Nevada 2023 Regular Session

Nevada Senate Bill SB448 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 448–Committee on Finance
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to administrative assessments; revising provisions
9	9	governing the distribution of the proceeds of certain
10	10	administrative assessments; and providing other matters
11	11	properly relating thereto.
12	12	Legislative Counsel’s Digest:
13	13	Under existing law, a person who pleads or is found guilty or guilty but
14	14	mentally ill of a misdemeanor is required to pay an administrative assessment, in
15	15	addition to any other penalty imposed by the court. A portion of those proceeds is
16	16	required to be deposited in a special account in the State General Fund and
17	17	distributed: (1) to the Office of Court Administrator to allocate for certain
18	18	prescribed uses; and (2) for use in the support of certain state agencies and
19	19	programs to the extent of legislative authorization. (NRS 176.059) Section 1 of this
20	20	bill eliminates that special account and the requirements for the distribution and use
21	21	of the money deposited into that account. Instead, section 1 requires the portion of
22	22	the proceeds from administrative assessments for misdemeanors that is required
23	23	under existing law to be deposited in a special account in the State General Fund
24	24	for distribution and use in a certain prescribed manner to instead be deposited in the
25	25	State General Fund without any specific requirements for the distribution or use of
26	26	that money. Section 2 of this bill repeals provisions relating to the distribution of
27	27	the proceeds from administrative assessments for misdemeanors in conformance
28	28	with the changes made by section 1 which eliminate requirements for the
29	29	distribution and use of certain portions of those proceeds.
30	30
31	31	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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34	34	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
35	35	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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37	37	Section 1. NRS 176.059 is hereby amended to read as follows:
38	38	176.059 1. Except as otherwise provided in subsection 2,
39	39	when a defendant pleads guilty or guilty but mentally ill or is found
40	40	guilty or guilty but mentally ill of a misdemeanor, including the
41	41	violation of any municipal ordinance, the justice or judge shall
42	42	include in the sentence the sum prescribed by the following
43	43	schedule as an administrative assessment and render a judgment
44	44	against the defendant for the assessment:
45	45
46	46	Fine Assessment
47	47	$5 to $49 ...................................................................... $30
48	48	50 to 59 .......................................................................... 45
49	49	60 to 69 .......................................................................... 50
50	50	70 to 79 .......................................................................... 55
51	51	80 to 89 .......................................................................... 60
52	52	– 2 –
53	53
54	54
55	55	- 82nd Session (2023)
56	56	Fine Assessment
57	57	$90 to $99 .................................................................... $65
58	58	100 to 199 ...................................................................... 75
59	59	200 to 299 ...................................................................... 85
60	60	300 to 399 ...................................................................... 95
61	61	400 to 499 .................................................................... 105
62	62	500 to 1,000 ................................................................. 120
63	63
64	64	If the justice or judge sentences the defendant to perform
65	65	community service in lieu of a fine, the justice or judge shall include
66	66	in the sentence the amount of the administrative assessment that
67	67	corresponds with the fine for which the defendant would have been
68	68	responsible as prescribed by the schedule in this subsection.
69	69	2. The provisions of subsection 1 do not apply to:
70	70	(a) An ordinance regulating metered parking; or
71	71	(b) An ordinance which is specifically designated as imposing a
72	72	civil penalty or liability pursuant to NRS 244.3575 or 268.019.
73	73	3. The money collected for an administrative assessment must
74	74	not be deducted from the fine imposed by the justice or judge but
75	75	must be taxed against the defendant in addition to the fine. The
76	76	money collected for an administrative assessment must be stated
77	77	separately on the court’s docket and must be included in the amount
78	78	posted for bail. If bail is forfeited, the administrative assessment
79	79	included in the amount posted for bail pursuant to this subsection
80	80	must be disbursed in the manner set forth in subsection 5 or 6. If the
81	81	defendant is found not guilty or the charges are dismissed, the
82	82	money deposited with the court must be returned to the defendant. If
83	83	the justice or judge cancels a fine because the fine has been
84	84	determined to be uncollectible, any balance of the fine and the
85	85	administrative assessment remaining unpaid shall be deemed to be
86	86	uncollectible and the defendant is not required to pay it. If a fine is
87	87	determined to be uncollectible, the defendant is not entitled to a
88	88	refund of the fine or administrative assessment the defendant has
89	89	paid and the justice or judge shall not recalculate the administrative
90	90	assessment.
91	91	4. If the justice or judge permits the fine and administrative
92	92	assessment to be paid in installments, the payments must be first
93	93	applied to the unpaid balance of the administrative assessment. The
94	94	city treasurer shall distribute partially collected administrative
95	95	assessments in accordance with the requirements of subsection 5.
96	96	The county treasurer shall distribute partially collected
97	97	administrative assessments in accordance with the requirements of
98	98	subsection 6.
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102	102	- 82nd Session (2023)
103	103	5. The money collected for administrative assessments in
104	104	municipal court must be paid by the clerk of the court to the city
105	105	treasurer on or before the fifth day of each month for the preceding
106	106	month. The city treasurer shall distribute, on or before the 15th day
107	107	of that month, the money received in the following amounts for each
108	108	assessment received:
109	109	(a) Two dollars to the county treasurer for credit to a special
110	110	account in the county general fund for the use of the county’s
111	111	juvenile court or for services to juvenile offenders. Any money
112	112	remaining in the special account after 2 fiscal years must be
113	113	deposited in the county general fund if it has not been committed for
114	114	expenditure. The county treasurer shall provide, upon request by a
115	115	juvenile court, monthly reports of the revenue credited to and
116	116	expenditures made from the special account.
