Senate Bill No. 139–Committee on Finance
CHAPTER..........
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 1,000105
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;
(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. Chapter 2 of NRS is hereby amended by adding thereto a new
section to read as follows:
1. Any amount appropriated by the legislature from the state general
fund for the support or operation of the supreme court during a fiscal
year must be reduced to the extent that the amount of any administrative
assessments distributed to the office of the court administrator for
allocation to the supreme court pursuant to NRS 176.059 exceeds the
amount which is authorized by the legislature for expenditure from
those assessments for that fiscal year.
2. The supreme court shall reserve for reversion each fiscal year the
amount by which an appropriation from the state general fund must be
reduced pursuant to subsection 1, and that amount reverts to the state
general fund upon the close of that fiscal year by the state controller.
Sec. 3. 1. This section and section 2 of this act become effective on
July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1,
2001.
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