Nevada Code § 180.450

Corrective action plans
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1. If a corrective action plan is
recommended pursuant to NRS 180.440 , the
deputy director and the board of county commissioners, or its designee, must
collaborate on the manner in which the county will meet the minimum standards
for the provision of indigent defense services and the time by which the county
must meet those minimum standards. Any disagreement must be resolved by the
Board. Each corrective action plan must be submitted to and approved by the
Board.
2. If the plan established pursuant to
subsection 1 will cause the county to expend more money than budgeted by the
county in the previous budget year plus inflation for the provision of indigent
defense services, the Executive Director shall include the additional amount
needed by the county in the next budget for the Department of Indigent Defense
Services to help support the indigent defense services provided by the county.
If additional money is needed to carry out the plan before the next budget
cycle, the Executive Director shall submit a request to the Interim Finance
Committee for an allocation from the Contingency Account pursuant to NRS 353.266 to cover the additional costs.
3. For any county that is not required to
have an office of public defender pursuant to NRS
260.010 , if the additional amount included in the budget of the Department
pursuant to subsection 2 is not approved, the board of county commissioners for
the county to which the amount applies may determine whether to continue
providing indigent defense services for the county or enter into an agreement
with the Executive Director to transfer responsibility for the provision of
such services to the State Public Defender.
4. If a county does not meet the minimum
standards for the provision of indigent defense services within the period
established in the corrective action plan for the county, the deputy director
shall inform the Executive Director.
5. Upon being informed by the deputy
director pursuant to subsection 4 that a county has not complied with a
corrective action plan, the Executive Director must review information
regarding the provision of indigent defense services in the county and
determine whether to recommend establishing another corrective action plan with
the board of county commissioners of the county, or its designee. For a county
that is not required to have an office of public defender pursuant to NRS 260.010 , the Executive Director may
instead recommend requiring the board of county commissioners to transfer
responsibility for the provision of all indigent defense services for the
county to the State Public Defender. The recommendation of the Executive
Director must be submitted to and approved by the Board. Once approved, the
board of county commissioners shall comply with the decision of the Board.
6. If a county is required to transfer or
voluntarily transfers responsibility for the provision of all indigent defense
services for the county to the State Public Defender:
(a) The board of county commissioners for the
county, or its designee, shall notify the State Public Defender in writing on
or before November 1 of the next even-numbered year and the responsibilities
must transfer at a specified time on or after July 1 of the odd-numbered year
following the year in which the notice was given, as determined by the
Executive Director.
(b) The board of county commissioners for the
county shall pay the State Public Defender in the same manner and in an amount
determined in the same manner as other counties for which the State Public
Defender has responsibility for the provision of indigent defense services. The
amount that a county may be required to pay must not exceed the maximum amount
determined in accordance with NRS 180.006 .

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