Assembly Bill No. 79

Assembly Bill No. 79-Committee on Judiciary

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AN ACT relating to presentence investigations; requiring the division of parole and probation of the department of motor vehicles and public safety to disclose the content of the report of the presentence investigation to a law enforcement agency, the mental hygiene and mental retardation division of the department of human services and the state gaming control board for certain purposes; and providing other matters properly relating thereto.

[Approved April 14, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 176.156 is hereby amended to read as follows:
176.156 1. The [court] division shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.
2. [If the Immigration and Naturalization Service of the United States Department of Justice requests the disclosure of a report of a presentence investigation, the court] Unless otherwise ordered by a court, upon request, the division shall disclose the [factual content of the report to the Immigration and Naturalization Service] content of a report of a presentence investigation to the law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing [its] their duties, including, but not limited to, conducting hearings that are public in nature . [for the deportation of aliens.]
3. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the mental hygiene and mental retardation division of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill,
to provide any report or information to the division of parole and probation of the department of motor vehicles and public safety.
4. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 [and 2,] to 4, inclusive, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. This act becomes effective upon passage and approval.
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