[Rev. 12/21/2019 11:21:05 AM--2019]
NRS 248.005 Qualifications.
NRS 248.010 Election; term of office; exception.
NRS 248.020 Oath and bond.
NRS 248.030 Office; hours to remain open.
NRS 248.040 Deputies: Appointment and removal in smaller counties; oath; recording of appointment; bonds.
NRS 248.045 Appointment and removal of police officers by sheriff of metropolitan police department; appointment and removal of deputies in larger counties.
CONTROL OF JAIL
NRS 248.050 Custody of jail and prisoners.
NRS 248.060 Penalty for sheriff or jailer refusing to receive or arrest.
DUTIES; POWERS; PROHIBITED ACTS; PROCESS; LIABILITIES
NRS 248.090 General duties.
NRS 248.092 Searches and rescues.
NRS 248.100 Attendance at sessions of district court required in certain counties; duty to obey lawful orders of district court and to execute process, writs and warrants.
NRS 248.110 Practice of law prohibited.
NRS 248.120 Process, writ and orders to be endorsed; provision of memorandum or copy upon request.
NRS 248.130 Execution and endorsement of process; liability for failure to execute.
NRS 248.150 Liability to creditor for failure to attach, levy or sell.
NRS 248.160 Liability for collections.
NRS 248.170 Sheriff not to purchase at sale.
NRS 248.180 Collection of execution after expiration of term of office.
NRS 248.190 Service on sheriff: Manner.
NRS 248.210 Duties concerning riotous assembly; penalty.
NRS 248.220 Sheriff may call upon Governor for military aid to assist civil authorities in suppressing violence.
NRS 248.230 Penalty for failure to prevent duel.
NRS 248.242 Crash reports and related materials: Provision upon receipt of reasonable fee; exceptions.
NRS 248.245 Report of deaths to public administrator or person employed or contracted to perform the duties of public administrator in certain counties.
NRS 248.250 Duties pertaining to criminal procedure in justice courts.
FEES; COMMISSIONS; COMPENSATION; MILEAGE
NRS 248.275 Collection and deposit of fees; amount of commissions and mileage; entitlement to compensation.
NRS 248.285 Fees of sheriff of Carson City.
NRS 248.300 Sheriff to keep fee book.
NRS 248.310 Quarterly financial statements.
NRS 248.320 No other fees to be charged.
NRS 248.330 Failure to comply with certain statutory requirements: Penalty.
NRS 248.340 Punishment for taking excessive fees.
NRS 248.350 Civil liability for excessive fees.
NRS 248.360 Table of fees to be posted; penalties.
NRS 248.370 Cost of publication.
NRS 248.380 Fees payable in advance; execution.
NRS 248.390 Mileage for service of more than one process.
NRS 248.400 Computation of mileage.
NRS 248.410 No fee for returns; penalties.
1. No person is eligible to the office of sheriff unless the person:
(a) Will have attained the age of 21 years on the date he or she would take office if so elected;
(b) Is a qualified elector; and
(c) On or after January 1, 2010, meets the requirements set forth in subsection 2 or 3, as applicable.
2. If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is 100,000 or more, the person must meet the following requirements at the time he or she files his or her declaration of candidacy for the office:
(a) He or she has a history of at least 5 consecutive years of employment or service:
(1) As a peace officer;
(2) As a law enforcement officer of an agency of the United States;
(3) As a law enforcement officer of another state or political subdivision thereof; or
(4) In any combination of the positions described in subparagraphs (1), (2) and (3); and
(b) He or she has:
(1) Been certified as a category I peace officer by the Commission;
(2) Been certified as a category I peace officer or its equivalent by the certifying authority of another state that, as determined by the Commission, imposes requirements for certification as a category I peace officer in this State; or
(3) Successfully completed a federal law enforcement training program approved by the Commission.
3. If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is less than 100,000, the person is not required to meet any requirements with respect to employment, service, certification or training at the time he or she files his or her declaration of candidacy for the office. However, such a person forfeits his or her office if, within 1 year after the date on which the person takes office, the person fails to earn certification by the Commission as a category I peace officer, category II peace officer or category III peace officer.