117	117	(b) Seven dollars for credit to a special revenue fund for the use
118	118	of the municipal courts. Any money remaining in the special
119	119	revenue fund after 2 fiscal years must be deposited in the municipal
120	120	general fund if it has not been committed for expenditure. The city
121	121	treasurer shall provide, upon request by a municipal court, monthly
122	122	reports of the revenue credited to and expenditures made from the
123	123	special revenue fund.
124	124	(c) [Five dollars] The remainder of each assessment to the
125	125	State Controller for credit to the State General Fund.
126	126	[(d) The remainder of each assessment to the State Controller
127	127	for credit to a special account in the State General Fund for
128	128	distribution as provided in subsection 8.]
129	129	6. The money collected for administrative assessments in
130	130	justice courts must be paid by the clerk of the court to the county
131	131	treasurer on or before the fifth day of each month for the preceding
132	132	month. The county treasurer shall distribute, on or before the 15th
133	133	day of that month, the money received in the following amounts for
134	134	each assessment received:
135	135	(a) Two dollars for credit to a special account in the county
136	136	general fund for the use of the county’s juvenile court or for services
137	137	to juvenile offenders. Any money remaining in the special account
138	138	after 2 fiscal years must be deposited in the county general fund if it
139	139	has not been committed for expenditure. The county treasurer shall
140	140	provide, upon request by a juvenile court, monthly reports of the
141	141	revenue credited to and expenditures made from the special account.
142	142	(b) Seven dollars for credit to a special revenue fund for the use
143	143	of the justice courts. Any money remaining in the special revenue
144	144	fund after 2 fiscal years must be deposited in the county general
145	145	fund if it has not been committed for expenditure. The county
146	146	– 4 –
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148	148
149	149	- 82nd Session (2023)
150	150	treasurer shall provide, upon request by a justice court, monthly
151	151	reports of the revenue credited to and expenditures made from the
152	152	special revenue fund.
153	153	(c) [Five dollars] The remainder of each assessment to the
154	154	State Controller for credit to the State General Fund.
155	155	[(d) The remainder of each assessment to the State Controller
156	156	for credit to a special account in the State General Fund for
157	157	distribution as provided in subsection 8.]
158	158	7. The money apportioned to a juvenile court, a justice court or
159	159	a municipal court pursuant to this section must be used, in addition
160	160	to providing services to juvenile offenders in the juvenile court, to
161	161	improve the operations of the court, or to acquire appropriate
162	162	advanced technology or the use of such technology, or both. Money
163	163	used to improve the operations of the court may include
164	164	expenditures for:
165	165	(a) Training and education of personnel;
166	166	(b) Acquisition of capital goods;
167	167	(c) Management and operational studies; or
168	168	(d) Audits.
169	169	8. [Of the total amount deposited in the State General Fund
170	170	pursuant to paragraph (d) of subsection 5 and paragraph (d) of
171	171	subsection 6, the State Controller shall distribute the money
172	172	received to the following public agencies in the following manner:
173	173	(a) Not less than 51 percent to the Office of Court Administrator
174	174	for allocation as follows:
175	175	(1) Forty-six and three-quarters percent of the amount
176	176	distributed to the Office of Court Administrator for:
177	177	(I) The administration of the courts;
178	178	(II) The development of a uniform system for judicial
179	179	records; and
180	180	(III) Continuing judicial education.
181	181	(2) Thirty-seven and three-quarters percent of the amount
182	182	distributed to the Office of Court Administrator for the Supreme
183	183	Court.
184	184	(3) Three and one-half percent of the amount distributed to
185	185	the Office of Court Administrator for the payment for the services of
186	186	retired justices, retired judges of the Court of Appeals and retired
187	187	district judges.
188	188	(4) Twelve percent of the amount distributed to the Office of
189	189	Court Administrator for the provision of specialty court programs.
190	190	(b) Not more than 49 percent must be used to the extent of
191	191	legislative authorization for the support of:
192	192	– 5 –
193	193
194	194
195	195	- 82nd Session (2023)
196	196	(1) The Central Repository for Nevada Records of Criminal
197	197	History;
198	198	(2) The Peace Officers’ Standards and Training Commission;
199	199	(3) The operation by the Department of Public Safety of a
200	200	computerized interoperative system for information related to law
201	201	enforcement;
202	202	(4) The Fund for the Compensation of Victims of Crime;
203	203	(5) The Advisory Council for Prosecuting Attorneys; and
204	204	(6) Programs within the Office of the Attorney General
205	205	related to victims of domestic violence.
206	206	9. Any money deposited in the State General Fund pursuant to
207	207	paragraph (d) of subsection 5 and paragraph (d) of subsection 6 that
208	208	is not distributed or used pursuant to paragraph (b) of subsection 8
209	209	must be transferred to the uncommitted balance of the State General
210	210	Fund.
211	211	10.] As used in this section:
212	212	(a) “Juvenile court” has the meaning ascribed to it in
213	213	NRS 62A.180.
214	214	(b) “Office of Court Administrator” means the Office of Court
215	215	Administrator created pursuant to NRS 1.320.
216	216	Sec. 2. NRS 2.185 and 353.359 hereby repealed.
217	217	Sec. 3. This act becomes effective on July 1, 2023.
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