NRS 289 Peace Officers and Other Law Enforcement Personnel PDF

**GENERAL PROVISIONS** **NRS 289.010  Definitions.  **As used in this chapter, unless the context otherwise requires: 1.  "Administrative file" means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an...

**GENERAL PROVISIONS** **NRS 289.010  Definitions.  **As used in this chapter, unless the context otherwise requires: 1.  "Administrative file" means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an investigation conducted pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057) or a criminal investigation of a peace officer. 2.  "Adult use of cannabis" has the meaning ascribed to it in [[NRS 678A.075]](https://www.leg.state.nv.us/nrs/NRS-678A.html#NRS678ASec075). 3.  "Law enforcement agency" means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which: (a) Has a duty to enforce the law; and (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to [[NRS 289.150]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec150) to [[289.360]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec360), inclusive. 4.  "Medical use of cannabis" has the meaning ascribed to it in [[NRS 678A.215]](https://www.leg.state.nv.us/nrs/NRS-678A.html#NRS678ASec215). 5.  "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to [[NRS 289.150]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec150) to [[289.360]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec360), inclusive. 6.  "Punitive action" means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment. 7.  "Screening test" means a test of a person's blood, urine, hair or saliva to detect the general presence of a controlled substance or other drug. (Added to NRS by [[1983, 2096]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2096); A [[1989, 1582]](https://www.leg.state.nv.us/Statutes/65th/Stats198908.html#Stats198908page1582); [[1993, 2525]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2525); [[1999, 182]](https://www.leg.state.nv.us/Statutes/70th/Stats199902.html#Stats199902page182), [](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2424); [[2005, 621]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page621); [[2019, 534]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201903.html#Stats201903page534), [](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2660); [[2020, 32nd Special Session, 71]](https://www.leg.state.nv.us/Statutes/32ndSS2020/Stats2020SS3201.html#Stats2020SS3201page71); [[2023, 2545]](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202322.html#Stats202322page2545)) **RIGHTS OF PEACE OFFICERS** **NRS 289.020  Punitive action prohibited for exercise of rights under internal procedure; opportunity for hearing; right to representation; refusal to cooperate in criminal investigation punishable as insubordination.** 1. A law enforcement agency shall not use punitive action against a peace officer if the peace officer chooses to exercise the peace officer's rights under any internal administrative grievance procedure. 2.  If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against the peace officer, a law enforcement agency shall provide the peace officer with an opportunity for a hearing. 3.  If a peace officer requests representation while being questioned by a superior officer on any matter that the peace officer reasonably believes could result in punitive action, the questioning must cease immediately and the peace officer must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative before the questioning may resume. 4.  If a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer's own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination. (Added to NRS by [[1983, 2098]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2098); A [[2019, 2661]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2661); [[2020, 32nd Special Session, 76]](https://www.leg.state.nv.us/Statutes/32ndSS2020/Stats2020SS3201.html#Stats2020SS3201page76)) **NRS 289.025  Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions.** 1.  Except as otherwise provided in subsections 2 and 3 and [[NRS 239.0115]](https://www.leg.state.nv.us/nrs/NRS-239.html#NRS239Sec0115), the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential. 2.  The photograph of a peace officer may be released: (a) If the peace officer authorizes the release; or (b) If the peace officer has been arrested. 3.  The home address of a peace officer may be released if a peace officer has been arrested and the home address is included in any of the following: (a) A report of a 911 telephone call. (b) A police report, investigative report or complaint which a person filed with a law enforcement agency. (c) A statement made by a witness. (d) A report prepared pursuant to [[NRS 432B.540]](https://www.leg.state.nv.us/nrs/NRS-432B.html#NRS432BSec540) by an agency which provides child welfare services, which report details a plan for the placement of a child. (Added to NRS by [[2005, 621]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page621); A [[2007, 2087]](https://www.leg.state.nv.us/Statutes/74th/Stats200717.html#Stats200717page2087), [](https://www.leg.state.nv.us/Statutes/74th/Stats200723.html#Stats200723page2815)) **NRS 289.027  Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.** 1.  Each law enforcement agency shall adopt policies and procedures that provide for the orderly and safe acceptance of service of certain subpoenas served on a peace officer employed by the law enforcement agency. 2.  A subpoena to be served upon a peace officer that is authorized to be served upon a law enforcement agency in accordance with the policies and procedures adopted pursuant to subsection 1 may be served in the manner provided by those policies and procedures. (Added to NRS by [[2007, 2815]](https://www.leg.state.nv.us/Statutes/74th/Stats200723.html#Stats200723page2815)) **NRS 289.030  Law enforcement agency prohibited from requiring peace officer to disclose financial information or provide attestation concerning use of cannabis before application for employment; exception; construction of section.** 1.  A law enforcement agency shall not require any peace officer to: (a) Disclose the peace officer's assets, debts, sources of income or other financial information or make such a disclosure a condition precedent to a promotion, job assignment or other personnel action unless that information is necessary to: (1) Determine the peace officer's credentials for transfer to a specialized unit; (2) Prevent any conflict of interest which may result in any new assignment; or (3) Determine whether the peace officer is engaged in unlawful activity. (b) Provide an oral or written attestation concerning any use of cannabis by the peace officer that occurred before the peace officer submitted his or her application for employment with the law enforcement agency as a condition precedent to employment with the agency as a peace officer. 2.  Nothing in this section shall be construed to prohibit a law enforcement agency from: (a) Requiring a peace officer to provide an oral or written attestation concerning any use of cannabis by the peace officer that has occurred after the submission of his or her application for employment with the law enforcement agency as a condition precedent to employment with the agency as a peace officer; or (b) Adopting a policy that requires a peace officer to submit to a screening test as: (1) A condition precedent to employment; or (2) A condition for continued employment. 3.  As used in this section, "use of cannabis" includes the adult use of cannabis and the medical use of cannabis. (Added to NRS by [[1983, 2096]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2096); A [[2023, 2546]](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202322.html#Stats202322page2546)) **NRS 289.035  Law enforcement agency prohibited from ordering, mandating or requiring peace officer to issue certain number of traffic citations or make certain number of arrests.  **A law enforcement agency shall not order, mandate or require a peace officer to issue a certain number of traffic citations or make a certain number of arrests over any period. (Added to NRS by [[2021, 3418]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202123.html#Stats202123page3418)) **NRS 289.040  Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances.** 1.  Except as otherwise provided in subsection 3, a law enforcement agency shall not place any unfavorable comment or document in any administrative file of a peace officer maintained by the law enforcement agency unless: (a) The peace officer has read and initialed the comment or document; or (b) If the peace officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document. 2.  If the peace officer submits to the law enforcement agency a written response within 30 days after the peace officer is asked to initial the comment or document, the peace officer's response must be attached to and accompany the comment or document. 3.  If a peace officer is the subject of an investigation of a complaint or allegation conducted pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057), the law enforcement agency may place into any administrative file relating to the peace officer only: (a) A copy of the disposition of the allegation of misconduct if the allegation is sustained; and (b) A copy of the notice of or statement of adjudication of any punitive or remedial action taken against the peace officer. 4.  A peace officer must be given a copy of any comment or document that is placed in an administrative file of the peace officer maintained by the law enforcement agency. 5.  Upon request, a peace officer may review any administrative file of that peace officer maintained by the law enforcement agency that does not relate to a current investigation. (Added to NRS by [[1983, 2097]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2097); A [[1991, 2213]](https://www.leg.state.nv.us/Statutes/66th/Stats199110.html#Stats199110page2213); [[2005, 621]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page621)) **NRS 289.050  Consequences of refusal to submit to polygraphic examination.** 1.  If a peace officer refuses to submit to a polygraphic examination: (a) No law enforcement agency may take any disciplinary or retaliatory action against the peace officer; and (b) No investigator may make a notation of such a refusal in the investigator's report or in any other manner maintain evidence of such a refusal. 2.  