NRS213.10983. Seizure, custody, use and sale of property other than dangerous instrument or weapon.  


Latest version.
  •       1.  A parole or probation officer shall immediately deliver to the Division any seized, abandoned or unclaimed property, other than an instrument or weapon described in NRS 202.350, which the parole or probation officer obtains in the pursuance of his or her duty, unless the parole or probation officer is required to retain the property as evidence pursuant to a court order or directive of the Attorney General or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the Division.

          2.  The Division shall keep the property for return to the owner and, unless it is contraband, return it to the owner if the owner submits a claim to the Division and establishes his or her ownership within 1 year after the Division comes into possession of it. Contraband includes any property which, if possessed by a parolee or probationer, would constitute a violation of the terms of his or her parole or probation or any federal or state law. Contraband becomes the property of the Division.

          3.  Any contraband consisting of controlled substances or dangerous drugs must be disposed of or destroyed as provided by law.

          4.  If the Division is not able to determine the owner of the property within the 1-year period, the Division acquires title to it and the Chief Parole and Probation Officer shall:

          (a) Sell the property at a public auction at the same times and places that confiscated instruments and weapons are sold; or

          (b) Retain the property for the official use of the Division.

          5.  The Division shall keep accurate records of all property governed by this section.

      (Added to NRS by 1981, 370; A 1993, 1524)