NRS 41.950
Award of damages and other relief.

1.

In an action brought pursuant to NRS 41.900 which results in the court entering a certificate of innocence pursuant to NRS 41.910, the court shall award the person:

(a)

If the person was imprisoned for:

(1)

One to 10 years, $50,000 for each year of imprisonment;

(2)

Eleven to 20 years, $75,000 for each year of imprisonment; or

(3)

Twenty-one years or more, $100,000 for each year of imprisonment; and

(b)

Not less than $25,000 for each year the person was on parole or not less than $25,000 for each year the person was required to register as a sex offender, whichever period of time was greater.

2.

In addition to any damages awarded pursuant to subsection 1, the court may award:

(a)

Reasonable attorney’s fees, not to exceed $25,000, unless a greater amount is authorized by a court upon a finding of good cause shown.

(b)

Payment for the cost of:

(1)

Tuition, books and fees for the person to attend an institution operated by the Nevada System of Higher Education;

(2)

Participation by the person in a health care program of this State;

(3)

Programs for reentry into the community for the person; and

(4)

Counseling services for the person;

(c)

Reimbursement for:

(1)

Restitution ordered to be paid by the person in the criminal proceeding for which he or she was wrongfully convicted; and

(2)

Medical care paid for by the person while he or she was imprisoned for his or her wrongful conviction; and

(d)

Any other relief, including, without limitation, housing assistance or assistance for financial literacy for the person.

3.

Any award of damages issued pursuant to subsection 1 must be rounded up to the nearest half year.

4.

A court shall not award and a person shall not receive compensation for any period of imprisonment during which the person was concurrently serving a sentence for a conviction of another offense for which the person was lawfully convicted and imprisoned.

5.

If counseling services are awarded to the person pursuant to subsection 2, the person may select a relative to receive counseling with the person. As used in this subsection, “relative” means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

Source: Section 41.950 — Award of damages and other relief., https://www.­leg.­state.­nv.­us/NRS/NRS-041.­html#NRS041Sec950.

Last Updated

Jun. 24, 2021

§ 41.950’s source at nv​.us