SB66

Existing law: (1) authorizes an offender who is convicted of a crime and under a sentence of death or imprisonment to file a postconviction petition for a writ of habeas corpus; and (2) prescribes requirements governing the county in which any such petition must be filed. (NRS 34.724, 34.738) Under existing law, a postconviction petition for a writ of habeas corpus challenging the computation of time an offender has served must be filed with the clerk of the district court for the county in which the conviction occurred, unless the petitioner is incarcerated outside this State. If the petitioner is incarcerated outside this State, existing law requires the petitioner to file the petition with the clerk of the First Judicial District Court in Carson City. (NRS 34.738) Section 1 of this bill revises these requirements by requiring a petitioner to file a postconviction petition for a writ of habeas corpus challenging the computation of time served by the petitioner with the clerk of: (1) the district court for the county in which the petitioner is incarcerated, if, at the time the petition is filed, the petitioner is incarcerated in this State; (2) the district court for the county in which the petitioner resides, if, at the time the petition is filed, the petitioner has been released from the custody of the Department of Corrections and resides in this State; or (3) the First Judicial District Court in Carson City, if, at the time the petition is filed, the petitioner is incarc