Senate Bill No. 366–Senator Townsend

 

March 16, 2001

____________

 

Joint Sponsor: Assemblywoman Leslie

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Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions governing establishment by district court of program for treatment of mentally ill offenders. (BDR 1‑1006)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to mental health; providing for the establishment by a district court of a program for the treatment of mentally ill offenders; authorizing justices’ courts and municipal courts to transfer original jurisdiction of certain cases to the district court for the purpose of assigning offenders to the program of treatment; enacting various provisions pertaining to the program of treatment; 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 4.370 is hereby amended to read as follows:

1-2    4.370  1.  Except as [limited by] otherwise provided in subsection 2,

1-3  justices’ courts have jurisdiction of the following civil actions and

1-4  proceedings and no others except as provided by specific statute:

1-5    (a) In actions arising on contract for the recovery of money only, if the

1-6  sum claimed, exclusive of interest, does not exceed $7,500.

1-7    (b) In actions for damages for injury to the person, or for taking,

1-8  detaining or injuring personal property, or for injury to real property where

1-9  no issue is raised by the verified answer of the defendant involving the title

1-10  to or boundaries of the real property, if the damage claimed does not

1-11  exceed $7,500.

1-12    (c) Except as otherwise provided in paragraph (l) in actions for a fine,

1-13  penalty or forfeiture not exceeding $7,500, given by statute or the

1-14  ordinance of a county, city or town, where no issue is raised by the answer

1-15  involving the legality of any tax, impost, assessment, toll or municipal fine.

1-16    (d) In actions upon bonds or undertakings conditioned for the payment

1-17  of money, if the sum claimed does not exceed $7,500, though the penalty

2-1  may exceed that sum. Bail bonds and other undertakings posted in criminal

2-2  matters may be forfeited regardless of amount.

2-3    (e) In actions to recover the possession of personal property, if the value

2-4  of the property does not exceed $7,500.

2-5    (f) To take and enter judgment on the confession of a defendant, when

2-6  the amount confessed, exclusive of interest, does not exceed $7,500.

2-7    (g) Of actions for the possession of lands and tenements where the

2-8  relation of landlord and tenant exists, when damages claimed do not exceed

2-9  $7,500 or when no damages are claimed.

2-10    (h) Of actions when the possession of lands and tenements has been

2-11  unlawfully or fraudulently obtained or withheld, when damages claimed do

2-12  not exceed $7,500 or when no damages are claimed.

2-13    (i) Of suits for the collection of taxes, where the amount of the tax sued

2-14  for does not exceed $7,500.

2-15    (j) Of actions for the enforcement of mechanics’ liens, where the

2-16  amount of the lien sought to be enforced, exclusive of interest, does not

2-17  exceed $7,500.

2-18    (k) Of actions for the enforcement of liens of owners of facilities for

2-19  storage, where the amount of the lien sought to be enforced, exclusive of

2-20  interest, does not exceed $7,500.

2-21    (l) In actions for a fine imposed for a violation of NRS 484.757.

2-22    (m) Except in a judicial district that includes a county whose population

2-23  is 100,000 or more, in any action for the issuance of a temporary or

2-24  extended order for protection against domestic violence.

2-25    (n) In small claims actions under the provisions of chapter 73 of NRS.

2-26    (o) In actions to contest the validity of liens on mobile homes or

2-27  manufactured homes.

2-28    (p) In any action pursuant to NRS 200.591 for the issuance of a

2-29  protective order against a person alleged to be committing the crime of

2-30  stalking, aggravated stalking or harassment.

2-31    2.  The jurisdiction conferred by this section does not extend to civil

2-32  actions, other than for forcible entry or detainer, in which the title of real

2-33  property or mining claims or questions affecting the boundaries of land are

2-34  involved.

2-35    3.  Justices’ courts have jurisdiction of all misdemeanors and no other

2-36  criminal offenses except as otherwise provided by specific statute. Upon

2-37  approval of the district court, a justice’s court may transfer original

2-38  jurisdiction of a misdemeanor to the district court for the purpose of

2-39  assigning an offender to a program established pursuant to section 5 of

2-40  this act.