Evidence of any refusal by a peace officer to submit to a polygraphic examination is not admissible at any subsequent hearing, trial or other judicial or administrative proceeding. (Added to NRS by [[1983, 2097]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2097); A [[2001, 1663]](https://www.leg.state.nv.us/Statutes/71st/Stats200112.html#Stats200112page1663)) **NRS 289.055  Establishment and availability of written procedures for investigating complaints and allegations of misconduct.  **Each agency in this State that employs peace officers shall: 1.  Establish written procedures for investigating any complaint or allegation of misconduct made or filed against a peace officer employed by the agency; and 2.  Make copies of the written procedures established pursuant to subsection 1 available to the public. (Added to NRS by [[1999, 948]](https://www.leg.state.nv.us/Statutes/70th/Stats199906.html#Stats199906page948)) **NRS 289.057  Investigation of allegation of misconduct; suspension without pay; review of file by peace officer under certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action; reassignment of peace officer under certain circumstances.** 1.  Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Any such investigation of a peace officer must be commenced by the law enforcement agency within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the complaint or allegation is filed with the law enforcement agency more than 5 years after the activities of the peace officer occurred. 2.  Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded. 3.  After the conclusion of the investigation: (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents. (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file. 4.  A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending. (Added to NRS by [[2005, 620]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page620); A [[2007, 422]](https://www.leg.state.nv.us/Statutes/74th/Stats200704.html#Stats200704page422); [[2011, 1750]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201114.html#Stats201114page1750); [[2019, 2661]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2661); [[2020, 32nd Special Session, 76]](https://www.leg.state.nv.us/Statutes/32ndSS2020/Stats2020SS3201.html#Stats2020SS3201page76)) **NRS 289.060  Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings.** 1.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 48 hours before any interrogation or hearing is held relating to an investigation conducted pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057), provide a written notice to the peace officer who is the subject of the investigation. If the law enforcement agency believes that any other peace officer has any knowledge of any fact relating to the complaint or allegation against the peace officer who is the subject of the investigation, the law enforcement agency shall provide a written notice to the peace officer advising the peace officer that he or she must appear and be interviewed as a witness in connection with the investigation. Any peace officer who serves as a witness during an interview must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative authorized by [[NRS 289.080]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec080). Any peace officer specified in this subsection may waive the notice required pursuant to this section. 2.  The notice provided to the peace officer who is the subject of the investigation must include: (a) A description of the nature of the investigation; (b) A summary of alleged misconduct of the peace officer; (c) The date, time and place of the interrogation or hearing; (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation or hearing; (e) The name of any other person who will be present at any interrogation or hearing; and (f) A statement setting forth the provisions of subsection 1 of [[NRS 289.080]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec080). 3.  The law enforcement agency shall: (a) Interview or interrogate the peace officer during the peace officer's regular working hours, if reasonably practicable, or revise the peace officer's work schedule to allow any time that is required for the interview or interrogation to be deemed a part of the peace officer's regular working hours. Any such time must be calculated based on the peace officer's regular wages for his or her regularly scheduled working hours. If the peace officer is not interviewed or interrogated during his or her regular working hours or if his or her work schedule is not revised pursuant to this paragraph and the law enforcement agency notifies the peace officer to appear at a time when he or she is off duty, the peace officer must be compensated for appearing at the interview or interrogation based on the wages and any other benefits the peace officer is entitled to receive for appearing at the time set forth in the notice. (b) Immediately before any interrogation or hearing begins, inform the peace officer who is the subject of the investigation orally on the record that: (1) The peace officer is required to provide a statement and answer questions related to the peace officer's alleged misconduct; and (2) If the peace officer fails to provide such a statement or to answer any such questions, the agency may charge the peace officer with insubordination. (c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer who is the subject of the investigation. If any evidence is discovered during the course of an investigation or hearing which establishes or may establish any other possible misconduct engaged in by the peace officer, the law enforcement agency shall notify the peace officer of that fact and shall not conduct any further interrogation of the peace officer concerning the possible misconduct until a subsequent notice of that evidence and possible misconduct is provided to the peace officer pursuant to this chapter. (d) Allow the peace officer who is the subject of the investigation or who is a witness in the investigation to explain an answer or refute a negative implication which results from questioning during an interview, interrogation or hearing. 4.  If a peace officer provides a statement or answers a question relating to the alleged misconduct of a peace officer who is the subject of an investigation pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057) after the peace officer is informed that failing to provide the statement or answer may result in punitive action against him or her, the statement or answer must not be used against the peace officer who provided the statement or answer in any subsequent criminal proceeding. (Added to NRS by [[1983, 2097]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2097); A [[1993, 2379]](https://www.leg.state.nv.us/Statutes/67th/Stats199311.html#Stats199311page2379); [[2005, 622]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page622); [[2011, 1750]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201114.html#Stats201114page1750)) **NRS 289.070  Use of polygraphic examination in investigation.** 1.  During an investigation conducted pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057), the peace officer against whom the allegation is made may, but is not required to, submit to a polygraphic examination concerning such activities. 2.  A person who makes an allegation against a peace officer pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057) may not be required to submit to a polygraphic examination as a condition to the investigation of the person's allegation, but may request or agree to be given a polygraphic examination. If such a person requests or agrees to be given a polygraphic examination, such an examination must be given. 3.  If a polygraphic examination is given to a peace officer pursuant to this section, a sound or video recording must be made of the polygraphic examination, the preliminary interview and the postexamination interview. Before the opinion of the polygraphic examiner regarding the peace officer's veracity may be considered in a disciplinary action, all records, documents and recordings resulting from the polygraphic examination must be made available for review by one or more polygraphic examiners licensed or qualified to be licensed in this State who are acceptable to the law enforcement agency and to the officer. If the opinion of a reviewing polygraphic examiner does not agree with the initial polygraphic examiner's opinion, the peace officer must be allowed to be reexamined by a polygraphic examiner of the peace officer's choice who is licensed or qualified to be licensed in this State. 4.  The opinion of a polygraphic examiner regarding the peace officer's veracity may not be considered in a disciplinary action unless the polygraphic examination was conducted in a manner which complies with the provisions of [[chapter 648]](https://www.leg.state.nv.us/nrs/NRS-648.html#NRS648) of NRS. In any event, the law enforcement agency shall not use a polygraphic examiner's opinion regarding the veracity of the peace officer as the sole basis for disciplinary action against the peace officer. (Added to NRS by [[1983, 2097]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2097); A [[1989, 1582]](https://www.leg.state.nv.us/Statutes/65th/Stats198908.html#Stats198908page1582); [[2001, 1663]](https://www.leg.state.nv.us/Statutes/71st/Stats200112.html#Stats200112page1663); [[2005, 622]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page622)) **NRS 289.080  Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to notice of intent to recommend punitive action, to submit response to such recommendation and to review and copy investigation file upon appeal.** 1.  Except as otherwise provided in subsection 5, a peace officer who is the subject of an investigation conducted pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057) may upon request have two representatives of the peace officer's choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. 2.  Except as otherwise provided in subsection 5, a peace officer who is a witness in an investigation conducted pursuant to [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057) may upon request have two representatives of the peace officer's choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview. 3.  A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing. 4.  The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer. 5.  A representative must not otherwise be connected to, or the subject of, the same investigation. 6.  Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed. 7.  Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the: (a) Request of the peace officer; or (b) Lawful order of a court of competent jurisdiction. Ê A law enforcement agency shall not take punitive action against a representative for the representative's failure or refusal to disclose such information. 