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) Section 1 of this bill authorizes the court to waive this requirement if the defendant and the prosecuting attorney stipulate to waive the requirement and the court approves the stipulation. Section 3 of this bill makes a conforming change to clarify that if the court waives the requirement, the court may grant probation without receiving the presentence investigation and report. 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) Section 1 provides that if the Division does not receive a copy of the written report of the results of the evaluation 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 is not grounds for an order of contempt. 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) Section 2 of this bill reduces that period to 7 calendar days.

Statutes affected:
As Introduced: 176.135, 176.153, 176A.100
Reprint 1: 176.135, 176.153, 176A.100
Reprint 2: 176.135, 176.153, 176A.100
As Enrolled: 176.135, 176.153, 176A.100