Nevada Revised Statutes 176.0916 – Biological specimen to be obtained from certain probationers and parolees; release of information; penalty; fee for obtaining and analyzing specimen; identifying information submitted to Central Repository; creation…
1. If the Division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, unless a biological specimen was previously obtained upon arrest pursuant to NRS 176.09123, the Division shall arrange for a biological specimen to be obtained from the probationer or parolee.
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| category C felony | 1 to 5 years | up to $10,000 |
Terms Used In Nevada Revised Statutes 176.0916
- Arrest: Taking physical custody of a person by lawful authority.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Division: means the Division of Parole and Probation of the Department of Public Safety. See Nevada Revised Statutes 176.002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Statute: A law passed by a legislature.
2. After a biological specimen is obtained from a probationer or parolee pursuant to this section, the Division shall:
(a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker analysis for the county pursuant to NRS 176.0917; and
(b) Submit the name, social security number, date of birth, fingerprints and any other information identifying the probationer or parolee to the Central Repository.
3. Except as otherwise authorized by federal law or by specific statute, a biological specimen obtained pursuant to this section, the DNA profile, the DNA record and any other information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, the DNA profile, the DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:
(a) A court order; or
(b) A request from a law enforcement agency during the course of an investigation.
4. A person who violates any provision of subsection 3 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
5. A probationer or parolee, to the extent of his or her financial ability, shall pay the sum of $150 to the Division as a fee for obtaining the biological specimen and for conducting the genetic marker analysis. Except as otherwise provided in subsection 6, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.
6. A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection 5. If such arrangements are made, the Division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.
7. Any unpaid balance for a fee required pursuant to subsection 5 is a charge against the Division.
8. The Division shall deposit money that is collected pursuant to this section in the Fund for Genetic Marker Analysis, which is hereby created in the State General Fund. The money deposited in the Fund for Genetic Marker Analysis must be used to pay for the actual amount charged to the Division for obtaining biological specimens from probationers and parolees, and for conducting genetic marker analysis of the biological specimens.