Nevada § 62B.275 - Termination of employment for certain pending criminal charges or conviction of certain crimes; correction of information concerning conviction; waiver of requirement to terminate employment; exception

§ 62B.275. Termination of employment for certain pending criminal charges or conviction of certain crimes; correction of information concerning conviction; waiver of requirement to terminate employment; exception

1. Upon receiving information from the Central Repository for Nevada Records of Criminal

History pursuant to NRS 62B.270 or evidence from any other source that an employee of 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: (a) Has criminal charges pending against him or her for a crime listed in paragraph

(a) of subsection 1 of NRS 62B.270 : (1) The public institution or agency may terminate the employment of the employee

after allowing the employee time to correct the information as required pursuant to

subsection 2; or (2) The licensing authority of the private institution shall inform the private institution

of the receipt of the information or evidence, and the institution may terminate the

employment of the employee after allowing the employee time to correct the information

as required pursuant to subsection 2; or (b) Except as otherwise provided in subsection 4, has been convicted of a crime listed

in paragraph (a) of subsection 1 of NRS 62B.270 : (1) The public institution or agency shall terminate the employment of the employee

after allowing the employee time to correct the information as required pursuant to

subsection 2; or (2) The licensing authority of the private institution shall inform the private institution

of the receipt of the information or evidence, and the institution shall terminate

the employment of the employee after allowing the employee time to correct the information

as required pursuant to subsection 2. 2. If an employee believes that the information provided to the public institution

or agency or the licensing authority by the Central Repository pursuant to NRS 62B.270 is incorrect, the employee must inform his or her employing institution or agency

immediately. An institution or agency that is so informed shall give the employee a reasonable

amount of time of not less than 30 days to correct the information. 3. During the period in which an employee seeks to correct information pursuant to

subsection 2, it is within the discretion of the employing institution or agency whether

to allow the employee to continue to work for the institution or agency, as applicable,

except that the employee shall not have contact with a child in the institution or

agency without supervision during such period. 4. Except as otherwise provided in subsection 5, a public or private institution or

agency to which a juvenile court commits a child may waive the requirement to terminate

the employment of an employee who has been convicted of a crime listed in paragraph

(a) of subsection 1 of NRS 62B.270 if the institution or agency adopts and applies an objective weighing test in accordance

with this subsection. The objective weighing test must include factors the institution or agency will

consider when making a determination as to whether to waive such a requirement, including,

without limitation: (a) The age, maturity and capacity of the employee at the time of his or her conviction; (b) The length of time since the employee committed the crime; (c) Any participation by the employee in rehabilitative services; and (d) The relevance of the crime to the position in which the employee is employed. 5. The requirement to terminate the employment of an employee who has been convicted

of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 may not be waived through the use of the objective weighing test if: (a) The crime was sexually-related and the victim was a child who was less than 18

years of age when the crime was committed; or (b) The information concerning the conviction was obtained pursuant to a second or

subsequent background investigation concerning the employee that is conducted by the

public or private institution or agency. 6. A public or private institution or agency to which a juvenile court commits a child

shall, with regard to each employee to whom the institution or agency applies the

objective weighing test pursuant to subsection 4: (a) Track the age, race and ethnicity of the employee, the position in which the employee

is employed and the determination made by the institution or agency; and (b) Review such data not less than once every 2 years to determine the efficacy of

the objective weighing test and whether the data indicates the presence of any implicit

bias. 7. The determination made by a public or private institution or agency to which a

juvenile court commits a child with regard to an employee to whom the institution

or agency applies the objective weighing test is final. 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 of NRS 62B.270 begins and ends as set forth in subsection 8 of that section.