4. A person who has been convicted of a felony in this State or any other state is not qualified to be a candidate for or elected or appointed to the office of sheriff regardless of whether the person has been restored to his or her civil rights.
5. As used in this section:
(a) “Category I peace officer” has the meaning ascribed to it in NRS 289.460.
(b) “Category II peace officer” has the meaning ascribed to it in NRS 289.470.
(c) “Category III peace officer” has the meaning ascribed to it in NRS 289.480.
(d) “Commission” means the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500.
(e) “Declaration of candidacy” has the meaning ascribed to it in NRS 293.0455.
(f) “Peace officer” has the meaning ascribed to it in NRS 289.010.
NRS 248.010 Election; term of office; exception. Unless the arrangement is altered pursuant to the mechanism set forth in NRS 244.1507:
1. Sheriffs must be elected by the qualified electors of their respective counties.
2. Sheriffs must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781] — (NRS A 2003, 2696; 2009, 592)
1. Take the oath of office.
2. Give a bond to his or her county in the penal sum of not less than $10,000 nor more than $50,000, with two or more sureties, residing in his or her county, or by any qualified surety company, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his or her office, unless a blanket fidelity bond is furnished by the county. The bond must be filed and recorded in the office of the county clerk of his or her county.
NRS 248.030 Office; hours to remain open. Sheriffs shall keep an office at the county seat of their county which shall be kept open in accordance with the provisions of NRS 245.040.
1. Except as provided in NRS 248.045, each sheriff may:
(a) Appoint, in writing signed by him or her, one or more deputies, who may perform all the duties devolving on the sheriff of the county and such other duties as the sheriff may from time to time direct. The appointment of a deputy sheriff must not be construed to confer upon that deputy policymaking authority for the office of the sheriff or the county by which the deputy sheriff is employed.
(b) Except as otherwise provided in this paragraph, only remove a deputy who has completed a probationary period of 12 months for cause. A deputy who functions as the head of a department or an administrative employee or who has not completed the probationary period may be removed at the sheriff’s pleasure.
2. For the purposes of paragraph (b) of subsection 1, in any county whose population is less than 45,000, “cause” includes, without limitation:
(a) Failure to be certified by the Peace Officers’ Standards and Training Commission within the time required by NRS 289.550;
(b) Loss of the certification by the Peace Officers’ Standards and Training Commission required by NRS 289.550; or
(c) Failure to maintain a valid driver’s license.
Ê This subsection does not limit or impair any internal grievance procedure, grievance procedure negotiated pursuant to chapter 288 of NRS or administrative remedy otherwise available to a deputy.
3. No deputy sheriff is qualified to act as such unless he or she has taken an oath to discharge the duties of the office faithfully and impartially. The oath, together with the written appointment, must be recorded in the office of the recorder of the county within which the sheriff legally holds and exercises office. Revocations of such appointments must be recorded as provided in this subsection. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.
4. The sheriff may require of his or her deputies such bonds as to the sheriff seem proper.
1. The sheriff of a metropolitan police department may appoint one or more police officers who have the same powers and duties as deputy sheriffs. The appointment and removal of those police officers by the sheriff of a metropolitan police department must be made in accordance with the provisions of the civil service system for the department.
2. In any county whose population is 100,000 or more, the sheriff shall appoint and remove deputies in accordance with the provisions of the merit personnel system of that county.
(Added to NRS by 1987, 1447)
CONTROL OF JAIL
NRS 248.050 Custody of jail and prisoners. The sheriff of each county shall have the custody of the jail of his or her county and the prisoners in the same, and shall appoint the keeper thereof, for whose conduct the sheriff shall be responsible, and whom the sheriff may remove at pleasure.
[Part 4:38:1861; A 1867, 64; B § 2955; BH § 2122; C § 2243; RL § 1646; NCL § 2147]
NRS 248.060 Penalty for sheriff or jailer refusing to receive or arrest. If any sheriff or keeper of a jail shall willfully refuse to receive or arrest any person charged with a criminal offense, such sheriff or jailer is guilty of a gross misdemeanor.
