Nevada Victims’ Bill of Rights
The 1983 Nevada Legislature mandated certain rights and guarantees to crime victims and witnesses. Accordingly, Chapter 178 of the Nevada Revised Statutes recognizes the following needs and rights of crime victims.
You have the right:
• To know the status of the case in which you are involved
• To be free from intimidation or dissuasion
• To know when your impounded property may be released.
• To receive a witness fee for lawful obedience to a subpoena.
• To understand the existing victim compensation laws and receive compensation if applicable.
• To a secure waiting area, which is not available to the defendant or his family, when you are at court.
• To know when the defendant is released from custody before or during trial (upon written request).
• To know when the offender is released from prison (upon written request).
General Rights of Victims' of Crime in Nevada
To know the status of the case in which you are involved.
To be free from intimidation or dissuasion.
To know when your impounded property may be released.
To receive a witness fee for lawful obedience to a subpoena.
To understand the existing victim compensation laws and receive compensation if applicable.
To a secure waiting area, which is not available to the defendant or his family, when you are at court.
To know when the defendant is released from custody before or during trial (upon written request).
To know when the offender is released from prison (upon written request).
Your Right to Be Heard at Sentencing
The Legislature is charged with making laws providing that the victim of a crime, personally or through a representative, shall be:
Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding.
Allowed to be present at all public hearings involving the critical stages of a criminal proceeding.
Allowed to be heard at all proceedings for the sentencing or release of a convicted person after trial.
Before imposing sentence, the court shall afford the victim an opportunity to appear personally, by counsel or by a personal representative and reasonably express any views concerning the crime, the person responsible, and the impact of the crime on the victim and the need for restitution.
Additionally, the prosecutor must give reasonable notice of the sentencing hearing to the person against whom the crime was committed; a person who was injured as a direct result of the crime; the surviving spouse, parents or children of a person who was killed as a direct result of the crime; and any other relative or victim who requests in writing to be notified of the hearing.
The court can order restitution against a defendant who is found guilty. Acceptable restitution includes direct costs to pay for medical bills, property damage and unrecovered stolen property.
In order for the court to order the defendant to make restitution, you must provide your prosecutor with copies of your bills and/or estimates for replacement or repair.
If the crime is a gross misdemeanor or felony, you should also provide those documents to the parole and probation officer who is doing the pre-sentence report.
The State of Nevada has a program to compensate victims of violent crime. The compensation may be awarded for medical bills, psychological counseling, lost wages, funeral and burial expenses. You cannot be compensated for property loss, legal fees, phone bills, living expenses or pain and suffering.
For a victim of a sexual offense, there are other assistance programs. Counties are responsible for payment of sexual offense examinations and medical care for any physical injuries resulting from the offense within 72 hours after the victim arrives for treatment. Additionally, the county can pay up to $1000 for counseling costs. Contact your prosecutor if you have any questions regarding this provision. (NRS 449.244; 217.290; 217.480)
(NRS 176.630) - Provides a hearing to revoke probation and modify a defendant's sentence, and that the Division of Parole and Probation must notify the victim of the proposed changes and the victim has the right to be heard at the hearing. The victim must request such notification, in writing to the Department of Parole and Probation.
(NRS 176.5698) - Provides that, upon written request of the victim, the prosecutor, sheriff or chief of police shall inform the victim of:
When the defendant is released from custody at any time before or during trial.
The amount of bail for release of the defendant.
The final disposition of the case in which he was directly involved
If the defendant has been convicted of a sexual offense or a crime of threatened or actual use of violence against the victim, the court shall provide to each victim or witness certain forms and documentation outlining rights (contact your prosecutor for specifics regarding this section).