Section 180.Sec. 23 - NEW1. A plan for the provision of indigent defense services must set forth the process of screening for indigency that is necessary for the judicial determination of eligibility for appointed counsel. The process of screening for indigency must: (a) Occur prior to, or at the earlier of, the initial arraignment or appearance and not later than 48 hours after the arrest of the defendant; and(b) Describe the person or agency responsible for the screening.2. After such screening and upon a judge, justice of the peace, municipal judge or master finding that a defendant is eligible for appointed counsel in accordance with subsection 3 of NRS 171.188, the plan must provide for the prompt appointment of counsel. If a public defender is disqualified from providing representation, a plan must provide for the selection of another attorney in accordance with NRS 7.115 and 171.188.3. Each plan for the provision of indigent defense services must provide for a first tier and second tier of indigent defense representation. If a county uses multiple attorneys who are independent contractors for first tier representation in lieu of an office of public defender, the plan must describe how the attorneys will be assigned to cases in the first tier. A first tier consisting of multiple independent attorneys or offices may constitute a first tier and second tier, as determined by the Department. If a plan provides that an office of public defender will provide first tier representation but the public defender is disqualified, a plan must describe the second tier and how attorneys in that tier are assigned cases. The distribution of cases within the first tier and second tier may be made on a rotational basis or in accordance with another method that ensures the fair distribution of cases. Unless an exception is requested from and granted by the Department, a county may not provide in its plan that it will rely upon the roster of attorneys compiled by the Department pursuant to section 30 of LCB File No. R042-20, as amended by section 5, to provide first tier and second tier representation. 4. A plan for the provision of indigent defense services must require that an attorney be present at pretrial release hearings, initial appearances and arraignments and be prepared to address appropriate release conditions in accordance with all relevant laws, rules of criminal procedure and caselaw and set forth the process for assigning or determining the attorney who will be present. A plan must provide that a timely initial appearance or arraignment must not be delayed pending a determination of the indigency of a defendant. 5. This section must not be construed to preclude a defendant from waiving the appointment of an attorney in accordance with subsection 1 of NRS 171.188.Nev. Admin. Code § 180.Sec. 23
Added to NAC by R042-20A, eff. 10/25/2021; A by R033-23A, eff. 12/15/2023