Nevada § 289.060 - Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings

§ 289.060. Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings

1. Except as otherwise provided in this subsection, a law enforcement agency shall,

not later than 48 hours before any interrogation or hearing is held relating to an

investigation conducted pursuant to NRS 289.057 , provide a written notice to the peace officer who is the subject of the investigation. If the law enforcement agency believes that any other peace officer has any knowledge

of any fact relating to the complaint or allegation against the peace officer who

is the subject of the investigation, the law enforcement agency shall provide a written

notice to the peace officer advising the peace officer that he or she must appear

and be interviewed as a witness in connection with the investigation. Any peace officer who serves as a witness during an interview must be allowed a

reasonable opportunity to arrange for the presence and assistance of a representative

authorized by NRS 289.080 . Any peace officer specified in this subsection may waive the notice required pursuant

to this section. 2. The notice provided to the peace officer who is the subject of the investigation

must include: (a) A description of the nature of the investigation; (b) A summary of alleged misconduct of the peace officer; (c) The date, time and place of the interrogation or hearing; (d) The name and rank of the officer in charge of the investigation and the officers

who will conduct any interrogation or hearing; (e) The name of any other person who will be present at any interrogation or hearing;

and (f) A statement setting forth the provisions of subsection 1 of NRS 289.080 . 3. The law enforcement agency shall: (a) Interview or interrogate the peace officer during the peace officer's regular

working hours, if reasonably practicable, or revise the peace officer's work schedule

to allow any time that is required for the interview or interrogation to be deemed

a part of the peace officer's regular working hours. Any such time must be calculated based on the peace officer's regular wages for

his or her regularly scheduled working hours. If the peace officer is not interviewed or interrogated during his or her regular

working hours or if his or her work schedule is not revised pursuant to this paragraph

and the law enforcement agency notifies the peace officer to appear at a time when

he or she is off duty, the peace officer must be compensated for appearing at the

interview or interrogation based on the wages and any other benefits the peace officer

is entitled to receive for appearing at the time set forth in the notice. (b) Immediately before any interrogation or hearing begins, inform the peace officer

who is the subject of the investigation orally on the record that: (1) The peace officer is required to provide a statement and answer questions related

to the peace officer's alleged misconduct; and (2) If the peace officer fails to provide such a statement or to answer any such questions,

the agency may charge the peace officer with insubordination. (c) Limit the scope of the questions during the interrogation or hearing to the alleged

misconduct of the peace officer who is the subject of the investigation. If any evidence is discovered during the course of an investigation or hearing which

establishes or may establish any other possible misconduct engaged in by the peace

officer, the law enforcement agency shall notify the peace officer of that fact and

shall not conduct any further interrogation of the peace officer concerning the possible

misconduct until a subsequent notice of that evidence and possible misconduct is provided

to the peace officer pursuant to this chapter. (d) Allow the peace officer who is the subject of the investigation or who is a witness

in the investigation to explain an answer or refute a negative implication which results

from questioning during an interview, interrogation or hearing. 4. If a peace officer provides a statement or answers a question relating to the alleged

misconduct of a peace officer who is the subject of an investigation pursuant to NRS 289.057 after the peace officer is informed that failing to provide the statement or answer

may result in punitive action against him or her, the statement or answer must not

be used against the peace officer who provided the statement or answer in any subsequent

criminal proceeding.