SUMMARY--Revises various provisions of Uniform Criminal Extradition Act. (BDR 14-617)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to extradition; providing for the payment of the expense of returning a prisoner to another state under certain circumstances; requiring the transmittal of a waiver of extradition to the attorney general instead of the governor; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 179.225 is hereby amended to read as follows:
179.225 1. If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the office of the attorney general for that purpose, upon approval by the state board of examiners. After the appropriation is exhausted the expenses must be paid from the reserve for statutory contingency account upon approval by the state board of examiners. In all other cases they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:
(a) If the prisoner is returned to this state from another state, the fees paid to the officers of the state on whose governor the requisition is made; [or]
(b) If the prisoner is returned to this state from a foreign country or jurisdiction, the fees paid to the officers and agents of this state or the United States [,] ; or
(c) If the prisoner is temporarily returned for prosecution to this state from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this state,
and the necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.
2. If a person is returned to this state pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty, guilty but mentally ill or no contest to the criminal charge for which he was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine his ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:
(a) Child support;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62.223, 176.059 and 176.062.
3. If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the attorney general or other governmental entity in returning him to this state. The court shall not order the person to make restitution if payment of restitution will prevent him from paying any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of his sentence.
4. The attorney general may adopt regulations to carry out the provisions of this section.
Sec. 2. NRS 179.229 is hereby amended to read as follows:
179.229 1. Except as otherwise provided in subsection 3, [any] a person arrested in this state who is charged with having committed [any] a crime in another state or who is alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in NRS 179.191 and 179.193 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of [any] a court of record within this state a writing which states that he consents to return to the demanding state. Before [such a] the waiver is executed or subscribed , the judge shall inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in NRS 179.197.
2. An executed waiver must be forwarded [forthwith] immediately to the office of the [governor] attorney general of this state and filed therein. The judge shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having the person in custody to deliver him [forthwith] immediately to an accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the waiver.
3. A law enforcement agency which has custody of a person in this state who is alleged to have broken the terms of his probation, parole, bail or other release shall, after the resolution of all criminal charges filed in this state against that person, immediately deliver that person to the accredited agent of the demanding state without a warrant issued pursuant to NRS 179.191 and 179.193 if:
(a) The person has signed a waiver of extradition as a condition of his probation, parole, bail or other release in the demanding state; and
(b) The law enforcement agency has received:
(1) An authenticated copy of the waiver of extradition signed by the person; and
(2) A photograph and copy of the fingerprints of the person [which] that identify him as the person who signed the waiver.
4. This section does not limit:
(a) The right of the accused person to return voluntarily and without formality to the demanding state;
(b) The powers, rights or duties of the officers of the demanding state or of this state; or
(c) [Any other] Other procedures concerning the waiver of extradition.