S.B. 7
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SENATE BILL NO. 7–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE DIVISION OF PAROLE AND PROBATION
OF THE DEPARTMENT OF PUBLIC SAFETY)
PREFILED OCTOBER 29, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to presentence
investigations and reports. (BDR 14-247)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to criminal procedure; reorganizing certain
provisions related to presentence investigations and
reports; revising requirements relating to a presentence
investigation and report that must include a psychosexual
evaluation of the defendant; clarifying certain
requirements governing the submission of a presentence
investigation and report and the disclosure of the factual
contents of any such report; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Division of Parole and Probation of the Department of 1
Public Safety to make a presentence investigation and report to the court on certain 2
defendants. (NRS 176.135) Under existing law, the Chief Parole and Probation 3
Officer must submit any such report to the court not later than 45 days after 4
receiving a request for a presentence investigation from the county clerk. (NRS 5
176A.100) Sections 1 and 3 of this bill reorganize this requirement. 6
Existing law requires the Division to: (1) include a psychosexual evaluation as 7
part of a presentence investigation and report under certain circumstances; and (2) 8
arrange for a psychosexual evaluation of each defendant to whom this requirement 9
applies. (NRS 176.135, 176.139) Existing law requires a person who conducts a 10
psychosexual evaluation of a defendant to provide a copy of the written report of 11
the results of the evaluation to the Division. (NRS 176.139) If the Division has not 12
received a copy of the written report of the results of the evaluation within 45 days 13
after receiving the request for a presentence investigation from the county clerk, 14
section 1 provides that the Chief Parole and Probation Officer is not required to 15
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submit the presentence investigation and report to the court until 3 days after the 16
date on which the Division receives a copy of the written report. 17
In general, existing law requires the Division to disclose the factual content of 18
the report of any presentence investigation made by the Division to the prosecuting 19
attorney, the counsel for the defendant, the defendant and the court not later than 14 20
calendar days before the defendant who is the subject of the report will be 21
sentenced. (NRS 176.153) Sections 1 and 2 of this bill clarify that this 14-day 22
period is separate from, independent of and in addition to the 45-day period within 23
which existing law requires the Chief Parole and Probation Officer to submit the 24
report of any presentence investigation made by the Division to the court. 25
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.135 is hereby amended to read as follows: 1
176.135 1. Except as otherwise provided in this section and 2
NRS 176.151, the Division shall make a presentence investigation 3
and report to the court on each defendant who pleads guilty, guilty 4
but mentally ill or nolo contendere to, or is found guilty or guilty but 5
mentally ill of, a felony. 6
2. If a defendant is convicted of a felony that is a sexual 7
offense, the presentence investigation and report: 8
(a) Must be made before the imposition of sentence or the 9
granting of probation; and 10
(b) If the sexual offense is an offense for which the suspension 11
of sentence or the granting of probation is permitted, must include a 12
psychosexual evaluation of the defendant. 13
3. Except as otherwise provided in subsection 5, if a defendant 14
is convicted of a felony other than a sexual offense, the presentence 15
investigation and report must be made before the imposition of 16
sentence or the granting of probation unless: 17
(a) A sentence is fixed by a jury; or 18
(b) Such an investigation and report on the defendant has been 19
made by the Division within the 5 years immediately preceding the 20
date initially set for sentencing on the most recent offense. 21
4. Upon request of the court, the Division shall make 22
presentence investigations and reports on defendants who plead 23
guilty, guilty but mentally ill or nolo contendere to, or are found 24
guilty or guilty but mentally ill of, gross misdemeanors. 25
5. If a defendant is convicted of a felony other than a sexual 26
offense or of a gross misdemeanor and the conviction is of an 27
offense for which the suspension of sentence or the granting of 28
probation is permitted, the Division shall, before the imposition of 29
sentence or the granting of probation, make a presentence 30
investigation and report to the court that includes a psychosexual 31
evaluation of the defendant if the defendant and the prosecuting 32
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attorney submit to the court a joint request for a presentence 1
investigation and report that includes a psychosexual evaluation of 2
the defendant. The provisions of this subsection apply only to a 3
conviction where the original charge in the complaint, information 4
or indictment was for a sexual offense, as defined in NRS 176.133 5
or 179D.097. 6
6. Each court in which a report of a presentence investigation 7
can be made must ensure that each judge of the court receives 8
training concerning the manner in which to use the information 9
included in a report of a presentence investigation for the purpose of 10
imposing a sentence. Such training must include, without limitation, 11
education concerning behavioral health needs and intellectual or 12
developmental disabilities. 13
7. Except as otherwise provided in this subsection, the Chief 14
Parole and Probation Officer shall submit a presentence 15
investigation and report required pursuant to this section to the 16
court not later than 45 days after receiving the request for a 17
presentence investigation from the county clerk. If the Division 18
has not received a copy of the written report of the results of a 19
