1. A parole or probation officer shall immediately deliver to the Division any seized, abandoned or unclaimed 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 it 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:
(a) Destroy or direct to be destroyed the instrument or weapon if it is determined to be dangerous to the safety of the public.
(b) Return an instrument or weapon which has not been destroyed pursuant to paragraph (a), upon demand, to any person other than a parolee or probationer:
(1) From whom it was confiscated if that person is acquitted of the public offense or crime of which that person was charged; or
(2) Who otherwise claims and establishes ownership of it. Any such instrument or weapon which is not destroyed, returned or claimed within 1 year after the Division comes into possession of it becomes the property of the Division.
3. The Chief Parole and Probation Officer shall at least once a year order the officers who have custody of such instruments and weapons that have become the property of the Division to:
(a) Retain the instrument or weapon for official use by the Division.
(b) Deliver the instruments and weapons to another custodial officer of the Division to be sold.
(c) Sell any such instrument or weapon to another law enforcement agency at a price not less than its prevailing market value.
(d) Sell all unretained and unsold instruments and weapons at a public auction to be held at least once in each year, after notice of such public auction describing the instrument or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city of the sale.
4. All proceeds of the sales provided for in subsection 3 must be deposited with the State Treasurer for credit to the State General Fund.
5. Any officer receiving an order as provided in subsection 3 shall comply with such order as soon as practicable.
6. The Division shall keep accurate records of all instruments and weapons governed by this section.
(Added to NRS by 1981, 371; A 1993, 1525)
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