Nevada § 176.135 - Presentence investigation and report: When required; time for completing; training

§ 176.135. Presentence investigation and report: When required; time for completing; training

1. Except as otherwise provided in this section and NRS 176.151 , the Division shall make a presentence investigation 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. 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 to 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 of 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, education concerning behavioral

health needs and intellectual or developmental disabilities.