Nevada Code § 176.139

Presentence investigation and report: Psychosexual evaluation of certain defendants required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; report of results; costs
Open in Lexace · Ask the AI about this section
1. If a defendant is convicted of a sexual
offense for which the suspension of sentence or the granting of probation is
permitted or if a joint request is submitted to the Division pursuant to
subsection 5 of NRS 176.135 , the
Division shall arrange for a psychosexual evaluation of the defendant as part
of the Divisions presentence investigation and report to the court.
2. The psychosexual evaluation of the
defendant must be conducted by a person professionally qualified to conduct
psychosexual evaluations.
3. The person who conducts the psychosexual
evaluation of the defendant must use diagnostic tools that are generally
accepted as being within the standard of care for the evaluation of sex
offenders, and the psychosexual evaluation of the defendant must include:
(a) A comprehensive clinical interview with the
defendant; and
(b) A review of all investigative reports
relating to the defendants sexual offense or other offense and all statements
made by victims of that offense.
4. The psychosexual evaluation of the
defendant may include:
(a) A review of records relating to previous
criminal offenses committed by the defendant;
(b) A review of records relating to previous
evaluations and treatment of the defendant;
(c) A review of the defendants records from
school;
(d) Interviews with the defendants parents, the
defendants spouse or other persons who may be significantly involved with the
defendant or who may have relevant information relating to the defendants
background; and
(e) The use of psychological testing, polygraphic
examinations and arousal assessment.
5. The person who conducts the
psychosexual evaluation of the defendant must be given access to all records of
the defendant that are necessary to conduct the evaluation, and the defendant
shall be deemed to have waived all rights of confidentiality and all privileges
relating to those records for the limited purpose of the evaluation.
6. The person who conducts the
psychosexual evaluation of the defendant shall:
(a) Prepare a comprehensive written report of the
results of the evaluation;
(b) Include in the report all information that is
necessary to carry out the provisions of NRS
176A.110 ; and
(c) Provide a copy of the report to the Division.
7. If a psychosexual evaluation is
conducted pursuant to this section, the court shall:
(a) Order the defendant, to the extent of the
defendants financial ability, to pay for the cost of the psychosexual
evaluation; or
(b) If the defendant was less than 18 years of
age when the sexual offense or other offense was committed and the defendant
was certified and convicted as an adult, order the parents or guardians of the
defendant, to the extent of their financial ability, to pay for the cost of the
psychosexual evaluation. For the purposes of this paragraph, the court has
jurisdiction over the parents or guardians of the defendant to the extent that
is necessary to carry out the provisions of this paragraph.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.