Nev. Rev. Stat. » NRS: CHAPTER 176 - JUDGMENT AND EXECUTION

Nev. Rev. Stat. § 176.135

Presentence investigation and report: When required; time for completing; training; effect of failure to submit report before sentencing hearing

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NRS 176.135  Presentence investigation and report: When required; time for completing; training; effect of failure to submit report before sentencing hearing.

      1.  Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony unless:

      (a) The defendant and the prosecuting attorney stipulate to waive the requirement; and

      (b) The court approves the stipulation.

      2.  If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:

      (a) Must be made before the imposition of sentence or the granting of probation; and

      (b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.

      3.  Except as otherwise provided in subsection 5, if a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:

      (a) A sentence is fixed by a jury; or

      (b) Such an investigation and report on the defendant has been made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

      4.  Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to, or are found guilty or guilty but mentally ill of, gross misdemeanors.

      5.  If a defendant is convicted of a felony other than a sexual offense or of a gross misdemeanor and the conviction is of an offense for which the suspension of sentence or the granting of probation is permitted, the Division shall, before the imposition of sentence or the granting of probation, make a presentence investigation and report to the court that includes a psychosexual evaluation of the defendant if the defendant and the prosecuting attorney submit to the court a joint request for a presentence investigation and report that includes a psychosexual evaluation of the defendant. The provisions of this subsection apply only to a conviction where the original charge in the complaint, information or indictment was for a sexual offense, as defined in NRS 176.133 or 179D.097.

      6.  Each court in which a report of a presentence investigation can be made must ensure that each judge of the court receives training concerning the manner in which to use the information included in a report of a presentence investigation for the purpose of imposing a sentence. Such training must include, without limitation, education concerning behavioral health needs and intellectual or developmental disabilities.

      7.  If the Division does not receive the written report of the results of a psychosexual evaluation required by NRS 176.139 at least 3 days before the sentencing hearing, a failure by the Chief Parole and Probation Officer to submit the presentence investigation and report before the sentencing hearing does not constitute an act or omission that may serve as the basis for an order of contempt pursuant to NRS 22.010 or 199.340.

      (Added to NRS by 1967, 1434; A 1969, 406; 1981, 369, 464; 1985, 148; 1987, 592; 1993, 1512; 1995, 2456; 1997, 642, 1639; 1999, 1189, 1285; 2001, 77; 2003, 1466; 2007, 1420; 2019, 4384; 2023, 1820; 2025, 2823)

     