8.  The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer's request and expense provide a copy of the: (a) Stenographic transcript of the proceedings; or (b) Recording on the digital or magnetic tape. 9.  After the conclusion of the investigation, if a law enforcement agency intends to recommend that punitive action be imposed against the peace officer who was the subject of the investigation, the law enforcement agency must notify the peace officer of such fact and give the peace officer or any representative of the peace officer a reasonable opportunity to inspect any evidence in the possession of the law enforcement agency and submit a response. The law enforcement agency must consider any such response before making a recommendation to impose punitive action against the peace officer. If the law enforcement agency recommends punitive action be imposed against the peace officer and the peace officer appeals the recommendation to impose punitive action, the peace officer or any representative of the peace officer may review and copy the entire file concerning the internal investigation, including, without limitation, any evidence, recordings, notes, transcripts of interviews and documents contained in the file. (Added to NRS by [[1983, 2098]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2098); A [[1991, 647]](https://www.leg.state.nv.us/Statutes/66th/Stats199103.html#Stats199103page647); [[1993, 2380]](https://www.leg.state.nv.us/Statutes/67th/Stats199311.html#Stats199311page2380); [[2005, 623]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page623); [[2011, 1752]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201114.html#Stats201114page1752); [[2019, 2662]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2662); [[2020, 32nd Special Session, 77]](https://www.leg.state.nv.us/Statutes/32ndSS2020/Stats2020SS3201.html#Stats2020SS3201page77)) **NRS 289.085  Inadmissibility of evidence obtained unlawfully during investigation; dismissal of administrative proceeding or civil action when evidence obtained unlawfully and in bad faith during investigation.  **If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of [[NRS 289.010]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec010) to [[289.120]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec120), inclusive, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer. If the arbitrator or court further determines that such evidence was obtained by a law enforcement agency in bad faith, the arbitrator or court must dismiss the administrative proceeding or civil action with prejudice. (Added to NRS by [[2005, 621]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page621); A [[2019, 2663]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2663); [[2020, 32nd Special Session, 78]](https://www.leg.state.nv.us/Statutes/32ndSS2020/Stats2020SS3201.html#Stats2020SS3201page78); [[2021, 3418]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202123.html#Stats202123page3418)) **NRS 289.090  Inapplicability of certain provisions to investigation concerning alleged criminal activities.  **The provisions of subsections 2, 3 and 4 of [[NRS 289.057]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec057) and [[NRS 289.060]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec060), [[289.070]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec070) and [[289.080]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec080) do not apply to any investigation which concerns alleged criminal activities. (Added to NRS by [[1983, 2098]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2098); A [[2005, 624]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page624); [[2019, 2663]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2663); [[2020, 32nd Special Session, 79]](https://www.leg.state.nv.us/Statutes/32ndSS2020/Stats2020SS3201.html#Stats2020SS3201page79)) **NRS 289.092  Suspension without pay pending criminal prosecution; award of back pay under certain circumstances.  **If a law enforcement agency suspends a peace officer without pay pending the outcome of a criminal prosecution, the law enforcement agency shall award the peace officer back pay for the duration of the suspension if: 1.  The charges against the peace officer are dismissed; 2.  The peace officer is found not guilty at trial; or 3.  The peace officer is not subjected to punitive action in connection with the alleged misconduct. (Added to NRS by [[2019, 2660]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201916.html#Stats201916page2660)) **NRS 289.095  Investigation of motor vehicle crashes involving peace officers.** 1.  In a county whose population is 100,000 or more, each law enforcement agency shall adopt policies and procedures to govern the investigation of motor vehicle crashes in which a peace officer employed by the law enforcement agency is involved. The policies and procedures must include, without limitation, a requirement that if such a motor vehicle crash results in a fatal injury to any person, the motor vehicle crash must be investigated by a law enforcement agency other than the law enforcement agency that employs the peace officer involved in the crash unless: (a) Another law enforcement agency does not have comparable equipment and personnel to investigate the crash at least as effectively as the law enforcement agency that employs the peace officer involved in the motor vehicle crash; (b) Another law enforcement agency is unavailable to investigate the motor vehicle crash; or (c) Investigation of the motor vehicle crash by another law enforcement agency would delay the initiation of the investigation such that the integrity of the crash scene and preservation and collection of evidence may be jeopardized by such a delay. 2.  This section does not prohibit a law enforcement agency in a county whose population is 100,000 or more from entering into agreements for cooperation with agencies in other jurisdictions for the investigation of motor vehicle crashes in which a peace officer of the law enforcement agency is involved. (Added to NRS by [[2013, 615]](https://www.leg.state.nv.us/Statutes/77th2013/Stats201304.html#Stats201304page615); A [[2015, 1664]](https://www.leg.state.nv.us/Statutes/78th2015/Stats201516.html#Stats201516page1664)) **NRS 289.100  Limitations on application of chapter.** 1.  This chapter does not prohibit any agreements for cooperation between the law enforcement agency and agencies in other jurisdictions. 2.  This chapter does not affect any procedures which have been adopted by the law enforcement agency if those procedures provide the same or greater rights than provided for in this chapter. (Added to NRS by [[1983, 2098]](https://www.leg.state.nv.us/Statutes/62nd/Stats198309.html#Stats198309page2098)) **NRS 289.110  Report concerning improper governmental action; investigation of report; reprisal by employer prohibited.** 1.  A peace officer may disclose information regarding improper governmental action by filing a report with: (a) The district attorney of the county in which the improper governmental action occurred; or (b) The Attorney General if the district attorney referred to in paragraph (a) is involved in the improper governmental action. 2.  Upon the filing of a report pursuant to subsection 1, the district attorney or Attorney General may investigate the report and determine whether improper governmental action did occur. Upon the completion of the investigation the district attorney or Attorney General: (a) If the district attorney or Attorney General determines that improper governmental action did occur, may prosecute the violation. The Attorney General may prosecute such a violation if the district attorney fails or refuses so to act. (b) Shall notify the peace officer who filed the report of the results of the investigation. 3.  The employer of a peace officer shall not take any reprisal or retaliatory action against a peace officer who in good faith files a report pursuant to subsection 1. 4.  Nothing in this section authorizes a person to disclose information if disclosure is otherwise prohibited by law. 5.  This section does not apply to a peace officer who is employed by the State. 6.  As used in this section, "improper governmental action" means any action taken by an officer or employee of a law enforcement agency, while in the performance of the officer's or employee's official duties which is in violation of any state law or regulation. (Added to NRS by [[1991, 2212]](https://www.leg.state.nv.us/Statutes/66th/Stats199110.html#Stats199110page2212)) **NRS 289.120  Judicial relief available for aggrieved peace officer.  **Any peace officer aggrieved by an action of the employer of the peace officer in violation of this chapter may, after exhausting any applicable internal grievance procedures, grievance procedures negotiated pursuant to [[chapter 288]](https://www.leg.state.nv.us/nrs/NRS-288.html#NRS288) of NRS and other administrative remedies, apply to the district court for judicial relief. If the court determines that the employer has violated a provision of this chapter, the court shall order appropriate injunctive or other extraordinary relief to prevent the further occurrence of the violation and the taking of any reprisal or retaliatory action by the employer against the peace officer. (Added to NRS by [[1991, 2213]](https://www.leg.state.nv.us/Statutes/66th/Stats199110.html#Stats199110page2213)) **PERSONS POSSESSING POWERS OF PEACE OFFICERS** **NRS 289.150  Sheriffs, their deputies and correctional officers; city and town marshals, police officers and correctional officers; court bailiffs and deputy marshals of certain district courts; constables and their deputies.  **The following persons have the powers of a peace officer: 1.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers. 2.  Marshals, police officers and correctional officers of cities and towns. 3.  The bailiff of the Supreme Court. 4.  The bailiffs and deputy marshals of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests. 5.  Subject to the provisions of [[NRS 258.070]](https://www.leg.state.nv.us/nrs/NRS-258.html#NRS258Sec070), constables and their deputies. (Added to NRS by [[1993, 2520]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2520); A [[2007, 2191]](https://www.leg.state.nv.us/Statutes/74th/Stats200718.html#Stats200718page2191); [[2015, 2521]](https://www.leg.state.nv.us/Statutes/78th2015/Stats201524.html#Stats201524page2521)) **NRS 289.152  Persons employed as police officers by Indian tribe.** 1.  