Senate Bill No. 139–Committee on Finance

 

(On Behalf of Administrative Office of The Courts)

 

February 15, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Revise manner in which administrative assessments are distributed. (BDR 14‑515)

 

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 administrative assessments; revising the manner in which the assessments are distributed; 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

1-20    2.  The provisions of subsection 1 do not apply to:

1-21    (a) An ordinance regulating metered parking; or

2-1    (b) An ordinance which is specifically designated as imposing a civil

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

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

2-4  deducted from the fine imposed by the justice or judge but must be taxed

2-5  against the defendant in addition to the fine. The money collected for an

2-6  administrative assessment must be stated separately on the court’s docket

2-7  and must be included in the amount posted for bail. If the defendant is

2-8  found not guilty or the charges are dismissed, the money deposited with the

2-9  court must be returned to the defendant. If the justice or judge cancels a

2-10  fine because the fine has been determined to be uncollectible, any balance

2-11  of the fine and the administrative assessment remaining unpaid shall be

2-12  deemed to be uncollectible and the defendant is not required to pay it. If a

2-13  fine is determined to be uncollectible, the defendant is not entitled to a

2-14  refund of the fine or administrative assessment he has paid and the justice

2-15  or judge shall not recalculate the administrative assessment.

2-16    4.  If the justice or judge permits the fine and administrative assessment

2-17  to be paid in installments, the payments must be first applied to the unpaid

2-18  balance of the administrative assessment. The city treasurer shall distribute

2-19  partially collected administrative assessments in accordance with the

2-20  requirements of subsection 5. The county treasurer shall distribute partially

2-21  collected administrative assessments in accordance with the requirements

2-22  of subsection 6.

2-23    5.  The money collected for administrative assessments in municipal

2-24  court must be paid by the clerk of the court to the city treasurer on or

2-25  before the fifth day of each month for the preceding month. The city

2-26  treasurer shall distribute, on or before the 15th day of that month, the

2-27  money received in the following amounts for each assessment received:

2-28    (a) Two dollars to the county treasurer for credit to a special account in

2-29  the county general fund for the use of the county’s juvenile court or for

2-30  services to juvenile offenders. Any money remaining in the special account

2-31  after 2 fiscal years must be deposited in the county general fund if it has

2-32  not been committed for expenditure. The county treasurer shall provide,

2-33  upon request by a juvenile court, monthly reports of the revenue credited to

2-34  and expenditures made from the special account.

2-35    (b) Seven dollars for credit to a special revenue fund for the use of the

2-36  municipal courts. Any money remaining in the special revenue fund after 2

2-37  fiscal years must be deposited in the municipal general fund if it has not

2-38  been committed for expenditure. The city treasurer shall provide, upon

2-39  request by a municipal court, monthly reports of the revenue credited to

2-40  and expenditures made from the special revenue fund.

2-41    (c) The remainder of each assessment to the state treasurer for credit to

2-42  a special account in the state general fund.

2-43    6.  The money collected for administrative assessments in justices’

2-44  courts must be paid by the clerk of the court to the county treasurer on or

2-45  before the fifth day of each month for the preceding month. The county

2-46  treasurer shall distribute, on or before the 15th day of that month, the

2-47  money received in the following amounts for each assessment received:

2-48    (a) Two dollars for credit to a special account in the county general fund

2-49  for the use of the county’s juvenile court or for services to juvenile

3-1  offenders. Any money remaining in the special account after 2 fiscal years

3-2  must be deposited in the county general fund if it has not been committed

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

3-4  juvenile court, monthly reports of the revenue credited to and expenditures

3-5  made from the special account.

3-6    (b) Seven dollars for credit to a special revenue fund for the use of the

3-7  justices’ courts. Any money remaining in the special revenue fund after 2

3-8  fiscal years must be deposited in the county general fund if it has not been

3-9  committed for expenditure. The county treasurer shall provide, upon

3-10  request by a justice’s court, monthly reports of the revenue credited to and

3-11  expenditures made from the special revenue fund.

3-12    (c) The remainder of each assessment to the state treasurer for credit to

3-13  a special account in the state general fund.

3-14    7.  The money apportioned to a juvenile court, a justice’s court or a

3-15  municipal court pursuant to this section must be used, in addition to

3-16  providing services to juvenile offenders in the juvenile court, to improve

3-17  the operations of the court, or to acquire appropriate advanced technology

3-18  or the use of such technology, or both. Money used to improve the

3-19  operations of the court may include expenditures for:

3-20    (a) Training and education of personnel;

3-21    (b) Acquisition of capital goods;

3-22    (c) Management and operational studies; or

3-23    (d) Audits.

3-24    8.  Of the total amount deposited in the state general fund pursuant to

3-25  subsections 5 and 6, the state controller shall distribute the money received

3-26  [, to the extent of legislative authorization,] to the following public

3-27  agencies in the following manner:

3-28    (a) Not less than 51 percent [must be distributed] to the office of the

3-29  court administrator for allocation as follows:

3-30      (1) Eighteen and one-half percent of the amount distributed to the

3-31  office of the court administrator for the administration of the courts.

3-32      (2) Nine percent of the amount distributed to the office of the court

3-33  administrator for the development of a uniform system for judicial records.

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

3-35  administrator for continuing judicial education.

3-36      (4) Sixty percent of the amount distributed to the office of the court

3-37  administrator for the supreme court.

3-38      (5) Three and one-half percent of the amount distributed to the office

3-39  of the court administrator for the payment for the services of retired

3-40  justices and retired district judges.

3-41    (b) Not more than 49 percent must be used to the extent of legislative

3-42  authorization for the support of:

3-43      (1) The central repository for Nevada records of criminal history;

3-44      (2) The peace officers’ standards and training commission;

3-45      (3) The operation by the Nevada highway patrol of a computerized

3-46  switching system for information related to law enforcement; and

3-47      (4) The fund for the compensation of victims of crime.

3-48    9.  As used in this section, “juvenile court” means:

4-1    (a) In any judicial district that includes a county whose population is

4-2  100,000 or more, the family division of the district court; or

4-3    (b) In any other judicial district, the juvenile division of the district

4-4  court.

4-5    Sec. 2.  This act becomes effective upon passage and approval.

 

4-6  H