[Part 67:108:1866; B § 2665; BH § 1702; C § 1848; RL § 2820; NCL § 4820] — (NRS A 1967, 539)
DUTIES; POWERS; PROHIBITED ACTS; PROCESS; LIABILITIES
NRS 248.090 General duties. Sheriffs and their deputies shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony, or breach of the peace, they may call upon the power of their county to aid in such arrest or in preserving the peace.
[5:38:1861; B § 2956; BH § 2123; C § 2244; RL § 1647; NCL § 2148]
(Added to NRS by 1983, 1354)
1. Except in a county whose population is 700,000 or more, attend in person, or by deputy, all sessions of the district court in his or her county.
2. Obey all the lawful orders and directions of the district court in his or her county.
3. Execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the sheriff for that purpose.
[Part 4:38:1861; A 1867, 64; B § 2955; BH § 2122; C § 2243; RL § 1646; NCL § 2147] — (NRS A 1991, 105)
NRS 248.120 Process, writ and orders to be endorsed; provision of memorandum or copy upon request. When any process, writ or order is delivered to the sheriff to be served or executed, the sheriff shall:
1. Forthwith endorse upon it the year, month, day and hour of its receipt.
2. Give to the person delivering it, if required, on payment of his or her fee, a written memorandum signed by him or her, stating the names of the parties in the process or order, the nature thereof and the time it was received. He or she shall also deliver to the party served a copy thereof, if required so to do, without charge to such party.
1. Execute the same with diligence, according to its command, or as required by law.
2. Return it without delay to the proper court or officer, with his or her certificate endorsed thereon of the manner of its service or execution, or, if not served or executed, the reasons for his or her failure.
Ê For a failure so to do, he or she shall be liable to the party aggrieved for all damages sustained by the party on account of such neglect.
NRS 248.150 Liability to creditor for failure to attach, levy or sell. If the sheriff to whom a writ of execution or writ of attachment is delivered shall neglect or refuse, after being required by the creditor or the creditor’s attorney to attach, or to levy upon or sell, any property of the party charged in the writ which is liable to be attached or levied upon and sold, the sheriff shall be liable on his or her official bond to the creditor for the value of such property.
NRS 248.160 Liability for collections. If a sheriff neglects or refuses to pay over on demand to the person entitled thereto any money which may come into the sheriff’s hands by virtue of his or her office, after deducting his or her legal fees, the amount thereof, with 25 percent damages, and interest at the rate of 7 percent per annum from the time of the demand, may be recovered by such person from him or her and the sureties on his or her official bond, on application, upon 5 days’ notice to the court in which the action is brought.
[10:38:1861; B § 2961; BH § 2128; C § 2249; RL § 1652; NCL § 2153] — (NRS A 1959, 184)
NRS 248.170 Sheriff not to purchase at sale. No sheriff shall become the purchaser, nor procure any person to become the purchaser for him or her, of any property, real or personal, by him or her exposed to sale by virtue of any execution or other process; and all such purchases made by any sheriff, or any person in the sheriff’s behalf, shall be absolutely null and void.
[13:38:1861; B § 2964; BH § 2131; C § 2252; RL § 1655; NCL § 2156]
NRS 248.180 Collection of execution after expiration of term of office. Any sheriff, at the expiration of his or her term of office, having any execution or final process which the sheriff may have levied and not collected, shall be and is authorized to proceed and collect such execution in the same manner as if his or her term of office had not expired.
[14:38:1861; B § 2965; BH § 2132; C § 2253; RL § 1656; NCL § 2157]
NRS 248.190 Service on sheriff: Manner. Service of a paper upon the sheriff may be made by delivering it to the sheriff in person, or by delivering it to one of the sheriff’s deputies, or to a person belonging to and in the office, during office hours, or, if no such person be there, by leaving it in a conspicuous place in the office.
[18:38:1861; B § 2969; BH § 2136; C § 2257; RL § 1660; NCL § 2161]
1. When six or more persons, whether armed or not, shall be unlawfully or riotously assembled in any city or town, the sheriff of the county and the sheriff’s deputies shall go among the persons so assembled, or as near as possible, and shall command them, in the name of the people of the United States and the State of Nevada, to disperse immediately.
