"Indigency" means the inability of a defendant, without causing the defendant or any of his or her dependents to have substantial hardship, to obtain competent, qualified legal counsel on his or her own. As used in this section, a defendant is presumed to have substantial hardship if:
1. The defendant: (a) Receives public assistance, as that term is defined in NRS 422A.065;(b) Resides in public housing, as that term is defined in NRS 315.021;(c) Has a household income that is less than 200 percent of the federally designated level signifying poverty;(d) Is serving a sentence in a correctional institution; or(e) Is housed in a mental health facility; or2. Despite not meeting any of the requirements set forth in subsection 1, because of his or her particular circumstances, including, without limitation, the seriousness of the charges being faced, monthly expenses and local rates for private counsel, it is determined, after a more rigorous screening process, that substantial hardship would result if the defendant were to seek to retain private counsel.Nev. Admin. Code § 180.Sec. 6
Added to NAC by R042-20A, eff. 10/25/2021