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1973–2024 · leading case: Dzul v. State
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Dzul v. State (2002) nev · cites it 2× “After accepting Dzul's Alford guilty plea to one count of attempted lewdness with a child under the age of fourteen years, the district court referred the matter to the Division of Parole and Probation (P&P) for a presentence investigation report (PSI) and ordered Dzul to…”
Stockmeier v. State, Board of Parole Commissioners (2011) nev “NRS 176.135(1). A PSI contains information about the defendant’s prior criminal record, the circumstances affecting the defendant’s behavior and the offense, and the impact of the offense on the victim.”
Anderson v. State (1974) nev · cites it 3× “NRS 176.135 4 only requires the probation service of the district court to make a presentence investigation and report to the court upon each defendant who pleads guilty or nolo contendere, or is found guilty before the imposition of a sentence.”
Hall v. State (1973) nev “The record does not contain a copy of *372 the presentence investigation nor a transcript of the proceedings in district court at the time the appellant was sentenced. The appellant relies on Boles v.”
BLANKENSHIP (LERON) VS. STATE C/W 66944 (2016) nev · cites it 4× “The statutory scheme regarding the Division's sentencing recommendations Pursuant to NRS 176.135(1), the Division must "prepare a PSI to be used at sentencing for any defendant who pleads guilty to or is found guilty of a felony.”
Gomez v. State (2014) nev · cites it 4× “The Nevada Division of Parole and Probation (P&P) prepared a PSI before sentencing as required by NRS 176.135. Gomez's PSI stated, "[pier contact with the Las Vegas Metropolitan Police Gang Unit, the defendant is a known.”
Collier (Nyrome) v. State (2016) nev · cites it 2× “1 NRS 176.135(3) permits a district court to use a PSI that was prepared "within the 5 years immediately preceding the date initially set for sentencing on the most recent offense" (emphasis added).”
Hermanson (James) Vs. State (2021) nev · cites it 2× “While NRS 176.135(2) provides that a presentence investigation report "fmlust be made before the imposition of sentence" for a defendant convicted of a sexual offense, nothing in this statute precludes the defendant from waiving the preparation of a presentence investigation…”
Smith (Thomas) v. State (2015) nev · cites it 2× “Indeed, in his written plea agreement, Smith acknowledged: "I understand that the division of parole and probation will prepare a report for the sentencing judge before sentencing, and this report must include a psychosexual evaluation according to NRS 176.135 and NRS 176.139."…”
BLANKENSHIP (LERON) VS. STATE C/W 66944 (2016) nev “We then consider whether the information in the PSPs and PSIs in these appeals amounted to impalpable or highly suspect evidence and whether the district courts abused their discretion in sentencing Blankenship and Briones by relying on the impalpable or highly suspect evidence.”
BLANKENSHIP (LERON) VS. STATE C/W 66944 (2016) nev “We then consider whether the information in the PSPs and PSIs in these appeals amounted to impalpable or highly suspect evidence and whether the district courts abused their discretion in sentencing Blankenship and Briones by relying on the impalpable or highly suspect evidence.”
In re I.S. (2024) nev “Hecords which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.”
Show all 13 citing cases →
— Nev. Rev. Stat. § 176.135(1) — 5 cases
Stockmeier v. State, Board of Parole Commissioners (2011) nev “NRS 176.135(1). A PSI contains information about the defendant’s prior criminal record, the circumstances affecting the defendant’s behavior and the offense, and the impact of the offense on the victim.”
BLANKENSHIP (LERON) VS. STATE C/W 66944 (2016) nev “The statutory scheme regarding the Division's sentencing recommendations Pursuant to NRS 176.135(1), the Division must "prepare a PSI to be used at sentencing for any defendant who pleads guilty to or is found guilty of a felony.”
Gomez v. State (2014) nev “The Nevada Division of Parole and Probation (P&P) prepared a PSI before sentencing as required by NRS 176.135. Gomez's PSI stated, "[pier contact with the Las Vegas Metropolitan Police Gang Unit, the defendant is a known.”
BLANKENSHIP (LERON) VS. STATE C/W 66944 (2016) nev “We then consider whether the information in the PSPs and PSIs in these appeals amounted to impalpable or highly suspect evidence and whether the district courts abused their discretion in sentencing Blankenship and Briones by relying on the impalpable or highly suspect evidence.”
BLANKENSHIP (LERON) VS. STATE C/W 66944 (2016) nev “We then consider whether the information in the PSPs and PSIs in these appeals amounted to impalpable or highly suspect evidence and whether the district courts abused their discretion in sentencing Blankenship and Briones by relying on the impalpable or highly suspect evidence.”
— Nev. Rev. Stat. § 176.135(2) — 2 cases
Hermanson (James) Vs. State (2021) nev “While NRS 176.135(2) provides that a presentence investigation report "fmlust be made before the imposition of sentence" for a defendant convicted of a sexual offense, nothing in this statute precludes the defendant from waiving the preparation of a presentence investigation…”
Hermanson v. Baca (2022) nvd
— Nev. Rev. Stat. § 176.135(3) — 1 case
Collier (Nyrome) v. State (2016) nev “1 NRS 176.135(3) permits a district court to use a PSI that was prepared "within the 5 years immediately preceding the date initially set for sentencing on the most recent offense" (emphasis added).”
— Nev. Rev. Stat. § 176.135(3)(b) — 1 case
Collier (Nyrome) v. State (2016) nev “1 NRS 176.135(3) permits a district court to use a PSI that was prepared "within the 5 years immediately preceding the date initially set for sentencing on the most recent offense" (emphasis added).”
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