Assembly Bill No. 548–Committee on Judiciary

 

CHAPTER..........

 

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:

 

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

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

 defendant pleads guilty or guilty but mentally ill or is found guilty of a

 misdemeanor, including the violation of any municipal ordinance, the

 justice or judge shall include in the sentence the sum prescribed by the

 following schedule as an administrative assessment and render a judgment

 against the defendant for the assessment:

 

         Fine                                                Assessment

     $5 to $49................................................... $15

     50 to 59....................................................... 30

     60 to 69....................................................... 35

     70 to 79....................................................... 40

     80 to 89....................................................... 45

     90 to 99....................................................... 50

     100 to 199................................................... 60

     200 to 299................................................... 70

     300 to 399................................................... 80

     400 to 499................................................... 90

     500 to 1,000.............................................. 105

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

   (a) An ordinance regulating metered parking; or

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

 penalty or liability pursuant to NRS 244.3575 or 268.019.

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

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

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

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

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

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

 the court must be returned to the defendant. If the justice or judge cancels

 a fine because the fine has been determined to be uncollectible, any

 balance of the fine and the administrative assessment remaining unpaid

 shall be deemed to be uncollectible and the defendant is not required to

 pay it. If a fine is determined to be uncollectible, the defendant is not

 entitled to a refund of the fine or administrative assessment he has paid

 and the justice or judge shall not recalculate the administrative assessment.

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

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

 balance of the administrative assessment. The city treasurer shall distribute

 partially collected administrative assessments in accordance with the

requirements of subsection 5. The county treasurer shall distribute partially

collected administrative assessments in accordance with the requirements

 of subsection 6.

   5.  The money collected for administrative assessments in municipal

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

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

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

 money received in the following amounts for each assessment received:

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

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

 services to juvenile offenders. Any money remaining in the special

 account after 2 fiscal years must be deposited in the county general fund if

 it has not been committed for expenditure. The county treasurer shall

 provide, upon request by a juvenile court, monthly reports of the revenue

 credited to and expenditures made from the special account.

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

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

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

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

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

 and expenditures made from the special revenue fund.

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

 a special account in the state general fund.

   6.  The money collected for administrative assessments in justices’

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

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

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

 money received in the following amounts for each assessment received:

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

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

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

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

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

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

 made from the special account.

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

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

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

 committed for expenditure. The county treasurer shall provide, upon

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

 expenditures made from the special revenue fund.

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

 a special account in the state general fund.

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

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

 providing services to juvenile offenders in the juvenile court, to improve

 the operations of the court, or to acquire appropriate advanced technology

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

 operations of the court may include expenditures for:

   (a) Training and education of personnel;

   (b) Acquisition of capital goods;

   (c) Management and operational studies; or

   (d) Audits.

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

 subsections 5 and 6, the state controller shall distribute the money

 received, to the extent of legislative authorization, to the following public

 agencies in the following manner:

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

 administrator for allocation as follows:

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

 office of the court administrator for the administration of the courts.

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

 administrator for the development of a uniform system for judicial records.

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

 administrator for continuing judicial education.

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

 administrator for the supreme court.

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

 of the court administrator for the payment for the services of retired

 justices and retired district judges.

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

 authorization for the support of:

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

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

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

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

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

     (5) The advisory council for prosecuting attorneys.

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

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

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

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

 court.

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

 

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