2-41    4.  Except as otherwise provided in subsections 5 and 6, in criminal

2-42  cases the jurisdiction of justices of the peace extends to the limits of their

2-43  respective counties.

2-44    5.  In the case of any arrest made by a member of the Nevada highway

2-45  patrol, the jurisdiction of the justices of the peace extends to the limits of

2-46  their respective counties and to the limits of all counties which have

2-47  common boundaries with their respective counties.

3-1    6.  Each justice’s court has jurisdiction of any violation of a regulation

3-2  governing vehicular traffic on an airport within the township in which the

3-3  court is established.

3-4    Sec. 2.  NRS 5.050 is hereby amended to read as follows:

3-5    5.050  1.  Municipal courts have jurisdiction of civil actions or

3-6  proceedings:

3-7    (a) For the violation of any ordinance of their respective cities.

3-8    (b) To prevent or abate a nuisance within the limits of their respective

3-9  cities.

3-10    2.  The municipal courts have jurisdiction of all misdemeanors

3-11  committed in violation of the ordinances of their respective cities. Upon

3-12  approval of the district court, a municipal court may transfer original

3-13  jurisdiction of a misdemeanor to the district court for the purpose of

3-14  assigning an offender to a program established pursuant to section 5 of

3-15  this act.

3-16    3.  The municipal courts have jurisdiction of:

3-17    (a) Any action for the collection of taxes or assessments levied for city

3-18  purposes, when the principal sum thereof does not exceed $2,500.

3-19    (b) Actions to foreclose liens in the name of the city for the nonpayment

3-20  of those taxes or assessments when the principal sum claimed does not

3-21  exceed $2,500.

3-22    (c) Actions for the breach of any bond given by any officer or person to

3-23  or for the use or benefit of the city, and of any action for damages to which

3-24  the city is a party, and upon all forfeited recognizances given to or for the

3-25  use or benefit of the city, and upon all bonds given on appeals from the

3-26  municipal court in any of the cases named in this section, when the

3-27  principal sum claimed does not exceed $2,500.

3-28    (d) Actions for the recovery of personal property belonging to the city,

3-29  when the value thereof does not exceed $2,500.

3-30    (e) Actions by the city for the collection of any damages, debts or other

3-31  obligations when the amount claimed, exclusive of costs or attorney’s fees,

3-32  or both if allowed, does not exceed $2,500.

3-33    4.  Nothing contained in subsection 3 gives the municipal court

3-34  jurisdiction to determine any such cause when it appears from the

3-35  pleadings that the validity of any tax, assessment or levy, or title to real

3-36  property, is necessarily an issue in the cause, in which case the court shall

3-37  certify the cause to the district court in like manner and with the same

3-38  effect as provided by law for certification of causes by justices’ courts.

3-39    Sec. 3. Chapter 176A of NRS is hereby amended by adding thereto

3-40  the provisions set forth as sections 4 to 8, inclusive, of this act.

3-41    Sec. 4.  “Mental illness” means an organic disorder of the brain or a

3-42  clinically significant disorder of thought, mood, perception, orientation,

3-43  memory or behavior which is listed in the most recent edition of the

3-44  clinical manual of the International Classification of Diseases, ICD-9-

3-45  CM, code range 290 to 302.99, inclusive, or 306 to 316, inclusive, or the

3-46  corresponding code in the most recent edition of the American

3-47  Psychiatric Association’s Diagnostic and Statistical Manual of Mental

3-48  Disorders, DSM-MD, Axes I, II or III, and which seriously limits the

3-49  capacity of a person to function in the primary aspects of daily living,

4-1  including, without limitation, personal relations, living arrangements,

4-2  employment and recreation.

4-3    Sec. 5.  A court may establish an appropriate program for the

4-4  treatment of mental illness to which it may assign a defendant pursuant

4-5  to section 7 of this act. The assignment must include the terms and

4-6  conditions for successful completion of the program and provide for

4-7  progress reports at intervals set by the court to ensure that the defendant

4-8  is making satisfactory progress towards completion of the program.

