NRS 176.135 Presentence investigation and report: When required; time for completing; training; effect of failure to submit report before sentencing hearing.

542 words·~2 min read·/nv/chapter-176-judgment-and-execution/176-135

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1. Except as otherwise provided in this section and NRS 176.151 , the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony unless:

(a)The defendant and the prosecuting attorney stipulate to waive the requirement; and

(b)The court approves the stipulation.

2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:

(a)Must be made before the imposition of sentence or the granting of probation; and

(b)If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.

3. Except as otherwise provided in subsection 5, if a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:

(a)A sentence is fixed by a jury; or

(b)Such an investigation and report on the defendant has been made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

4. Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to, or are found guilty or guilty but mentally ill of, gross misdemeanors.

5. If a defendant is convicted of a felony other than a sexual offense or of a gross misdemeanor and the conviction is of an offense for which the suspension of sentence or the granting of probation is permitted, the Division shall, before the imposition of sentence or the granting of probation, make a presentence investigation and report to the court that includes a psychosexual evaluation of the defendant if the defendant and the prosecuting attorney submit to the court a joint request for a presentence investigation and report that includes a psychosexual evaluation of the defendant.

The provisions of this subsection apply only to a conviction where the original charge in the complaint, information or indictment was for a sexual offense, as defined in NRS 176.133 or 179D.097 .

6. Each court in which a report of a presentence investigation can be made must ensure that each judge of the court receives training concerning the manner in which to use the information included in a report of a presentence investigation for the purpose of imposing a sentence. Such training must include, without limitation, education concerning behavioral health needs and intellectual or developmental disabilities.

7. If the Division does not receive the written report of the results of a psychosexual evaluation required by NRS 176.139 at least 3 days before the sentencing hearing, a failure by the Chief Parole and Probation Officer to submit the presentence investigation and report before the sentencing hearing does not constitute an act or omission that may serve as the basis for an order of contempt pursuant to NRS 22.010 or 199.340 .