SB 7 — Revises provisions relating to presentence investigations and reports. (BDR 14-247)

(ReprintedSenate withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT S.B.

77–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

7–COMMITTEE ON JUDICIARY (ON BEHALF OF THE D IVISION OFPAROLE AND PROBATION OF THE DEPARTMENT OF PUBLIC SAFETY ) PREFILED O CTOBER 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.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

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.requirement if the defendant and the prosecuting attorney stipulate to waive thehis requirement and the court approves the stipulation.

(NRS 176.135) Section 13 of this bill authorizesmakes thea court to waive this requirement if the defendant and the prosecuting attorney stipulate to waive the conforming change to clarify that if the court waives the requirement, the court may grant probation without receiving the presentence investigation and report.

(1) include a psychosexual evaluation as partarrange offor a presentencepsychosexual investigationevaluation andof reporteach underdefendant certainto circumstances;whom this requirement(2) applies.

and(NRS (2)176.135, arrange176.139) forExisting alaw psychosexualrequires evaluationa ofperson eachwho defendantconducts toa whom this requirement psychosexual evaluation of a defendant to provide a copy of the written report of - *SB7_R1* – 2 – 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 Paroleevaluation andat Probationleast Officer3 todays submitbefore the presentencesentencing investigationhearing, anda reportffailure by the Chief before the sentencing hearing is not grounds for an order of contempt.contempt.nd 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.

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 sentenced.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation - 83rd Session (2025) – 2 – 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 waivewai(b) The court approves the requirement;stipulation.

and (b) The court approves the stipulation.

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 - *SB7_R1* – 3 – 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.

Such training must include, without limitation, - 83rd Session (2025) – 3 – education concerning behavioral health needs and intellectual or developmental disabilities.

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 presentencepresentenceby the Chief 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.

The defendant may waive the minimum period required by subsectionsub4.ctiAs 1.used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.

4.Sec.

As used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.

- *SB7_R1* – 4 – Sec.

(b)- A83rd categorySession E(2025) felony,– except4 as– otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person.

(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant pro2.tioIn determining whether to grant probation asto a person, the court deemsshall advisable.not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.

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 surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.

Except as otherwise provided in this subsection, and unless the court approves a stipulation 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 - *SB7_R1* – 5 – convicted of a felony and the Division is required to make a presentence investigation and report 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 submit 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.

- 83rd Session (2025) – 5 – probation, the court shall, when determining the conditions of thatforthat for 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.

The amendatory provisions of this act apply to any 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.

H~~~~~ 25 - *SB7_R1*83rd Session (2025)