Nevada 2025 Regular Session

Nevada Senate Bill SB17 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	S.B. 17
4	4
5	5	- SB17
6	6
7	7	SENATE BILL NO. 17–COMMITTEE ON JUDICIARY
8	8
9	9	(ON BEHALF OF THE NEVADA SUPREME COURT)
10	10
11	11	PREFILED NOVEMBER 4, 2024
12	12	____________
13	13
14	14	Referred to Committee on Judiciary
15	15
16	16	SUMMARY—Revises provisions relating to specialty courts.
17	17	(BDR 14-474)
18	18
19	19	FISCAL NOTE: Effect on Local Government: No.
20	20	Effect on the State: No.
21	21
22	22	~
23	23
24	24	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
25	25
26	26
27	27	AN ACT relating to criminal procedure; revising the eligibility for
28	28	defendants charged with certain crimes to complete a
29	29	preprosecution diversion program; revising certain
30	30	provisions relating to programs for treatment of alcohol or
31	31	other substance use disorders; and providing other matters
32	32	properly relating thereto.
33	33	Legislative Counsel’s Digest:
34	34	Existing law establishes a preprosecution diversion program for certain persons 1
35	35	who have been accused of committing certain crimes which are punishable as a 2
36	36	misdemeanor. (NRS 174.031) Section 1 of this bill expands the list of persons 3
37	37	eligible for such a diversion program, to include persons who have previously: (1) 4
38	38	been convicted, with the exception of certain criminal offenses; or (2) completed a 5
39	39	preprosecution diversion program in this State. 6
40	40	Existing law establishes a program for the treatment of alcohol or other 7
41	41	substance use disorders to which a court may assign certain persons. The program 8
42	42	is modeled after the provisions of law governing the programs for the treatment of 9
43	43	mental illness and intellectual disabilities and for the treatment of veterans and 10
44	44	members of the military. (NRS 176A.230) Sections 2-4 of this bill clarify that a 11
45	45	district court, justice court or municipal court each has the authority to establish a 12
46	46	program for the treatment of alcohol or other substance use disorders. Section 3 13
47	47	also authorizes a court to provisionally refer a defendant to a program for the 14
48	48	treatment of alcohol or other substance use disorders, pending the outcome of a 15
49	49	clinical assessment or substance use assessment. 16
50	50
51	51
52	52	– 2 –
53	53
54	54
55	55	- SB17
56	56	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
57	57	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
58	58
59	59	Section 1. NRS 174.031 is hereby amended to read as follows: 1
60	60	174.031 1. At the arraignment of a defendant in justice court 2
61	61	or municipal court, but before the entry of a plea, the court may 3
62	62	determine whether the defendant is eligible for assignment to a 4
63	63	preprosecution diversion program established pursuant to NRS 5
64	64	174.032. The court shall receive input from the prosecuting attorney 6
65	65	and the attorney for the defendant, if any, whether the defendant 7
66	66	would benefit from and is eligible for assignment to the program. 8
67	67	2. A defendant may be determined to be eligible by the court 9
68	68	for assignment to a preprosecution diversion program if the 10
69	69	defendant: 11
70	70	(a) Is charged with a misdemeanor other than: 12
71	71	(1) A crime of violence; 13
72	72	(2) Vehicular manslaughter as described in NRS 484B.657; 14
73	73	(3) Driving under the influence of intoxicating liquor or a 15
74	74	controlled substance in violation of NRS 484C.110, 484C.120 or 16
75	75	484C.130; or 17
76	76	(4) A minor traffic offense; and 18
77	77	(b) Has not previously been [: 19
78	78	(1) Convicted of violating any criminal law other than a 20
79	79	minor traffic offense; or 21
80	80	(2) Ordered by a court to complete a preprosecution 22
81	81	diversion program in this State.] convicted of: 23
82	82	(1) A crime of violence; 24
83	83	(2) A sexual offense as defined in NRS 202.876; 25
84	84	(3) A crime of battery which constitutes domestic violence 26
85	85	pursuant to NRS 200.485; 27
86	86	(4) Vehicular manslaughter as described in NRS 484B.657; 28
87	87	or 29
88	88	(5) Driving under the influence of intoxicating liquor or a 30
89	89	controlled substance in violation of NRS 484C.110, 484C.120 or 31
90	90	484C.130. 32
91	91	3. If a defendant is determined to be eligible for assignment to 33
92	92	a preprosecution diversion program pursuant to subsection 2, the 34
93	93	justice court or municipal court may order the defendant to complete 35
94	94	the program pursuant to subsection 5 of NRS 174.032. 36
95	95	4. A defendant has no right to complete a preprosecution 37
96	96	diversion program or to appeal the decision of the justice court or 38
97	97	municipal court relating to the participation of the defendant in such 39
98	98	a program. 40
99	99	– 3 –
100	100
101	101
102	102	- SB17
103	103	Sec. 2. NRS 176A.230 is hereby amended to read as follows: 1
104	104	176A.230 A district court, justice court or municipal court , 2
105	105	as applicable, may establish an appropriate program for the 3
