Nevada § 62B.270 - Background investigation required; charge for investigation; periodic additional investigations

§ 62B.270. Background investigation required; charge for investigation; periodic additional investigations

1. A public institution or agency to which a juvenile court commits a child or the

licensing authority of a private institution to which a juvenile court commits a child,

including, without limitation, a facility for the detention of children, shall secure

from appropriate law enforcement agencies information on the background and personal

history of each employee of the institution or agency to determine: (a) Whether the employee has been convicted of: (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem; (2) Any other felony involving the use or threatened use of force or violence or the

use of a firearm or other deadly weapon; (3) Assault with intent to kill or to commit sexual assault or mayhem; (4) Battery which results in substantial bodily harm to the victim; (5) Battery that constitutes domestic violence that is punishable as a felony; (6) Battery that constitutes domestic violence, other than a battery described in

subparagraph (5), within the immediately preceding 3 years; (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure,

an offense involving pornography and a minor or any other sexually related crime; (8) A crime involving pandering or prostitution, including, without limitation, a

violation of any provision of NRS 201.295 to 201.440 , inclusive, other than a violation of NRS 201.354 or 201.353 by engaging in prostitution; (9) Abuse or neglect of a child, including, without limitation, a violation of any

provision of NRS 200.508 or 200.5083 ; (10) A violation of any federal or state law regulating the possession, distribution

or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years; (11) A violation of any federal or state law prohibiting driving or being in actual

physical control of a vehicle while under the influence of intoxicating liquor or

a controlled substance that is punishable as a felony; (12) A violation of any federal or state law prohibiting driving or being in actual

physical control of a vehicle while under the influence of intoxicating liquor or

a controlled substance, other than a violation described in subparagraph (11), within

the immediately preceding 3 years; (13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable

persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995 , inclusive, or a law of any other jurisdiction that prohibits the same or similar

conduct; or (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent

conversion, misappropriation of property or perjury within the immediately preceding

7 years; or (b) Whether there are criminal charges pending against the employee for a crime listed

in paragraph (a). 2. An employee of the public or private institution or agency must submit to the public

institution or agency or the licensing authority, as applicable, a complete set of

fingerprints and written authorization to forward those fingerprints to the Central

Repository for Nevada Records of Criminal History for submission to the Federal Bureau

of Investigation for its report. 3. The public institution or agency or the licensing authority, as applicable, may

exchange with the Central Repository or the Federal Bureau of Investigation any information

concerning the fingerprints submitted. 4. The public institution or agency or the licensing authority, as applicable, may

charge an employee investigated pursuant to this section for the reasonable cost of

that investigation. 5. When a report from the Federal Bureau of Investigation is received by the Central

Repository, the Central Repository shall immediately forward a copy of the report

to the public institution or agency or the licensing authority, as applicable, for

a determination of whether the employee has criminal charges pending against him or

her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a

crime listed in paragraph (a) of subsection 1. 6. A person who is required to submit to an investigation required pursuant to this

section shall not have contact with a child without supervision in a public or private

institution or agency to which a juvenile court commits a child, including, without

limitation, a facility for the detention of children, before the investigation of

the background and personal history of the person has been conducted. 7. The public institution or agency or the licensing authority, as applicable, shall

conduct an investigation of each employee of the institution or agency pursuant to

this section at least once every 5 years after the initial investigation. 8. For the purposes of this section, the period during which criminal charges are

pending against an employee for a crime listed in paragraph (a) of subsection 1 begins

when the employee is arrested for such a crime and ends when: (a) A determination is made as to the guilt or innocence of the employee with regard

to such a crime at a trial or by a plea; or (b) The prosecuting attorney makes a determination to: (1) Decline charging the employee with a crime listed in paragraph (a) of subsection

1; or (2) Proceed with charges against the employee for only one or more crimes not listed

in paragraph (a) of subsection 1.