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- 83rd Session (2025)
Senate Bill No. 7–Committee on Judiciary
CHAPTER..........
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 prese ntence 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
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. (N RS 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.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
176.135 1. Except as otherwise provided in this section and
NRS 176.151, the Division shall make a presentence investigation
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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 t o 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 o f 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,
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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.
Sec. 2. NRS 176.153 is hereby amended to read as follows:
176.153 1. Except as otherwise provided in subsection 3, the
Division shall disclose to the prosecuting attorney, the counsel for
the defendant, the defendant and the court, not later than [14] 7
calendar days be fore the defendant will be sentenced, the factual
content of the report of any presentence investigation made pursuant
to NRS 176.135.
2. In addition to the disclosure requirements set forth in
subsection 1, if the Division includes in the report of any
presentence investigation made pursuant to NRS 176.135 any
information relating to the defendant being affiliated with or a
member of a criminal gang and the Division reasonably believes
such information is disputed by the defendant, the Division shall
provide with the information disclosed pursuant to subsection 1
copies of all documentation relied upon by the Division as a basis
for including such information in the report, including, without
limitation, any field interview cards.
3. The defendant may waive the minimum period required by
subsection 1.
4. As used in this section, “criminal gang” has the meaning
ascribed to it in NRS 193.168.
Sec. 3. NRS 176A.100 is hereby amended to read as follows:
176A.100 1. Except as otherwise provided in this section and
NRS 176A.110 and 176A.120, if a person is found guilty in a
district court upon verdict or plea of:
(a) Murder of the first or second degree, kidnapping in the first
degree, sexual assault, attempted sexual assault of a child who is
less than 16 years of age, lewdness with a child pursuant to NRS
201.230, an offense for which the suspension of sentence or the
granting of probation is expressly forbidden, or if the person is
found to be a habitual criminal pursuant to NRS 207.010, a
habitually fraudulent felon pursuant to NRS 207.014 or a habitual
felon pursuant to NRS 207.012, the court shall not suspend the
execution of the sentence imposed or grant probation to the person.
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(b) A category E felony, except as otherwise provided in this
paragraph, the court shall suspend the execution of the sentence
imposed and grant probation to the person. The court may, as it
deems advisable, decide not to suspend the execution of the
sentence imposed and grant probation to the person if, at the time of
sentencing, it is established that the person had previously been two
times convicted, whether in this State or elsewhere, of a crime that
under the laws of the situs of the crime or of this State would
amount to a felony. If the person denies the exist ence of a previous
conviction, the court shall determine the issue of the previous
conviction after hearing all relevant evidence presented on the issue
by the prosecution and the person. At such a hearing, the person
may not challenge the validity of a pr evious conviction. For the
purposes of this paragraph, a certified copy of a felony conviction is
prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the
court may suspend the execution of the se ntence imposed and grant
probation as the court deems advisable.
2. In determining whether to grant probation to a person, the
court shall not consider whether the person has the financial ability
to participate in a program of probation secured by a sur ety bond
established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. If the court determines that a person is otherwise eligible for
probation but requires more supervision than would normally be
provided to a person granted probation, the court may, in lieu of
sentencing the person to a term of imprisonment, grant probation
pursuant to the Program of Enhanced Supervision established
pursuant to NRS 176A.440.
4. Except as otherwise provided in this subsection, and unless
the court approves a stipula tion waiving the requirement for the
Division to make a presentence investigation and report to the
court pursuant to subsection 1 of NRS 176.135, if a person is
convicted of a felony and the Division is required to make a
presentence investigation and rep ort to the court pursuant to NRS
176.135, the court shall not grant probation to the person until the
court receives the report of the presentence investigation from the
Chief Parole and Probation Officer. The Chief Parole and Probation
Officer shall submi t the report of the presentence investigation to
the court not later than 45 days after receiving a request for a
presentence investigation from the sentencing court or county clerk.
If the report of the presentence investigation is not submitted by the
Chief Parole and Probation Officer within 45 days, the court may
grant probation without the report.
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5. If the court determines that a person is otherwise eligible for
probation, the court shall, when determining the conditions of that
probation, consider the imposition of such conditions as would
facilitate timely payments by the person of an obligation, if any, for
the support of a child and the payment of any such obligation which
is in arrears.
Sec. 4. The amendatory provisions of this act apply to a ny
request for a presentence investigation received by the Division of
Parole and Probation of the Department of Public Safety from a
sentencing court or county clerk in this State on or after July 1,
2025.
Sec. 5. This act becomes effective on July 1, 2025.
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