psychosexual evaluation required by NRS 176.139 within the 45-20
day period, the Chief Parole and Probation Officer is not required 21
to submit the presentence investigation and report until 3 days 22
after the date on which the Division receives a copy of the written 23
report. 24
8. The period specified in subsection 7 is separate from, 25
independent of and in addition to the minimum period specified in 26
NRS 176.153. 27
Sec. 2. NRS 176.153 is hereby amended to read as follows: 28
176.153 1. Except as otherwise provided in subsection 3, the 29
Division shall disclose to the prosecuting attorney, the counsel for 30
the defendant, the defendant and the court, not later than 14 calendar 31
days before the defendant will be sentenced, the factual content of 32
the report of any presentence investigation made pursuant to 33
NRS 176.135. 34
2. In addition to the disclosure requirements set forth in 35
subsection 1, if the Division includes in the report of any 36
presentence investigation made pursuant to NRS 176.135 any 37
information relating to the defendant being affiliated with or a 38
member of a criminal gang and the Division reasonably believes 39
such information is disputed by the defendant, the Division shall 40
provide with the information disclosed pursuant to subsection 1 41
copies of all documentation relied upon by the Division as a basis 42
for including such information in the report, including, without 43
limitation, any field interview cards. 44
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3. The defendant may waive the minimum period required by 1
subsection 1. 2
4. The minimum period required by subsection 1 is separate 3
from, independent of and in addition to the period specified in 4
subsection 7 of NRS 176.135. 5
5. As used in this section, “criminal gang” has the meaning 6
ascribed to it in NRS 193.168. 7
Sec. 3. NRS 176A.100 is hereby amended to read as follows: 8
176A.100 1. Except as otherwise provided in this section and 9
NRS 176A.110 and 176A.120, if a person is found guilty in a 10
district court upon verdict or plea of: 11
(a) Murder of the first or second degree, kidnapping in the first 12
degree, sexual assault, attempted sexual assault of a child who is 13
less than 16 years of age, lewdness with a child pursuant to NRS 14
201.230, an offense for which the suspension of sentence or the 15
granting of probation is expressly forbidden, or if the person is 16
found to be a habitual criminal pursuant to NRS 207.010, a 17
habitually fraudulent felon pursuant to NRS 207.014 or a habitual 18
felon pursuant to NRS 207.012, the court shall not suspend the 19
execution of the sentence imposed or grant probation to the person. 20
(b) A category E felony, except as otherwise provided in this 21
paragraph, the court shall suspend the execution of the sentence 22
imposed and grant probation to the person. The court may, as it 23
deems advisable, decide not to suspend the execution of the 24
sentence imposed and grant probation to the person if, at the time of 25
sentencing, it is established that the person had previously been two 26
times convicted, whether in this State or elsewhere, of a crime that 27
under the laws of the situs of the crime or of this State would 28
amount to a felony. If the person denies the existence of a previous 29
conviction, the court shall determine the issue of the previous 30
conviction after hearing all relevant evidence presented on the issue 31
by the prosecution and the person. At such a hearing, the person 32
may not challenge the validity of a previous conviction. For the 33
purposes of this paragraph, a certified copy of a felony conviction is 34
prima facie evidence of conviction of a prior felony. 35
(c) Another felony, a gross misdemeanor or a misdemeanor, the 36
court may suspend the execution of the sentence imposed and grant 37
probation as the court deems advisable. 38
2. In determining whether to grant probation to a person, the 39
court shall not consider whether the person has the financial ability 40
to participate in a program of probation secured by a surety bond 41
established pursuant to NRS 176A.300 to 176A.370, inclusive. 42
3. If the court determines that a person is otherwise eligible for 43
probation but requires more supervision than would normally be 44
provided to a person granted probation, the court may, in lieu of 45
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sentencing the person to a term of imprisonment, grant probation 1
pursuant to the Program of Enhanced Supervision established 2
pursuant to NRS 176A.440. 3
4. Except as otherwise provided in this subsection, if a person 4
is convicted of a felony and the Division is required to make a 5
presentence investigation and report to the court pursuant to NRS 6
176.135, the court shall not grant probation to the person until the 7
court receives the report of the presentence investigation from the 8
Chief Parole and Probation Officer. [The Chief Parole and Probation 9
Officer shall submit the report of the presentence investigation to 10
the court not later than 45 days after receiving a request for a 11
presentence investigation from the county clerk.] If the report of the 12
presentence investigation is not submitted by the Chief Parole and 13
Probation Officer within [45 days,] the period specified in 14
subsection 7 of NRS 176.135, the court may grant probation 15
without the report. 16
5. If the court determines that a person is otherwise eligible for 17
probation, the court shall, when determining the conditions of that 18
probation, consider the imposition of such conditions as would 19
facilitate timely payments by the person of an obligation, if any, for 20
the support of a child and the payment of any such obligation which 21
is in arrears. 22
Sec. 4. The amendatory provisions of this act apply to any 23
request for a presentence investigation received by the Division of 24
Parole and Probation of the Department of Public Safety from a 25
county clerk in this State on or after July 1, 2025. 26
Sec. 5. This act becomes effective on July 1, 2025. 27
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