In accordance with the provisions of [[NRS 41.430]](https://www.leg.state.nv.us/nrs/NRS-041.html#NRS041Sec430) and [[194.040]](https://www.leg.state.nv.us/nrs/NRS-194.html#NRS194Sec040), a person employed as a police officer by an Indian tribe may exercise the powers of a peace officer. 2.  Before any officer pursuant to subsection 1 shall exercise the powers of a peace officer, he or she must be certified as a category I peace officer by the Peace Officers' Standards and Training Commission. 3.  The authority of an officer pursuant to subsection 1 to exercise the powers of a peace officer is limited to the boundaries of the Indian reservation or Indian colony, unless a county sheriff and the Indian tribe, in consultation, execute a written agreement. Such an agreement must include, without limitation: (a) The respective rights and responsibilities of the county sheriff, the Indian tribe and any law enforcement agency pursuant to subsection 4; and (b) The authority of the officer to act within the geographic boundaries of the county. 4.  The county sheriff shall have jurisdiction and authority to execute a written agreement with an Indian tribe pursuant to subsection 3 on behalf of all law enforcement agencies who have authority to act within the geographic boundaries of the county, and such an agreement shall unilaterally bind all such law enforcement agencies to the terms of the written agreement. 5.  For the purpose of this section, a law enforcement agency pursuant to subsection 4: (a) Is deemed to have consented to: (1) The jurisdiction and authority of the county sheriff to execute a written agreement pursuant to subsection 3 on behalf of the law enforcement agency; and (2) All of the terms of the written agreement executed pursuant to subsection 3; and (b) Shall not independently execute a written agreement with an Indian tribe for any purpose set forth in this section. 6.  Nothing in this section impairs or affects the existing status and sovereignty of an Indian tribe as established under the laws of the United States. 7.  As used in this section: (a) "Category I peace officer" has the meaning ascribed to it in [[NRS 289.460]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec460). (b) "Indian tribe" means any tribe, band, nation or other organized group or community of Indians which is recognized as eligible for the special programs and services provided by the United States to native Indians because of their status as native Indians and has executed a written agreement with the Peace Officers' Standards and Training Commission. (c) "Law enforcement agency" means a metropolitan police department or the police department of an incorporated city. (d) "Written agreement" includes, without limitation, an interlocal agreement or memorandum of understanding executed between a county sheriff and an Indian tribe. (Added to NRS by [[2019, 533]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201903.html#Stats201903page533)) **NRS 289.155  Persons appointed and employed by Supreme Court to provide for safety and security of justices and employees of Supreme Court and carry out duties prescribed by Chief Justice.  **Any person appointed and employed by the Supreme Court pursuant to [[NRS 2.295]](https://www.leg.state.nv.us/nrs/NRS-002.html#NRS002Sec295) has the powers of a peace officer pursuant to [[NRS 289.460]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec460) when the person is carrying out duties prescribed by the Chief Justice. (Added to NRS by [[2011, 79]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201101.html#Stats201101page79)) **NRS 289.160  Security officers and other persons employed or appointed by local governments under certain circumstances.** 1.  A security officer employed: (a) Pursuant to [[NRS 244.167]](https://www.leg.state.nv.us/nrs/NRS-244.html#NRS244Sec167) by a board of county commissioners; or (b) Pursuant to [[NRS 266.323]](https://www.leg.state.nv.us/nrs/NRS-266.html#NRS266Sec323) by the governing body of a city, has the powers of a peace officer when the security officer is carrying out duties prescribed by ordinance. 2.  A person appointed pursuant to subsection 1 of [[NRS 269.235]](https://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec235) by a town board or board of county commissioners has the powers of a peace officer. 3.  Police officers and special police officers appointed pursuant to subsection 5 of [[NRS 269.240]](https://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec240) have, within the limits of the unincorporated town, the powers of making arrests which are exercised by a peace officer according to the laws of this State. (Added to NRS by [[1993, 2520]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2520)) **NRS 289.170  Special investigators employed by Attorney General; investigators employed by district attorney.  **Special investigators employed by the Attorney General and investigators employed by a district attorney have the powers of a peace officer. (Added to NRS by [[1993, 2520]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2520)) **NRS 289.175  Criminal investigators employed by Secretary of State.  **Criminal investigators employed by the Secretary of State have the powers of a peace officer. (Added to NRS by [[1999, 182]](https://www.leg.state.nv.us/Statutes/70th/Stats199902.html#Stats199902page182)) **NRS 289.180  Parole and probation officers; juvenile probation officers; alternative sentencing officers of department of alternative sentencing; director of juvenile services; Chief and parole officers of Youth Parole Bureau; director of department of juvenile justice services.** 1.  The following persons have the powers of a peace officer: (a) The Chief Parole and Probation Officer appointed pursuant to [[NRS 213.1092]](https://www.leg.state.nv.us/nrs/NRS-213.html#NRS213Sec1092); (b) Assistant parole and probation officers appointed pursuant to [[NRS 213.1095]](https://www.leg.state.nv.us/nrs/NRS-213.html#NRS213Sec1095); (c) The chief of a department of alternative sentencing established pursuant to [[NRS 211A.080]](https://www.leg.state.nv.us/nrs/NRS-211A.html#NRS211ASec080); and (d) Assistant alternative sentencing officers of a department of alternative sentencing. 2.  A juvenile probation officer or assistant juvenile probation officer whose official duties require such officer to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to title 5 of NRS or [[chapter 432B]](https://www.leg.state.nv.us/nrs/NRS-432B.html#NRS432B) of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties. 3.  A director of juvenile services has the powers of a peace officer in the director's judicial district when performing duties pursuant to title 5 of NRS or [[chapter 432B]](https://www.leg.state.nv.us/nrs/NRS-432B.html#NRS432B) of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties. 4.  The Chief of the Youth Parole Bureau of the Division of Child and Family Services in the Department of Health and Human Services and the parole officers of the Bureau have the powers of a peace officer in carrying out the functions of the Bureau. 5.  A director of a department of juvenile justice services established by ordinance pursuant to [[NRS 62G.210]](https://www.leg.state.nv.us/nrs/NRS-062G.html#NRS062GSec210) has the powers of a peace officer in the county when carrying out duties pursuant to title 5 of NRS or [[chapter 432B]](https://www.leg.state.nv.us/nrs/NRS-432B.html#NRS432B) of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties. (Added to NRS by [[1993, 2520]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2520); A [[1995, 703]](https://www.leg.state.nv.us/Statutes/68th/Stats199504.html#Stats199504page703), [](https://www.leg.state.nv.us/Statutes/68th/Stats199505.html#Stats199505page873); [[1997, 1480]](https://www.leg.state.nv.us/Statutes/69th/Stats199711.html#Stats199711page1480); [[2003, 1133]](https://www.leg.state.nv.us/Statutes/72nd/Stats200308.html#Stats200308page1133)) **NRS 289.190  School police officers; other officers and employees of school district.** 1.  A person employed or appointed to serve as a school police officer pursuant to subsection 5 of [[NRS 391.281]](https://www.leg.state.nv.us/nrs/NRS-391.html#NRS391Sec281) has the powers of a peace officer. A school police officer shall perform the officer's duties in compliance with the provisions of [[NRS 171.1223]](https://www.leg.state.nv.us/nrs/NRS-171.html#NRS171Sec1223). 2.  A person appointed pursuant to [[NRS 393.0718]](https://www.leg.state.nv.us/nrs/NRS-393.html#NRS393Sec0718) by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of [[NRS 393.071]](https://www.leg.state.nv.us/nrs/NRS-393.html#NRS393Sec071) to [[393.0719]](https://www.leg.state.nv.us/nrs/NRS-393.html#NRS393Sec0719), inclusive. 3.  Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of [[chapter 392]](https://www.leg.state.nv.us/nrs/NRS-392.html#NRS392) of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property. (Added to NRS by [[1993, 2521]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2521); A [[2001, 1870]](https://www.leg.state.nv.us/Statutes/71st/Stats200113.html#Stats200113page1870), [](https://www.leg.state.nv.us/Statutes/71st/Stats200116.html#Stats200116page2484); [[2003, 102]](https://www.leg.state.nv.us/Statutes/72nd/Stats200301.html#Stats200301page102); [[2015, 3838]](https://www.leg.state.nv.us/Statutes/78th2015/Stats201534.html#Stats201534page3838); [[2017, 2072]](https://www.leg.state.nv.us/Statutes/79th2017/Stats201712.html#Stats201712page2072), [](https://www.leg.state.nv.us/Statutes/79th2017/Stats201717.html#Stats201717page3165)) **NRS 289.200  Officers and employees of state facilities for detention of children.  **Officers and employees of the Nevada Youth Training Center, the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS have the powers of a peace officer so far as necessary to arrest children who have escaped from that facility. (Added to NRS by [[1993, 2521]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2521); A [[2003, 1133]](https://www.leg.state.nv.us/Statutes/72nd/Stats200308.html#Stats200308page1133)) **NRS 289.210  Legislative police.  **A legislative police officer of the State of Nevada has the powers of a peace officer when carrying out duties prescribed by the Legislative Commission. (Added to NRS by [[1993, 2521]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2521); A [[1995, 703]](https://www.leg.state.nv.us/Statutes/68th/Stats199504.html#Stats199504page703), [](https://www.leg.state.nv.us/Statutes/68th/Stats199513.html#Stats199513page2306)) **NRS 289.220  Director, officers and designated employees of Department of Corrections; certain employees of detention facilities of metropolitan police department.