2. If the persons assembled do not immediately disperse, the sheriff and the sheriff’s deputies shall arrest them that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county.
3. If a sheriff or the sheriff’s deputies, having notice of an unlawful or riotous assembly, as provided in subsection 1, neglect or refuse to proceed to the place of assembly, or as near thereto as he or she can with safety, and to exercise the authority with which he or she is invested for suppressing the same and arresting the offenders, he or she shall be deemed guilty of a misdemeanor, and shall be punished accordingly.
[Part 87:108:1866; B § 2685; BH § 1722; C § 1868; RL § 2836; NCL § 4836] + [88:108:1866; B § 2686; BH § 1723; C § 1869; RL § 2837; NCL § 4837] + [90:108:1866; B § 2688; BH § 1725; C § 1871; RL § 2838; NCL § 4838]
NRS 248.220 Sheriff may call upon Governor for military aid to assist civil authorities in suppressing violence. When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the State, and the fact is made to appear to the sheriff of the county, the sheriff may call upon the Governor for military aid in the manner provided by law, to aid the civil authorities in suppressing violence and enforcing the laws.
[Part 82:108:1866; B § 2690; BH § 1727; C § 1873; RL § 2839; NCL § 4839] + [Part 93:108:1866; B § 2691; BH § 1728; C § 1874; RL § 2840; NCL § 4840] + [94:108:1866; B § 2692; BH § 1729; C § 1875; RL § 2841; NCL § 4841] — (NRS A 1967, 1341)
NRS 248.230 Penalty for failure to prevent duel. If any sheriff shall have knowledge of an intention on the part of any two persons to fight with a deadly weapon or weapons, and the sheriff shall not use and exert his or her official authority to arrest the parties and prevent the deed, the sheriff shall be fined in a sum not exceeding $1,000.
[Part 70:108:1866; B § 2668; BH § 1705; C § 1851; RL § 2823; NCL § 4823]
NRS 248.242 Crash reports and related materials: Provision upon receipt of reasonable fee; exceptions. A sheriff shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of a crash, or his or her legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, his or her legal representative or insurer, as applicable, with a copy of the crash report and all statements by witnesses and photographs in the possession or under the control of the sheriff’s office that concern the crash, unless:
1. The materials are privileged or confidential pursuant to a specific statute; or
2. The crash involved:
(a) The death or substantial bodily harm of a person;
(b) Failure to stop at the scene of a crash; or
(c) The commission of a felony.
NRS 248.245 Report of deaths to public administrator or person employed or contracted to perform the duties of public administrator in certain counties. In counties having a population of less than 100,000, the sheriff shall report immediately all deaths which the sheriff gains knowledge of in the performance of his or her duties to the public administrator or the person employed or contracted with pursuant to NRS 253.125, as applicable.
NRS 248.250 Duties pertaining to criminal procedure in justice courts. Sheriffs and their deputies shall perform such duties as are required by NRS 258.070.
[Part 6:82:1861; A 1887, 134; C § 2321; RL § 1692; NCL § 2192]
FEES; COMMISSIONS; COMPENSATION; MILEAGE
1. The sheriff of each county in this State may charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant............................................................... $17
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile................................................................................................................. 2
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.
For taking a bond or undertaking in any case in which the sheriff is authorized to take a bond or undertaking 5
For a copy of any writ, process or other paper, if demanded or required by law, for each page 3
For serving every rule or order................................................................................ 15
For serving one notice required by law before the commencement of a proceeding for any type of eviction 26
For serving not fewer than 2 nor more than 10 such notices to the same location, each notice 20
For serving not fewer than 11 nor more than 24 such notices to the same location, each notice 17
For serving 25 or more such notices to the same location, each notice............ 15
For mileage in serving such a notice, for each mile necessarily and actually traveled in going only 2
But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.