106	106	treatment of alcohol or other substance use disorders, to which it 4
107	107	may assign a defendant pursuant to NRS 174.032, 176.015, 5
108	108	176.211, 176A.240, 176A.400, 453.336 or 453.3363. The 6
109	109	assignment must include the terms and conditions for successful 7
110	110	completion of the program and provide for progress reports at 8
111	111	intervals set by the court to ensure that the defendant is making 9
112	112	satisfactory progress towards completion of the program. 10
113	113	Sec. 3. NRS 176A.240 is hereby amended to read as follows: 11
114	114	176A.240 1. Except as otherwise provided in subparagraph 12
115	115	(1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant 13
116	116	who suffers from a substance use disorder or any co-occurring 14
117	117	disorder tenders a plea of guilty, guilty but mentally ill or nolo 15
118	118	contendere to, or is found guilty or guilty but mentally ill of, any 16
119	119	offense for which the suspension of sentence or the granting of 17
120	120	probation is not prohibited by statute, [the] a district court, justice 18
121	121	court or municipal court may: 19
122	122	(a) Without entering a judgment of conviction and with the 20
123	123	consent of the defendant, suspend or defer further proceedings and 21
124	124	place the defendant on probation upon terms and conditions that 22
125	125	must include attendance and successful completion of a program 23
126	126	established pursuant to NRS 176A.230 if the court determines that 24
127	127	the defendant is eligible for participation in such a program; or 25
128	128	(b) Enter a judgment of conviction and place the defendant on 26
129	129	probation upon terms and conditions that must include attendance 27
130	130	and successful completion of a program established pursuant to 28
131	131	NRS 176A.230 if the court determines that the defendant is eligible 29
132	132	for participation in such a program. 30
133	133	2. Except as otherwise provided in subsection 4, a defendant is 31
134	134	eligible for participation in a program established pursuant to NRS 32
135	135	176A.230 if [the] : 33
136	136	(a) The defendant is diagnosed as having a substance use 34
137	137	disorder or any co-occurring disorder: 35
138	138	[(a)] (1) After an in-person clinical assessment by: 36
139	139	[(1)] (I) A counselor who is licensed or certified to make 37
140	140	such a diagnosis; or 38
141	141	[(2)] (II) A duly licensed physician qualified by the Board 39
142	142	of Medical Examiners to make such a diagnosis; or 40
143	143	[(b)] (2) Pursuant to a substance use assessment [.] ; or 41
144	144	(b) The court, upon its discretion, provisionally refers a 42
145	145	defendant for participation in such a program pending the 43
146	146	outcome of the assessment conducted pursuant to subparagraph 44
147	147	(1) or (2) of paragraph (a). 45
148	148	– 4 –
149	149
150	150
151	151	- SB17
152	152	3. A counselor or physician who diagnoses a defendant as 1
153	153	having a substance use disorder shall submit a report and 2
154	154	recommendation to the court concerning the length and type of 3
155	155	treatment required for the defendant. 4
156	156	4. If the offense committed by the defendant is a category A 5
157	157	felony or a sexual offense as defined in NRS 179D.097 that is 6
158	158	punishable as a category B felony, the defendant is not eligible for 7
159	159	assignment to the program. 8
160	160	5. Upon violation of a term or condition: 9
161	161	(a) The court may enter a judgment of conviction, if applicable, 10
162	162	and proceed as provided in the section pursuant to which the 11
163	163	defendant was charged. 12
164	164	(b) Notwithstanding the provisions of paragraph (e) of 13
165	165	subsection 2 of NRS 193.130, the court may order the defendant to 14
166	166	the custody of the Department of Corrections if the offense is 15
167	167	punishable by imprisonment in the state prison. 16
168	168	6. Except as otherwise provided in subsection 8, upon 17
169	169	fulfillment of the terms and conditions, the court: 18
170	170	(a) Shall discharge the defendant and dismiss the proceedings or 19
171	171	set aside the judgment of conviction, as applicable, unless the 20
172	172	defendant: 21
173	173	(1) Has been previously convicted in this State or in any 22
174	174	other jurisdiction of a felony; or 23
175	175	(2) Has previously failed to complete a specialty court 24
176	176	program; or 25
177	177	(b) May discharge the defendant and dismiss the proceedings or 26
178	178	set aside the judgment of conviction, as applicable, if the defendant: 27
179	179	(1) Has been previously convicted in this State or in any 28
180	180	other jurisdiction of a felony; or 29
181	181	(2) Has previously failed to complete a specialty court 30
182	182	program. 31
183	183	7. Discharge and dismissal pursuant to this section is without 32
184	184	adjudication of guilt and is not a conviction for purposes of this 33
185	185	section or for purposes of employment, civil rights or any statute or 34