** 1.  The Director of the Department of Corrections, the Inspector General of the Department, a person employed by the Department as a criminal investigator and any officer or employee of the Department so designated by the Director have the powers of a peace officer when performing duties prescribed by the Director. For the purposes of this subsection, the duties which may be prescribed by the Director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the institutions and facilities of the Department. 2.  A person appointed pursuant to [[NRS 211.115]](https://www.leg.state.nv.us/nrs/NRS-211.html#NRS211Sec115) to administer detention facilities or a jail, and his or her subordinate jailers, corrections officers and other employees whose duties involve law enforcement have the powers of a peace officer. (Added to NRS by [[1993, 2521]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2521); A [[2001 Special Session, 235]](https://www.leg.state.nv.us/Statutes/17thSS/Stats2001SS1702.html#Stats2001SS1702page235); [[2009, 637]](https://www.leg.state.nv.us/Statutes/75th2009/Stats200907.html#Stats200907page637)) **NRS 289.230  California correctional officer.  **When, pursuant to California law, a California correctional officer has in the officer's custody in Nevada a prisoner of the State of California, the correctional officer may maintain custody of the prisoner in Nevada and retake the prisoner if the prisoner should escape in Nevada, to the same extent as if the correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to the officer's custody in proceedings under Nevada law. (Added to NRS by [[1993, 2522]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2522)) **NRS 289.240  Certain employees of Division of Public and Behavioral Health of Department of Health and Human Services.  **Forensic technicians and correctional officers employed by the Division of Public and Behavioral Health of the Department of Health and Human Services at facilities for offenders with mental disorders have the powers of peace officers when performing duties prescribed by the Administrator of the Division. (Added to NRS by [[1993, 843]](https://www.leg.state.nv.us/Statutes/67th/Stats199304.html#Stats199304page843); A [[1999, 113]](https://www.leg.state.nv.us/Statutes/70th/Stats199902.html#Stats199902page113)) **NRS 289.250  Foresters and firewardens; arson investigators.** 1.  The following persons have only those powers of a peace officer necessary to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire: (a) Paid foresters and firewardens appointed pursuant to paragraph (a) of subsection 2 of [[NRS 472.040]](https://www.leg.state.nv.us/nrs/NRS-472.html#NRS472Sec040). (b) Citizen-wardens appointed pursuant to paragraph (b) of subsection 2 of [[NRS 472.040]](https://www.leg.state.nv.us/nrs/NRS-472.html#NRS472Sec040). (c) Voluntary firewardens appointed pursuant to paragraph (c) of subsection 2 of [[NRS 472.040]](https://www.leg.state.nv.us/nrs/NRS-472.html#NRS472Sec040). 2.  A paid forester or firewarden appointed as an arson investigator pursuant to paragraph (d) of subsection 2 of [[NRS 472.040]](https://www.leg.state.nv.us/nrs/NRS-472.html#NRS472Sec040) has the powers of a peace officer. 3.  An arson investigator designated as a peace officer pursuant to: (a) Paragraph (c) of subsection 1 of [[NRS 244.2961]](https://www.leg.state.nv.us/nrs/NRS-244.html#NRS244Sec2961); or (b) Subsection 3 of [[NRS 266.310]](https://www.leg.state.nv.us/nrs/NRS-266.html#NRS266Sec310), has the powers of a peace officer. (Added to NRS by [[1993, 2522]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2522); A [[2011, 723]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201107.html#Stats201107page723)) **NRS 289.260  Rangers and employees of Division of State Parks of State Department of Conservation and Natural Resources.** 1.  Rangers and employees of the Division of State Parks of the State Department of Conservation and Natural Resources have, at the discretion of the Administrator of the Division, the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the Division. 2.  An employee of the Division of State Parks of the State Department of Conservation and Natural Resources appointed or designated pursuant to paragraph (b) of subsection 1 of [[NRS 407.065]](https://www.leg.state.nv.us/nrs/NRS-407.html#NRS407Sec065) has the powers of a peace officer. (Added to NRS by [[1993, 2522]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2522); A [[1999, 979]](https://www.leg.state.nv.us/Statutes/70th/Stats199907.html#Stats199907page979)) **NRS 289.270  Director and certain employees of Department of Public Safety; certain officers and employees of Office of the Military and Department of Motor Vehicles.** 1.  The following persons have the powers of a peace officer: (a) The Director of the Department of Public Safety. (b) The chiefs of the divisions of the Department of Public Safety. (c) The deputy directors of the Department of Public Safety employed pursuant to [[NRS 480.120]](https://www.leg.state.nv.us/nrs/NRS-480.html#NRS480Sec120). (d) The sworn personnel of the Department of Public Safety. (e) The Chief of the Division of Emergency Management of the Office of the Military. 2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to [[NRS 481.048]](https://www.leg.state.nv.us/nrs/NRS-481.html#NRS481Sec048). 3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to [[NRS 481.0481]](https://www.leg.state.nv.us/nrs/NRS-481.html#NRS481Sec0481), have the powers of peace officers in carrying out their duties under that section. (Added to NRS by [[1993, 2522]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2522); A [[1995, 2306]](https://www.leg.state.nv.us/Statutes/68th/Stats199513.html#Stats199513page2306); [[1997, 3263]](https://www.leg.state.nv.us/Statutes/69th/Stats199722.html#Stats199722page3263); [[1999, 1255]](https://www.leg.state.nv.us/Statutes/70th/Stats199908.html#Stats199908page1255), [](https://www.leg.state.nv.us/Statutes/70th/Stats199919.html#Stats199919page3128), [](https://www.leg.state.nv.us/Statutes/70th/Stats199922.html#Stats199922page3591), [](https://www.leg.state.nv.us/Statutes/70th/Stats199922.html#Stats199922page3595); [[2001, 2593]](https://www.leg.state.nv.us/Statutes/71st/Stats200117.html#Stats200117page2593); [[2003, 2525]](https://www.leg.state.nv.us/Statutes/72nd/Stats200320.html#Stats200320page2525); [[2005, 673]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page673); [[2011, 724]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201107.html#Stats201107page724); [[2015, 224]](https://www.leg.state.nv.us/Statutes/78th2015/Stats201503.html#Stats201503page224); [[2019, 1077]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201906.html#Stats201906page1077); [[2021, 2090]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202115.html#Stats202115page2090)) **NRS 289.280  Game wardens.  **A person designated as a game warden pursuant to [[NRS 501.349]](https://www.leg.state.nv.us/nrs/NRS-501.html#NRS501Sec349) is a peace officer for the purposes of: 1.  The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of title 45 of NRS and [[chapter 488]](https://www.leg.state.nv.us/nrs/NRS-488.html#NRS488) of NRS. 2.  The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to title 45 of NRS and [[chapter 488]](https://www.leg.state.nv.us/nrs/NRS-488.html#NRS488) of NRS. (Added to NRS by [[1993, 2523]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2523)) **NRS 289.290  Agricultural police officers appointed by State Department of Agriculture.** 1.  An agricultural police officer appointed by the Director of the State Department of Agriculture pursuant to [[NRS 561.225]](https://www.leg.state.nv.us/nrs/NRS-561.html#NRS561Sec225) is a peace officer for the purposes of: (a) The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of titles 49 and 50 of NRS and [[chapters 581]](https://www.leg.state.nv.us/nrs/NRS-581.html#NRS581), [](https://www.leg.state.nv.us/nrs/NRS-582.html#NRS582), [](https://www.leg.state.nv.us/nrs/NRS-583.html#NRS583), [](https://www.leg.state.nv.us/nrs/NRS-584.html#NRS584), [](https://www.leg.state.nv.us/nrs/NRS-586.html#NRS586), [](https://www.leg.state.nv.us/nrs/NRS-587.html#NRS587), [](https://www.leg.state.nv.us/nrs/NRS-588.html#NRS588) and [](https://www.leg.state.nv.us/nrs/NRS-590.html#NRS590) of NRS. (b) The enforcement of all laws of the State of Nevada while he or she is performing his or her duties pursuant to titles 49 and 50 of NRS and [[chapters 581]](https://www.leg.state.nv.us/nrs/NRS-581.html#NRS581), [](https://www.leg.state.nv.us/nrs/NRS-582.html#NRS582), [](https://www.leg.state.nv.us/nrs/NRS-583.html#NRS583), [](https://www.leg.state.nv.us/nrs/NRS-584.html#NRS584), [](https://www.leg.state.nv.us/nrs/NRS-586.html#NRS586), [](https://www.leg.state.nv.us/nrs/NRS-587.html#NRS587), [](https://www.leg.state.nv.us/nrs/NRS-588.html#NRS588) and [](https://www.leg.state.nv.us/nrs/NRS-590.html#NRS590) of NRS. 2.  Before any officer described in subsection 1 may exercise the powers of a peace officer, he or she must be certified as a category I peace officer by the Peace Officers' Standards and Training Commission. (Added to NRS by [[1993, 2523]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2523); A [[1995, 703]](https://www.leg.state.nv.us/Statutes/68th/Stats199504.html#Stats199504page703); [[1999, 3621]](https://www.leg.state.nv.us/Statutes/70th/Stats199923.html#Stats199923page3621); [[2001, 1728]](https://www.leg.state.nv.us/Statutes/71st/Stats200112.html#Stats200112page1728); [[2003, 2166]](https://www.leg.state.nv.us/Statutes/72nd/Stats200317.html#Stats200317page2166); [[2005, 1104]](https://www.leg.state.nv.us/Statutes/73rd/Stats200512.html#Stats200512page1104); [[2013, 1800]](https://www.leg.state.nv.us/Statutes/77th2013/Stats201311.html#Stats201311page1800); [[2021, 1907]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202114.html#Stats202114page1907)) **NRS 289.300  Investigator of Private Investigator's Licensing Board; criminal investigator of State Contractors' Board.** 1.  A person employed as an investigator by the Private Investigator's Licensing Board pursuant to [[NRS 648.025]](https://www.leg.state.nv.us/nrs/NRS-648.html#NRS648Sec025) has the powers of a peace officer. 2.  