1. Except as otherwise provided in subsection 3, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 3 and 4, if the court makes no order with reference thereto, all such subsequent sentences run concurrently. For offenses committed on or after July 1, 2014, if the court imposes the sentences to run consecutively, the court must pronounce the minimum and maximum aggregate terms of imprisonment pursuant to subsection 2, unless the defendant is sentenced to life imprisonment without the possibility of parole or death.
2. When aggregating terms of imprisonment pursuant to subsection 1:
(a) If at least one sentence imposes a maximum term of imprisonment for life with the possibility of parole, the court must aggregate the minimum terms of imprisonment to determine the minimum aggregate term of imprisonment, and the maximum aggregate term of imprisonment shall be deemed to be imprisonment in the state prison for life with the possibility of parole.
(b) If all the sentences impose a minimum and maximum term of imprisonment, the court must aggregate the minimum terms of imprisonment to determine the minimum aggregate term of imprisonment and must aggregate the maximum terms of imprisonment to determine the maximum aggregate term of imprisonment.
3. Except as otherwise provided in this section, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms, including the expiration of any prior aggregated terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof.
4. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.
5. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death or imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment.
6. Regardless of whether a person is under sentence of imprisonment, if the person commits another crime for which the punishment is death or imprisonment for life without the possibility of parole, the sentence must be executed without reference to eligibility for parole.
7. If a court imposes an additional penalty pursuant to NRS 193.161 to 193.1685, inclusive, the sentence imposed for the additional penalty must be aggregated with the sentence imposed for the underlying offense. A prisoner upon whom a sentence for an additional penalty is imposed pursuant to NRS 193.161 to 193.1685, inclusive, before October 1, 2019, may elect to have the sentence imposed for the additional penalty aggregated with the sentence imposed for the underlying offense in accordance with subsection 5 of NRS 213.1212.
8. This section does not prevent the State Board of Parole Commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
9. This section must not be construed to prohibit the aggregation of any sentences of imprisonment relating to different cases.
(Added to NRS by 1967, 1432; A 1973, 181, 674; 1987, 591; 1997, 1187; 2001, 1936; 2013, 221; 2019, 233)
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.