Kendrea Roby

Document Type

Case Summary

Publication Date

11-27-2023

Case Synopsis

This case addresses whether the district court had a proper investigative inquiry before ordering the defendant, Bolden, to pay the costs for extradition restitution and psychosexual evaluation. The appeal is concerned with determining the extent to which the district court is required to make an investigative inquiry into a defendant’s ability to pay extradition restitution under NRS 179.225(2) and the psychosexual evaluation cost under NRS 176.139(7). According to the plain language of NRS 179.225(2), the district court is obligated to inquire into the defendant’s ability to pay extradition restitution. The scope of the inquiry is limited to the existing obligations specified in NRS 179.225(a)-(c) which are child support, victim restitution, or administrative assessment. There is no specified way the district court is expected to fulfill their inquiry, and the district court’s duty is considered fulfilled by asking the defendant questions on the record about any obligations within the scope that may be affected by the imposed extradition restitution. The court is then required to determine if the defendant can still meet the prior obligations along with paying extradition restitution. The plain language of NRS 176.139(7) does not require the district court to make the same investigative inquiry sua sponte before ordering a defendant to pay the cost for a psychosexual evaluation. The responsibility to object to costs based on inability to pay is with the defendant. The district court shall only impose the cost of the psychosexual evaluation to the extent the defendant is able to pay.

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