A person employed as a criminal investigator by the State Contractors' Board pursuant to [[NRS 624.112]](https://www.leg.state.nv.us/nrs/NRS-624.html#NRS624Sec112) has the powers of a peace officer to carry out the person's duties pursuant to subsection 2 of [[NRS 624.115]](https://www.leg.state.nv.us/nrs/NRS-624.html#NRS624Sec115). (Added to NRS by [[1993, 2523]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2523); A [[1995, 304]](https://www.leg.state.nv.us/Statutes/68th/Stats199502.html#Stats199502page304); [[1999, 2967]](https://www.leg.state.nv.us/Statutes/70th/Stats199918.html#Stats199918page2967); [[2003, 1905]](https://www.leg.state.nv.us/Statutes/72nd/Stats200315.html#Stats200315page1905)) **NRS 289.310  Commissioner of Insurance and chief deputy.  **The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance are peace officers for the limited purposes of obtaining and exchanging information on applicants and licensees under title 57 of NRS. (Added to NRS by [[1993, 2523]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2523)) **NRS 289.320  Certain designated employees of Nevada Transportation Authority.  **An employee of the Nevada Transportation Authority whom it designates as an inspector is a peace officer and has police power for the enforcement of the provisions of: 1.  [[Chapters 706]](https://www.leg.state.nv.us/nrs/NRS-706.html#NRS706) and [](https://www.leg.state.nv.us/nrs/NRS-712.html#NRS712) of NRS and all regulations of the Nevada Transportation Authority or the Department of Motor Vehicles pertaining thereto; and 2.  [[Chapter 482]](https://www.leg.state.nv.us/nrs/NRS-482.html#NRS482) of NRS and [[NRS 483.230]](https://www.leg.state.nv.us/nrs/NRS-483.html#NRS483Sec230), [[483.350]](https://www.leg.state.nv.us/nrs/NRS-483.html#NRS483Sec350) and [[483.530]](https://www.leg.state.nv.us/nrs/NRS-483.html#NRS483Sec530) to [[483.620]](https://www.leg.state.nv.us/nrs/NRS-483.html#NRS483Sec620), inclusive, for the purposes of carrying out the provisions of [[chapter 706]](https://www.leg.state.nv.us/nrs/NRS-706.html#NRS706) of NRS. (Added to NRS by [[1993, 2523]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2523); A [[1997, 1987]](https://www.leg.state.nv.us/Statutes/69th/Stats199713.html#Stats199713page1987); [[2001, 2594]](https://www.leg.state.nv.us/Statutes/71st/Stats200117.html#Stats200117page2594); [[2007, 2052]](https://www.leg.state.nv.us/Statutes/74th/Stats200717.html#Stats200717page2052)) **NRS 289.330  Railroad police officer.  **A person commissioned and appointed to serve as a railroad police officer pursuant to subsection 1 of [[NRS 705.220]](https://www.leg.state.nv.us/nrs/NRS-705.html#NRS705Sec220) has the powers of a peace officer upon the premises or property owned or operated by the railroad company which employs the railroad police officer. (Added to NRS by [[1993, 2523]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2523)) **NRS 289.340  Taxicab field investigator or airport control officer designated by Taxicab Administrator; enforcement of certain provisions governing transportation network companies.  **An employee designated by the Taxicab Administrator as: 1.  A taxicab field investigator is a peace officer for the purposes of enforcing the provisions of [[chapter 706]](https://www.leg.state.nv.us/nrs/NRS-706.html#NRS706) of NRS. Such an investigator enforcing the provisions of subsection 1 of [[NRS 706A.280]](https://www.leg.state.nv.us/nrs/NRS-706A.html#NRS706ASec280) pursuant to [[NRS 706.8818]](https://www.leg.state.nv.us/nrs/NRS-706.html#NRS706Sec8818) must have probable cause that a driver is violating subsection 1 of [[NRS 706A.280]](https://www.leg.state.nv.us/nrs/NRS-706A.html#NRS706ASec280) to initiate a traffic stop of the driver's vehicle. 2.  An airport control officer is a peace officer only when on duty at the airport. (Added to NRS by [[1993, 2524]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2524); A [[2017, 3839]](https://www.leg.state.nv.us/Statutes/79th2017/Stats201721.html#Stats201721page3839)) **NRS 289.350  Members of police department of Nevada System of Higher Education.** 1.  A person employed and compensated as a member of the police department of the Nevada System of Higher Education, when appointed pursuant to subsection 1 of [[NRS 396.325]](https://www.leg.state.nv.us/nrs/NRS-396.html#NRS396Sec325) and duly sworn, is a peace officer, but may exercise the officer's power or authority only: (a) Upon the campuses of the Nevada System of Higher Education, including that area to the center line of public streets adjacent to a campus; (b) When in hot pursuit of a violator leaving such a campus or area; (c) In or about other grounds or properties of the Nevada System of Higher Education; or (d) Except as limited by subsection 2, in accordance with interlocal agreements entered into with other law enforcement agencies. 2.  An interlocal agreement between the police department for the Nevada System of Higher Education and other law enforcement agencies may allow a peace officer of the police department of the Nevada System of Higher Education to exercise the officer's power or authority: (a) On any public street that is adjacent to property owned by the Nevada System of Higher Education. (b) On any property that is consistently used by an organization whose recognition by the Nevada System of Higher Education is a necessary condition for its continued operation. (c) On any property that is rented or leased by the Nevada System of Higher Education for an event that is approved by the Nevada System of Higher Education. (d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement. (Added to NRS by [[1993, 2524]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2524)) **NRS 289.355  Persons designated as enforcement agents by Cannabis Compliance Board.  **A person designated as an enforcement agent by the Cannabis Compliance Board is a peace officer for the purpose of the enforcement of the provisions of title 56 of NRS, including, without limitation, the prevention of unlicensed cannabis sales. (Added to NRS by [[2019, 3866]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201922.html#Stats201922page3866)) **NRS 289.360  Members and agents of Nevada Gaming Control Board; members of Nevada Gaming Commission.** 1.  For the purpose of the administration and enforcement of the provisions of [[chapter 205]](https://www.leg.state.nv.us/nrs/NRS-205.html#NRS205) of NRS involving a crime against the property of a gaming licensee, or [[chapter 462]](https://www.leg.state.nv.us/nrs/NRS-462.html#NRS462), [](https://www.leg.state.nv.us/nrs/NRS-463.html#NRS463), [[463B]](https://www.leg.state.nv.us/nrs/NRS-463B.html#NRS463B), [](https://www.leg.state.nv.us/nrs/NRS-464.html#NRS464) or [](https://www.leg.state.nv.us/nrs/NRS-465.html#NRS465) of NRS, the members of the Nevada Gaming Control Board and the Nevada Gaming Commission and those agents of the Board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer. 2.  An agent of the Nevada Gaming Control Board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the Peace Officers' Standards and Training Commission, also has the powers of a peace officer when, during the performance of those duties: (a) A felony, gross misdemeanor or misdemeanor is committed or attempted in the agent's presence; or (b) The agent is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of the agent's presence. 3.  For the purpose of protecting members of the Nevada Gaming Control Board and of the Nevada Gaming Commission and their families and property, and providing security at meetings of the Board and of the Commission, an agent of the Board whose duties include the enforcement of statutes or regulations has the powers of a peace officer. (Added to NRS by [[1993, 2524]](https://www.leg.state.nv.us/Statutes/67th/Stats199312.html#Stats199312page2524); A [[1999, 2425]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2425)) **ADVISORY REVIEW BOARDS** **NRS 289.380  Creation by governing body of city or county; number, appointment and qualifications of members.** 1.  Except as otherwise provided in [[NRS 289.383]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec383), the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county. 2.  A review board created pursuant to subsection 1 must consist of: (a) In a city whose population is 220,000 or more or a county whose population is 100,000 or more, 25 members; and (b) In a city whose population is less than 220,000 or a county whose population is less than 100,000, 12 members. 3.  Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate. 4.  A person appointed to the review board must: (a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable. (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of [[NRS 289.010]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec010) to [[289.120]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec120), inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables. (Added to NRS by [[1997, 2515]](https://www.leg.state.nv.us/Statutes/69th/Stats199717.html#Stats199717page2515); A [[2001, 1974]](https://www.leg.state.nv.us/Statutes/71st/Stats200114.html#Stats200114page1974); [[2005, 624]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page624); [[2011, 1207]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201110.html#Stats201110page1207)) **NRS 289.383  Creation by political subdivisions upon request from metropolitan police department; number, appointment and qualifications of members.** 1.  If a metropolitan police department has been formed pursuant to [[NRS 280.110]](https://www.leg.state.nv.us/nrs/NRS-280.html#NRS280Sec110), the metropolitan police committee on fiscal affairs may request the participating political subdivisions to create a review board to advise the committee on issues concerning peace officers employed by the metropolitan police department. The participating subdivisions may jointly create such a review board by mutual ordinances. 2.  A review board created pursuant to subsection 1 must consist of 25 members, appointed from a list of names submitted by interested persons. The members of the metropolitan police committee on fiscal affairs who are representatives of the county shall appoint 13 members of the review board, and the members of the metropolitan police committee on fiscal affairs who are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members. If an insufficient number of names of interested persons are submitted, the members of the metropolitan police committee on fiscal affairs shall appoint the remaining members in the manner they deem appropriate. 3.  