INVESTIGATIONS AND PROSECUTIONS

The Department of Justice (“The Department”) vigorously investigates and, where the evidence permits, prosecutes allegations of Constitutional violations by law enforcement officers. The Department’s investigations most often involve alleged uses of excessive force, but also include sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody. These cases typically involve police officers, jailers, correctional officers, probation officers, prosecutors, judges, and other federal, state, or local law enforcement officials. The Department’s authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, so long as he/she is acting, or claiming to act, in his/her official capacity.

In addition to Constitutional violations, the Department prosecutes law enforcement officers for related instances of obstruction of justice. This includes attempting to prevent a victim or witnesses from reporting the misconduct, lying to federal, state, or local officials during the course of an investigation into the potential misconduct, writing a false report to conceal misconduct, or fabricating evidence.

The principles of federal prosecution, set forth in the United States Attorneys’ Manual (“USAM”), require federal prosecutors to meet two standards in order to seek an indictment.

First, the government must be convinced that the potential defendant committed a federal crime. Second, the government must also conclude that the government would be likely to prevail at trial, where the government must prove the charges beyond a reasonable doubt. See USAM § 9-27.220.^[1]

ABOUT THE LAW ENFORCEMENT MISCONDUCT STATUTE

The federal criminal statute that enforces Constitutional limits on conduct by law enforcement officers is 18 U.S.C. § 242. Section 242 provides in relevant part:

“Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime].”

Section 242 is intended to “protect all persons in the United States in their civil rights, and furnish the means of their vindication.” Screws v. United States, 325 U.S. 91, 98 (1945) (quoting legislative history).

To prove a violation of § 242, the government must prove each of the following elements beyond a reasonable doubt: (1) that the defendant deprived a victim of a right protected by the Constitution or laws of the United States, (2) that the defendant acted willfully, and (3) that the defendant was acting under color of law. A violation of § 242 is a felony if one of the following conditions is met: the defendant used, attempted to use, or threatened to use a dangerous weapon, explosive or fire; the victim suffered bodily injury; the defendant’s actions included attempted murder, kidnapping or attempted kidnapping, aggravated sexual abuse or attempted aggravated sexual abuse, or the crime resulted in death. Otherwise, the violation is a misdemeanor.

Establishing the intent behind a Constitutional violation requires proof beyond a reasonable doubt that the law enforcement officer knew what he/she was doing was wrong and against the law and decided to do it anyway. Therefore, even if the government can prove beyond a reasonable doubt that an individual’s Constitutional right was violated, § 242 requires that the government prove that the law enforcement officer intended to engage in the unlawful conduct and that he/she did so knowing that it was wrong or unlawful. See Screws v. United States, 325 U.S. 91, 101-107 (1945). Mistake, fear, misperception, or even poor judgment does not constitute willful conduct prosecutable under the statute.

Physical Assault

In cases of physical assault, such as allegations of excessive force by an officer, the underlying Constitutional right at issue depends on the custodial status of the victim. If the victim has just been arrested or detained, or if the victim is being held in jail but has not yet been convicted, the government must, in most cases, prove that that the law enforcement officer used more force than is reasonably necessary to arrest or gain control of the victim. This is an objective standard dependent on what a reasonable officer would do under the same circumstances. “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Graham v. Connor, 490 U.S. 386, 396-97 (1989).

If the victim is a convicted prisoner, the government must show that the law enforcement officer used physical force to punish , retaliate against, an inmate, or otherwise cause harm to the prisoner, rather than to protect the officer or others from harm or to maintain order in the facility. See Whitley v. Albers, 475 U.S. 312, 319 (1986).

Sexual Misconduct

Law enforcement officers who engage in nonconsensual sexual contact with persons in their custody deprive those persons of liberty without due process of law, which includes the right to bodily integrity. The Department investigates and prosecutes instances of nonconsensual sexual misconduct committed by patrol officers, federal and state probation officers, wardens, and corrections officers, among others. Sexual misconduct includes, but is not limited to, sexual assault without consent (rape), sexual contact procured by force, threat of force or coercion, and unwanted or gratuitous sexual contact such as touching or groping.

To prove that a law enforcement officer violated a victim’s right to bodily integrity, the government must prove that the victim did not consent to the defendant’s actions. Prosecutors can establish lack of consent or submission by showing that the defendant officer used either force or coercion to overcome the victim’s will. It is not necessary to prove that the defendant used actual violence against the victim. Coercion may exist if a victim is told that an officer will bring false charges or cause the victim to suffer unjust punishment.

Deliberate Indifference to a Serious Medical Condition or a Substantial Risk of Harm

Section 242 prohibits a law enforcement officer from acting with deliberate indifference to a substantial risk of harm to persons in custody. Therefore, an officer cannot deliberately ignore a serious medical condition of or risk of serious harm (such as a risk that an inmate will be assaulted by other inmates or officers) to a person in custody.  To prove deliberate indifference, the government must prove that the victim faced a substantial risk of serious harm; that the officer had actual knowledge of the risk of harm; and that the officer failed to take reasonable measures to abate it.

Failure to Intervene

An officer who purposefully allows a fellow officer to violate a victim’s Constitutional rights may be prosecuted for failure to intervene to stop the Constitutional violation. To prosecute such an officer, the government must show that the defendant officer was aware of the Constitutional violation, had an opportunity to intervene, and chose not to do so. This charge is often appropriate for supervisory officers who observe uses of excessive force without stopping them, or who actively encourage uses of excessive force but do not directly participate in them. source

We found 85,000 cops who’ve been investigated for misconduct. Now you can read their records.

10 Examples of Police Misconduct to Refer to for Your Case

Obtaining Police Records by State

DUE PROCESS READS>>>>>>

Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone Click Here

Mathews v. Eldridge – Due Process – 5th, & 14th Amendment

 Mathews Test – 3 Part Test– Amdt5.4.5.4.2 Mathews Test

“Unfriending” Evidence – 5th Amendment

At the Intersection of Technology and Law

What Is Traversing a Warrant (a Franks Motion)?

Dwayne Furlow v. Jon Belmar – Police Warrant – Immunity Fail – 4th, 5th, & 14th Amendment

Obstruction of Justice and Abuse of Process

What Is Considered Obstruction of Justice in California?

Penal Code 135 PC – Destroying or Concealing Evidence

Penal Code 141 PC – Planting or Tampering with Evidence in California

Penal Code 142 PC – Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense

Penal Code 182 PC – “Criminal Conspiracy” Laws & Penalties

Penal Code 664 PC – “Attempted Crimes” in California

Penal Code 32 PC – Accessory After the Fact

Penal Code 31 PC – Aiding and Abetting Laws

What is Abuse of Process? 

What is a Due Process Violation? – 4th Amendment & 14th Amendment

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

The Use and Abuse of Power by Prosecutors (Justice for All)

ARE PEOPLE LYING ON YOU?
CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

Penal Code 118 PC – California Penalty of “Perjury” Law

Federal Perjury – Definition by Law

Penal Code 132 PC – Offering False Evidence

Penal Code 134 PC – Preparing False Evidence

Penal Code 118.1 PC – Police Officer$ Filing False Report$

Spencer v. Peters– Police Fabrication of Evidence – 14th Amendment

Penal Code 148.5 PC –  Making a False Police Report in California

Penal Code 115 PC – Filing a False Document in California

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law

18 U.S. Code § 241 – Conspiracy against Right$

Section 1983 Lawsuit – How to Bring a Civil Rights Claim

 Suing for Misconduct – Know More of Your Right$

Police Misconduct in California – How to Bring a Lawsuit

How to File a complaint of Police Misconduct? (Tort Claim Forms here as well)

Deprivation of Rights – Under Color of the Law

What is Sua Sponte and How is it Used in a California Court? 

Removing Corrupt Judges, Prosecutors, Jurors
and other Individuals & Fake Evidence from Your Case 

Anti-SLAPP Law in California

Freedom of Assembly – Peaceful Assembly – 1st Amendment Right

How to Recover “Punitive Damages” in a California Personal Injury Case

Pro Se Forms and Forms Information(Tort Claim Forms here as well)

What is Tort?

Tort Claims Form
File Government Claim for Eligible Compensation

Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.

See Information Guides and Resources below for more information.

Tort Claims – Claim for Damage, Injury, or Death (see below)

Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here or here from us

California – California Tort Claims Act – California Tort Claim Form Here or here from us

Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

WRITS and WRIT Types in the United States

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests

case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Rules of Admissibility – Evidence Admissibility

Confrontation Clause – Sixth Amendment

Exceptions To The Hearsay Rule – Confronting Evidence

Prosecutor’s Obligation to Disclose Exculpatory Evidence

Successful Brady/Napue Cases – Suppression of Evidence

Cases Remanded or Hearing Granted Based on Brady/Napue Claims

Unsuccessful But Instructive Brady/Napue Cases

ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Frivolous, Meritless or Malicious Prosecution – fiduciary duty

Section 832.7 – Peace officer or custodial officer personnel records

Senate Bill No. 1421 – California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 

Electronic Audio Recording Request of OC Court Hearings

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Police BodyCam Footage Release

GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder

Joinder In Family Law Cases – CRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Download Here this Recommended Citation

[Rev. 5/1/2022 7:55:18 PM–2021]

CHAPTER 289 – PEACE OFFICERS AND OTHER LAW ENFORCEMENT PERSONNEL

GENERAL PROVISIONS

NRS 289.010           Definitions.

RIGHTS OF PEACE OFFICERS

NRS 289.020           Punitive action prohibited for exercise of rights under internal procedure; opportunity for hearing; right to representation; refusal to cooperate in criminal investigation punishable as insubordination.

NRS 289.025           Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions.

NRS 289.027           Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.

NRS 289.030           Law enforcement agency prohibited from requiring peace officer to disclose financial information; exception.

NRS 289.035           Law enforcement agency prohibited from ordering, mandating or requiring peace officer to issue certain number of traffic citations or make certain number of arrests.

NRS 289.040           Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances.

NRS 289.050           Consequences of refusal to submit to polygraphic examination.

NRS 289.055           Establishment and availability of written procedures for investigating complaints and allegations of misconduct.

NRS 289.057           Investigation of allegation of misconduct; suspension without pay; review of file by peace officer under certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action; reassignment of peace officer under certain circumstances.

NRS 289.060           Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings.

