Nevada § 41.0397 - Prohibition against engaging in certain patterns or practices; investigation by Attorney General; civil action; venue; issuance of subpoenas; confidentiality of investigation; issuance of report by Attorney General; reprisal or retaliation prohibited; Attorney General required to participate and cooperate with federal investigation

§ 41.0397. Prohibition against engaging in certain patterns or practices; investigation by Attorney General; civil action; venue; issuance of subpoenas; confidentiality of investigation; issuance of report by Attorney General; reprisal or retaliation prohibited; Attorney General required to participate and cooperate with federal investigation

1. A state governmental authority, any agent thereof or any person acting on behalf

of a state governmental authority shall not engage in a pattern or practice of conduct

by peace officers, officials or employees of any state law enforcement agency or officials

or employees of any governmental authority with responsibility for the administration

of juvenile justice or the detention of juveniles that deprives persons of rights,

privileges or immunities secured or protected by the Constitution or laws of the United

States or this State. 2. The Attorney General may investigate any violation of subsection 1. If the Attorney General has reasonable cause to believe that a violation of subsection

1 has occurred, the Attorney General must, before filing a civil action, notify the

governmental authority and provide the factual basis that supports his or her reasonable

cause to believe that a violation of subsection 1 has occurred. The governmental authority may respond to the notification at any time within 30

days after the date on which the governmental authority receives the notification. 3. The Attorney General may, in accordance with the requirements of this section,

file a civil action against the governmental authority, for or in the name of the

State of Nevada: (a) To obtain any and all appropriate equitable and declaratory relief to eliminate

the identified pattern or practice if the Attorney General and the governmental authority

cannot reach an agreement regarding the course of action for the governmental authority

to take to remedy, change or eliminate the identified pattern or practice within 60

days after the last day on which the governmental authority may respond to the notification;

or (b) To enforce the terms of any such agreement that is reached by the Attorney General

and the governmental authority. 4. Any civil action filed by the Attorney General pursuant to subsection 3 must be

filed in the district court of the county where the governmental authority maintains

its headquarters. 5. For the purpose of carrying out an investigation pursuant to the provisions of

this section, the Attorney General or his or her designee may issue a subpoena to

compel the attendance or testimony of a witness or the production of any relevant

evidence, including, without limitation, books, papers, documents, records, photographs,

recordings, reports and tangible objects maintained by the governmental authority. If a witness refuses to attend, testify or produce materials as required by the

subpoena, the Attorney General may report to the district court by petition, setting

forth that: (a) Due notice has been given of the time and place of attendance or testimony of

the witness or the production of materials; (b) The witness has been subpoenaed pursuant to this section; and (c) The witness has failed or refused to attend, testify or produce materials as required

by the subpoena, or has refused to answer questions propounded to him or her, and asking for an order of the court compelling the witness to attend, testify or

produce materials. Upon receipt of such a petition, the court shall enter an order directing the witness

to appear before the court at a time and place to be fixed by the court in its order,

the time to be not more than 10 days after the date of the order, and then and there

show cause why the witness has not attended, testified or produced materials. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was properly issued by the Attorney

General or his or her designee, the court shall enter an order that the witness appear

at a time and place fixed in the order and testify or produce materials, and that

upon failure to obey the order, the witness must be dealt with as for contempt of

court. 6. Except as otherwise provided in NRS 239.0115 , the content of any investigation, including, without limitation, the identity of

a witness, any procedure, testimony taken, document or other tangible evidence produced,

or any answer made under this section is confidential and not subject to disclosure

as a public book or record unless and until the filing of a civil action pursuant

to this section, except if: (a) Confidentially is waived by the person upon whom the investigative demand is made; (b) Disclosure is authorized by the district court; or (c) Disclosure is made by a federal court or federal agency. 7. At the conclusion of an investigation by the Attorney General pursuant to this

section, the Office of the Attorney General shall issue: (a) A report that includes a determination that the governmental authority did not

engage in a pattern or practice of conduct that deprives persons of rights, privileges

or immunities secured or protected by the Constitution or laws of the United States

or this State; (b) A report that includes a determination that the allegations that the governmental

authority engaged in a pattern or practice of conduct that deprives persons of rights,

privileges or immunities secured or protected by the Constitution or laws of the United

States or this State could not be substantiated; or (c) A report that includes: (1) A determination that the governmental authority engaged in a pattern or practice

of conduct that deprives persons of rights, privileges or immunities secured or protected

by the Constitution or laws of the United States or this State; and (2) The course of action mutually agreed upon by the Attorney General and the governmental

authority to remedy, change or eliminate the identified pattern or practice, or a

copy of the civil action filed against the governmental authority pursuant to paragraph

(a) of subsection 3. 8. Any state officer, state employee, local officer or local employee who discloses

a pattern or practice of conduct prohibited by subsection 1 must be afforded all protections

against reprisal or retaliation as provided by NRS 281.611 to 281.671 , inclusive. 9. In addition to the requirements set forth in this section, the Attorney General

shall participate and cooperate in any investigation by the United States Department

of Justice regarding whether the Office of the Attorney General has engaged in a pattern

or practice of conduct that deprives persons of rights, privileges or immunities secured

or protected by the Constitution or laws of the United States or this State. 10. As used in this section: (a) “Law enforcement agency” has the meaning ascribed to it in NRS 289.010 . (b) “ Peace officer ” means a person upon whom some or all of the powers of a peace officer are conferred

pursuant to NRS 289.150 to 289.360 , inclusive. (c) “Relevant evidence” has the meaning ascribed to it in NRS 48.015 .