Chapter 8.32
SEXUAL ASSAULT VICTIMS

Sections:

8.32.010    Purpose of provisions.

8.32.020    Definitions.

8.32.030    Application procedure.

8.32.040    Application approval conditions.

8.32.050    Treatment.

8.32.060    Costs.

8.32.070    Emergency medical treatment—Reimbursement.

8.32.080    Fraudulent claims.

8.32.010 Purpose of provisions.

The purpose of this chapter is to provide for:

A. Counseling of a victim of sexual assault or the victim’s spouse and the provision of facilities for medical treatment of a victim of sexual assault, including initial emergency medical care; and

B. Procedures for making application to receive counseling and medical treatment pursuant to NRS 217.290. (Ord. 12-16-85 § 2)

8.32.020 Definitions.

As used in this chapter:

“Applicant” means a victim of sexual assault or a victim’s spouse.

“Board” means the board of county commissioners.

“Victim of sexual assault” means a person who has been sexually assaulted as defined in NRS 200.366. (Ord. 12-16-85 § 1)

8.32.030 Application procedure.

A. An applicant may make application for medical or counseling treatment to the board.

B. The application shall be accompanied by an affidavit from the applicant containing the information specified in NRS 217.310(2) and a statement that a written report has been filed with the appropriate law enforcement agency pursuant to NRS 217.310(4).

C. Applications filed by the applicant with the board must be accompanied by a written certification from a physician or counselor which describes the physical injuries or emotional trauma resulting from the sexual assault and stating the medical or counseling treatment required.

D. The county district attorney’s office shall assist victims in preparing the application and supporting documents described in this section. (Ord. 12-16-85 § 3)

8.32.040 Application approval conditions.

A. Upon receipt of the written application, affidavit and certification, the board shall approve the application for treatment. The board may request additional documentation in support of the claim from the applicant. Where a fraudulent claim is found to exist, the board shall deny the claim and refer it to the district attorney for prosecution. In reviewing an application for treatment and supporting material, the board may do so in a closed meeting pursuant to NRS 241.030.

B. As a condition of the board’s approval of an application for counseling, the board shall require the treating psychologist, psychiatrist or counselor to make from time to time a certification required by NRS 217.330. The board may order treatment terminated for failure to make the certification. (Ord. 12-16-85 § 5)

8.32.050 Treatment.

The board shall make arrangements for appropriate medical and counseling treatment, subject to the limitation contained in HCC 8.32.060. (Ord. 12-16-85 § 4)

8.32.060 Costs.

The cost of the medical or counseling treatment, other than costs incurred under HCC 8.32.070, authorized by the board pursuant to HCC 8.32.040 shall be paid by the county from the sexual assault victims’ expense account, not to exceed one thousand dollars for any one incident of sexual assault. (Ord. 12-16-85 § 6)

8.32.070 Emergency medical treatment—Reimbursement.

A. Any costs incurred by a hospital for examination of a victim of sexual assault when such examination is performed for the purposes of gathering evidence for possible prosecution or for initial emergency medical care for the victim of sexual assault shall be charged directly to the county in whose jurisdiction the offense was committed pursuant to NRS 449.244. Initial emergency medical care is deemed to terminate upon discharge of the victim following completion of initial emergency medical treatment or admittance of the victim for further treatment due to the injuries.

B. Should any victim of sexual assault pay the costs of initial emergency medical care or the costs associated with gathering evidence pursuant to this section, the victim may file a claim with the board for reimbursement of such costs within six months following the date of payment. (Ord. 12-16-85 § 7)

8.32.080 Fraudulent claims.

All persons knowingly assisting in the preparation or payment of fraudulent applications shall be prosecuted under the applicable criminal statutes. (Ord. 12-16-85 § 8)