NRS 289.070           Use of polygraphic examination in investigation.

NRS 289.080           Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to notice of intent to recommend punitive action, to submit response to such recommendation and to review and copy investigation file upon appeal.

NRS 289.085           Inadmissibility of evidence obtained unlawfully during investigation; dismissal of administrative proceeding or civil action when evidence obtained unlawfully and in bad faith during investigation.

NRS 289.090           Inapplicability of certain provisions to investigation concerning alleged criminal activities.

NRS 289.092           Suspension without pay pending criminal prosecution; award of back pay under certain circumstances.

NRS 289.095           Investigation of motor vehicle crashes involving peace officers.

NRS 289.100           Limitations on application of chapter.

NRS 289.110           Report concerning improper governmental action; investigation of report; reprisal by employer prohibited.

NRS 289.120           Judicial relief available for aggrieved peace officer.

PERSONS POSSESSING POWERS OF PEACE OFFICERS

NRS 289.150           Sheriffs, their deputies and correctional officers; city and town marshals, police officers and correctional officers; court bailiffs and deputy marshals of certain district courts; constables and their deputies.

NRS 289.152           Persons employed as police officers by Indian tribe.

NRS 289.155           Persons appointed and employed by Supreme Court to provide for safety and security of justices and employees of Supreme Court and carry out duties prescribed by Chief Justice.

NRS 289.160           Security officers and other persons employed or appointed by local governments under certain circumstances.

NRS 289.170           Special investigators employed by Attorney General; investigators employed by district attorney.

NRS 289.175           Criminal investigators employed by Secretary of State.

NRS 289.180           Parole and probation officers; juvenile probation officers; alternative sentencing officers of department of alternative sentencing; director of juvenile services; Chief and parole officers of Youth Parole Bureau; director of department of juvenile justice services.

NRS 289.190           School police officers; other officers and employees of school district.

NRS 289.200           Officers and employees of state facilities for detention of children.

NRS 289.210           Legislative police.

NRS 289.220           Director, officers and designated employees of Department of Corrections; certain employees of detention facilities of metropolitan police department.

NRS 289.230           California correctional officer.

NRS 289.240           Certain employees of Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 289.250           Foresters and firewardens; arson investigators.

NRS 289.260           Rangers and employees of Division of State Parks of State Department of Conservation and Natural Resources.

NRS 289.270           Director and certain employees of Department of Public Safety; certain officers and employees of Office of the Military and Department of Motor Vehicles.

NRS 289.280           Game wardens.

NRS 289.290           Agricultural police officers appointed by State Department of Agriculture.

NRS 289.300           Investigator of Private Investigator’s Licensing Board; criminal investigator of State Contractors’ Board.

NRS 289.310           Commissioner of Insurance and chief deputy.

NRS 289.320           Certain designated employees of Nevada Transportation Authority.

NRS 289.330           Railroad police officer.

NRS 289.340           Taxicab field investigator or airport control officer designated by Taxicab Administrator; enforcement of certain provisions governing transportation network companies.

NRS 289.350           Members of police department of Nevada System of Higher Education.

NRS 289.355           Persons designated as enforcement agents by Cannabis Compliance Board.

NRS 289.360           Members and agents of Nevada Gaming Control Board; members of Nevada Gaming Commission.

ADVISORY REVIEW BOARDS

NRS 289.380           Creation by governing body of city or county; number, appointment and qualifications of members.

NRS 289.383           Creation by political subdivisions upon request from metropolitan police department; number, appointment and qualifications of members.

NRS 289.385           Limitation on jurisdiction; abridgement of contractual or statutory rights of peace officer prohibited.

NRS 289.387           Panel of board: Selection of members; powers and duties; proceedings; rights of officer investigated.

NRS 289.390           Panel of board: Oaths; subpoenas.

CERTIFICATION, TRAINING AND OPERATIONS

General Provisions

NRS 289.450           Definitions.

NRS 289.460           “Category I peace officer” defined.

NRS 289.470           “Category II peace officer” defined.

NRS 289.480           “Category III peace officer” defined.

NRS 289.490           “Commission” defined.

Administration

NRS 289.500           Peace Officers’ Standards and Training Commission: Creation; membership; terms and compensation of members.

NRS 289.510           Peace Officers’ Standards and Training Commission: Powers and duties; regulations. [Effective through December 31, 2021.]

NRS 289.510           Peace Officers’ Standards and Training Commission: Powers and duties; regulations. [Effective January 1, 2022, through December 31, 2022.]

NRS 289.510           Peace Officers’ Standards and Training Commission: Powers and duties; regulations. [Effective January 1, 2023.]

NRS 289.520           Executive Director: Appointment; qualifications; classification; restrictions on other employment; removal.

NRS 289.530           Powers of Executive Director.

NRS 289.540           Account for the Training of Peace Officers: Creation; administration; acceptance of gifts, donations, bequests, grants, money or other financial assistance; expenditures.

Peace Officers

NRS 289.550           Persons required to be certified by Peace Officers’ Standards and Training Commission; period by which certification is required.

NRS 289.555           Person convicted of felony not qualified to serve as peace officer.

NRS 289.560           Application for certification as peace officer to include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 289.570           Submission of statement by applicant for certification as peace officer regarding payment of child support; grounds for denial of certification; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 289.580           Suspension of certification as peace officer for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 289.590           Training in proper use of choke hold as condition of certification; annual training and recertification; regulations. [Repealed.]

NRS 289.595           Training in effective responses to incidents involving dogs or where dogs are present; adoption of policies and regulations.

NRS 289.600           Training in dealing with crimes of stalking and aggravated stalking as condition of certification.

NRS 289.605           Training in identifying and interacting with persons with developmental disabilities as condition of certification.

Law Enforcement Dispatchers

NRS 289.650           Voluntary program for training; certification of instructors and law enforcement dispatchers; regulations.

Behavioral Health Issues

NRS 289.675           Behavioral health field response grant program.

NRS 289.680           Policies and procedures for interacting with persons suffering from behavioral health issues; use of behavioral health specialists.

MISCELLANEOUS PROVISIONS

NRS 289.800           Reimbursement for cost to repair or replace uniform, accessories or safety equipment damaged or destroyed in performance of duties.

NRS 289.810           Peace officer prohibited from using choke hold; exceptions; agencies required to adopt regulations. [Repealed.]

NRS 289.820           Peace officer prohibited from engaging in racial profiling; retaliatory or punitive action prohibited against peace officer for disclosure of information concerning racial profiling.

NRS 289.823           Requirement for law enforcement agency to establish early warning system to identify peace officers who display bias indicators or other problematic behavior; duties of law enforcement agency upon such identification.

NRS 289.825           Requirement for law enforcement agency to adopt written policy regarding drug and alcohol testing of peace officer following certain actions.

NRS 289.827           Requirement for law enforcement agency to adopt written policy concerning use of issued mobile devices; approval of certain mobile applications by law enforcement agency for official use on mobile device prohibited.

NRS 289.830           Certain law enforcement agencies shall require certain peace officers to wear portable event recording device while on duty; adoption of policies and procedures governing use; request for and inspection of record made by device.

NRS 289.840           Notification of Handle with Care Program when certain children are exposed to certain traumatic events.

_________

GENERAL PROVISIONS

      NRS 289.010  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Administrative file” means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an investigation conducted pursuant to NRS 289.057 or a criminal investigation of a peace officer.

      2.  “Law enforcement agency” means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

      (a) Has a duty to enforce the law; and

      (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      3.  “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      4.  “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

      (Added to NRS by 1983, 2096; A 1989, 1582; 1993, 2525; 1999, 182, 2424; 2005, 621; 2019, 534, 2660; 2020, 32nd Special Session, 71)

RIGHTS OF PEACE OFFICERS

      NRS 289.020  Punitive action prohibited for exercise of rights under internal procedure; opportunity for hearing; right to representation; refusal to cooperate in criminal investigation punishable as insubordination.

      1.  A law enforcement agency shall not use punitive action against a peace officer if the peace officer chooses to exercise the peace officer’s rights under any internal administrative grievance procedure.

      2.  If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against the peace officer, a law enforcement agency shall provide the peace officer with an opportunity for a hearing.

      3.  If a peace officer requests representation while being questioned by a superior officer on any matter that the peace officer reasonably believes could result in punitive action, the questioning must cease immediately and the peace officer must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative before the questioning may resume.

      4.  If a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.

      (Added to NRS by 1983, 2098; A 2019, 2661; 2020, 32nd Special Session, 76)

      NRS 289.025  Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions.

      1.  Except as otherwise provided in subsections 2 and 3 and NRS 239.0115, the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential.

      2.  The photograph of a peace officer may be released:

      (a) If the peace officer authorizes the release; or

      (b) If the peace officer has been arrested.

      3.  The home address of a peace officer may be released if a peace officer has been arrested and the home address is included in any of the following:

      (a) A report of a 911 telephone call.

      (b) A police report, investigative report or complaint which a person filed with a law enforcement agency.

      (c) A statement made by a witness.

      (d) A report prepared pursuant to NRS 432B.540 by an agency which provides child welfare services, which report details a plan for the placement of a child.

      (Added to NRS by 2005, 621; A 2007, 2087, 2815)

      NRS 289.027  Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.

      1.  Each law enforcement agency shall adopt policies and procedures that provide for the orderly and safe acceptance of service of certain subpoenas served on a peace officer employed by the law enforcement agency.

      2.  A subpoena to be served upon a peace officer that is authorized to be served upon a law enforcement agency in accordance with the policies and procedures adopted pursuant to subsection 1 may be served in the manner provided by those policies and procedures.

      (Added to NRS by 2007, 2815)

      NRS 289.030  Law enforcement agency prohibited from requiring peace officer to disclose financial information; exception.  A law enforcement agency shall not require any peace officer to disclose the peace officer’s assets, debts, sources of income or other financial information or make such a disclosure a condition precedent to a promotion, job assignment or other personnel action unless that information is necessary to:

      1.  Determine the peace officer’s credentials for transfer to a specialized unit;

      2.  Prevent any conflict of interest which may result in any new assignment; or

      3.  Determine whether the peace officer is engaged in unlawful activity.

      (Added to NRS by 1983, 2096)

      NRS 289.035  Law enforcement agency prohibited from ordering, mandating or requiring peace officer to issue certain number of traffic citations or make certain number of arrests.  A law enforcement agency shall not order, mandate or require a peace officer to issue a certain number of traffic citations or make a certain number of arrests over any period.

