Las Vegas Drunk Driving Accidents Victims Attorneys

NEVADA REVISED STATUTES
TITLE 14--PROCEDURE IN CRIMINAL CASES
CHAPTER 176 JUDGMENT AND EXECUTION
INVESTIGATION BY DIVISION OF PAROLE AND PROBATION

COPR. © 2005 The text of the Nevada Revised Statutes appearing in this

database was produced from data provided by The Nevada Legislative Council

Bureau and is subject to a claim of copyright by the State of Nevada.

Current through the 2005 Regular Session and 22nd Special Session
of the 73rd Legislature

NRS 176.145 Presentence investigation and report: Contents of report.

1. The report of any presentence investigation must contain:

(a) Any prior criminal record of the defendant;

(b) Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of his offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the Division and the extent of the information to be included in the report is solely at the discretion of the Division;

(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;

(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant to that section;

(g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;

(h) A recommendation, if the Division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;

(i) If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of the psychosexual evaluation of the defendant and all information that is necessary to carry out the provisions of NRS 176A.110; and

(j) Such other information as may be required by the court.

2. The Division may include in the report any additional information that it believes may be helpful in imposing a sentence, in granting probation or in correctional treatment.

(Added to NRS by 1967, 1434; A 1973, 178; 1981, 21, 1208; 1985, 148; 1989, 1853; 1993, 8, 1513, 2016; 1995, 667, 1248; 1997, 837, 1639; 1999, 1190, 1287; 2001, 77, 1637)

NEVADA CASES.

Purpose of statute was to assist court in imposing sentence and not to limit its jurisdiction. The fact that the presentence investigation report did not contain a statement that recommended punishment was normal for like offenses, as required by NRS 176.145, did not invalidate the sentence imposed because the purpose of the statute was to assist the court in imposing the sentence and not to limit its jurisdiction to do so. Thomas v. State, 88 Nev. 382, 498 P.2d 1314 (1972), cited, Kershaw v. State, 93 Nev. 290, at 292, 564 P.2d 607 (1977)

State may include information in presentence report concerning charges dismissed pursuant to plea bargain. In a prosecution for possession of a controlled substance, where the defendant pleaded guilty pursuant to a plea bargain and the state agreed to dismiss other unrelated charges, the court properly denied the defendant's motion to strike a portion of the presentence report containing facts concerning dismissed charges which were based on reliable information given to police by the victim. If the state agrees to dismiss the charges in exchange for a plea of guilty to a separate, unrelated offense, the state may, under NRS 176.145, include information in the presentence report concerning the dismissed charges. Ferris v. State, 100 Nev. 162, 677 P.2d 1066 (1984), distinguished, Jezierski v. State, 107 Nev. 395, at 396, 812 P.2d 355 (1991)

Inclusion of reference to polygraph result in presentence report was error. The appellant was convicted of involuntary manslaughter for accidentally shooting his wife. The presentence report (see NRS 176.145) contained a reference to a polygraph examination taken by the appellant and indicated that he had failed that examination. Inclusion of the reference to the polygraph result in the presentence report was error because a general rule that polygraph results are inadmissible at trial absent written stipulation of parties applies at sentencing as well. Buschauer v. State, 106 Nev. 890, 804 P.2d 1046 (1990), distinguished, State v. Gomes, 112 Nev. 1473, at 1480, 930 P.2d 701 (1996)

Recommendations of either former department of parole and probation or former department of prisons are not binding on courts. In a prosecution for a felony drunk driving under NRS 484.3795, imposition of a sentence of 5 years in prison and a fine of $5,000 by trial court was not abuse of discretion despite the fact that trial court disregarded sentencing recommendations of both the department of parole and probation (now the division of parole and probation of the department of public safety) and the department of prisons (now the department of corrections). Courts have wide discretion to impose sentences, and recommendations of either the department of parole and probation (see NRS 176.145) or the department of prisons are not binding on courts. Absent a showing that the court relied on impalpable or highly suspect evidence, the sentence imposed was not an abuse of discretion and was well within the statutory limits of NRS 484.3795. Etcheverry v. State, 107 Nev. 782, 821 P.2d 350 (1991)