Existing law requires the Division of Parole and Probation of the Department of Public Safety to make a presentence investigation and report to the court on certain defendants. (NRS 176.135) Under existing law, the Chief Parole and Probation Officer must submit any such report to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk. (NRS 176A.100) Sections 1 and 3 of this bill reorganize this requirement. Existing law requires the Division to: (1) include a psychosexual evaluation as part of a presentence investigation and report under certain circumstances; and (2) arrange for a psychosexual evaluation of each defendant to whom this requirement applies. (NRS 176.135, 176.139) Existing law requires a person who conducts a psychosexual evaluation of a defendant to provide a copy of the written report of the results of the evaluation to the Division. (NRS 176.139) If the Division has not received a copy of the written report of the results of the evaluation within 45 days after receiving the request for a presentence investigation from the county clerk, section 1 provides that the Chief Parole and Probation Officer is not required to submit the presentence investigation and report to the court until 3 days after the date on which the Division receives a copy of the written report. In general, existing law requires the Division to disclose the factual content of the report of any presentence investigation made by the Division to the prosecuting attorney, the counsel for the defendant, the defendant and the court not later than 14 calendar days before the defendant who is the subject of the report will be sentenced. (NRS 176.153) Sections 1 and 2 of this bill clarify that this 14-day period is separate from, independent of and in addition to the 45-day period within which existing law requires the Chief Parole and Probation Officer to submit the report of any presentence investigation made by the Division to the court.

Statutes affected:
As Introduced: 176.135, 176.153, 176A.100