      (Added to NRS by 2021, 3418)

      NRS 289.040  Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances.

      1.  Except as otherwise provided in subsection 3, a law enforcement agency shall not place any unfavorable comment or document in any administrative file of a peace officer maintained by the law enforcement agency unless:

      (a) The peace officer has read and initialed the comment or document; or

      (b) If the peace officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document.

      2.  If the peace officer submits to the law enforcement agency a written response within 30 days after the peace officer is asked to initial the comment or document, the peace officer’s response must be attached to and accompany the comment or document.

      3.  If a peace officer is the subject of an investigation of a complaint or allegation conducted pursuant to NRS 289.057, the law enforcement agency may place into any administrative file relating to the peace officer only:

      (a) A copy of the disposition of the allegation of misconduct if the allegation is sustained; and

      (b) A copy of the notice of or statement of adjudication of any punitive or remedial action taken against the peace officer.

      4.  A peace officer must be given a copy of any comment or document that is placed in an administrative file of the peace officer maintained by the law enforcement agency.

      5.  Upon request, a peace officer may review any administrative file of that peace officer maintained by the law enforcement agency that does not relate to a current investigation.

      (Added to NRS by 1983, 2097; A 1991, 2213; 2005, 621)

      NRS 289.050  Consequences of refusal to submit to polygraphic examination.

      1.  If a peace officer refuses to submit to a polygraphic examination:

      (a) No law enforcement agency may take any disciplinary or retaliatory action against the peace officer; and

      (b) No investigator may make a notation of such a refusal in the investigator’s report or in any other manner maintain evidence of such a refusal.

      2.  Evidence of any refusal by a peace officer to submit to a polygraphic examination is not admissible at any subsequent hearing, trial or other judicial or administrative proceeding.

      (Added to NRS by 1983, 2097; A 2001, 1663)

      NRS 289.055  Establishment and availability of written procedures for investigating complaints and allegations of misconduct.  Each agency in this State that employs peace officers shall:

      1.  Establish written procedures for investigating any complaint or allegation of misconduct made or filed against a peace officer employed by the agency; and

      2.  Make copies of the written procedures established pursuant to subsection 1 available to the public.

      (Added to NRS by 1999, 948)

      NRS 289.057  Investigation of allegation of misconduct; suspension without pay; review of file by peace officer under certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action; reassignment of peace officer under certain circumstances.

      1.  Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Any such investigation of a peace officer must be commenced by the law enforcement agency within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the complaint or allegation is filed with the law enforcement agency more than 5 years after the activities of the peace officer occurred.

      2.  Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

      3.  After the conclusion of the investigation:

      (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

      (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

      4.  A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending.

      (Added to NRS by 2005, 620; A 2007, 422; 2011, 1750; 2019, 2661; 2020, 32nd Special Session, 76)

      NRS 289.060  Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings.

      1.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 48 hours before any interrogation or hearing is held relating to an investigation conducted pursuant to NRS 289.057, provide a written notice to the peace officer who is the subject of the investigation. If the law enforcement agency believes that any other peace officer has any knowledge of any fact relating to the complaint or allegation against the peace officer who is the subject of the investigation, the law enforcement agency shall provide a written notice to the peace officer advising the peace officer that he or she must appear and be interviewed as a witness in connection with the investigation. Any peace officer who serves as a witness during an interview must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative authorized by NRS 289.080. Any peace officer specified in this subsection may waive the notice required pursuant to this section.

      2.  The notice provided to the peace officer who is the subject of the investigation must include:

      (a) A description of the nature of the investigation;

      (b) A summary of alleged misconduct of the peace officer;

      (c) The date, time and place of the interrogation or hearing;

      (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation or hearing;

      (e) The name of any other person who will be present at any interrogation or hearing; and

      (f) A statement setting forth the provisions of subsection 1 of NRS 289.080.

      3.  The law enforcement agency shall:

      (a) Interview or interrogate the peace officer during the peace officer’s regular working hours, if reasonably practicable, or revise the peace officer’s work schedule to allow any time that is required for the interview or interrogation to be deemed a part of the peace officer’s regular working hours. Any such time must be calculated based on the peace officer’s regular wages for his or her regularly scheduled working hours. If the peace officer is not interviewed or interrogated during his or her regular working hours or if his or her work schedule is not revised pursuant to this paragraph and the law enforcement agency notifies the peace officer to appear at a time when he or she is off duty, the peace officer must be compensated for appearing at the interview or interrogation based on the wages and any other benefits the peace officer is entitled to receive for appearing at the time set forth in the notice.

      (b) Immediately before any interrogation or hearing begins, inform the peace officer who is the subject of the investigation orally on the record that:

             (1) The peace officer is required to provide a statement and answer questions related to the peace officer’s alleged misconduct; and

             (2) If the peace officer fails to provide such a statement or to answer any such questions, the agency may charge the peace officer with insubordination.

      (c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer who is the subject of the investigation. If any evidence is discovered during the course of an investigation or hearing which establishes or may establish any other possible misconduct engaged in by the peace officer, the law enforcement agency shall notify the peace officer of that fact and shall not conduct any further interrogation of the peace officer concerning the possible misconduct until a subsequent notice of that evidence and possible misconduct is provided to the peace officer pursuant to this chapter.

      (d) Allow the peace officer who is the subject of the investigation or who is a witness in the investigation to explain an answer or refute a negative implication which results from questioning during an interview, interrogation or hearing.

      4.  If a peace officer provides a statement or answers a question relating to the alleged misconduct of a peace officer who is the subject of an investigation pursuant to NRS 289.057 after the peace officer is informed that failing to provide the statement or answer may result in punitive action against him or her, the statement or answer must not be used against the peace officer who provided the statement or answer in any subsequent criminal proceeding.

      (Added to NRS by 1983, 2097; A 1993, 2379; 2005, 622; 2011, 1750)

      NRS 289.070  Use of polygraphic examination in investigation.

      1.  During an investigation conducted pursuant to NRS 289.057, the peace officer against whom the allegation is made may, but is not required to, submit to a polygraphic examination concerning such activities.

      2.  A person who makes an allegation against a peace officer pursuant to NRS 289.057 may not be required to submit to a polygraphic examination as a condition to the investigation of the person’s allegation, but may request or agree to be given a polygraphic examination. If such a person requests or agrees to be given a polygraphic examination, such an examination must be given.

      3.  If a polygraphic examination is given to a peace officer pursuant to this section, a sound or video recording must be made of the polygraphic examination, the preliminary interview and the postexamination interview. Before the opinion of the polygraphic examiner regarding the peace officer’s veracity may be considered in a disciplinary action, all records, documents and recordings resulting from the polygraphic examination must be made available for review by one or more polygraphic examiners licensed or qualified to be licensed in this State who are acceptable to the law enforcement agency and to the officer. If the opinion of a reviewing polygraphic examiner does not agree with the initial polygraphic examiner’s opinion, the peace officer must be allowed to be reexamined by a polygraphic examiner of the peace officer’s choice who is licensed or qualified to be licensed in this State.

      4.  The opinion of a polygraphic examiner regarding the peace officer’s veracity may not be considered in a disciplinary action unless the polygraphic examination was conducted in a manner which complies with the provisions of chapter 648 of NRS. In any event, the law enforcement agency shall not use a polygraphic examiner’s opinion regarding the veracity of the peace officer as the sole basis for disciplinary action against the peace officer.

      (Added to NRS by 1983, 2097; A 1989, 1582; 2001, 1663; 2005, 622)

      NRS 289.080  Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to notice of intent to recommend punitive action, to submit response to such recommendation and to review and copy investigation file upon appeal.

      1.  Except as otherwise provided in subsection 5, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer.

      2.  Except as otherwise provided in subsection 5, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.

      3.  A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing.

      4.  The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.

      5.  A representative must not otherwise be connected to, or the subject of, the same investigation.

      6.  Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed.

      7.  Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:

      (a) Request of the peace officer; or

      (b) Lawful order of a court of competent jurisdiction.

Ê A law enforcement agency shall not take punitive action against a representative for the representative’s failure or refusal to disclose such information.

      8.  The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the digital or magnetic tape.

      9.  After the conclusion of the investigation, if a law enforcement agency intends to recommend that punitive action be imposed against the peace officer who was the subject of the investigation, the law enforcement agency must notify the peace officer of such fact and give the peace officer or any representative of the peace officer a reasonable opportunity to inspect any evidence in the possession of the law enforcement agency and submit a response. The law enforcement agency must consider any such response before making a recommendation to impose punitive action against the peace officer. If the law enforcement agency recommends punitive action be imposed against the peace officer and the peace officer appeals the recommendation to impose punitive action, the peace officer or any representative of the peace officer may review and copy the entire file concerning the internal investigation, including, without limitation, any evidence, recordings, notes, transcripts of interviews and documents contained in the file.

      (Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380; 2005, 623; 2011, 1752; 2019, 2662; 2020, 32nd Special Session, 77)

      NRS 289.085  Inadmissibility of evidence obtained unlawfully during investigation; dismissal of administrative proceeding or civil action when evidence obtained unlawfully and in bad faith during investigation.  If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer. If the arbitrator or court further determines that such evidence was obtained by a law enforcement agency in bad faith, the arbitrator or court must dismiss the administrative proceeding or civil action with prejudice.

      (Added to NRS by 2005, 621; A 2019, 2663; 2020, 32nd Special Session, 78; 2021, 3418)

      NRS 289.090  Inapplicability of certain provisions to investigation concerning alleged criminal activities.  The provisions of subsections 2, 3 and 4 of NRS 289.057 and NRS 289.060, 289.070 and 289.080 do not apply to any investigation which concerns alleged criminal activities.

      (Added to NRS by 1983, 2098; A 2005, 624; 2019, 2663; 2020, 32nd Special Session, 79)

      NRS 289.092  Suspension without pay pending criminal prosecution; award of back pay under certain circumstances.  If a law enforcement agency suspends a peace officer without pay pending the outcome of a criminal prosecution, the law enforcement agency shall award the peace officer back pay for the duration of the suspension if:

      1.  The charges against the peace officer are dismissed;

      2.  The peace officer is found not guilty at trial; or

      3.  The peace officer is not subjected to punitive action in connection with the alleged misconduct.

      (Added to NRS by 2019, 2660)

      NRS 289.095  Investigation of motor vehicle crashes involving peace officers.