4-9    Sec. 6.  1.  A justice’s court or a municipal court may, upon

4-10  approval of the district court, transfer original jurisdiction to the district

4-11  court of a case involving an eligible defendant.

4-12    2.  As used in this section, “eligible defendant” means a person who:

4-13    (a) Has not tendered a plea of guilty, guilty but mentally ill or nolo

4-14  contendere to, or been found guilty of, an offense that is a misdemeanor;

4-15    (b) Appears to suffer from mental illness; and

4-16    (c) Would benefit from assignment to a program established pursuant

4-17  to section 5 of this act.

4-18    Sec. 7.  1.  Except as otherwise provided in subsection 2, if a

4-19  defendant who suffers from mental illness tenders a plea of guilty, guilty

4-20  but mentally ill or nolo contendere to, or is found guilty of, any offense

4-21  for which the suspension of sentence or the granting of probation is not

4-22  prohibited by statute, the court may, without entering a judgment of

4-23  conviction and with the consent of the defendant, suspend further

4-24  proceedings and place the defendant on probation upon terms and

4-25  conditions that must include attendance and successful completion of a

4-26  program established pursuant to section 5 of this act.

4-27    2.  If the offense committed by the defendant involved the use or

4-28  threatened use of force or violence or if the defendant was previously

4-29  convicted in this state or in any other jurisdiction of a felony that

4-30  involved the use or threatened use of force or violence, the court may not

4-31  assign the defendant to the program unless the prosecuting attorney

4-32  stipulates to the assignment.

4-33    3.  Upon violation of a term or condition:

4-34    (a) The court may enter a judgment of conviction and proceed as

4-35  provided in the section pursuant to which the defendant was charged.

4-36    (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of

4-37  NRS 193.130, the court may order the defendant to the custody of the

4-38  department of prisons if the offense is punishable by imprisonment in the

4-39  state prison.

4-40    4.  Upon fulfillment of the terms and conditions, the court shall

4-41  discharge the defendant and dismiss the proceedings against him. Except

4-42  as otherwise provided in subsection 5, discharge and dismissal pursuant

4-43  to this section is without adjudication of guilt and is not a conviction for

4-44  purposes of this section or for purposes of employment, civil rights or any

4-45  statute or regulation or license or questionnaire or for any other public

4-46  or private purpose, but is a conviction for the purpose of additional

4-47  penalties imposed for second or subsequent convictions or the setting of

4-48  bail. Discharge and dismissal restores the defendant, in the

4-49  contemplation of the law, to the status occupied before the arrest,

5-1  indictment or information. The defendant may not be held thereafter

5-2  under any law to be guilty of perjury or otherwise giving a false

5-3  statement by reason of failure to recite or acknowledge that arrest,

5-4  indictment, information or trial in response to an inquiry made of him

5-5  for any purpose.

5-6    5.  A professional licensing board may consider a proceeding under

5-7  this section in determining suitability for a license or liability to

5-8  discipline for misconduct. Such a board is entitled for those purposes to a

5-9  truthful answer from the applicant or licensee concerning any such

5-10  proceeding with respect to him.

5-11    Sec. 8.  1.  Except as otherwise provided in subsection 3, 3 years

5-12  after a defendant is discharged from probation pursuant to section 7 of

5-13  this act, the court shall order sealed all documents, papers and exhibits

5-14  in the defendant’s record, minute book entries and entries on dockets,

5-15  and other documents relating to the case in the custody of such other

5-16  agencies and officers as are named in the court’s order if the defendant

5-17  fulfills the terms and conditions imposed by the court and the division.

5-18  The court shall order those records sealed without a hearing unless the

5-19  division petitions the court, for good cause shown, not to seal the records

5-20  and requests a hearing thereon.

5-21    2.  If the court orders sealed the record of a defendant discharged

5-22  pursuant to section 7 of this act, the court shall send a copy of the order

5-23  to each agency or officer named in the order. Each such agency or

5-24  officer shall notify the court in writing of its compliance with the order.

5-25    3.  A professional licensing board is entitled, for the purpose of

5-26  determining suitability for a license or liability to discipline for

5-27  misconduct, to inspect and to copy from a record sealed pursuant to this

5-28  section.

