(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT S.B. 17
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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 revises the list of persons 3
eligible for such a diversion program to exclude persons who have: (1) been 4
charged with certain misdemeanors; and (2) previously been convicted of or 5
determined to have committed certain criminal offenses. 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 violation of a temporary or extended order for 13
protection against domestic violence pursuant to NRS 33.017 to 14
33.100, inclusive; 15
(2) A crime of violence [; 16
(2)] as defined in NRS 200.408; 17
(3) A battery which constitutes domestic violence pursuant 18
to NRS 200.485; 19
(4) Harassment pursuant to NRS 200.571; 20
(5) Stalking pursuant to NRS 200.575; 21
(6) Coercion pursuant to NRS 207.190; 22
(7) Vehicular manslaughter as described in NRS 484B.657; 23
[(3)] (8) Driving under the influence of intoxicating liquor 24
or a controlled substance in violation of NRS 484C.110, 484C.120 25
or 484C.130; or 26
[(4)] (9) A minor traffic offense; [and] 27
(b) Has not previously been [: 28
(1) Convicted of violating any criminal law other than a 29
minor traffic offense; or 30
(2) Ordered by a court to complete a preprosecution 31
diversion program in this State.] convicted of or determined to have 32
committed: 33
(1) A felony or gross misdemeanor; 34
(2) A violation of a temporary or extended order for 35
protection against domestic violence pursuant to NRS 33.017 to 36
33.100, inclusive; 37
(3) A crime of violence as defined in NRS 200.408; 38
(4) A violation of an order imposing a condition of release 39
prohibiting contact issued pursuant to NRS 178.4845; 40
(5) A battery which constitutes domestic violence pursuant 41
to NRS 200.485; 42
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(6) Harassment pursuant to NRS 200.571; 1
(7) Stalking pursuant to NRS 200.575; 2
(8) A violent or sexual offense as defined in NRS 202.876; 3
(9) Coercion pursuant to NRS 207.190; 4
(10) Vehicular manslaughter as described in NRS 5
484B.657; 6
(11) Driving under the influence of intoxicating liquor or a 7
controlled substance in violation of NRS 484C.110, 484C.120 or 8
484C.130; or 9
(12) An attempt to commit an offense described in 10
subparagraph (1), (3), (7), (8) or (9); and 11
(c) Has not previously been ordered by a court to complete a 12
preprosecution diversion program in this State. 13
3. If a defendant is determined to be eligible for assignment to 14
a preprosecution diversion program pursuant to subsection 2, the 15
justice court or municipal court may order the defendant to complete 16
the program pursuant to subsection 5 of NRS 174.032. 17
4. A defendant has no right to complete a preprosecution 18
diversion program or to appeal the decision of the justice court or 19
municipal court relating to the participation of the defendant in such 20
a program. 21
Sec. 2. NRS 176A.230 is hereby amended to read as follows: 22
176A.230 A district court, justice court or municipal court , 23
as applicable, may establish an appropriate program for the 24
treatment of alcohol or other substance use disorders, to which it 25
may assign a defendant pursuant to NRS 174.032, 176.015, 26
176.211, 176A.240, 176A.400, 453.336 or 453.3363. The 27
assignment must include the terms and conditions for successful 28
completion of the program and provide for progress reports at 29
intervals set by the court to ensure that the defendant is making 30
satisfactory progress towards completion of the program. 31
Sec. 3. NRS 176A.240 is hereby amended to read as follows: 32
176A.240 1. Except as otherwise provided in subparagraph 33
(1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant 34
who suffers from a substance use disorder or any co-occurring 35
disorder tenders a plea of guilty, guilty but mentally ill or nolo 36
contendere to, or is found guilty or guilty but mentally ill of, any 37
offense for which the suspension of sentence or the granting of 38
probation is not prohibited by statute, [the] a district court, justice 39
court or municipal court may: 40
(a) Without entering a judgment of conviction and with the 41
consent of the defendant, suspend or defer further proceedings and 42
place the defendant on probation upon terms and conditions that 43
must include attendance and successful completion of a program 44
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established pursuant to NRS 176A.230 if the court determines that 1
the defendant is eligible for participation in such a program; or 2
(b) Enter a judgment of conviction and place the defendant on 3
probation upon terms and conditions that must include attendance 4
and successful completion of a program established pursuant to 5
NRS 176A.230 if the court determines that the defendant is eligible 6
for participation in such a program. 7
2. Except as otherwise provided in subsection 4, a defendant is 8
eligible for participation in a program established pursuant to NRS 9
176A.230 if [the] : 10
(a) The defendant is diagnosed as having a substance use 11
disorder or any co-occurring disorder: 12
[(a)] (1) After an in-person clinical assessment by: 13
[(1)] (I) A counselor who is licensed or certified to make 14
such a diagnosis; or 15
[(2)] (II) A duly licensed physician qualified by the Board 16
of Medical Examiners to make such a diagnosis; or 17
[(b)] (2) Pursuant to a substance use assessment [.] ; or 18
(b) The court, upon its discretion, provisionally refers a 19
defendant for participation in such a program pending the 20
outcome of the assessment conducted pursuant to subparagraph 21
(1) or (2) of paragraph (a). 22
3. A counselor or physician who diagnoses a defendant as 23
having a substance use disorder shall submit a report and 24
recommendation to the court concerning the length and type of 25
treatment required for the defendant. 26
4. If the offense committed by the defendant is a category A 27