      1.  In a county whose population is 100,000 or more, each law enforcement agency shall adopt policies and procedures to govern the investigation of motor vehicle crashes in which a peace officer employed by the law enforcement agency is involved. The policies and procedures must include, without limitation, a requirement that if such a motor vehicle crash results in a fatal injury to any person, the motor vehicle crash must be investigated by a law enforcement agency other than the law enforcement agency that employs the peace officer involved in the crash unless:

      (a) Another law enforcement agency does not have comparable equipment and personnel to investigate the crash at least as effectively as the law enforcement agency that employs the peace officer involved in the motor vehicle crash;

      (b) Another law enforcement agency is unavailable to investigate the motor vehicle crash; or

      (c) Investigation of the motor vehicle crash by another law enforcement agency would delay the initiation of the investigation such that the integrity of the crash scene and preservation and collection of evidence may be jeopardized by such a delay.

      2.  This section does not prohibit a law enforcement agency in a county whose population is 100,000 or more from entering into agreements for cooperation with agencies in other jurisdictions for the investigation of motor vehicle crashes in which a peace officer of the law enforcement agency is involved.

      (Added to NRS by 2013, 615; A 2015, 1664)

      NRS 289.100  Limitations on application of chapter.

      1.  This chapter does not prohibit any agreements for cooperation between the law enforcement agency and agencies in other jurisdictions.

      2.  This chapter does not affect any procedures which have been adopted by the law enforcement agency if those procedures provide the same or greater rights than provided for in this chapter.

      (Added to NRS by 1983, 2098)

      NRS 289.110  Report concerning improper governmental action; investigation of report; reprisal by employer prohibited.

      1.  A peace officer may disclose information regarding improper governmental action by filing a report with:

      (a) The district attorney of the county in which the improper governmental action occurred; or

      (b) The Attorney General if the district attorney referred to in paragraph (a) is involved in the improper governmental action.

      2.  Upon the filing of a report pursuant to subsection 1, the district attorney or Attorney General may investigate the report and determine whether improper governmental action did occur. Upon the completion of the investigation the district attorney or Attorney General:

      (a) If the district attorney or Attorney General determines that improper governmental action did occur, may prosecute the violation. The Attorney General may prosecute such a violation if the district attorney fails or refuses so to act.

      (b) Shall notify the peace officer who filed the report of the results of the investigation.

      3.  The employer of a peace officer shall not take any reprisal or retaliatory action against a peace officer who in good faith files a report pursuant to subsection 1.

      4.  Nothing in this section authorizes a person to disclose information if disclosure is otherwise prohibited by law.

      5.  This section does not apply to a peace officer who is employed by the State.

      6.  As used in this section, “improper governmental action” means any action taken by an officer or employee of a law enforcement agency, while in the performance of the officer’s or employee’s official duties which is in violation of any state law or regulation.

      (Added to NRS by 1991, 2212)

      NRS 289.120  Judicial relief available for aggrieved peace officer.  Any peace officer aggrieved by an action of the employer of the peace officer in violation of this chapter may, after exhausting any applicable internal grievance procedures, grievance procedures negotiated pursuant to chapter 288 of NRS and other administrative remedies, apply to the district court for judicial relief. If the court determines that the employer has violated a provision of this chapter, the court shall order appropriate injunctive or other extraordinary relief to prevent the further occurrence of the violation and the taking of any reprisal or retaliatory action by the employer against the peace officer.

      (Added to NRS by 1991, 2213)

PERSONS POSSESSING POWERS OF PEACE OFFICERS

      NRS 289.150  Sheriffs, their deputies and correctional officers; city and town marshals, police officers and correctional officers; court bailiffs and deputy marshals of certain district courts; constables and their deputies.  The following persons have the powers of a peace officer:

      1.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers.

      2.  Marshals, police officers and correctional officers of cities and towns.

      3.  The bailiff of the Supreme Court.

      4.  The bailiffs and deputy marshals of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests.

      5.  Subject to the provisions of NRS 258.070, constables and their deputies.

      (Added to NRS by 1993, 2520; A 2007, 2191; 2015, 2521)

      NRS 289.152  Persons employed as police officers by Indian tribe.

      1.  In accordance with the provisions of NRS 41.430 and 194.040, a person employed as a police officer by an Indian tribe may exercise the powers of a peace officer.

      2.  Before any officer pursuant to subsection 1 shall exercise the powers of a peace officer, he or she must be certified as a category I peace officer by the Peace Officers’ Standards and Training Commission.

      3.  The authority of an officer pursuant to subsection 1 to exercise the powers of a peace officer is limited to the boundaries of the Indian reservation or Indian colony, unless a county sheriff and the Indian tribe, in consultation, execute a written agreement. Such an agreement must include, without limitation:

      (a) The respective rights and responsibilities of the county sheriff, the Indian tribe and any law enforcement agency pursuant to subsection 4; and

      (b) The authority of the officer to act within the geographic boundaries of the county.

      4.  The county sheriff shall have jurisdiction and authority to execute a written agreement with an Indian tribe pursuant to subsection 3 on behalf of all law enforcement agencies who have authority to act within the geographic boundaries of the county, and such an agreement shall unilaterally bind all such law enforcement agencies to the terms of the written agreement.

      5.  For the purpose of this section, a law enforcement agency pursuant to subsection 4:

      (a) Is deemed to have consented to:

             (1) The jurisdiction and authority of the county sheriff to execute a written agreement pursuant to subsection 3 on behalf of the law enforcement agency; and

             (2) All of the terms of the written agreement executed pursuant to subsection 3; and

      (b) Shall not independently execute a written agreement with an Indian tribe for any purpose set forth in this section.

      6.  Nothing in this section impairs or affects the existing status and sovereignty of an Indian tribe as established under the laws of the United States.

      7.  As used in this section:

      (a) “Category I peace officer” has the meaning ascribed to it in NRS 289.460.

      (b) “Indian tribe” means any tribe, band, nation or other organized group or community of Indians which is recognized as eligible for the special programs and services provided by the United States to native Indians because of their status as native Indians and has executed a written agreement with the Peace Officers’ Standards and Training Commission.

      (c) “Law enforcement agency” means a metropolitan police department or the police department of an incorporated city.

      (d) “Written agreement” includes, without limitation, an interlocal agreement or memorandum of understanding executed between a county sheriff and an Indian tribe.

      (Added to NRS by 2019, 533)

      NRS 289.155  Persons appointed and employed by Supreme Court to provide for safety and security of justices and employees of Supreme Court and carry out duties prescribed by Chief Justice.  Any person appointed and employed by the Supreme Court pursuant to NRS 2.295 has the powers of a peace officer pursuant to NRS 289.460 when the person is carrying out duties prescribed by the Chief Justice.

      (Added to NRS by 2011, 79)

      NRS 289.160  Security officers and other persons employed or appointed by local governments under certain circumstances.

      1.  A security officer employed:

      (a) Pursuant to NRS 244.167 by a board of county commissioners; or

      (b) Pursuant to NRS 266.323 by the governing body of a city,

Ê has the powers of a peace officer when the security officer is carrying out duties prescribed by ordinance.

      2.  A person appointed pursuant to subsection 1 of NRS 269.235 by a town board or board of county commissioners has the powers of a peace officer.

      3.  Police officers and special police officers appointed pursuant to subsection 5 of NRS 269.240 have, within the limits of the unincorporated town, the powers of making arrests which are exercised by a peace officer according to the laws of this State.

      (Added to NRS by 1993, 2520)

      NRS 289.170  Special investigators employed by Attorney General; investigators employed by district attorney.  Special investigators employed by the Attorney General and investigators employed by a district attorney have the powers of a peace officer.

      (Added to NRS by 1993, 2520)

      NRS 289.175  Criminal investigators employed by Secretary of State.  Criminal investigators employed by the Secretary of State have the powers of a peace officer.

      (Added to NRS by 1999, 182)

      NRS 289.180  Parole and probation officers; juvenile probation officers; alternative sentencing officers of department of alternative sentencing; director of juvenile services; Chief and parole officers of Youth Parole Bureau; director of department of juvenile justice services.

      1.  The following persons have the powers of a peace officer:

      (a) The Chief Parole and Probation Officer appointed pursuant to NRS 213.1092;

      (b) Assistant parole and probation officers appointed pursuant to NRS 213.1095;

      (c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and

      (d) Assistant alternative sentencing officers of a department of alternative sentencing.

      2.  A juvenile probation officer or assistant juvenile probation officer whose official duties require such officer to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      3.  A director of juvenile services has the powers of a peace officer in the director’s judicial district when performing duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      4.  The Chief of the Youth Parole Bureau of the Division of Child and Family Services in the Department of Health and Human Services and the parole officers of the Bureau have the powers of a peace officer in carrying out the functions of the Bureau.

      5.  A director of a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 has the powers of a peace officer in the county when carrying out duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

      (Added to NRS by 1993, 2520; A 1995, 703, 873; 1997, 1480; 2003, 1133)

      NRS 289.190  School police officers; other officers and employees of school district.

      1.  A person employed or appointed to serve as a school police officer pursuant to subsection 5 of NRS 391.281 has the powers of a peace officer. A school police officer shall perform the officer’s duties in compliance with the provisions of NRS 171.1223.

      2.  A person appointed pursuant to NRS 393.0718 by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.

      3.  Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of chapter 392 of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.

      (Added to NRS by 1993, 2521; A 2001, 1870, 2484; 2003, 102; 2015, 3838; 2017, 2072, 3165)

      NRS 289.200  Officers and employees of state facilities for detention of children.  Officers and employees of the Nevada Youth Training Center, the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS have the powers of a peace officer so far as necessary to arrest children who have escaped from that facility.

      (Added to NRS by 1993, 2521; A 2003, 1133)

      NRS 289.210  Legislative police.  A legislative police officer of the State of Nevada has the powers of a peace officer when carrying out duties prescribed by the Legislative Commission.

      (Added to NRS by 1993, 2521; A 1995, 703, 2306)

      NRS 289.220  Director, officers and designated employees of Department of Corrections; certain employees of detention facilities of metropolitan police department.

