Nevada Procedure in Criminal Cases

Sec. § 176.0613
Additional administrative assessment for misdemeanor: Authorization; collection; distribution; limitations on use.


1.

The justices or judges of the justice or municipal courts shall impose, in addition to an administrative assessment imposed pursuant to NRS 176.059, 176.0611 and 176.0623, an administrative assessment for the provision of specialty court programs.

2.

Except as otherwise provided in subsection 3, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $7 as an administrative assessment for the provision of specialty court programs and render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.

3.

The provisions of subsection 2 do not apply to:

(a)

An ordinance regulating metered parking; or

(b)

An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4.

The money collected for an administrative assessment for the provision of specialty court programs must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

5.

If the justice or judge permits the fine and administrative assessment for the provision of specialty court programs to be paid in installments, the payments must be applied in the following order:

(a)

To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

(b)

To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;

(c)

To pay the unpaid balance of an administrative assessment for the provision of specialty court programs;

(d)

To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to NRS 176.0623; and

(e)

To pay the fine.

6.

The money collected for an administrative assessment for the provision of specialty court programs in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

7.

The money collected for an administrative assessment for the provision of specialty court programs in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

8.

The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.

9.

Money that is apportioned to a court from administrative assessments for the provision of specialty court programs must be used by the court to:

(a)

Pay for the treatment and testing of persons who participate in the program; and

(b)

Improve the operations of the specialty court program by any combination of:

(1)

Acquiring necessary capital goods;

(2)

Providing for personnel to staff and oversee the specialty court program;

(3)

Providing training and education to personnel;

(4)

Studying the management and operation of the program;

(5)

Conducting audits of the program;

(6)

Supplementing the funds used to pay for judges to oversee a specialty court program; or

(7)

Acquiring or using appropriate technology.

10.

As used in this section:

(a)

“Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320; and

(b)

“Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or abuses alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250, 176A.280 or 453.580.
Source

Last accessed
Feb. 5, 2021