1. Sentence must be imposed without unreasonable delay. Pending sentence, the court may commit the defendant or continue or alter the bail.
2. Before imposing sentence, the court shall:
(a) Afford counsel an opportunity to speak on behalf of the defendant; and
(b) Address the defendant personally and ask the defendant if:
(1) The defendant wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment; and
(2) The defendant is a veteran or a member of the military. If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the court may, if appropriate, assign the defendant to:
(I) A program of treatment established pursuant to NRS 176A.280; or
(II) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.230 or 176A.250.
3. After hearing any statements presented pursuant to subsection 2 and before imposing sentence, the court shall afford the victim an opportunity to:
(a) Appear personally, by counsel or by personal representative; and
(b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
4. The prosecutor shall give reasonable notice of the hearing to impose sentence to:
(a) The person against whom the crime was committed;
(b) A person who was injured as a direct result of the commission of the crime;
(c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and
(d) Any other relative or victim who requests in writing to be notified of the hearing.
Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus. All personal information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.
5. For the purposes of this section:
(a) "Member of the military" has the meaning ascribed to it in NRS 176A.043.
(b) "Relative" of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
(c) "Veteran" has the meaning ascribed to it in NRS 176A.090.
(d) "Victim" includes:
(1) A person, including a governmental entity, against whom a crime has been committed;
(2) A person who has been injured or killed as a direct result of the commission of a crime; and
(3) A relative of a person described in subparagraph (1) or (2).
6. This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.
(Added to NRS by 1967, 1432; A 1989, 1425; 1991, 90; 1995, 371; 1997, 3236; 2001, 889; 2009, 100; 2017, 3018; 2019, 4380)
Structure Nevada Revised Statutes
Chapter 176 - Judgment and Execution
NRS 176.002 - "Division" defined.
NRS 176.0121 - "Commission" defined.
NRS 176.0125 - Duties of Commission.
NRS 176.0126 - Subpoenas: Power to issue; compelling performance.
NRS 176.0131 - Legislative findings and declarations.
NRS 176.01315 - "Department" defined.
NRS 176.01317 - "Executive Director" defined.
NRS 176.0132 - "Sentencing Commission" defined.
NRS 176.01327 - Duties of Executive Director.
NRS 176.0134 - Duties of Sentencing Commission.
NRS 176.0136 - Subpoenas: Power to issue; compelling performance.
NRS 176.014 - Creation; composition; Chair; duties; terms of members; per diem; staff.
NRS 176.055 - Credit against sentence of imprisonment.
NRS 176.057 - Effect of finding of guilty but mentally ill or acceptance of such plea.
NRS 176.075 - Rate of imprisonment in default of administrative assessment, fine or forfeiture.
NRS 176.085 - Reduction of excessive fine or administrative assessment; payment in installments.
NRS 176.09111 - "Agency of criminal justice" defined.
NRS 176.09112 - "Biological specimen" defined.
NRS 176.09113 - "CODIS" defined.
NRS 176.09114 - "DNA" defined.
NRS 176.09115 - "DNA profile" defined.
NRS 176.09116 - "DNA record" defined.
NRS 176.09117 - "Forensic laboratory" defined.
NRS 176.09118 - "Genetic marker analysis" defined.
NRS 176.09119 - "State DNA Database" defined.
NRS 176.09121 - State DNA Database: Establishment; duties.
NRS 176.0917 - County to designate forensic laboratory to conduct or oversee analysis; criteria.
NRS 176.09183 - Grounds for granting or dismissing petition; appeal.
NRS 176.0919 - Execution stayed pending results of genetic marker analysis.
NRS 176.0922 - "Central Repository" defined.
NRS 176.0923 - "Crime against a child" defined.
NRS 176.0924 - "Record of registration" defined.
NRS 176.0925 - "Sexual offense" defined.
NRS 176.0931 - Special sentence for sex offenders; petition for release from lifetime supervision.
NRS 176.095 - State Board of Parole Commissioners may direct release of state prisoner on parole.
NRS 176.105 - Judgment in criminal action generally.
NRS 176.125 - Entry of judgment of conviction; what papers constitute record of action.
NRS 176.135 - Presentence investigation and report: When required; time for completing; training.
NRS 176.145 - Presentence investigation and report: Contents of report.
NRS 176.165 - When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn.
NRS 176.265 - Fines to be paid into State Treasury.
NRS 176.285 - Fines in Justice Court to be paid to county treasurer; due date.
NRS 176.295 - Costs when criminal action removed before trial; clerk to certify costs to auditor.
NRS 176.315 - Judgment of imprisonment in county jail: How executed.
NRS 176.325 - Judgment of imprisonment in state prison: How executed.
NRS 176.345 - Proceedings when conviction carries death penalty.
NRS 176.355 - Execution of death penalty: Method; time and place; witnesses.
NRS 176.357 - Request for notification of execution of death penalty; request to attend.
NRS 176.365 - Director of Department of Corrections to make return on death warrant.
NRS 176.415 - When execution of death penalty may be stayed.
NRS 176.425 - Sanity investigation: Filing of petition; stay of execution.
NRS 176.435 - Sanity investigation: Conduct of hearing.
NRS 176.445 - Execution of judgment when defendant found sane.
NRS 176.465 - Investigation of pregnancy: Procedure; hearing.
NRS 176.485 - Costs of investigations borne by State; manner of payment.
NRS 176.486 - Authority to enter stay of execution.
NRS 176.487 - Determination of whether to enter stay of execution.
NRS 176.488 - Entry of stay of execution and necessary orders.
NRS 176.489 - Vacation of stay of execution.
NRS 176.491 - Stay of execution following denial of appeal.
NRS 176.492 - Dissolution of stay of execution which was improperly entered.
NRS 176.495 - New warrant generally.
NRS 176.505 - Order following appeal.
NRS 176.515 - Court may grant new trial or vacate judgment in certain circumstances.
NRS 176.525 - Arrest of judgment: When granted and time in which motion is to be made.
NRS 176.535 - Effect of arresting judgment.
NRS 176.545 - Procedure after allowance of arrest of judgment.