      1.  The Director of the Department of Corrections, the Inspector General of the Department, a person employed by the Department as a criminal investigator and any officer or employee of the Department so designated by the Director have the powers of a peace officer when performing duties prescribed by the Director. For the purposes of this subsection, the duties which may be prescribed by the Director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the institutions and facilities of the Department.

      2.  A person appointed pursuant to NRS 211.115 to administer detention facilities or a jail, and his or her subordinate jailers, corrections officers and other employees whose duties involve law enforcement have the powers of a peace officer.

      (Added to NRS by 1993, 2521; A 2001 Special Session, 235; 2009, 637)

      NRS 289.230  California correctional officer.  When, pursuant to California law, a California correctional officer has in the officer’s custody in Nevada a prisoner of the State of California, the correctional officer may maintain custody of the prisoner in Nevada and retake the prisoner if the prisoner should escape in Nevada, to the same extent as if the correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to the officer’s custody in proceedings under Nevada law.

      (Added to NRS by 1993, 2522)

      NRS 289.240  Certain employees of Division of Public and Behavioral Health of Department of Health and Human Services.  Forensic technicians and correctional officers employed by the Division of Public and Behavioral Health of the Department of Health and Human Services at facilities for offenders with mental disorders have the powers of peace officers when performing duties prescribed by the Administrator of the Division.

      (Added to NRS by 1993, 843; A 1999, 113)

      NRS 289.250  Foresters and firewardens; arson investigators.

      1.  The following persons have only those powers of a peace officer necessary to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire:

      (a) Paid foresters and firewardens appointed pursuant to paragraph (a) of subsection 2 of NRS 472.040.

      (b) Citizen-wardens appointed pursuant to paragraph (b) of subsection 2 of NRS 472.040.

      (c) Voluntary firewardens appointed pursuant to paragraph (c) of subsection 2 of NRS 472.040.

      2.  A paid forester or firewarden appointed as an arson investigator pursuant to paragraph (d) of subsection 2 of NRS 472.040 has the powers of a peace officer.

      3.  An arson investigator designated as a peace officer pursuant to:

      (a) Paragraph (c) of subsection 1 of NRS 244.2961; or

      (b) Subsection 3 of NRS 266.310,

Ê has the powers of a peace officer.

      (Added to NRS by 1993, 2522; A 2011, 723)

      NRS 289.260  Rangers and employees of Division of State Parks of State Department of Conservation and Natural Resources.

      1.  Rangers and employees of the Division of State Parks of the State Department of Conservation and Natural Resources have, at the discretion of the Administrator of the Division, the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the Division.

      2.  An employee of the Division of State Parks of the State Department of Conservation and Natural Resources appointed or designated pursuant to paragraph (b) of subsection 1 of NRS 407.065 has the powers of a peace officer.

      (Added to NRS by 1993, 2522; A 1999, 979)

      NRS 289.270  Director and certain employees of Department of Public Safety; certain officers and employees of Office of the Military and Department of Motor Vehicles.

      1.  The following persons have the powers of a peace officer:

      (a) The Director of the Department of Public Safety.

      (b) The chiefs of the divisions of the Department of Public Safety.

      (c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.

      (d) The sworn personnel of the Department of Public Safety.

      (e) The Chief of the Division of Emergency Management of the Office of the Military.

      2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

      3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

      (Added to NRS by 1993, 2522; A 1995, 2306; 1997, 3263; 1999, 1255, 3128, 3591, 3595; 2001, 2593; 2003, 2525; 2005, 673; 2011, 724; 2015, 224; 2019, 1077; 2021, 2090)

      NRS 289.280  Game wardens.  A person designated as a game warden pursuant to NRS 501.349 is a peace officer for the purposes of:

      1.  The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of title 45 of NRS and chapter 488 of NRS.

      2.  The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to title 45 of NRS and chapter 488 of NRS.

      (Added to NRS by 1993, 2523)

      NRS 289.290  Agricultural police officers appointed by State Department of Agriculture.

      1.  An agricultural police officer appointed by the Director of the State Department of Agriculture pursuant to NRS 561.225 is a peace officer for the purposes of:

      (a) The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.

      (b) The enforcement of all laws of the State of Nevada while he or she is performing his or her duties pursuant to titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.

      2.  Before any officer described in subsection 1 may exercise the powers of a peace officer, he or she must be certified as a category I peace officer by the Peace Officers’ Standards and Training Commission.

      (Added to NRS by 1993, 2523; A 1995, 703; 1999, 3621; 2001, 1728; 2003, 2166; 2005, 1104; 2013, 1800; 2021, 1907)

      NRS 289.300  Investigator of Private Investigator’s Licensing Board; criminal investigator of State Contractors’ Board.

      1.  A person employed as an investigator by the Private Investigator’s Licensing Board pursuant to NRS 648.025 has the powers of a peace officer.

      2.  A person employed as a criminal investigator by the State Contractors’ Board pursuant to NRS 624.112 has the powers of a peace officer to carry out the person’s duties pursuant to subsection 2 of NRS 624.115.

      (Added to NRS by 1993, 2523; A 1995, 304; 1999, 2967; 2003, 1905)

      NRS 289.310  Commissioner of Insurance and chief deputy.  The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance are peace officers for the limited purposes of obtaining and exchanging information on applicants and licensees under title 57 of NRS.

      (Added to NRS by 1993, 2523)

      NRS 289.320  Certain designated employees of Nevada Transportation Authority.  An employee of the Nevada Transportation Authority whom it designates as an inspector is a peace officer and has police power for the enforcement of the provisions of:

      1.  Chapters 706 and 712 of NRS and all regulations of the Nevada Transportation Authority or the Department of Motor Vehicles pertaining thereto; and

      2.  Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.

      (Added to NRS by 1993, 2523; A 1997, 1987; 2001, 2594; 2007, 2052)

      NRS 289.330  Railroad police officer.  A person commissioned and appointed to serve as a railroad police officer pursuant to subsection 1 of NRS 705.220 has the powers of a peace officer upon the premises or property owned or operated by the railroad company which employs the railroad police officer.

      (Added to NRS by 1993, 2523)

      NRS 289.340  Taxicab field investigator or airport control officer designated by Taxicab Administrator; enforcement of certain provisions governing transportation network companies.  An employee designated by the Taxicab Administrator as:

      1.  A taxicab field investigator is a peace officer for the purposes of enforcing the provisions of chapter 706 of NRS. Such an investigator enforcing the provisions of subsection 1 of NRS 706A.280 pursuant to NRS 706.8818 must have probable cause that a driver is violating subsection 1 of NRS 706A.280 to initiate a traffic stop of the driver’s vehicle.

      2.  An airport control officer is a peace officer only when on duty at the airport.

      (Added to NRS by 1993, 2524; A 2017, 3839)

      NRS 289.350  Members of police department of Nevada System of Higher Education.

      1.  A person employed and compensated as a member of the police department of the Nevada System of Higher Education, when appointed pursuant to subsection 1 of NRS 396.325 and duly sworn, is a peace officer, but may exercise the officer’s power or authority only:

      (a) Upon the campuses of the Nevada System of Higher Education, including that area to the center line of public streets adjacent to a campus;

      (b) When in hot pursuit of a violator leaving such a campus or area;

      (c) In or about other grounds or properties of the Nevada System of Higher Education; or

      (d) Except as limited by subsection 2, in accordance with interlocal agreements entered into with other law enforcement agencies.

      2.  An interlocal agreement between the police department for the Nevada System of Higher Education and other law enforcement agencies may allow a peace officer of the police department of the Nevada System of Higher Education to exercise the officer’s power or authority:

      (a) On any public street that is adjacent to property owned by the Nevada System of Higher Education.

      (b) On any property that is consistently used by an organization whose recognition by the Nevada System of Higher Education is a necessary condition for its continued operation.

      (c) On any property that is rented or leased by the Nevada System of Higher Education for an event that is approved by the Nevada System of Higher Education.

      (d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.

      (Added to NRS by 1993, 2524)

      NRS 289.355  Persons designated as enforcement agents by Cannabis Compliance Board.  A person designated as an enforcement agent by the Cannabis Compliance Board is a peace officer for the purpose of the enforcement of the provisions of title 56 of NRS, including, without limitation, the prevention of unlicensed cannabis sales.

      (Added to NRS by 2019, 3866)

      NRS 289.360  Members and agents of Nevada Gaming Control Board; members of Nevada Gaming Commission.

      1.  For the purpose of the administration and enforcement of the provisions of chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of NRS, the members of the Nevada Gaming Control Board and the Nevada Gaming Commission and those agents of the Board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer.

      2.  An agent of the Nevada Gaming Control Board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the Peace Officers’ Standards and Training Commission, also has the powers of a peace officer when, during the performance of those duties:

      (a) A felony, gross misdemeanor or misdemeanor is committed or attempted in the agent’s presence; or

      (b) The agent is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of the agent’s presence.

      3.  For the purpose of protecting members of the Nevada Gaming Control Board and of the Nevada Gaming Commission and their families and property, and providing security at meetings of the Board and of the Commission, an agent of the Board whose duties include the enforcement of statutes or regulations has the powers of a peace officer.

      (Added to NRS by 1993, 2524; A 1999, 2425)

ADVISORY REVIEW BOARDS

      NRS 289.380  Creation by governing body of city or county; number, appointment and qualifications of members.

      1.  Except as otherwise provided in NRS 289.383, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.

      2.  A review board created pursuant to subsection 1 must consist of:

      (a) In a city whose population is 220,000 or more or a county whose population is 100,000 or more, 25 members; and

      (b) In a city whose population is less than 220,000 or a county whose population is less than 100,000, 12 members.

      3.  Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.

      4.  A person appointed to the review board must:

      (a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.

      (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.

      (Added to NRS by 1997, 2515; A 2001, 1974; 2005, 624; 2011, 1207)

      NRS 289.383  Creation by political subdivisions upon request from metropolitan police department; number, appointment and qualifications of members.

      1.  If a metropolitan police department has been formed pursuant to NRS 280.110, the metropolitan police committee on fiscal affairs may request the participating political subdivisions to create a review board to advise the committee on issues concerning peace officers employed by the metropolitan police department. The participating subdivisions may jointly create such a review board by mutual ordinances.

