceding biennium to locate victims in need of such services and provide such services to those victims;

(3) The number of victims served by the entity during the immediately preceding biennium; and

(4) The number of victims who were:

(I) Served by the entity during the immediately preceding biennium; and

(II) Arrested or issued a citation during the immediately preceding biennium for conduct related to human trafficking;

(d) The age, gender and race of each:

(1) Victim of human trafficking to whom the entity provided services during the immediately preceding biennium; and

(2) Person alleged to have committed the crime of human trafficking against a victim described in subparagraph (1);

(e) The zip code of:

(1) The residence of each person described in paragraph (d);

(2) The location at which any arrest relating to a person described in paragraph (d) occurred; and

(f) Policy recommendations for decreasing human trafficking in this State.

2. The requirements prescribed by subsection 1 do not apply to any written policy, the disclosure of which would, in the determination of the adopting entity, compromise, jeopardize or otherwise threaten the safety or privacy of victims of human trafficking.

3. The following entities shall submit the information required by subsection 1 to the Center:

(a) The State of Nevada Human Trafficking Coalition;

(b) The Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children;

(d) Each local human trafficking task force;

(e) Each recipient of an allocation of money from the Account; and

(f) Any other entity designated by the Chair of the Joint Interim Standing Committee on the Judiciary on or before January 1 of an even-numbered year.

4. On or before July 1 of each even-numbered year, each law enforcement agency in this State shall submit to the Center the number of arrests made or citations issued by the agency for a violation of NRS 201.353 or 201.354 or conduct related to human trafficking during the immediately preceding biennium and the disposition of those cases.

5. On or before July 1 of each odd-numbered year, the Center shall:

(a) Compile the information submitted pursuant to subsections 1 and 4 and prepare a comprehensive report concerning human trafficking in this State; and

(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary.

6. As used in this section:

(a) “Local human trafficking task force” includes, without limitation:

(1) The Northern Nevada Human Trafficking Task Force, or its successor organization; and

(2) The Southern Nevada Human Trafficking Task Force, or its successor organization.

(b) “Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children” means the Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children established by the Governor pursuant to Executive Order 2016-14, issued on May 31, 2016.

(c) “State of Nevada Human Trafficking Coalition” means the State of Nevada Human Trafficking Coalition formed pursuant to NRS 217.098.

(Added to NRS by 2023, 2685)

CERTIFICATION FOR VICTIMS SEEKING TEMPORARY FEDERAL IMMIGRATION BENEFITS

NRS 217.550 Definitions. As used in NRS 217.550 to 217.590, inclusive, unless the context otherwise requires, the words and terms defined in NRS 217.555 to 217.575, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 4350)

NRS 217.555 “Certification” defined. “Certification” means the certification of a Form I-918, Supplement B, U Nonimmigrant Status Certification, as required by 8 U.S.C. § 1184(p) regarding a Form I-918, Petition for U Nonimmigrant Status by a certifying agency.

(Added to NRS by 2019, 4350)

NRS 217.560 “Certifying agency” defined. “Certifying agency” means:

1. A state or local law enforcement agency;

2. A prosecutor;

3. A judge; or

4. Any other governmental agency that has criminal, civil or administrative investigative or prosecutorial authority.

(Added to NRS by 2019, 4350)

NRS 217.565 “Certifying official” defined. “Certifying official” means:

1. The head of a certifying agency; or

2. A person who has been designated by the head of a certifying agency to complete a certification.

(Added to NRS by 2019, 4350)

NRS 217.570 “Criminal activity” defined. “Criminal activity” means an offense for which the elements are substantially similar to an offense described in 8 U.S.C. § 1101(a)(15)(U)(iii) or the attempt, solicitation or conspiracy to commit such an offense.

(Added to NRS by 2019, 4350)

NRS 217.575 “Petitioner” defined. “Petitioner” means a person who requests a certification.

(Added to NRS by 2019, 4350)

NRS 217.580 Considerations for determination whether to provide certification to petitioner; content of certification.

1. Upon the request of a petitioner for a certification, a certifying agency shall determine whether the petitioner:

(a) Was the victim of criminal activity; and

(b) Has been helpful, is being helpful or is likely to be helpful to the investigation or prosecution of the criminal activity.

2. If a certifying agency determines that a petitioner satisfies the requirements of subsection 1, the certifying official shall complete and sign the certification. A completed certification must include, without limitation, a detailed description of:

(a) The nature of the criminal activity described in subsection 1; and

(b) The helpfulness of a petitioner or the likeliness that a petitioner will be helpful in the investigation or prosecution of that criminal activity.

3. For the purpose of determining whether the petitioner meets the requirements of subsection 1, the certifying agency shall not consider:

(a) The period of time between when the petitioner was victimized by the criminal activity and when the petitioner submitted his or her request for certification;

(b) Whether there is an active investigation of the criminal activity;

(d) Whether there was a prosecution or conviction of the criminal activity.

4. For the purpose of determining helpfulness pursuant to subsection 1, there is a rebuttable presumption that a petitioner has been helpful, is being helpful or is likely to be helpful to the investigation or prosecution of the criminal activity, unless the petitioner refused or failed to provide assistance that was reasonably requested by a law enforcement agency in the investigation or prosecution of that criminal activity.

(Added to NRS by 2019, 4350)

NRS 217.585 Time for processing of request for certification. A certifying agency shall process a request for a certification within 90 days after the date of the request pursuant to NRS 217.580, unless the petitioner is 20 years of age or a party to a federal immigration proceeding for his or her removal, in which case the certifying agency shall process the certification within 14 days after the date of the request.

(Added to NRS by 2019, 4351)

NRS 217.590 Prohibited actions by certifying agency; certifying agency to develop protocol to assist certain petitioners; report to Legislature regarding certifications.

1. A certifying agency shall not:

(a) Disclose the immigration status of a petitioner unless such a disclosure is mandated by federal law or court order or the petitioner consents, in writing, to such a disclosure.

(b) Withdraw a certification unless the petitioner refuses to provide assistance that was reasonably requested by a law enforcement agency in the investigation or prosecution of the criminal activity described in NRS 217.580.

2. A certifying agency shall develop a protocol to assist petitioners:

(a) Who have a limited proficiency in the English language.

(b) Who are deaf, hard of hearing or speech impaired.

3. On or before January 1 of each year, each certifying agency that receives a request for a certification pursuant to NRS 217.580 shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth:

(a) The number of such requests received by the certifying agency;

(b) The number of certifications completed by the certifying agency;

(d) For each denial of a certification by the certifying agency, the reasons for that denial.

4. Nothing in this section shall be construed to relieve any obligation placed upon a prosecuting attorney or law enforcement official by the Nevada Constitution or the United States Constitution to disclose exculpatory evidence to a defendant.

(Added to NRS by 2019, 4351)