(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT 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; authorizing a court to
waive the requirement that the Division of Parole and
Probation of the Department of Public Safety make a
presentence investigation and report under certain
circumstances; providing that a failure by the Chief Parole
and Probation Officer to submit a presentence
investigation and report before a sentencing hearing is not
grounds for an order of contempt under certain
circumstances; revising requirements relating to the
disclosure of a presentence investigation and report to a
defendant; 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) Section 1 of this bill authorizes the court to waive this 3
requirement if the defendant and the prosecuting attorney stipulate to waive the 4
requirement and the court approves the stipulation. Section 3 of this bill makes a 5
conforming change to clarify that if the court waives the requirement, the court may 6
grant probation without receiving the presentence investigation and report. 7
Existing law requires the Division to: (1) include a psychosexual evaluation as 8
part of a presentence investigation and report under certain circumstances; and (2) 9
arrange for a psychosexual evaluation of each defendant to whom this requirement 10
applies. (NRS 176.135, 176.139) Existing law requires a person who conducts a 11
psychosexual evaluation of a defendant to provide a copy of the written report of 12
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the results of the evaluation to the Division. (NRS 176.139) Section 1 provides that 13
if the Division does not receive a copy of the written report of the results of the 14
evaluation at least 3 days before the sentencing hearing, a failure by the Chief 15
Parole and Probation Officer to submit the presentence investigation and report 16
before the sentencing hearing is not grounds for an order of contempt. 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) Section 2 of this bill reduces that period to 7 calendar 22
days. 23
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 [.] unless: 6
(a) The defendant and the prosecuting attorney stipulate to 7
waive the requirement; and 8
(b) The court approves the stipulation. 9
2. If a defendant is convicted of a felony that is a sexual 10
offense, the presentence investigation and report: 11
(a) Must be made before the imposition of sentence or the 12
granting of probation; and 13
(b) If the sexual offense is an offense for which the suspension 14
of sentence or the granting of probation is permitted, must include a 15
psychosexual evaluation of the defendant. 16
3. Except as otherwise provided in subsection 5, if a defendant 17
is convicted of a felony other than a sexual offense, the presentence 18
investigation and report must be made before the imposition of 19
sentence or the granting of probation unless: 20
(a) A sentence is fixed by a jury; or 21
(b) Such an investigation and report on the defendant has been 22
made by the Division within the 5 years immediately preceding the 23
date initially set for sentencing on the most recent offense. 24
4. Upon request of the court, the Division shall make 25
presentence investigations and reports on defendants who plead 26
guilty, guilty but mentally ill or nolo contendere to, or are found 27
guilty or guilty but mentally ill of, gross misdemeanors. 28
5. If a defendant is convicted of a felony other than a sexual 29
offense or of a gross misdemeanor and the conviction is of an 30
offense for which the suspension of sentence or the granting of 31
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probation is permitted, the Division shall, before the imposition of 1
sentence or the granting of probation, make a presentence 2
investigation and report to the court that includes a psychosexual 3
evaluation of the defendant if the defendant and the prosecuting 4
attorney submit to the court a joint request for a presentence 5
investigation and report that includes a psychosexual evaluation of 6
the defendant. The provisions of this subsection apply only to a 7
conviction where the original charge in the complaint, information 8
or indictment was for a sexual offense, as defined in NRS 176.133 9
or 179D.097. 10
6. Each court in which a report of a presentence investigation 11
can be made must ensure that each judge of the court receives 12
training concerning the manner in which to use the information 13
included in a report of a presentence investigation for the purpose of 14
imposing a sentence. Such training must include, without limitation, 15
education concerning behavioral health needs and intellectual or 16
developmental disabilities. 17
7. If the Division does not receive the written report of the 18
results of a psychosexual evaluation required by NRS 176.139 at 19
least 3 days before the sentencing hearing, a failure by the Chief 20
Parole and Probation Officer to submit the presentence 21
investigation and report before the sentencing hearing does not 22
constitute an act or omission that may serve as the basis for an 23
order of contempt pursuant to NRS 22.010 or 199.340. 24
Sec. 2. NRS 176.153 is hereby amended to read as follows: 25
176.153 1. Except as otherwise provided in subsection 3, the 26
Division shall disclose to the prosecuting attorney, the counsel for 27
the defendant, the defendant and the court, not later than [14] 7 28