      2.  A review board created pursuant to subsection 1 must consist of 25 members, appointed from a list of names submitted by interested persons. The members of the metropolitan police committee on fiscal affairs who are representatives of the county shall appoint 13 members of the review board, and the members of the metropolitan police committee on fiscal affairs who are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members. If an insufficient number of names of interested persons are submitted, the members of the metropolitan police committee on fiscal affairs shall appoint the remaining members in the manner they deem appropriate.

      3.  A person appointed to the review board must:

      (a) Be a resident within the jurisdiction of the participating subdivisions for which the review board was created, except no member of the review board may be currently employed as a peace officer.

      (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers.

      (Added to NRS by 1997, 2516; A 2005, 624)

      NRS 289.385  Limitation on jurisdiction; abridgement of contractual or statutory rights of peace officer prohibited.  A review board created pursuant to NRS 289.380 or 289.383:

      1.  Does not have jurisdiction over any matter in which it is alleged that a crime has been committed.

      2.  Shall not abridge the rights of a peace officer, school police officer, constable or deputy of a constable that are granted pursuant to a collective bargaining agreement, a contract or any federal or state statute or regulation.

      (Added to NRS by 1997, 2516)

      NRS 289.387  Panel of board: Selection of members; powers and duties; proceedings; rights of officer investigated.

      1.  A review board that is created pursuant to paragraph (a) of subsection 2 of NRS 289.380 or pursuant to NRS 289.383 must meet in panels of five members to carry out its duties.

      2.  A review board that is created pursuant to paragraph (b) of subsection 2 of NRS 289.380 must meet in panels of three members to carry out its duties.

      3.  Members must be selected randomly to serve on a panel, and the panel shall select one of its members to serve as chair of the panel.

      4.  A panel of a review board created pursuant to NRS 289.380 or 289.383 may:

      (a) Refer a complaint against a peace officer, school police officer, constable or deputy of a constable to the employer of the peace officer, school police officer, constable or deputy of a constable.

      (b) Review an internal investigation of a peace officer, school police officer, constable or deputy of a constable within the jurisdiction of the governing body that created the review board and make recommendations regarding any disciplinary action against the peace officer, school police officer, constable or deputy of a constable that is recommended by his or her employer, including, without limitation:

             (1) Increasing or decreasing the recommended level of discipline; and

             (2) Exonerating the peace officer, school police officer, constable or deputy of a constable who has been the subject of the internal investigation.

      5.  The employer of a peace officer, school police officer, constable or deputy of a constable shall make available to a panel of the review board any personnel file or other material necessary for the panel to conduct a review.

      6.  When reviewing an internal investigation of a peace officer, school police officer, constable or deputy of a constable pursuant to subsection 4, the panel shall provide the peace officer, school police officer, constable or deputy of a constable with notice and an opportunity to be heard. The peace officer, school police officer, constable or deputy of a constable may represent himself or herself at the hearing before the panel or be represented by an attorney or other person of his or her own choosing. The review board, governing body and employer of the peace officer, school police officer, constable or deputy of a constable are not responsible for providing such representation.

      7.  The chair of a panel of a review board shall report the findings and recommendation of the panel regarding disciplinary action to the employer of the peace officer, school police officer, constable or deputy of a constable.

      8.  A police officer, school police officer, constable or deputy of a constable may appeal a recommendation made by a panel of the review board. The ordinance pursuant to which the review board is created must specify the manner for conducting appeals, and may provide for, if both parties agree, without limitation, mediation, conciliation or review by another panel of randomly selected members of the review board. If the appeal is heard by another panel of the review board, the determination made by the panel hearing the appeal is final and binding and is not subject to judicial review.

      9.  The findings and recommendation of a panel of the review board are public records unless otherwise declared confidential by state or federal law.

      10.  A proceeding of a panel of such a review board is closed to the public.

      (Added to NRS by 1997, 2516)

      NRS 289.390  Panel of board: Oaths; subpoenas.

      1.  A panel of a review board that is created pursuant to NRS 289.380 or 289.383 may:

      (a) Administer oaths;

      (b) Take testimony;

      (c) Within the scope of its jurisdiction, issue subpoenas to compel the attendance of witnesses to testify before the panel;

      (d) Require the production of books, papers and documents; and

      (e) Issue commissions to take testimony.

      2.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the panel may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.

      (Added to NRS by 1997, 2517)

CERTIFICATION, TRAINING AND OPERATIONS

General Provisions

      NRS 289.450  Definitions.  As used in NRS 289.450 to 289.680, inclusive, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 2419; A 2003, 2697; 2017, 231; 2019, 2096, 4462)

      NRS 289.460  “Category I peace officer” defined.  “Category I peace officer” means a peace officer who has unrestricted duties and who is not otherwise listed as a category II or category III peace officer.

      (Added to NRS by 1999, 2419)

      NRS 289.470  “Category II peace officer” defined.  “Category II peace officer” means:

      1.  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;

      2.  Subject to the provisions of NRS 258.070, constables and their deputies;

      3.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

      4.  Special investigators who are employed full-time by the office of any district attorney or the Attorney General;

      5.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      6.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;

      7.  Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      8.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

      9.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

      10.  Legislative police officers of the State of Nevada;

      11.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;

      12.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      13.  Field investigators of the Taxicab Authority;

      14.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

      15.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;

      16.  Agents of the Cannabis Compliance Board who exercise the powers of enforcement specified in NRS 289.355;

      17.  Criminal investigators who are employed by the Secretary of State; and

      18.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.

      (Added to NRS by 1999, 2419; A 2001, 1729, 2594; 2003, 180, 1133, 2526; 2009, 637; 2011, 79, 724; 2015, 2522; 2019, 3255, 3867; 2021, 1908)

      NRS 289.480  “Category III peace officer” defined.  “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection 18 of NRS 289.470.

      (Added to NRS by 1999, 2421; A 2001 Special Session, 236; 2009, 639; 2011, 80, 725; 2019, 3256; 2021, 1909)

      NRS 289.490  “Commission” defined.  “Commission” means the Peace Officers’ Standards and Training Commission.

      (Added to NRS by 1999, 2421)

Administration

      NRS 289.500  Peace Officers’ Standards and Training Commission: Creation; membership; terms and compensation of members.

      1.  The Peace Officers’ Standards and Training Commission, consisting of 11 members, is hereby created. The Governor shall appoint 9 members to the Commission as follows:

      (a) Two members from Clark County, one of whom must be from a metropolitan police department created pursuant to chapter 280 of NRS if one exists in Clark County;

      (b) One member from Washoe County;

      (c) Three members from counties other than Clark and Washoe Counties;

      (d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers;

      (e) One member who is a category II peace officer; and

      (f) One member who is a category III peace officer.

      2.  The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint to the Commission one member who is not a peace officer. A member appointed pursuant to this subsection must have demonstrated expertise in one or more of the following areas:

      (a) Implicit and explicit bias.

      (b) Cultural competency.

      (c) Mental health as it relates to policing and law enforcement engagement.

      (d) Working with children, elderly persons, persons who are pregnant, persons experiencing mental health crises, persons with physical, intellectual or developmental disabilities or persons from other vulnerable populations.

      3.  Members of the Commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The Governor shall make the appointments to the Commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this State and employee organizations that represent only peace officers of this State who are certified by the Commission.

      5.  In making the appointments to the Commission, the Governor, the Majority Leader of the Senate and the Speaker of the Assembly shall consider the racial, gender and ethnic diversity of the Commission.

      (Added to NRS by 1999, 2421; A 2005, 1105; 2007, 595; 2021, 495)

      NRS 289.510  Peace Officers’ Standards and Training Commission: Powers and duties; regulations. [Effective through December 31, 2021.]

      1.  The Commission:

      (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.

      (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.

      (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

             (1) Requirements for evaluations to be conducted during the recruitment and selection of peace officers, which must identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression;

             (2) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

             (3) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:

                   (I) Racial profiling;

                   (II) Mental health;

                   (III) The well being of officers;

                   (IV) Implicit bias recognition;

                   (V) De-escalation;

                   (VI) Human trafficking; and

                   (VII) Firearms.

             (4) Qualifications for instructors of peace officers; and

             (5) Requirements for the certification of a course of training.

      (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

      (e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.

      (f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.

      (g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.

      (h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

      (i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.

      2.  Regulations adopted by the Commission:

      (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

      (Added to NRS by 1999, 2421; A 2001, 1730; 2009, 2449; 2015, 831; 2019, 1009, 3495, 4462; 2021, 574)

      NRS 289.510  Peace Officers’ Standards and Training Commission: Powers and duties; regulations. [Effective January 1, 2022, through December 31, 2022.]

      1.  The Commission:

      (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:
(1) Requirements for evaluations to be conducted during the recruitment and selection of peace officers, which must identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression;
(2) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;
(3) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:
(I) Racial profiling;
(II) Mental health, including, without limitation, crisis intervention;
(III) The well being of officers;
(IV) Implicit bias recognition;
(V) De-escalation;
(VI) Human trafficking; and
(VII) Firearms.
(4) Qualifications for instructors of peace officers; and
(5) Requirements for the certification of a course of training.

      (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.
(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.
(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.
(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.

      2.  Regulations adopted by the Commission:

      (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

      (Added to NRS by 1999, 2421; A 2001, 1730; 2009, 2449; 2015, 831; 2019, 1009, 3495, 4462; 2021, 574, 950, effective January 1, 2022)

      NRS 289.510  Peace Officers’ Standards and Training Commission: Powers and duties; regulations. [Effective January 1, 2023.]

      1.  The Commission:

      (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

             (1) Requirements for evaluations to be conducted during the recruitment and selection of peace officers, which must identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression;
(2) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;
(3) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:
(I) Racial profiling;
(II) Mental health, including, without limitation, crisis intervention;
(III) The well being of officers;
(IV) Implicit bias recognition;
(V) De-escalation;
(VI) Human trafficking; and
(VII) Firearms.
(4) Qualifications for instructors of peace officers;
(5) Requirements for the certification of a course of training; and
(6) Standards for an annual behavioral wellness visit for peace officers to aid in preserving the emotional and mental health of the peace officer and assessing conditions that may affect the performance of duties by the peace officer.
(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.
(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.
(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.
(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.

      2.  Regulations adopted by the Commission:
(a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;
(c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and
(d) May require that training be carried on at institutions which it approves in those regulations.

