Nevada § 41.950 - Award of damages and other relief

§ 41.950. Award of damages and other relief

1. In an action brought pursuant to NRS 41.900 which results in the court entering a certificate of innocence pursuant to NRS 41.910 , the court shall award the person: (a) If the person was imprisoned for: (1) One to 10 years, $50,000 for each year the person was imprisoned for his or her

wrongful conviction; (2) Eleven to 20 years, $75,000 for each year the person was imprisoned for his or

her wrongful conviction; or (3) Twenty-one years or more, $100,000 for each year the person was imprisoned for

his or her wrongful conviction; and (b) Not less than $25,000 for each year the person was on parole or not less than

$25,000 for each year the person was required to register as a sex offender, whichever

period of time was greater. 2. In addition to any damages awarded pursuant to subsection 1, the court may award: (a) Reasonable attorney's fees, not to exceed $25,000, unless a greater amount is

authorized by a court upon a finding of good cause shown. (b) Subject to the limitations in subsection 6, payment for the cost of: (1) Tuition, books and fees for the person to enroll in any course or academic program

at an institution operated by the Nevada System of Higher Education commenced not

later than 3 years and completed not later than 10 years after the date the award

of damages is issued pursuant to subsection 1. (2) Participation by the person in Medicare or Medicaid, if the person is eligible

for Medicare or Medicaid, or a qualified health plan offered on the health insurance

exchange administered by the Silver State Health Insurance Exchange which has been

designated by the Exchange as a Bronze or Silver plan, if the person is not eligible

for Medicare or Medicaid. The court shall not award payment pursuant to this subparagraph for any period in

which the person is enrolled in an employer-based health insurance plan. (3) Programs for reentry into the community for the person commenced not later than

3 years and completed not later than 5 years after the date the award of damages is

issued pursuant to subsection 1. (4) Counseling services for the person commenced not later than 2 years after the

date the award of damages is issued pursuant to subsection 1. (5) Housing assistance in an amount not greater than $15,000 per year. (6) Programs for assistance for financial literacy for the person commenced not later

than 2 years and completed not later than 3 years after the date the award of damages

is issued pursuant to subsection 1. (c) Reimbursement for: (1) Restitution ordered to be paid by the person in the criminal proceeding for which

he or she was wrongfully convicted; and (2) Medical care paid for by the person while he or she was imprisoned for his or

her wrongful conviction. (d) Any other relief. 3. Any award of damages issued pursuant to subsection 1 must be rounded up to the

nearest half year. 4. A court shall not award and a person shall not receive compensation for any period

of imprisonment during which the person was concurrently serving a sentence for a

conviction of another offense for which the person was lawfully convicted and imprisoned. 5. If counseling services are awarded to the person pursuant to subsection 2, the

person may select a relative to receive counseling with the person. As used in this subsection, “ relative ” means a person who is related by blood, adoption, marriage or domestic partnership

within the third degree of consanguinity or affinity. 6. A court shall not award payment pursuant to paragraph (b) of subsection 2: (a) In an amount greater than $100,000 in a calendar year. (b) For a length of time that exceeds the period of time described in subsection 1

during which the person was imprisoned or on parole. 7. As used in this section, “qualified health plan” has the meaning ascribed to it

in NRS 695I.080 .