- 82nd Session (2023)
Senate Bill No. 448–Committee on Finance
CHAPTER..........
AN ACT relating to administrative assessments; revising provisions
governing the distribution of the proceeds of certain
administrative assessments; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a person who pleads or is found guilty or guilty but
mentally ill of a misdemeanor is required to pay an administrative assessment, in
addition to any other penalty imposed by the court. A portion of those proceeds is
required to be deposited in a special account in the State General Fund and
distributed: (1) to the Office of Court Administrator to allocate for certain
prescribed uses; and (2) for use in the support of certain state agencies and
programs to the extent of legislative authorization. (NRS 176.059) Section 1 of this
bill eliminates that special account and the requirements for the distribution and use
of the money deposited into that account. Instead, section 1 requires the portion of
the proceeds from administrative assessments for misdemeanors that is required
under existing law to be deposited in a special account in the State General Fund
for distribution and use in a certain prescribed manner to instead be deposited in the
State General Fund without any specific requirements for the distribution or use of
that money. Section 2 of this bill repeals provisions relating to the distribution of
the proceeds from administrative assessments for misdemeanors in conformance
with the changes made by section 1 which eliminate requirements for the
distribution and use of certain portions of those proceeds.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2,
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 prescribed by the following
schedule as an administrative assessment and render a judgment
against the defendant for the assessment:
Fine Assessment
$5 to $49 ...................................................................... $30
50 to 59 .......................................................................... 45
60 to 69 .......................................................................... 50
70 to 79 .......................................................................... 55
80 to 89 .......................................................................... 60
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Fine Assessment
$90 to $99 .................................................................... $65
100 to 199 ...................................................................... 75
200 to 299 ...................................................................... 85
300 to 399 ...................................................................... 95
400 to 499 .................................................................... 105
500 to 1,000 ................................................................. 120
If the justice or judge sentences the defendant to perform
community service in lieu of a fine, the justice or judge shall include
in the sentence the amount of the administrative assessment that
corresponds with the fine for which the defendant would have been
responsible as prescribed by the schedule in this subsection.
2. The provisions of subsection 1 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.
3. The money collected for an administrative assessment 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 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 amount posted for bail pursuant to this subsection
must be disbursed in the manner set forth in subsection 5 or 6. 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.
4. If the justice or judge permits the fine and administrative
assessment to be paid in installments, the payments must be first
applied to the unpaid balance of the administrative assessment. The
city treasurer shall distribute partially collected administrative
assessments in accordance with the requirements of subsection 5.
The county treasurer shall distribute partially collected
administrative assessments in accordance with the requirements of
subsection 6.
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- 82nd Session (2023)
5. The money collected for administrative assessments 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. The city treasurer shall distribute, on or before the 15th day
of that month, the money received in the following amounts for each
assessment received:
(a) Two dollars to the county treasurer for credit to a special
account in the county general fund for the use of the county’s
juvenile court or for services to juvenile offenders. Any money
remaining in the special account after 2 fiscal years must be
deposited in the county general fund if it has not been committed for
expenditure. The county treasurer shall provide, upon request by a
juvenile court, monthly reports of the revenue credited to and
expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use
of the municipal courts. Any money remaining in the special
revenue fund after 2 fiscal years must be deposited in the municipal
general fund if it has not been committed for expenditure. The city
treasurer shall provide, upon request by a municipal court, monthly
reports of the revenue credited to and expenditures made from the
special revenue fund.
(c) [Five dollars] The remainder of each assessment to the
State Controller for credit to the State General Fund.
[(d) The remainder of each assessment to the State Controller
for credit to a special account in the State General Fund for
distribution as provided in subsection 8.]
6. The money collected for administrative assessments 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. The county treasurer shall distribute, on or before the 15th
day of that month, the money received in the following amounts for
each assessment received:
(a) Two dollars for credit to a special account in the county
general fund for the use of the county’s juvenile court or for services
to juvenile offenders. Any money remaining in the special account
after 2 fiscal years must be deposited in the county general fund if it
has not been committed for expenditure. The county treasurer shall
provide, upon request by a juvenile court, monthly reports of the
revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use
of the justice courts. Any money remaining in the special revenue
fund after 2 fiscal years must be deposited in the county general
fund if it has not been committed for expenditure. The county
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treasurer shall provide, upon request by a justice court, monthly
reports of the revenue credited to and expenditures made from the
special revenue fund.
(c) [Five dollars] The remainder of each assessment to the
State Controller for credit to the State General Fund.
[(d) The remainder of each assessment to the State Controller
for credit to a special account in the State General Fund for
distribution as provided in subsection 8.]
7. The money apportioned to a juvenile court, a justice court or
a municipal court pursuant to this section must be used, in addition
to providing services to juvenile offenders in the juvenile court, to
improve the operations of the court, or to acquire appropriate
advanced technology or the use of such technology, or both. Money
used to improve the operations of the court may include
expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. [Of the total amount deposited in the State General Fund
pursuant to paragraph (d) of subsection 5 and paragraph (d) of
subsection 6, the State Controller shall distribute the money
received to the following public agencies in the following manner:
(a) Not less than 51 percent to the Office of Court Administrator
for allocation as follows:
(1) Forty-six and three-quarters percent of the amount
distributed to the Office of Court Administrator for:
(I) The administration of the courts;
(II) The development of a uniform system for judicial
records; and
(III) Continuing judicial education.
(2) Thirty-seven and three-quarters percent of the amount
distributed to the Office of Court Administrator for the Supreme
Court.
(3) Three and one-half percent of the amount distributed to
the Office of Court Administrator for the payment for the services of
retired justices, retired judges of the Court of Appeals and retired
district judges.
(4) Twelve percent of the amount distributed to the Office of
Court Administrator for the provision of specialty court programs.
(b) Not more than 49 percent must be used to the extent of
legislative authorization for the support of:
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(1) The Central Repository for Nevada Records of Criminal
History;
(2) The Peace Officers’ Standards and Training Commission;
(3) The operation by the Department of Public Safety of a
computerized interoperative system for information related to law
enforcement;
(4) The Fund for the Compensation of Victims of Crime;
(5) The Advisory Council for Prosecuting Attorneys; and
(6) Programs within the Office of the Attorney General
related to victims of domestic violence.
9. Any money deposited in the State General Fund pursuant to
paragraph (d) of subsection 5 and paragraph (d) of subsection 6 that
is not distributed or used pursuant to paragraph (b) of subsection 8
must be transferred to the uncommitted balance of the State General
Fund.
10.] As used in this section:
(a) “Juvenile court” has the meaning ascribed to it in
NRS 62A.180.
(b) “Office of Court Administrator” means the Office of Court
Administrator created pursuant to NRS 1.320.
Sec. 2. NRS 2.185 and 353.359 hereby repealed.
Sec. 3. This act becomes effective on July 1, 2023.
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