NRS 4.373
Suspension of sentence

  • conditions of suspension
  • reduction of sentence
  • arrest for violation of condition of suspension.

1.

Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

(a)

Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

(b)

Engage in a program of community service, for not more than 200 hours;

(c)

Actively participate in a program of professional counseling at the expense of the offender;

(d)

Abstain from the use of alcohol and controlled substances;

(e)

Refrain from engaging in any criminal activity;

(f)

Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

(g)

Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

(h)

Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

2.

If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

(a)

A program of treatment for the abuse of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;

(b)

A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or

(c)

The programs set forth in paragraphs (a) and (b),
Ê and that the person comply with any other condition of suspension ordered by the justice of the peace.

3.

Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:

(a)

Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and

(b)

Comply with any other condition of suspension ordered by the justice of the peace.
Ê The justice of the peace may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

4.

The justice of the peace may order reports from a person whose sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

5.

The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

Source: Section 4.373 — Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension., https://www.­leg.­state.­nv.­us/NRS/NRS-004.­html#NRS004Sec373.

4.010
Qualifications of justice of the peace.
4.020
Number and election of justices of the peace.
4.025
Terms of justices of the peace.
4.030
Oath and bond of justice of the peace.
4.032
Justices of the peace pro tempore.
4.033
Senior justices of the peace.
4.035
Courses of instruction for justices of the peace
4.036
Attendance required at courses of instruction
4.040
Salaries and compensation of justices of the peace.
4.050
Claims and expenses.
4.060
Fees for justice of the peace
4.063
Additional fees: Imposition
4.065
Additional fees: Imposition
4.071
Additional fees to offset costs of providing pro bono programs and free legal services to certain victims.
4.073
Additional fees to offset costs of operating law library.
4.075
Additional fees in certain smaller counties: Imposition
4.080
Justice of the peace to charge only fees authorized by law.
4.090
Justice of the peace to keep record of fees charged.
4.100
Monthly financial statements.
4.120
Punishment for taking excessive fees.
4.130
Table of fees to be posted.
4.140
Fees payable in advance
4.150
Vacancy in office
4.155
Townships with more than one justice of the peace.
4.157
Chief justice of the peace in certain townships: Selection
4.160
Number of justices of the peace where townships altered.
4.170
Duties of justices of the peace.
4.175
Report of certain statistical information to be submitted to Court Administrator.
4.180
Power to take and certify acknowledgments and affidavits.
4.185
Use of facsimile signature: Conditions and restrictions.
4.190
Power to administer oaths or affirmations.
4.215
Justices of the peace in certain townships not to practice law.
4.220
Unlawful to purchase judgments.
4.230
Docket entries.
4.235
Ruling that provision of Nevada Constitution or Nevada Revised Statutes is unconstitutional: Prevailing party to provide copy of ruling to Attorney General.
4.240
Entries in docket prima facie evidence of facts.
4.260
Court records
4.270
Disposition of court records in case of vacancy.
4.280
Jurisdiction of justice of the peace with whom docket is deposited.
4.290
Successor defined.
4.300
Designation of succeeding justice of the peace.
4.310
Justice of the peace may issue subpoenas and final process to any part of county.
4.320
Blanks must be filled in all papers issued by justice of the peace, except subpoenas.
4.340
Temporary assistance for justice of the peace: Requirements
4.345
Disqualification of justice of the peace in certain counties: Substitution of municipal judge.
4.350
Deputy clerk: Appointment
4.353
Deputy marshal: Appointment
4.355
Referee: Conditions for appointment
4.357
Master: Conditions for appointment
4.360
Denomination of court
4.365
Small claims: Supplies and postage
4.370
Jurisdiction.
4.371
Effect of transfer of original jurisdiction from district court to justice court.
4.372
Administration of program of supervision for persons with suspended sentences or persons sentenced to residential confinement.
4.373
Suspension of sentence
4.374
Determination if defendant is veteran or member of military
4.375
Power to order restitution for embezzled property.
4.376
“Residential confinement” defined.
4.390
Required for certain proceedings.
4.400
Operation of equipment
4.410
Compensation for preparing transcript.
4.420
Preservation
4.3713
Transfer of original jurisdiction of criminal case to another justice court or municipal court.
4.3715
Transfer of original jurisdiction of criminal case to district court.
4.3755
Restitution paid by defendant convicted of misdemeanor: Collection
4.3762
Power to order
4.3764
Establishment and modification of terms and conditions.
4.3766
Violation of terms and conditions.
Last Updated

Feb. 5, 2021

§ 4.373’s source at nv​.us