      (Added to NRS by 1999, 2421; A 2001, 1730; 2009, 2449; 2015, 831; 2019, 1009, 3495, 4462; 2021, 551, 574, 950, effective January 1, 2023)

      NRS 289.520  Executive Director: Appointment; qualifications; classification; restrictions on other employment; removal.  The Commission, by majority vote of its members, shall appoint an Executive Director of the Commission. The Executive Director:

      1.  Must be selected with special reference to the person’s training, experience, capacity and interest in the field of administering laws and regulations relating to the training of peace officers.
2.  Is in the unclassified service of the State.
3.  Shall not pursue any other business or occupation, or perform any other duties of any other office of profit without the prior approval of the Commission.
4.  May be removed by the Commission, by a majority vote of its members, at any time for cause.

      (Added to NRS by 1999, 2422)

      NRS 289.530  Powers of Executive Director.  With the advice of the Commission, the Executive Director of the Commission may:

      1.  Appoint employees, agents, consultants and other staff of the Commission and prescribe their duties;
2.  Administer and direct the daily operation of the staff and resources of the Commission;
3.  Inspect academies for training peace officers, and issue and revoke certificates of approval to such academies;
4.  Certify qualified instructors for approved courses of training for peace officers and issue appropriate certificates to instructors;
5.  Certify peace officers who have satisfactorily completed courses of training for peace officers and issue basic, intermediate, advanced and management professional certificates to peace officers;
6.  Make recommendations to the Commission concerning the issuance of executive certificates;
7.  Cause annual audits to be made relating to the operation of academies for training peace officers;
8.  Consult and cooperate with academies for training peace officers concerning the development of the basic and advanced training programs for peace officers;
9.  Consult and cooperate with academies for training peace officers concerning the development of specialized courses of study in this State for peace officers in the areas of police science, police administration, corrections, probation, the social sciences and other related areas;
10.  Consult and cooperate with other departments and agencies of this State and of local governments concerning the training of peace officers;
11.  Report to the Commission at the regular meetings of the Commission and at such other times as the Commission may require, and recommend the denial, suspension or revocation of certification of a peace officer to the Commission as deemed necessary;
12.  Execute contracts on behalf of the Commission; and
13.  Perform any other acts necessary and appropriate to the carrying out of the duties of the Executive Director of the Commission.

      (Added to NRS by 1999, 2422)

      NRS 289.540  Account for the Training of Peace Officers: Creation; administration; acceptance of gifts, donations, bequests, grants, money or other financial assistance; expenditures.

      1.  An Account for the Training of Peace Officers is hereby created in the State General Fund. The Account must be administered by the Executive Director of the Commission. The Executive Director may apply for, accept and expend any gift, donation, bequest, grant or other source of money or other financial assistance from any person, association, corporation or other organization having an interest in the training of peace officers, and from the United States and any of its agencies or instrumentalities, for deposit in the Account. The money in the Account must be expended in accordance with the terms and conditions of the gift, donation, bequest or grant, or in accordance with subsection 2.

      2.  Except as otherwise provided in subsection 1, the money in the Account may be used only for the training of persons whose primary duty is law enforcement or for other purposes approved by the Commission.

      (Added to NRS by 1999, 2423)

Peace Officers

      NRS 289.550  Persons required to be certified by Peace Officers’ Standards and Training Commission; period by which certification is required.

      1.  Except as otherwise provided in subsection 2 and NRS 3.310, 4.353, 258.007 and 258.060, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

      2.  The following persons are not required to be certified by the Commission:

      (a) The Chief Parole and Probation Officer;
(b) The Director of the Department of Corrections;
(c) The Director of the Department of Public Safety, the deputy directors of the Department and the chiefs of the divisions of the Department other than the Investigation Division and the Nevada Highway Patrol;

      (d) The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance;
(e) Railroad police officers; and
(f) California correctional officers.

      (Added to NRS by 1999, 2423; A 2001, 1731, 2595; 2001 Special Session, 236; 2003, 289, 306; 2005, 674; 2007, 2192; 2011, 726; 2013, 2949; 2019, 1077)

      NRS 289.555  Person convicted of felony not qualified to serve as peace officer.  A person who has been convicted of a felony in this State or any other state is not qualified to serve as a category I peace officer, category II peace officer or category III peace officer regardless of whether the person has been restored to the person’s civil rights.

      (Added to NRS by 2003, 2697)

      NRS 289.560  Application for certification as peace officer to include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  An application for certification as a peace officer must include the social security number of the applicant.

      (Added to NRS by 1999, 2423)

      NRS 289.570  Submission of statement by applicant for certification as peace officer regarding payment of child support; grounds for denial of certification; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for certification as a peace officer shall submit to the Peace Officers’ Standards and Training Commission the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Commission shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance of the certification; or
(b) A separate form prescribed by the Commission.

      3.  An applicant may not be certified by the Commission if the applicant for certification:

      (a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commission shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1999, 2423)

      NRS 289.580  Suspension of certification as peace officer for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Peace Officers’ Standards and Training Commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a peace officer, the Commission shall deem the person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Peace Officers’ Standards and Training Commission shall reinstate a certification as a peace officer that has been suspended by a district court pursuant to NRS 425.540 if the Commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1999, 2424)

      NRS 289.590  Training in proper use of choke hold as condition of certification; annual training and recertification; regulations.  Repealed. (See chapter 4, Statutes of Nevada 2020, 32nd Special Session, at page 73.)

      NRS 289.595  Training in effective responses to incidents involving dogs or where dogs are present; adoption of policies and regulations.

      1.  Each law enforcement agency shall adopt policies setting forth when a peace officer who is employed by the agency is required to be trained in effective responses to incidents involving dogs or where dogs are present.

2.  In adopting the policies required by subsection 1, each law enforcement agency must consider the job descriptions, work environments and duties of the peace officers employed by the agency.

3.  Training for a peace officer who is required pursuant to subsection 1 to be trained in effective responses to incidents involving dogs or where dogs are present must include, without limitation:
(a) Differentiating between aggressive and nonthreatening dog behaviors;
(b) Nonlethal methods of handling potentially dangerous dogs;
(c) The role and capabilities of local animal control agencies; and
(d) Any related subjects the Commission deems appropriate.

      4.  The Commission shall adopt regulations regarding the minimum standards for training in effective responses to incidents involving dogs or where dogs are present.

      (Added to NRS by 2015, 448)

      NRS 289.600  Training in dealing with crimes of stalking and aggravated stalking as condition of certification.  As a condition of the certification of each peace officer, the Peace Officers’ Standards and Training Commission shall require each peace officer to be trained in dealing with the crimes of stalking and aggravated stalking, including, without limitation:

      1.  The manner in which a report from a person who claims to be a victim of stalking or aggravated stalking should be taken;
2.  The proper method of carrying out an investigation of alleged stalking or aggravated stalking; and
3.  The elements of the crimes of stalking and aggravated stalking.

      (Added to NRS by 1999, 1378; A 2001, 171)

      NRS 289.605  Training in identifying and interacting with persons with developmental disabilities as condition of certification.

      1.  The Peace Officers’ Standards and Training Commission shall require, as a condition of the certification of each peace officer, the completion of training concerning identifying and interacting with persons with developmental disabilities.

      2.  Training completed pursuant to this section also satisfies the requirement for such training prescribed by NRS 450B.160 or 450B.180, if applicable.

      3.  As used in this section, “developmental disability” has the meaning ascribed to it in NRS 435.007.

      (Added to NRS by 2019, 2096)

Law Enforcement Dispatchers

      NRS 289.650  Voluntary program for training; certification of instructors and law enforcement dispatchers; regulations.

      1.  The Commission shall:

      (a) Establish by regulation the minimum standards of a voluntary program for the training of law enforcement dispatchers. Such standards must include training relating to behavioral health crisis intervention as described in NRS 289.510.
(b) Certify qualified instructors for approved courses of training for law enforcement dispatchers and issue appropriate certificates to instructors who become certified.
(c) Issue appropriate certificates to law enforcement dispatchers who have satisfactorily completed the voluntary program.

      2.  As used in this section, “law enforcement dispatcher” means a person who is employed by a law enforcement agency or regional telecommunication center and who promotes public safety by:

      (a) Receiving calls for service related to crimes, traffic incidents, public safety and any other related calls for assistance; and
(b) Providing immediate and critical communication between the public and law enforcement agencies.

      (Added to NRS by 2017, 231; A 2019, 4463)

Behavioral Health Issues

      NRS 289.675  Behavioral health field response grant program.

      1.  The Commission shall, subject to the availability of funds appropriated for such a purpose, develop and implement a behavioral health field response grant program for the purpose of allowing law enforcement and behavioral health professionals to safely respond to crises, including, without limitation, by telephone or video, involving persons with behavioral health issues. The Commission may use a portion of the appropriated funds to develop data management capability to support the program.

      2.  A local law enforcement agency may submit a grant application to the Commission that contains the agency’s proposal to develop its behavioral health field response by incorporating behavioral health professionals into its behavioral health field response planning, or two or more local law enforcement agencies may submit a joint grant application that contains their joint proposal. Any proposal submitted by a law enforcement agency must provide a plan for improving behavioral health field response and diversion from incarceration through modifying or expanding law enforcement practices in partnership with behavioral health professionals. The Commission may prioritize grant applications that include total matching funds.

      3.  The Commission shall appoint a peer review panel to review, in consultation with behavioral health organizations and the Department of Health and Human Services the grant applications submitted by local law enforcement agencies and select the grant recipients. To the extent possible, at least one grant recipient must be from a rural county. To avoid any conflict of interest, any law enforcement agency that is included in a proposal shall recuse itself from voting on the peer review panel.

      4.  If the Commission certifies that the grant application of a selected recipient satisfies the proposal criteria, the Commission shall distribute grant funds to the selected recipient. The Commission shall make every effort to fund at least three grants each fiscal year. Grant recipients must be selected and receive grant funds not later than October 1 of each year the behavioral health field response grant program is funded.

      5.  A grant recipient must provide for at least one behavioral health professional who will perform professional services under its plan. Such a behavioral health professional may assist patrolling officers in the field or in an on-call capacity, provide preventive, follow-up training on behavioral health field response best practices or provide other services at the direction of the grant recipient. A grant recipient may coordinate with local public safety answering points to maximize the goals of its plan.

