Senate Bill No. 406

Senate Bill No. 406-Committee on Judiciary

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AN ACT relating to the criminal justice system; requiring the attorney general, a prosecuting attorney and an agency of criminal justice in this state to respond promptly to a request from the department of prisons for information regarding pending charges against an offender; making various other changes concerning the procedure for requesting that an offender be released to an agency of criminal justice upon release from the custody of the department of prisons; and providing other matters properly relating thereto.

[Approved July 3, 1997]

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

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Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the attorney general, a prosecuting attorney or an agency of criminal justice in this state receives a request from the department of prisons, it shall respond in writing within 14 working days setting forth any charges that are pending against the offender.
2. If the attorney general, a prosecuting attorney or an agency of criminal justice indicates in its response pursuant to subsection 1 that felony charges are pending against an offender, it shall, or if misdemeanor charges are pending against an offender, it may, request in the response that upon release of the offender from the custody of the department of prisons, the department release the offender to an agency of criminal justice in this state that is authorized to detain a person pending prosecution. The attorney general, a prosecuting attorney or an agency of criminal justice may submit such a request to the department of prisons at any other time, if charges are filed against an offender.
3. If an offender is convicted, acquitted or the charges against him are dropped after a request was submitted pursuant to this section, the attorney general, prosecuting attorney or agency of criminal justice who submitted the request shall withdraw the request by providing a certified copy of the judgment to the department of prisons if the offender was convicted or acquitted, or by providing proof to the department that the charges were dropped.
4. The attorney general, a prosecuting attorney or an agency of criminal justice shall notify the department of prisons upon receipt of a detainer against an inmate from another jurisdiction who is transferred to the custody of the department of prisons.
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.
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