S.B. 17
- *SB17*
SENATE BILL NO. 17–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SUPREME COURT)
PREFILED NOVEMBER 4, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to specialty courts.
(BDR 14-474)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to criminal procedure; revising the eligibility for
defendants charged with certain crimes to complete a
preprosecution diversion program; revising certain
provisions relating to programs for treatment of alcohol or
other substance use disorders; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes a preprosecution diversion program for certain persons 1
who have been accused of committing certain crimes which are punishable as a 2
misdemeanor. (NRS 174.031) Section 1 of this bill expands the list of persons 3
eligible for such a diversion program, to include persons who have previously: (1) 4
been convicted, with the exception of certain criminal offenses; or (2) completed a 5
preprosecution diversion program in this State. 6
Existing law establishes a program for the treatment of alcohol or other 7
substance use disorders to which a court may assign certain persons. The program 8
is modeled after the provisions of law governing the programs for the treatment of 9
mental illness and intellectual disabilities and for the treatment of veterans and 10
members of the military. (NRS 176A.230) Sections 2-4 of this bill clarify that a 11
district court, justice court or municipal court each has the authority to establish a 12
program for the treatment of alcohol or other substance use disorders. Section 3 13
also authorizes a court to provisionally refer a defendant to a program for the 14
treatment of alcohol or other substance use disorders, pending the outcome of a 15
clinical assessment or substance use assessment. 16
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 174.031 is hereby amended to read as follows: 1
174.031 1. At the arraignment of a defendant in justice court 2
or municipal court, but before the entry of a plea, the court may 3
determine whether the defendant is eligible for assignment to a 4
preprosecution diversion program established pursuant to NRS 5
174.032. The court shall receive input from the prosecuting attorney 6
and the attorney for the defendant, if any, whether the defendant 7
would benefit from and is eligible for assignment to the program. 8
2. A defendant may be determined to be eligible by the court 9
for assignment to a preprosecution diversion program if the 10
defendant: 11
(a) Is charged with a misdemeanor other than: 12
(1) A crime of violence; 13
(2) Vehicular manslaughter as described in NRS 484B.657; 14
(3) Driving under the influence of intoxicating liquor or a 15
controlled substance in violation of NRS 484C.110, 484C.120 or 16
484C.130; or 17
(4) A minor traffic offense; and 18
(b) Has not previously been [: 19
(1) Convicted of violating any criminal law other than a 20
minor traffic offense; or 21
(2) Ordered by a court to complete a preprosecution 22
diversion program in this State.] convicted of: 23
(1) A crime of violence; 24
(2) A sexual offense as defined in NRS 202.876; 25
(3) A crime of battery which constitutes domestic violence 26
pursuant to NRS 200.485; 27
(4) Vehicular manslaughter as described in NRS 484B.657; 28
or 29
(5) Driving under the influence of intoxicating liquor or a 30
controlled substance in violation of NRS 484C.110, 484C.120 or 31
484C.130. 32
3. If a defendant is determined to be eligible for assignment to 33
a preprosecution diversion program pursuant to subsection 2, the 34
justice court or municipal court may order the defendant to complete 35
the program pursuant to subsection 5 of NRS 174.032. 36
4. A defendant has no right to complete a preprosecution 37
diversion program or to appeal the decision of the justice court or 38
municipal court relating to the participation of the defendant in such 39
a program. 40
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Sec. 2. NRS 176A.230 is hereby amended to read as follows: 1
176A.230 A district court, justice court or municipal court , 2
as applicable, may establish an appropriate program for the 3
treatment of alcohol or other substance use disorders, to which it 4
may assign a defendant pursuant to NRS 174.032, 176.015, 5
176.211, 176A.240, 176A.400, 453.336 or 453.3363. The 6
assignment must include the terms and conditions for successful 7
completion of the program and provide for progress reports at 8
intervals set by the court to ensure that the defendant is making 9
satisfactory progress towards completion of the program. 10
Sec. 3. NRS 176A.240 is hereby amended to read as follows: 11
176A.240 1. Except as otherwise provided in subparagraph 12
(1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant 13
who suffers from a substance use disorder or any co-occurring 14
disorder tenders a plea of guilty, guilty but mentally ill or nolo 15
contendere to, or is found guilty or guilty but mentally ill of, any 16
offense for which the suspension of sentence or the granting of 17
probation is not prohibited by statute, [the] a district court, justice 18
court or municipal court may: 19
(a) Without entering a judgment of conviction and with the 20
consent of the defendant, suspend or defer further proceedings and 21
place the defendant on probation upon terms and conditions that 22
must include attendance and successful completion of a program 23
established pursuant to NRS 176A.230 if the court determines that 24
the defendant is eligible for participation in such a program; or 25
(b) Enter a judgment of conviction and place the defendant on 26
probation upon terms and conditions that must include attendance 27
and successful completion of a program established pursuant to 28
NRS 176A.230 if the court determines that the defendant is eligible 29
for participation in such a program. 30
2. Except as otherwise provided in subsection 4, a defendant is 31
eligible for participation in a program established pursuant to NRS 32
176A.230 if [the] : 33
(a) The defendant is diagnosed as having a substance use 34
disorder or any co-occurring disorder: 35
[(a)] (1) After an in-person clinical assessment by: 36
[(1)] (I) A counselor who is licensed or certified to make 37
such a diagnosis; or 38
[(2)] (II) A duly licensed physician qualified by the Board 39
of Medical Examiners to make such a diagnosis; or 40
[(b)] (2) Pursuant to a substance use assessment [.] ; or 41
(b) The court, upon its discretion, provisionally refers a 42