A person appointed to the review board must: (a) Be a resident within the jurisdiction of the participating subdivisions for which the review board was created, except no member of the review board may be currently employed as a peace officer. (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, the provisions of [[NRS 289.010]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec010) to [[289.120]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec120), inclusive, and the employment contracts of the peace officers. (Added to NRS by [[1997, 2516]](https://www.leg.state.nv.us/Statutes/69th/Stats199717.html#Stats199717page2516); A [[2005, 624]](https://www.leg.state.nv.us/Statutes/73rd/Stats200507.html#Stats200507page624)) **NRS 289.385  Limitation on jurisdiction; abridgement of contractual or statutory rights of peace officer prohibited.  **A review board created pursuant to [[NRS 289.380]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec380) or [[289.383]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec383): 1.  Does not have jurisdiction over any matter in which it is alleged that a crime has been committed. 2.  Shall not abridge the rights of a peace officer, school police officer, constable or deputy of a constable that are granted pursuant to a collective bargaining agreement, a contract or any federal or state statute or regulation. (Added to NRS by [[1997, 2516]](https://www.leg.state.nv.us/Statutes/69th/Stats199717.html#Stats199717page2516)) **NRS 289.387  Panel of board: Selection of members; powers and duties; proceedings; rights of officer investigated.** 1.  A review board that is created pursuant to paragraph (a) of subsection 2 of [[NRS 289.380]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec380) or pursuant to [[NRS 289.383]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec383) must meet in panels of five members to carry out its duties. 2.  A review board that is created pursuant to paragraph (b) of subsection 2 of [[NRS 289.380]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec380) must meet in panels of three members to carry out its duties. 3.  Members must be selected randomly to serve on a panel, and the panel shall select one of its members to serve as chair of the panel. 4.  A panel of a review board created pursuant to [[NRS 289.380]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec380) or [[289.383]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec383) may: (a) Refer a complaint against a peace officer, school police officer, constable or deputy of a constable to the employer of the peace officer, school police officer, constable or deputy of a constable. (b) Review an internal investigation of a peace officer, school police officer, constable or deputy of a constable within the jurisdiction of the governing body that created the review board and make recommendations regarding any disciplinary action against the peace officer, school police officer, constable or deputy of a constable that is recommended by his or her employer, including, without limitation: (1) Increasing or decreasing the recommended level of discipline; and (2) Exonerating the peace officer, school police officer, constable or deputy of a constable who has been the subject of the internal investigation. 5.  The employer of a peace officer, school police officer, constable or deputy of a constable shall make available to a panel of the review board any personnel file or other material necessary for the panel to conduct a review. 6.  When reviewing an internal investigation of a peace officer, school police officer, constable or deputy of a constable pursuant to subsection 4, the panel shall provide the peace officer, school police officer, constable or deputy of a constable with notice and an opportunity to be heard. The peace officer, school police officer, constable or deputy of a constable may represent himself or herself at the hearing before the panel or be represented by an attorney or other person of his or her own choosing. The review board, governing body and employer of the peace officer, school police officer, constable or deputy of a constable are not responsible for providing such representation. 7.  The chair of a panel of a review board shall report the findings and recommendation of the panel regarding disciplinary action to the employer of the peace officer, school police officer, constable or deputy of a constable. 8.  A police officer, school police officer, constable or deputy of a constable may appeal a recommendation made by a panel of the review board. The ordinance pursuant to which the review board is created must specify the manner for conducting appeals, and may provide for, if both parties agree, without limitation, mediation, conciliation or review by another panel of randomly selected members of the review board. If the appeal is heard by another panel of the review board, the determination made by the panel hearing the appeal is final and binding and is not subject to judicial review. 9.  The findings and recommendation of a panel of the review board are public records unless otherwise declared confidential by state or federal law. 10.  A proceeding of a panel of such a review board is closed to the public. (Added to NRS by [[1997, 2516]](https://www.leg.state.nv.us/Statutes/69th/Stats199717.html#Stats199717page2516)) **NRS 289.390  Panel of board: Oaths; subpoenas.** 1.  A panel of a review board that is created pursuant to [[NRS 289.380]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec380) or [[289.383]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec383) may: (a) Administer oaths; (b) Take testimony; (c) Within the scope of its jurisdiction, issue subpoenas to compel the attendance of witnesses to testify before the panel; (d) Require the production of books, papers and documents; and (e) Issue commissions to take testimony. 2.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the panel may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents. (Added to NRS by [[1997, 2517]](https://www.leg.state.nv.us/Statutes/69th/Stats199717.html#Stats199717page2517)) **CERTIFICATION, TRAINING AND OPERATIONS** **General Provisions** **NRS 289.450  Definitions.  **As used in [[NRS 289.450]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec450) to [[289.680]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec680), inclusive, unless the context otherwise requires, the words and terms defined in [[NRS 289.460]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec460) to [[289.490]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec490), inclusive, have the meanings ascribed to them in those sections. (Added to NRS by [[1999, 2419]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2419); A [[2003, 2697]](https://www.leg.state.nv.us/Statutes/72nd/Stats200322.html#Stats200322page2697); [[2017, 231]](https://www.leg.state.nv.us/Statutes/79th2017/Stats201703.html#Stats201703page231); [[2019, 2096]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201912.html#Stats201912page2096), [](https://www.leg.state.nv.us/Statutes/80th2019/Stats201925.html#Stats201925page4462); [[2023, 2546]](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202322.html#Stats202322page2546)) **NRS 289.460  "Category I peace officer" defined.  **"Category I peace officer" means a peace officer who has unrestricted duties and who is not otherwise listed as a category II or category III peace officer. (Added to NRS by [[1999, 2419]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2419)) **NRS 289.470  "Category II peace officer" defined.  **"Category II peace officer" means: 1.  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests; 2.  Subject to the provisions of [[NRS 258.070]](https://www.leg.state.nv.us/nrs/NRS-258.html#NRS258Sec070), constables and their deputies; 3.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by [[chapters 706]](https://www.leg.state.nv.us/nrs/NRS-706.html#NRS706) and [](https://www.leg.state.nv.us/nrs/NRS-712.html#NRS712) of NRS; 4.  Special investigators who are employed full-time by the office of any district attorney or the Attorney General; 5.  Investigators of arson for fire departments who are specially designated by the appointing authority; 6.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson; 7.  Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in [[NRS 289.360]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec360), [[463.140]](https://www.leg.state.nv.us/nrs/NRS-463.html#NRS463Sec140) or [[463.1405]](https://www.leg.state.nv.us/nrs/NRS-463.html#NRS463Sec1405), except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses; 8.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of [[NRS 481.048]](https://www.leg.state.nv.us/nrs/NRS-481.html#NRS481Sec048); 9.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of [[NRS 481.0481]](https://www.leg.state.nv.us/nrs/NRS-481.html#NRS481Sec0481); 10.  Legislative police officers of the State of Nevada; 11.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services; 12.  Criminal investigators who are employed by the Division of Child and Family Services of the Department of Health and Human Services; 13.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to [[NRS 62G.210]](https://www.leg.state.nv.us/nrs/NRS-062G.html#NRS062GSec210) whose official duties require them to enforce court orders on juvenile offenders and make arrests; 14.  Field investigators of the Taxicab Authority; 15.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests; 16.  The chief of a department of alternative sentencing created pursuant to [[NRS 211A.080]](https://www.leg.state.nv.us/nrs/NRS-211A.html#NRS211ASec080) and the assistant alternative sentencing officers employed by that department; 17.  Agents of the Cannabis Compliance Board who exercise the powers of enforcement specified in [[NRS 289.355]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec355); 18.  Criminal investigators who are employed by the Secretary of State; and 19.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator. (Added to NRS by [[1999, 2419]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2419); A [[2001, 1729]](https://www.leg.state.nv.us/Statutes/71st/Stats200112.html#Stats200112page1729), [](https://www.leg.state.nv.us/Statutes/71st/Stats200117.html#Stats200117page2594); [[2003, 180]](https://www.leg.state.nv.us/Statutes/72nd/Stats200301.html#Stats200301page180), [](https://www.leg.state.nv.us/Statutes/72nd/Stats200308.html#Stats200308page1133), [](https://www.leg.state.nv.us/Statutes/72nd/Stats200320.html#Stats200320page2526); [[2009, 637]](https://www.leg.state.nv.us/Statutes/75th2009/Stats200907.html#Stats200907page637); [[2011, 79]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201101.html#Stats201101page79), [](https://www.leg.state.nv.us/Statutes/76th2011/Stats201107.html#Stats201107page724); [[2015, 2522]](https://www.leg.state.nv.us/Statutes/78th2015/Stats201524.html#Stats201524page2522); [[2019, 3255]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201919.html#Stats201919page3255), [](https://www.leg.state.nv.us/Statutes/80th2019/Stats201922.html#Stats201922page3867); [[2021, 1908]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202114.html#Stats202114page1908); [[2023, 506]](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202305.html#Stats202305page506)) **NRS 289.480  "Category III peace officer" defined.  **"Category III peace officer" means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection 19 of [[NRS 289.470]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec470). (Added to NRS by [[1999, 2421]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2421); A [[2001 Special Session, 236]](https://www.leg.state.nv.us/Statutes/17thSS/Stats2001SS1702.html#Stats2001SS1702page236); [[2009, 639]](https://www.leg.state.nv.us/Statutes/75th2009/Stats200907.html#Stats200907page639); [[2011, 80]](https://www.leg.state.nv.us/Statutes/76th2011/Stats201101.html#Stats201101page80), [](https://www.leg.state.nv.us/Statutes/76th2011/Stats201107.html#Stats201107page725); [[2019, 3256]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201919.html#Stats201919page3256); [[2021, 1909]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202114.html#Stats202114page1909); [[2023, 507]](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202305.html#Stats202305page507)) **NRS 289.490  "Commission" defined.  **"Commission" means the Peace Officers' Standards and Training Commission. (Added to NRS by [[1999, 2421]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2421)) **Administration** **NRS 289.500  Peace Officers' Standards and Training Commission: Creation; membership; terms and compensation of members.** 1.  The Peace Officers' Standards and Training Commission, consisting of 11 members, is hereby created. The Governor shall appoint 9 members to the Commission as follows: (a) Two members from Clark County, one of whom must be from a metropolitan police department created pursuant to [[chapter 280]](https://www.leg.state.nv.us/nrs/NRS-280.html#NRS280) of NRS if one exists in Clark County; (b) One member from Washoe County; (c) Three members from counties other than Clark and Washoe Counties; (d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers; (e) One member who is a category II peace officer; and (f) One member who is a category III peace officer. 2.  The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint to the Commission one member who is not a peace officer. A member appointed pursuant to this subsection must have demonstrated expertise in one or more of the following areas: (a) Implicit and explicit bias. (b) Cultural competency. (c) Mental health as it relates to policing and law enforcement engagement. (d) Working with children, elderly persons, persons who are pregnant, persons experiencing mental health crises, persons with physical, intellectual or developmental disabilities or persons from other vulnerable populations. 3.  Members of the Commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided for state officers and employees generally. 4.  The Governor shall make the appointments to the Commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this State and employee organizations that represent only peace officers of this State who are certified by the Commission. 5.  In making the appointments to the Commission, the Governor, the Majority Leader of the Senate and the Speaker of the Assembly shall consider the racial, gender and ethnic diversity of the Commission. (Added to NRS by [[1999, 2421]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2421); A [[2005, 1105]](https://www.leg.state.nv.us/Statutes/73rd/Stats200512.html#Stats200512page1105); [[2007, 595]](https://www.leg.state.nv.us/Statutes/74th/Stats200705.html#Stats200705page595); [[2021, 495]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202105.html#Stats202105page495)) **NRS 289.510  Peace Officers' Standards and Training Commission: Powers and duties; regulations; construction of section.** 1.  The Commission: (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission. (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State. (c) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in the regulations adopted pursuant to subsection 2. (d) Shall carry out the duties required of the Commission pursuant to [[NRS 432B.610]](https://www.leg.state.nv.us/nrs/NRS-432B.html#NRS432BSec610) and [[432B.620]](https://www.leg.state.nv.us/nrs/NRS-432B.html#NRS432BSec620). (e) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in [[NRS 289.450]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec450) to [[289.680]](https://www.leg.state.nv.us/nrs/nrs-289.html#NRS289Sec680), inclusive. (f) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe. (g) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion. 2.  The Commission shall adopt regulations establishing minimum standards for: (a) The certification and decertification, recruitment, selection and training of peace officers. The standards adopted pursuant to this paragraph must: (1) Establish requirements for evaluations to be conducted during the recruitment and selection of peace officers, which must identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression; (2) Establish requirements for basic training for category I, category II and category III peace officers and reserve peace officers; (3) Establish standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address: (I) Racial profiling; (II) Mental health, including, without limitation, crisis intervention; (III) The well-being of officers; (IV) Implicit bias recognition; (V) De-escalation; (VI) Human trafficking; and (VII) Firearms; (4) Establish qualifications for instructors of peace officers; (5) Establish requirements for the certification of a course of training; (6) Require all peace officers to receive training in the handling of cases involving abuse or neglect of children or missing children; (7) Require all peace officers to receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; (8) Not prohibit the certification of an applicant solely on the basis that the applicant has engaged in the adult use of cannabis or the medical use of cannabis; (9) Not require the decertification of a peace officer solely on the basis that the peace officer has engaged in the adult use of cannabis or the medical use of cannabis; and (10) Require the decertification of a peace officer upon a determination by the Commission that the peace officer knowingly provided false or misleading information in his or her application for certification. (b) An annual behavioral wellness visit for peace officers to aid in preserving the emotional and mental health of the peace officer and assessing any conditions that may affect the performance of duties by the peace officer. (c) The reciprocity of a person who has been certified as a category III peace officer or its equivalent by the certifying authority of another state or who has successfully completed a federal law enforcement training program that is equivalent to a category III peace officer in this State. 3.  The regulations adopted by the Commission pursuant to subsection 2: (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers; and (b) May require that training be carried on at institutions which it approves in those regulations. 4.  Nothing in this section shall be construed to prohibit a law enforcement agency from adopting a policy that requires a peace officer to submit to a screening test as: (a) A condition precedent to employment; or (b) A condition for continued employment. (Added to NRS by [[1999, 2421]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2421); A [[2001, 1730]](https://www.leg.state.nv.us/Statutes/71st/Stats200112.html#Stats200112page1730); [[2009, 2449]](https://www.leg.state.nv.us/Statutes/75th2009/Stats200924.html#Stats200924page2449); [[2015, 831]](https://www.leg.state.nv.us/Statutes/78th2015/Stats201508.html#Stats201508page831); [[2019, 1009]](https://www.leg.state.nv.us/Statutes/80th2019/Stats201906.html#Stats201906page1009), [](https://www.leg.state.nv.us/Statutes/80th2019/Stats201920.html#Stats201920page3495), [](https://www.leg.state.nv.us/Statutes/80th2019/Stats201925.html#Stats201925page4462); [[2021, 551]](https://www.leg.state.nv.us/Statutes/81st2021/Stats202105.html#Stats202105page551), [](https://www.leg.state.nv.us/Statutes/81st2021/Stats202105.html#Stats202105page574), [](https://www.leg.state.nv.us/Statutes/81st2021/Stats202108.html#Stats202108page950); [[2023, 839]](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202308.html#Stats202308page839), [](https://www.leg.state.nv.us/Statutes/82nd2023/Stats202322.html#Stats202322page2546)) **NRS 289.520  Executive Director: Appointment; qualifications; classification; restrictions on other employment; removal.  **The Commission, by majority vote of its members, shall appoint an Executive Director of the Commission. The Executive Director: 1.  Must be selected with special reference to the person's training, experience, capacity and interest in the field of administering laws and regulations relating to the training of peace officers. 2.  Is in the unclassified service of the State. 3.  Shall not pursue any other business or occupation, or perform any other duties of any other office of profit without the prior approval of the Commission. 4.  May be removed by the Commission, by a majority vote of its members, at any time for cause. (Added to NRS by [[1999, 2422]](https://www.leg.state.nv.us/Statutes/70th/Stats199915.html#Stats199915page2422)) **NRS 289.530  Powers and duties of Executive Director.** 1.  With the advice of the Commission, the Executive Director of the Commission may: (a) Appoint employees, agents, consultants and other staff of the Commission and prescribe their duties; (b) Administer and direct the daily operation of the staff and resources of the Commission; (c) Inspect academies for training peace officers, and issue and revoke certificates of approval to such academies; (d) Certify qualified instructors for approved courses of training for peace officers and issue appropriate certificates to instructors; (e) Certify peace officers who have satisfactorily completed courses of training for peace officers and issue basic, intermediate, advanced and management professional certificates to peace officers; (f) Make recommendations to the Commission concerning the issuance of executive certificates; (g) Cause annual audits to be made relating to the operation of academies for training peace officers; (h) Consult and cooperate with academies for training peace off