186	186	regulation or license or questionnaire or for any other public or 35
187	187	private purpose, but is a conviction for the purpose of additional 36
188	188	penalties imposed for second or subsequent convictions or the 37
189	189	setting of bail. Discharge and dismissal restores the defendant, in the 38
190	190	contemplation of the law, to the status occupied before the arrest, 39
191	191	indictment or information. The defendant may not be held thereafter 40
192	192	under any law to be guilty of perjury or otherwise giving a false 41
193	193	statement by reason of failure to recite or acknowledge that arrest, 42
194	194	indictment, information or trial in response to an inquiry made of 43
195	195	the defendant for any purpose. 44
196	196	– 5 –
197	197
198	198
199	199	- SB17
200	200	8. If the defendant was charged with a violation of NRS 1
201	201	200.485, 484C.110 or 484C.120, upon fulfillment of the terms and 2
202	202	conditions, the district court, justice court or municipal court, as 3
203	203	applicable, may conditionally dismiss the charges or set aside the 4
204	204	judgment of conviction, as applicable. If a court conditionally 5
205	205	dismisses the charges or sets aside the judgment of conviction, the 6
206	206	court shall notify the defendant that any conditionally dismissed 7
207	207	charge or judgment of conviction that is set aside is a conviction for 8
208	208	the purpose of additional penalties imposed for second or 9
209	209	subsequent convictions or the setting of bail in a future case, but is 10
210	210	not a conviction for purposes of employment, civil rights or any 11
211	211	statute or regulation or license or questionnaire or for any other 12
212	212	public or private purpose. Conditional dismissal or having a 13
213	213	judgment of conviction set aside restores the defendant, in the 14
214	214	contemplation of the law, to the status occupied before the arrest, 15
215	215	complaint, indictment or information. The defendant may not be 16
216	216	held thereafter under any law to be guilty of perjury or otherwise 17
217	217	giving a false statement by reason of failure to recite or 18
218	218	acknowledge that arrest, complaint, indictment, information or trial 19
219	219	in response to an inquiry made of the defendant for any purpose. 20
220	220	Sec. 4. NRS 176A.245 is hereby amended to read as follows: 21
221	221	176A.245 1. Except as otherwise provided in subsection 2, 22
222	222	after a defendant is discharged from probation or a case is dismissed 23
223	223	pursuant to NRS 176A.240, [the] a justice court, municipal court 24
224	224	or district court shall order sealed all documents, papers and 25
225	225	exhibits in the defendant’s record, minute book entries and entries 26
226	226	on dockets, and other documents relating to the case in the custody 27
227	227	of such other agencies and officers as are named in the court’s order 28
228	228	if the defendant fulfills the terms and conditions imposed by the 29
229	229	court and the Division. The court shall order those records sealed 30
230	230	without a hearing unless the Division petitions the court, for good 31
231	231	cause shown, not to seal the records and requests a hearing thereon. 32
232	232	2. If the defendant is charged with a violation of NRS 200.485, 33
233	233	484C.110 or 484C.210 and the charges are conditionally dismissed 34
234	234	or the judgment of conviction is set aside as provided in NRS 35
235	235	176A.240, not sooner than 7 years after the charges are 36
236	236	conditionally dismissed or the judgment of conviction is set aside 37
237	237	and upon the filing of a petition by the defendant, the justice court, 38
238	238	municipal court or district court, as applicable, shall order that all 39
239	239	documents, papers and exhibits in the defendant’s record, minute 40
240	240	book entries and entries on dockets, and other documents relating to 41
241	241	the case in the custody of such other agencies and officers as are 42
242	242	named in the court’s order be sealed. The justice court, municipal 43
243	243	court or district court, as applicable, shall order those records sealed 44
244	244	– 6 –
245	245
246	246
247	247	- SB17
248	248	without a hearing unless the Division petitions the court, for good 1
249	249	cause shown, not to seal the records and requests a hearing thereon. 2
250	250	3. If the justice court, municipal court or district court orders 3
251	251	sealed the record of a defendant who is discharged from probation, 4
252	252	whose case is dismissed, whose charges were conditionally 5
253	253	dismissed or whose judgment of conviction was set aside pursuant 6
254	254	to NRS 176A.240, the court shall send a copy of the order to each 7
255	255	agency or officer named in the order. Each such agency or officer 8
256	256	shall notify the court in writing of its compliance with the order. 9
257	257	Sec. 5. This act becomes effective upon passage and approval. 10
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259	259	H
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