SUMMARY--Revises provisions governing transmittal of report of presentence investigation to department of prisons. (BDR 14-429)
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 criminal procedure; revising provisions governing the transmittal of the report of a presentence investigation to the department of prisons; 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 176.107 is hereby amended to read as follows:
176.107 [Whenever]
1. Except as otherwise provided in subsection 2, when a court imposes a sentence of imprisonment in the state prison [is imposed, immediately after the rendition of judgment, the district attorney who prosecuted the cause shall transmit] or revokes a program of probation and orders a sentence of imprisonment to the state prison to be executed, the court shall cause a copy of the report of the presentence investigation to be delivered to the director of the department of prisons [a written statement of facts surrounding the commission of the offense, upon forms furnished by the director.] , if such a report was made. The report must be delivered when the judgment of imprisonment is delivered pursuant to NRS 176.335.
2. If a report of the presentence investigation was not required because of the exception provided in paragraph (b) of subsection 1 of NRS 176.135, the court shall cause a copy of the previous report of the presentence investigation to be delivered to the director of the department of prisons in the manner provided pursuant to subsection 1.
Sec. 2 NRS 176.195 is hereby amended to read as follows:
176.195 [1.] The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such an investigation may include a physical and mental examination of the defendant. The expense of any such examination [shall] must be paid by the county in which the indictment was found or the information filed.
[2. If a defendant is committed to any institution, the parole and probation officer shall send a report of such investigation to the institution at the time of commitment.]
Sec. 3 NRS 176.335 is hereby amended to read as follows:
176.335 1. If the judgment is for imprisonment in the state prison, the sheriff of the county [must,] shall, on receipt of the triplicate certified copies thereof, immediately notify the director of the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to [such] the authorized person two of the certified copies of the judgment [,] and a copy of the report of the presentence investigation if required pursuant to NRS 176.107, and take from [such] the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of [such] the judgment, showing his proceedings thereunder, and both [such] that copy with the return affixed thereto and the receipt from the authorized person [shall] must be filed with the county clerk.
3. The term of imprisonment designated in the judgment [shall] must begin on the date of sentence of the prisoner by the court.
4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy [shall] must be filed with the county clerk. The return [shall] must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.
Sec. 4 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.