defendant for participation in such a program pending the 43
outcome of the assessment conducted pursuant to subparagraph 44
(1) or (2) of paragraph (a). 45
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3. A counselor or physician who diagnoses a defendant as 1
having a substance use disorder shall submit a report and 2
recommendation to the court concerning the length and type of 3
treatment required for the defendant. 4
4. If the offense committed by the defendant is a category A 5
felony or a sexual offense as defined in NRS 179D.097 that is 6
punishable as a category B felony, the defendant is not eligible for 7
assignment to the program. 8
5. Upon violation of a term or condition: 9
(a) The court may enter a judgment of conviction, if applicable, 10
and proceed as provided in the section pursuant to which the 11
defendant was charged. 12
(b) Notwithstanding the provisions of paragraph (e) of 13
subsection 2 of NRS 193.130, the court may order the defendant to 14
the custody of the Department of Corrections if the offense is 15
punishable by imprisonment in the state prison. 16
6. Except as otherwise provided in subsection 8, upon 17
fulfillment of the terms and conditions, the court: 18
(a) Shall discharge the defendant and dismiss the proceedings or 19
set aside the judgment of conviction, as applicable, unless the 20
defendant: 21
(1) Has been previously convicted in this State or in any 22
other jurisdiction of a felony; or 23
(2) Has previously failed to complete a specialty court 24
program; or 25
(b) May discharge the defendant and dismiss the proceedings or 26
set aside the judgment of conviction, as applicable, if the defendant: 27
(1) Has been previously convicted in this State or in any 28
other jurisdiction of a felony; or 29
(2) Has previously failed to complete a specialty court 30
program. 31
7. Discharge and dismissal pursuant to this section is without 32
adjudication of guilt and is not a conviction for purposes of this 33
section or for purposes of employment, civil rights or any statute or 34
regulation or license or questionnaire or for any other public or 35
private purpose, but is a conviction for the purpose of additional 36
penalties imposed for second or subsequent convictions or the 37
setting of bail. Discharge and dismissal restores the defendant, in the 38
contemplation of the law, to the status occupied before the arrest, 39
indictment or information. The defendant may not be held thereafter 40
under any law to be guilty of perjury or otherwise giving a false 41
statement by reason of failure to recite or acknowledge that arrest, 42
indictment, information or trial in response to an inquiry made of 43
the defendant for any purpose. 44
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8. If the defendant was charged with a violation of NRS 1
200.485, 484C.110 or 484C.120, upon fulfillment of the terms and 2
conditions, the district court, justice court or municipal court, as 3
applicable, may conditionally dismiss the charges or set aside the 4
judgment of conviction, as applicable. If a court conditionally 5
dismisses the charges or sets aside the judgment of conviction, the 6
court shall notify the defendant that any conditionally dismissed 7
charge or judgment of conviction that is set aside is a conviction for 8
the purpose of additional penalties imposed for second or 9
subsequent convictions or the setting of bail in a future case, but is 10
not a conviction for purposes of employment, civil rights or any 11
statute or regulation or license or questionnaire or for any other 12
public or private purpose. Conditional dismissal or having a 13
judgment of conviction set aside restores the defendant, in the 14
contemplation of the law, to the status occupied before the arrest, 15
complaint, indictment or information. The defendant may not be 16
held thereafter under any law to be guilty of perjury or otherwise 17
giving a false statement by reason of failure to recite or 18
acknowledge that arrest, complaint, indictment, information or trial 19
in response to an inquiry made of the defendant for any purpose. 20
Sec. 4. NRS 176A.245 is hereby amended to read as follows: 21
176A.245 1. Except as otherwise provided in subsection 2, 22
after a defendant is discharged from probation or a case is dismissed 23
pursuant to NRS 176A.240, [the] a justice court, municipal court 24
or district court shall order sealed all documents, papers and 25
exhibits in the defendant’s record, minute book entries and entries 26
on dockets, and other documents relating to the case in the custody 27
of such other agencies and officers as are named in the court’s order 28
if the defendant fulfills the terms and conditions imposed by the 29
court and the Division. The court shall order those records sealed 30
without a hearing unless the Division petitions the court, for good 31
cause shown, not to seal the records and requests a hearing thereon. 32
2. If the defendant is charged with a violation of NRS 200.485, 33
484C.110 or 484C.210 and the charges are conditionally dismissed 34
or the judgment of conviction is set aside as provided in NRS 35
176A.240, not sooner than 7 years after the charges are 36
conditionally dismissed or the judgment of conviction is set aside 37
and upon the filing of a petition by the defendant, the justice court, 38
municipal court or district court, as applicable, shall order that all 39
documents, papers and exhibits in the defendant’s record, minute 40
book entries and entries on dockets, and other documents relating to 41
the case in the custody of such other agencies and officers as are 42
named in the court’s order be sealed. The justice court, municipal 43
court or district court, as applicable, shall order those records sealed 44
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without a hearing unless the Division petitions the court, for good 1
cause shown, not to seal the records and requests a hearing thereon. 2
3. If the justice court, municipal court or district court orders 3
sealed the record of a defendant who is discharged from probation, 4
whose case is dismissed, whose charges were conditionally 5
dismissed or whose judgment of conviction was set aside pursuant 6
to NRS 176A.240, the court shall send a copy of the order to each 7
agency or officer named in the order. Each such agency or officer 8
shall notify the court in writing of its compliance with the order. 9
Sec. 5. This act becomes effective upon passage and approval. 10
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