Assembly Bill No. 548–Committee on Judiciary

 

(On Behalf of Department of Administration—Budget Division)

 

March 23, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing agencies eligible to receive distribution of proceeds of administrative assessments. (BDR 14‑1438)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Executive Budget.

 

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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 administrative assessments; revising provisions governing the eligibility of certain agencies to receive a distribution of proceeds from administrative assessments to include the advisory council for prosecuting attorneys; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 176.059 is hereby amended to read as follows:

1-2    176.059  1.  Except as otherwise provided in subsection 2, when a

1-3  defendant pleads guilty or guilty but mentally ill or is found guilty of a

1-4  misdemeanor, including the violation of any municipal ordinance, the

1-5  justice or judge shall include in the sentence the sum prescribed by the

1-6  following schedule as an administrative assessment and render a judgment

1-7  against the defendant for the assessment:

 

1-8        Fine                                                Assessment

1-9    $5 to $49................................................... $15

1-10    50 to 59....................................................... 30

1-11    60 to 69....................................................... 35

1-12    70 to 79....................................................... 40

1-13    80 to 89....................................................... 45

1-14    90 to 99....................................................... 50

1-15    100 to 199................................................... 60

1-16    200 to 299................................................... 70

1-17    300 to 399................................................... 80

1-18    400 to 499................................................... 90

1-19    500 to 1,000.............................................. 105

2-1    2.  The provisions of subsection 1 do not apply to:

2-2    (a) An ordinance regulating metered parking; or

2-3    (b) An ordinance which is specifically designated as imposing a civil

2-4  penalty or liability pursuant to NRS 244.3575 or 268.019.

2-5    3.  The money collected for an administrative assessment must not be

2-6  deducted from the fine imposed by the justice or judge but must be taxed

2-7  against the defendant in addition to the fine. The money collected for an

2-8  administrative assessment must be stated separately on the court’s docket

2-9  and must be included in the amount posted for bail. If the defendant is

2-10  found not guilty or the charges are dismissed, the money deposited with the

2-11  court must be returned to the defendant. If the justice or judge cancels a

2-12  fine because the fine has been determined to be uncollectible, any balance

2-13  of the fine and the administrative assessment remaining unpaid shall be

2-14  deemed to be uncollectible and the defendant is not required to pay it. If a

2-15  fine is determined to be uncollectible, the defendant is not entitled to a

2-16  refund of the fine or administrative assessment he has paid and the justice

2-17  or judge shall not recalculate the administrative assessment.

2-18    4.  If the justice or judge permits the fine and administrative assessment

2-19  to be paid in installments, the payments must be first applied to the unpaid

2-20  balance of the administrative assessment. The city treasurer shall distribute

2-21  partially collected administrative assessments in accordance with the

2-22  requirements of subsection 5. The county treasurer shall distribute partially

2-23  collected administrative assessments in accordance with the requirements

2-24  of subsection 6.

2-25    5.  The money collected for administrative assessments in municipal

2-26  court must be paid by the clerk of the court to the city treasurer on or

2-27  before the fifth day of each month for the preceding month. The city

2-28  treasurer shall distribute, on or before the 15th day of that month, the

2-29  money received in the following amounts for each assessment received:

2-30    (a) Two dollars to the county treasurer for credit to a special account in

2-31  the county general fund for the use of the county’s juvenile court or for

2-32  services to juvenile offenders. Any money remaining in the special account

2-33  after 2 fiscal years must be deposited in the county general fund if it has

2-34  not been committed for expenditure. The county treasurer shall provide,

2-35  upon request by a juvenile court, monthly reports of the revenue credited to

2-36  and expenditures made from the special account.

2-37    (b) Seven dollars for credit to a special revenue fund for the use of the

2-38  municipal courts. Any money remaining in the special revenue fund after 2

2-39  fiscal years must be deposited in the municipal general fund if it has not

2-40  been committed for expenditure. The city treasurer shall provide, upon

2-41  request by a municipal court, monthly reports of the revenue credited to

2-42  and expenditures made from the special revenue fund.

2-43    (c) The remainder of each assessment to the state treasurer for credit to

2-44  a special account in the state general fund.

2-45    6.  The money collected for administrative assessments in justices’

2-46  courts must be paid by the clerk of the court to the county treasurer on or

2-47  before the fifth day of each month for the preceding month. The county

2-48  treasurer shall distribute, on or before the 15th day of that month, the

2-49  money received in the following amounts for each assessment received:

3-1    (a) Two dollars for credit to a special account in the county general fund

3-2  for the use of the county’s juvenile court or for services to juvenile

3-3  offenders. Any money remaining in the special account after 2 fiscal years

3-4  must be deposited in the county general fund if it has not been committed

3-5  for expenditure. The county treasurer shall provide, upon request by a

3-6  juvenile court, monthly reports of the revenue credited to and expenditures

3-7  made from the special account.

3-8    (b) Seven dollars for credit to a special revenue fund for the use of the

3-9  justices’ courts. Any money remaining in the special revenue fund after 2

3-10  fiscal years must be deposited in the county general fund if it has not been

3-11  committed for expenditure. The county treasurer shall provide, upon

3-12  request by a justice’s court, monthly reports of the revenue credited to and

3-13  expenditures made from the special revenue fund.

3-14    (c) The remainder of each assessment to the state treasurer for credit to

3-15  a special account in the state general fund.

3-16    7.  The money apportioned to a juvenile court, a justice’s court or a

3-17  municipal court pursuant to this section must be used, in addition to

3-18  providing services to juvenile offenders in the juvenile court, to improve

3-19  the operations of the court, or to acquire appropriate advanced technology

3-20  or the use of such technology, or both. Money used to improve the

3-21  operations of the court may include expenditures for:

3-22    (a) Training and education of personnel;

3-23    (b) Acquisition of capital goods;

3-24    (c) Management and operational studies; or

3-25    (d) Audits.

3-26    8.  Of the total amount deposited in the state general fund pursuant to

3-27  subsections 5 and 6, the state controller shall distribute the money received,

3-28  to the extent of legislative authorization, to the following public agencies in

3-29  the following manner:

3-30    (a) Not less than 51 percent must be distributed to the office of the court

3-31  administrator for allocation as follows:

3-32      (1) Eighteen and one-half percent of the amount distributed to the

3-33  office of the court administrator for the administration of the courts.

3-34      (2) Nine percent of the amount distributed to the office of the court

3-35  administrator for the development of a uniform system for judicial records.

3-36      (3) Nine percent of the amount distributed to the office of the court

3-37  administrator for continuing judicial education.

3-38      (4) Sixty percent of the amount distributed to the office of the court

3-39  administrator for the supreme court.

3-40      (5) Three and one-half percent of the amount distributed to the office

3-41  of the court administrator for the payment for the services of retired

3-42  justices and retired district judges.

3-43    (b) Not more than 49 percent must be used to the extent of legislative

3-44  authorization for the support of:

3-45      (1) The central repository for Nevada records of criminal history;

3-46      (2) The peace officers’ standards and training commission;

3-47      (3) The operation by the Nevada highway patrol of a computerized

3-48  switching system for information related to law enforcement; [and]

3-49      (4) The fund for the compensation of victims of crime[.] ; and

4-1       (5) The advisory council for prosecuting attorneys.

4-2    9.  As used in this section, “juvenile court” means:

4-3    (a) In any judicial district that includes a county whose population is

4-4  100,000 or more, the family division of the district court; or

4-5    (b) In any other judicial district, the juvenile division of the district

4-6  court.

4-7    Sec. 2.  This act becomes effective on July 1, 2001.

 

4-8  H