      6.  Using existing resources, the Commission shall:

      (a) Consult with the staff of the Office of Analytics of the Department of Health and Human Services to establish data collection and reporting guidelines for grant recipients for the purpose of studying and evaluating whether the use of behavioral health field response programs improves the outcomes of interactions with persons experiencing behavioral health crises, including, without limitation, by reducing rates of violence, arrests and jail or emergency room usage.
(b) Consult with the Department of Health and Human Services to develop requirements for participating behavioral health professionals.
(c) Coordinate with the Department of Health and Human Services, the Division of Public and Behavioral Health of the Department of Health and Human Services and public safety answering points to develop and incorporate telephone or dispatch protocols to assist with behavioral health, law enforcement and emergency medical responses involving behavioral health situations.

      7.  On or before December 1 of each year the behavioral health field response grant program is funded, the Commission shall submit to the Governor, the Chair of the Senate Standing Committee on Judiciary and the Chair of the Assembly Standing Committee on Judiciary a report concerning the program which must include, without limitation:

      (a) Information on and feedback from grant recipients; and
(b) Information on the use of grant funds and the participation of behavioral health professionals.

      8.  A grant recipient shall develop and provide or arrange joint training necessary for both law enforcement and behavioral health professionals to operate successfully and competently in partnership with law enforcement agencies. The training must provide such professionals with working knowledge of law enforcement procedures and tools sufficient to provide for the safety of such professionals.

      9.  Nothing in this section prohibits the Commission from soliciting or accepting private funds to support the behavioral health field response grant program.

      (Added to NRS by 2019, 4460)

      NRS 289.680  Policies and procedures for interacting with persons suffering from behavioral health issues; use of behavioral health specialists.

      1.  Each law enforcement agency in this State shall:

      (a) Establish a policy and procedure for interacting with persons who suffer from a behavioral health issue, including, without limitation, a mental illness as defined in NRS 176A.045, an acute mental health crisis, a developmental disability or an intellectual disability as those terms are defined in NRS 435.007 or a substance use disorder; and
(b) Subject to the availability of funds appropriated for such a purpose, contract with or employ a behavioral health specialist.

      2.  As used in this section, “behavioral health specialist” means a physician who is certified by the Board of Medical Examiners, a psychologist, a physician assistant or an advanced practice registered nurse who is certified to practice as a behavioral health specialist, or a person who is licensed as a clinical social worker, clinical professional counselor or marriage and family therapist.

      (Added to NRS by 2019, 4462)

MISCELLANEOUS PROVISIONS

      NRS 289.800  Reimbursement for cost to repair or replace uniform, accessories or safety equipment damaged or destroyed in performance of duties.  In addition to the compensation required by NRS 281.121, a state agency that employs a person:

      1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to:
(a) Subsection 1 of NRS 289.180 or subsection 1 of NRS 289.220; or
(b) Paragraph (d) of subsection 1 of NRS 289.270 and who is employed by the Nevada Highway Patrol; and

      2.  Who is required to purchase and wear a uniform or other clothing, accessories or safety equipment while performing the person’s duties for the State as a peace officer,

Ê may, after first obtaining the written approval of the Director of the Office of Finance, reimburse that person for the cost to repair or replace the person’s required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while the person is performing the person’s duties for the State as a peace officer.

      (Added to NRS by 1995, 2744; A 1997, 3263; 2005, 674; 2011, 726; 2019, 1078)

      NRS 289.810  Peace officer prohibited from using choke hold; exceptions; agencies required to adopt regulations.  Repealed. (See chapter 4, Statutes of Nevada 2020, 32nd Special Session, at page 73.)

      NRS 289.820  Peace officer prohibited from engaging in racial profiling; retaliatory or punitive action prohibited against peace officer for disclosure of information concerning racial profiling.

      1.  A peace officer shall not engage in racial profiling.
2.  No retaliatory or punitive action may be taken against a peace officer who discloses information concerning racial profiling.
3.  For purposes of this section, “racial profiling” means reliance by a peace officer upon the race, ethnicity or national origin of a person as a factor in initiating action when the race, ethnicity or national origin of the person is not part of an identifying description of a specific suspect for a specific crime.

      (Added to NRS by 2001, 2852)

      NRS 289.823  Requirement for law enforcement agency to establish early warning system to identify peace officers who display bias indicators or other problematic behavior; duties of law enforcement agency upon such identification.

      1.  Each law enforcement agency shall establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who:

      (a) Display bias indicators by, for example:

             (1) Having a large number of citizen complaints;
(2) Being part of a large number of incidents involving the use of force;
(3) Making a large number of arrests for resisting an officer;
(4) Having a large number of the arrests that he or she has made result in no charges being filed because of issues such as improper searches or detentions; or
(5) Having a negative attitude regarding programs that enhance relations between law enforcement and the community.

      (b) Display other problematic behavior by, for example:

             (1) Having a large number of motor vehicle crashes;
(2) Abusing sick leave; or
(3) Showing any other behavioral signs that are indicative of a decline in performance.

      2.  If a peace officer is identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer shall:

      (a) Increase its supervision of the peace officer; and
(b) Provide additional training and, if appropriate, counseling to the peace officer.

      3.  If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer shall consider the consequences that should be imposed, including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline.

      (Added to NRS by 2021, 1962)

      NRS 289.825  Requirement for law enforcement agency to adopt written policy regarding drug and alcohol testing of peace officer following certain actions.

      1.  Each law enforcement agency shall adopt a written policy regarding the drug and alcohol testing of a peace officer following an officer-involved shooting or when the conduct of a peace officer results in substantial bodily harm to or the death of another person. The written policy adopted by the law enforcement agency must include the following requirements:

      (a) Each peace officer who is involved in an officer-involved shooting or whose conduct resulted in substantial bodily harm to or the death of another person must submit to drug and alcohol testing, including, without limitation, testing for the use of cannabis, prescription drugs and illegal drugs; and
(b) The drug and alcohol testing must be completed as soon as practicable after the officer-involved shooting or the conduct of the peace officer that resulted in substantial bodily harm to or the death of another person, but not later than the end of the involved peace officer’s shift.

      2.  As used in this section, “officer-involved shooting” means any instance when a peace officer discharges his or her firearm during the performance of his or her official duties or in the line of duty and thereby causes injury or death to one or more persons.

      (Added to NRS by 2020, 32nd Special Session, 71)

      NRS 289.827  Requirement for law enforcement agency to adopt written policy concerning use of issued mobile devices; approval of certain mobile applications by law enforcement agency for official use on mobile device prohibited.

      1.  Each law enforcement agency shall adopt a written policy setting forth standards of conduct for the use of any mobile device issued by the law enforcement agency to any peace officer employed by the agency for use by the peace officer while performing official duties.

      2.  In addition to including rules for the appropriate use of a mobile device by a peace officer while performing official duties, the written policy adopted by a law enforcement agency pursuant to this section must:

      (a) Establish which mobile applications are approved for official use on a mobile device; and
(b) Prohibit the use of any mobile application that is not approved for official use on a mobile device.

      3.  A law enforcement agency may not approve for official use on a mobile device any mobile application that uses end-to-end encryption or any other means with the intent to avoid the creation, retention or lawful discovery of records or data relating to the communications of a peace officer.

      (Added to NRS by 2021, 2599)

      NRS 289.830  Certain law enforcement agencies shall require certain peace officers to wear portable event recording device while on duty; adoption of policies and procedures governing use; request for and inspection of record made by device.

      1.  A law enforcement agency shall require uniformed peace officers that it employs and who routinely interact with the public to wear a portable event recording device while on duty. Each law enforcement agency shall adopt policies and procedures governing the use of portable event recording devices, which must include, without limitation:

      (a) Except as otherwise provided in paragraph (d), requiring activation of a portable event recording device whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a uniformed peace officer and a member of the public;
(b) Except as otherwise provided in paragraph (d), prohibiting deactivation of a portable event recording device until the conclusion of a law enforcement or investigative encounter;
(c) Prohibiting the recording of general activity;
(d) Protecting the privacy of persons:
(1) In a private residence;
(2) Seeking to report a crime or provide information regarding a crime or ongoing investigation anonymously; or
(3) Claiming to be a victim of a crime;
(e) Requiring that any video recorded by a portable event recording device must be retained by the law enforcement agency for not less than 15 days; and
(f) Establishing disciplinary rules for peace officers who:
(1) Fail to operate a portable event recording device in accordance with any departmental policies;
(2) Intentionally manipulate a video recorded by a portable event recording device; or
(3) Prematurely erase a video recorded by a portable event recording device.

2.  Any record made by a portable event recording device pursuant to this section is a public record which may be:
(a) Requested only on a per incident basis; and
(b) Available for inspection only at the location where the record is held if the record contains confidential information that may not otherwise be redacted.

3.  As used in this section:
(a) “Law enforcement agency” means:
(1) The sheriff’s office of a county;
(2) A metropolitan police department;
(3) A police department of an incorporated city;
(4) A department, division or municipal court of a city or town that employs marshals;
(5) The Nevada Highway Patrol; or
(6) A board of trustees of any county school district that employs or appoints school police officers.
(b) “Portable event recording device” means a device issued to a peace officer by a law enforcement agency to be worn on his or her body and which records both audio and visual events occurring during an encounter with a member of the public while performing his or her duties as a peace officer.

      (Added to NRS by 2015, 572; A 2017, 588; 2019, 3257)

      NRS 289.840  Notification of Handle with Care Program when certain children are exposed to certain traumatic events.

      1.  Any officer or employee of a law enforcement agency who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child who may attend a public school has been exposed to a traumatic event shall notify the Handle with Care Program established pursuant to NRS 388.14538 any time the traumatic event involves:

      (a) Domestic violence in the presence of the child;
(b) Death of a member of the family or household of the child;
(c) Arrest of a parent or guardian of the child in the presence of the child; or
(d) Child abuse or neglect.

      2.  In addition to providing the notification required by subsection 1, any officer or employee of a law enforcement agency may notify the Handle with Care Program established pursuant to NRS 388.14538 if the officer or employee of a law enforcement agency reasonably believes a child who attends a public school has been exposed to any other event that may affect his or her ability to succeed at school.

      3.  Nothing in this section shall be construed to require an officer or employee of a law enforcement agency to provide notification pursuant to this section if the disclosure of information may compromise an ongoing investigation.

      (Added to NRS by 2019, 3972)

cited https://www.leg.state.nv.us/nrs/nrs-289.html