felony or a sexual offense as defined in NRS 179D.097 that is 28
punishable as a category B felony, the defendant is not eligible for 29
assignment to the program. 30
5. Upon violation of a term or condition: 31
(a) The court may enter a judgment of conviction, if applicable, 32
and proceed as provided in the section pursuant to which the 33
defendant was charged. 34
(b) Notwithstanding the provisions of paragraph (e) of 35
subsection 2 of NRS 193.130, the court may order the defendant to 36
the custody of the Department of Corrections if the offense is 37
punishable by imprisonment in the state prison. 38
6. Except as otherwise provided in subsection 8, upon 39
fulfillment of the terms and conditions, the court: 40
(a) Shall discharge the defendant and dismiss the proceedings or 41
set aside the judgment of conviction, as applicable, unless the 42
defendant: 43
(1) Has been previously convicted in this State or in any 44
other jurisdiction of a felony; or 45
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(2) Has previously failed to complete a specialty court 1
program; or 2
(b) May discharge the defendant and dismiss the proceedings or 3
set aside the judgment of conviction, as applicable, if the defendant: 4
(1) Has been previously convicted in this State or in any 5
other jurisdiction of a felony; or 6
(2) Has previously failed to complete a specialty court 7
program. 8
7. Discharge and dismissal pursuant to this section is without 9
adjudication of guilt and is not a conviction for purposes of this 10
section or for purposes of employment, civil rights or any statute or 11
regulation or license or questionnaire or for any other public or 12
private purpose, but is a conviction for the purpose of additional 13
penalties imposed for second or subsequent convictions or the 14
setting of bail. Discharge and dismissal restores the defendant, in the 15
contemplation of the law, to the status occupied before the arrest, 16
indictment or information. The defendant may not be held thereafter 17
under any law to be guilty of perjury or otherwise giving a false 18
statement by reason of failure to recite or acknowledge that arrest, 19
indictment, information or trial in response to an inquiry made of 20
the defendant for any purpose. 21
8. If the defendant was charged with a violation of NRS 22
200.485, 484C.110 or 484C.120, upon fulfillment of the terms and 23
conditions, the district court, justice court or municipal court, as 24
applicable, may conditionally dismiss the charges or set aside the 25
judgment of conviction, as applicable. If a court conditionally 26
dismisses the charges or sets aside the judgment of conviction, the 27
court shall notify the defendant that any conditionally dismissed 28
charge or judgment of conviction that is set aside is a conviction for 29
the purpose of additional penalties imposed for second or 30
subsequent convictions or the setting of bail in a future case, but is 31
not a conviction for purposes of employment, civil rights or any 32
statute or regulation or license or questionnaire or for any other 33
public or private purpose. Conditional dismissal or having a 34
judgment of conviction set aside restores the defendant, in the 35
contemplation of the law, to the status occupied before the arrest, 36
complaint, indictment or information. The defendant may not be 37
held thereafter under any law to be guilty of perjury or otherwise 38
giving a false statement by reason of failure to recite or 39
acknowledge that arrest, complaint, indictment, information or trial 40
in response to an inquiry made of the defendant for any purpose. 41
Sec. 4. NRS 176A.245 is hereby amended to read as follows: 42
176A.245 1. Except as otherwise provided in subsection 2, 43
after a defendant is discharged from probation or a case is dismissed 44
pursuant to NRS 176A.240, [the] a justice court, municipal court 45
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or district court shall order sealed all documents, papers and 1
exhibits in the defendant’s record, minute book entries and entries 2
on dockets, and other documents relating to the case in the custody 3
of such other agencies and officers as are named in the court’s order 4
if the defendant fulfills the terms and conditions imposed by the 5
court and the Division. The court shall order those records sealed 6
without a hearing unless the Division petitions the court, for good 7
cause shown, not to seal the records and requests a hearing thereon. 8
2. If the defendant is charged with a violation of NRS 200.485, 9
484C.110 or 484C.120 and the charges are conditionally dismissed 10
or the judgment of conviction is set aside as provided in NRS 11
176A.240, not sooner than 7 years after the charges are 12
conditionally dismissed or the judgment of conviction is set aside 13
and upon the filing of a petition by the defendant, the justice court, 14
municipal court or district court, as applicable, shall order that all 15
documents, papers and exhibits in the defendant’s record, minute 16
book entries and entries on dockets, and other documents relating to 17
the case in the custody of such other agencies and officers as are 18
named in the court’s order be sealed. The justice court, municipal 19
court or district court, as applicable, shall order those records sealed 20
without a hearing unless the Division petitions the court, for good 21
cause shown, not to seal the records and requests a hearing thereon. 22
3. If the justice court, municipal court or district court orders 23
sealed the record of a defendant who is discharged from probation, 24
whose case is dismissed, whose charges were conditionally 25
dismissed or whose judgment of conviction was set aside pursuant 26
to NRS 176A.240, the court shall send a copy of the order to each 27
agency or officer named in the order. Each such agency or officer 28
shall notify the court in writing of its compliance with the order. 29
Sec. 5. This act becomes effective upon passage and approval. 30
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