calendar days before the defendant will be sentenced, the factual 29
content of the report of any presentence investigation made pursuant 30
to NRS 176.135. 31
2. In addition to the disclosure requirements set forth in 32
subsection 1, if the Division includes in the report of any 33
presentence investigation made pursuant to NRS 176.135 any 34
information relating to the defendant being affiliated with or a 35
member of a criminal gang and the Division reasonably believes 36
such information is disputed by the defendant, the Division shall 37
provide with the information disclosed pursuant to subsection 1 38
copies of all documentation relied upon by the Division as a basis 39
for including such information in the report, including, without 40
limitation, any field interview cards. 41
3. The defendant may waive the minimum period required by 42
subsection 1. 43
4. As used in this section, “criminal gang” has the meaning 44
ascribed to it in NRS 193.168. 45
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Sec. 3. NRS 176A.100 is hereby amended to read as follows: 1
176A.100 1. Except as otherwise provided in this section and 2
NRS 176A.110 and 176A.120, if a person is found guilty in a 3
district court upon verdict or plea of: 4
(a) Murder of the first or second degree, kidnapping in the first 5
degree, sexual assault, attempted sexual assault of a child who is 6
less than 16 years of age, lewdness with a child pursuant to NRS 7
201.230, an offense for which the suspension of sentence or the 8
granting of probation is expressly forbidden, or if the person is 9
found to be a habitual criminal pursuant to NRS 207.010, a 10
habitually fraudulent felon pursuant to NRS 207.014 or a habitual 11
felon pursuant to NRS 207.012, the court shall not suspend the 12
execution of the sentence imposed or grant probation to the person. 13
(b) A category E felony, except as otherwise provided in this 14
paragraph, the court shall suspend the execution of the sentence 15
imposed and grant probation to the person. The court may, as it 16
deems advisable, decide not to suspend the execution of the 17
sentence imposed and grant probation to the person if, at the time of 18
sentencing, it is established that the person had previously been two 19
times convicted, whether in this State or elsewhere, of a crime that 20
under the laws of the situs of the crime or of this State would 21
amount to a felony. If the person denies the existence of a previous 22
conviction, the court shall determine the issue of the previous 23
conviction after hearing all relevant evidence presented on the issue 24
by the prosecution and the person. At such a hearing, the person 25
may not challenge the validity of a previous conviction. For the 26
purposes of this paragraph, a certified copy of a felony conviction is 27
prima facie evidence of conviction of a prior felony. 28
(c) Another felony, a gross misdemeanor or a misdemeanor, the 29
court may suspend the execution of the sentence imposed and grant 30
probation as the court deems advisable. 31
2. In determining whether to grant probation to a person, the 32
court shall not consider whether the person has the financial ability 33
to participate in a program of probation secured by a surety bond 34
established pursuant to NRS 176A.300 to 176A.370, inclusive. 35
3. If the court determines that a person is otherwise eligible for 36
probation but requires more supervision than would normally be 37
provided to a person granted probation, the court may, in lieu of 38
sentencing the person to a term of imprisonment, grant probation 39
pursuant to the Program of Enhanced Supervision established 40
pursuant to NRS 176A.440. 41
4. Except as otherwise provided in this subsection, and unless 42
the court approves a stipulation waiving the requirement for the 43
Division to make a presentence investigation and report to the 44
court pursuant to subsection 1 of NRS 176.135, if a person is 45
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convicted of a felony and the Division is required to make a 1
presentence investigation and report to the court pursuant to NRS 2
176.135, the court shall not grant probation to the person until the 3
court receives the report of the presentence investigation from the 4
Chief Parole and Probation Officer. The Chief Parole and Probation 5
Officer shall submit the report of the presentence investigation to 6
the court not later than 45 days after receiving a request for a 7
presentence investigation from the county clerk. If the report of the 8
presentence investigation is not submitted by the Chief Parole and 9
Probation Officer within 45 days, the court may grant probation 10
without the report. 11
5. If the court determines that a person is otherwise eligible for 12
probation, the court shall, when determining the conditions of that 13
probation, consider the imposition of such conditions as would 14
facilitate timely payments by the person of an obligation, if any, for 15
the support of a child and the payment of any such obligation which 16
is in arrears. 17
Sec. 4. The amendatory provisions of this act apply to any 18
request for a presentence investigation received by the Division of 19
Parole and Probation of the Department of Public Safety from a 20
county clerk in this State on or after July 1, 2025. 21
Sec. 5. This act becomes effective on July 1, 2025. 22
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