For each service in a summary eviction, except service of any notice required by law before the commencement of the proceeding, and for serving notice of and executing a writ of restitution.. 21
For serving a subpoena, for each witness summoned......................................... 15
For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile 2
When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons. 15
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper........................................................................... 15
For issuing each certificate of sale of property on execution or order of sale, and for recording the original certificate with the county recorder, which must be collected from the party receiving the certificate 5
For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof................................................................................................................... 20
For serving a writ of possession or restitution, putting any person into possession entitled thereto 21
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile................................................................................................. 2
For mailing a notice of a writ of execution................................................................ 2
Ê The sheriff may charge and collect $2 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justice courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his or her trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his or her county on or before the fifth working day of the month next succeeding the month in which the fees are collected.
NRS 248.285 Fees of sheriff of Carson City. The provisions of NRS 248.275 apply to the sheriff of Carson City.
(Added to NRS by 1969, 323)
NRS 248.300 Sheriff to keep fee book. Each sheriff shall keep in his or her office a fee book in which the sheriff shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book shall be open to public inspection.
[Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951]
1. On the first Monday of January, April, July and October, each sheriff who receives fees under the provisions of this chapter shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees, percentages or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3 months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received.
2. Nothing in this section shall be so construed as to require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.
[Part 19:49:1883; BH § 2360; C § 2484; RL § 2021; NCL § 2952]
NRS 248.320 No other fees to be charged. Except as otherwise provided in subsection 4 of NRS 482.2155, no other fees shall be charged by sheriffs than those specifically set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.
NRS 248.330 Failure to comply with certain statutory requirements: Penalty. Any sheriff who shall violate any of the provisions of NRS 248.300, 248.310 and 248.320 shall be fined not more than $1,000.
[Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954] — (NRS A 1967, 540)
NRS 248.340 Punishment for taking excessive fees. If any sheriff shall take more or greater fees than are allowed by law, the sheriff shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.
[Part 22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]
NRS 248.350 Civil liability for excessive fees. No sheriff shall, directly or indirectly, ask, demand or receive for any services or acts by him or her performed in pursuance of any duty of his or her office any greater or more fees than the sheriff is allowed by law, on pain of forfeiting for such offense, to the party aggrieved, treble the sum so demanded or received, and his or her legal fees, together with costs of suit.
[12:38:1861; B § 2963; BH § 2130; C § 2251; RL § 1654; NCL § 2155]
NRS 248.360 Table of fees to be posted; penalties. Any sheriff receiving fees as provided by law shall publish and set up in some conspicuous place in the sheriff’s office a fee table for public inspection. A sum not exceeding $20 for each day of his or her omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.
[Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956]
NRS 248.370 Cost of publication. When by law any publication is required to be made by any sheriff of any suit, process, notice, order or other paper, the cost of such publication shall, if demanded, be tendered by the party to whom such order, process, notice or other paper was granted before the sheriff shall be compelled to make publication thereof.
[Part 24:49:1883; BH § 2365; C § 2489; RL § 2026; NCL § 2957]
NRS 248.380 Fees payable in advance; execution. All fees prescribed in this chapter shall be payable in advance, if demanded. If a sheriff shall not have received any or all of his or her fees, which may be due the sheriff for services rendered by him or her in any suit or proceedings, the sheriff may have execution therefor in his or her own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the judge or court upon affidavit filed.
[Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]
NRS 248.390 Mileage for service of more than one process. When any sheriff serves more than one process in the same cause, not requiring more than one journey from his or her office, the sheriff shall receive mileage only for the most distant service.
[Part 35:49:1883; BH § 2376; C § 2500; RL § 2037; NCL § 2968]
NRS 248.400 Computation of mileage. Mileage shall be computed from the courthouse of the county in all cases where mileage is chargeable by the sheriff. Every fraction of a mile shall be computed as a mile.
[Part 38:49:1883; BH § 2379; C § 2503; RL § 2040; NCL § 2971]
NRS 248.410 No fee for returns; penalties. No sheriff shall be allowed to charge or receive any fee or compensation whatever for the return written upon any summons, subpoena, writ of attachment, execution, order of sale or other paper. Any sheriff violating the terms of this section shall be punished by a fine of not more than $500 and shall be removed from office.
[Part 39:49:1883; BH § 2380; C § 2504; RL § 2041; NCL § 2972] — (NRS A 1967, 540)