Nevada § 180.450 - Corrective action plans

§ 180.450. Corrective action plans

1. If a corrective action plan is recommended pursuant to NRS 180.440 , the deputy director and the board of county commissioners, or its designee, must

collaborate on the manner in which the county will meet the minimum standards for

the provision of indigent defense services and the time by which the county must meet

those minimum standards. Any disagreement must be resolved by the Board. Each corrective action plan must be submitted to and approved by the Board. 2. If the plan established pursuant to subsection 1 will cause the county to expend

more money than budgeted by the county in the previous budget year plus inflation

for the provision of indigent defense services, the Executive Director shall include

the additional amount needed by the county in the next budget for the Department of

Indigent Defense Services to help support the indigent defense services provided by

the county. If additional money is needed to carry out the plan before the next budget cycle,

the Executive Director shall submit a request to the Interim Finance Committee for

an allocation from the Contingency Account pursuant to NRS 353.266 to cover the additional costs. 3. For any county that is not required to have an office of public defender pursuant

to NRS 260.010 , if the additional amount included in the budget of the Department pursuant to subsection

2 is not approved, the board of county commissioners for the county to which the amount

applies may determine whether to continue providing indigent defense services for

the county or enter into an agreement with the Executive Director to transfer responsibility

for the provision of such services to the State Public Defender. 4. If a county does not meet the minimum standards for the provision of indigent defense

services within the period established in the corrective action plan for the county,

the deputy director shall inform the Executive Director. 5. Upon being informed by the deputy director pursuant to subsection 4 that a county

has not complied with a corrective action plan, the Executive Director must review

information regarding the provision of indigent defense services in the county and

determine whether to recommend establishing another corrective action plan with the

board of county commissioners of the county, or its designee. For a county that is not required to have an office of public defender pursuant

to NRS 260.010 , the Executive Director may instead recommend requiring the board of county commissioners

to transfer responsibility for the provision of all indigent defense services for

the county to the State Public Defender. The recommendation of the Executive Director must be submitted to and approved by

the Board. Once approved, the board of county commissioners shall comply with the decision of

the Board. 6. If a county is required to transfer or voluntarily transfers responsibility for

the provision of all indigent defense services for the county to the State Public

Defender: (a) The board of county commissioners for the county, or its designee, shall notify

the State Public Defender in writing on or before November 1 of the next even-numbered

year and the responsibilities must transfer at a specified time on or after July 1

of the odd-numbered year following the year in which the notice was given, as determined

by the Executive Director. (b) The board of county commissioners for the county shall pay the State Public Defender

in the same manner and in an amount determined in the same manner as other counties

for which the State Public Defender has responsibility for the provision of indigent

defense services. The amount that a county may be required to pay must not exceed the maximum amount

determined in accordance with NRS 180.006 .