Nev. Admin. Code § 213.205

Current through December 12, 2024

Section 213.205 - Preparation of official documents for clemency

1. If the Board grants clemency:

(a) The Secretary shall prepare two official documents which:

(1) Describe the fine, forfeiture, sentence or punishment that is the subject of the Board's action, the action taken by the Board and the consequences of that action, including, without limitation, any limitations or conditions on the action; and

(2) Are signed by the Secretary of State and attested with the Great Seal of the State of Nevada;

(b) Each member of the Board who voted in favor of the action shall sign the official documents prepared by the Secretary; and

(c) A member of the Board who voted against the granting of clemency may sign the official documents prepared by the Secretary to affirm that the official documents reflect the action taken by the Board.

2. Except as otherwise provided in this subsection, the Secretary may not prepare an official document if the Board refuses to grant clemency. If the Board has refused to grant clemency and instructs the Secretary to prepare an official document reflecting that action, the Secretary shall prepare an official document reflecting the Board's refusal to grant clemency.

3. If a member of the Board who voted in favor of granting clemency is no longer a member of the Board or is unable to sign the official documents prepared by the Secretary pursuant to subsection 1 and a majority of the members of the Board who voted in favor of the action are no longer members of the Board, the current Governor, Attorney General and Chief Justice of the Supreme Court may sign an instrument of clemency certifying the action of the Board based on the transcripts and minutes taken at the meeting of the Board.

4. The Secretary shall:

(a) Keep at the primary office of the Secretary one official document prepared and signed pursuant to subsection 1.

(b) Provide to the person to whom clemency was granted one official document prepared pursuant to subsection 1.

5. The Secretary may certify a copy of an official document prepared pursuant to subsection 1.

Nev. Admin. Code § 213.205

Added to NAC by Bd. of Pardons Comm'rs by R085-09, eff. 8-13-2010

NRS 213.017, 233B.040, 233B.050