5-29    Sec. 9.  NRS 176A.010 is hereby amended to read as follows:

5-30    176A.010  As used in this chapter, unless the context otherwise

5-31  requires, the words and terms defined in NRS 176A.020 to 176A.080,

5-32  inclusive, and section 4 of this act, have the meanings ascribed to them in

5-33  those sections.

5-34    Sec. 10.  NRS 176A.500 is hereby amended to read as follows:

5-35    176A.500  1.  The period of probation or suspension of sentence may

5-36  be indeterminate or may be fixed by the court and may at any time be

5-37  extended or terminated by the court, but the period, including any

5-38  extensions thereof, must not be more than:

5-39    (a) Three years for a:

5-40      (1) Gross misdemeanor; or

5-41      (2) Suspension of sentence pursuant to NRS 453.3363[;] or section 7

5-42  of this act; or

5-43    (b) Five years for a felony.

5-44    2.  At any time during probation or suspension of sentence, the court

5-45  may issue a warrant for violating any of the conditions of probation or

5-46  suspension of sentence and cause the defendant to be arrested. Except for

5-47  the purpose of giving a dishonorable discharge from probation, and except

5-48  as otherwise provided in this subsection, the time during which a warrant

5-49  for violating any of the conditions of probation is in effect is not part of the

6-1  period of probation. If the warrant is canceled or probation is reinstated, the

6-2  court may include any amount of that time as part of the period of

6-3  probation.

6-4    3.  Any parole and probation officer or any peace officer with power to

6-5  arrest may arrest a probationer without a warrant, or may deputize any

6-6  other officer with power to arrest to do so by giving him a written

6-7  statement setting forth that the probationer has, in the judgment of the

6-8  parole and probation officer, violated the conditions of probation. Except

6-9  as otherwise provided in subsection 4, the parole and probation officer, or

6-10  the peace officer, after making an arrest shall present to the detaining

6-11  authorities, if any, a statement of the charges against the probationer. The

6-12  parole and probation officer shall at once notify the court which granted

6-13  probation of the arrest and detention or residential confinement of the

6-14  probationer and shall submit a report in writing showing in what manner

6-15  the probationer has violated the conditions of probation.

6-16    4.  A parole and probation officer or a peace officer may immediately

6-17  release from custody without any further proceedings any person he arrests

6-18  without a warrant for violating a condition of probation if the parole and

6-19  probation officer or peace officer determines that there is no probable

6-20  cause to believe that the person violated the condition of probation.

6-21    Sec. 11.  NRS 179.245 is hereby amended to read as follows:

6-22    179.245  1.  Except as otherwise provided in subsection 5 and NRS

6-23  453.3365, and section 8 of this act, a person who has been convicted of:

6-24    (a) Any felony may, after 15 years from the date of his conviction or, if

6-25  he is imprisoned, from the date of his release from actual custody;

6-26    (b) Any gross misdemeanor may, after 10 years from the date of his

6-27  conviction or release from custody;

6-28    (c) A violation of NRS 484.379 other than a felony, or a battery which

6-29  constitutes domestic violence pursuant to NRS 33.018 other than a felony

6-30  may, after 7 years from the date of his conviction or release from custody;

6-31  or

6-32    (d) Any other misdemeanor may, after 5 years from the date of his

6-33  conviction or release from custody,

6-34  petition the court in which the conviction was obtained for the sealing of

6-35  all records relating to the conviction.

6-36    2.  A petition filed pursuant to subsection 1 must be accompanied by

6-37  current, verified records of the petitioner’s criminal history received from:

6-38    (a) The central repository for Nevada records of criminal history; and

6-39    (b) The local law enforcement agency of the city or county in which the

6-40  conviction was entered.

6-41    3.  Upon receiving a petition pursuant to this section, the court shall

6-42  notify:

6-43    (a) The prosecuting attorney for the county; or

6-44    (b) If the person was convicted in a municipal court, the prosecuting

6-45  attorney for the city.

6-46  The prosecuting attorney and any person having relevant evidence may

6-47  testify and present evidence at the hearing on the petition.

 

7-1    4.  If, after the hearing, the court finds that, in the period prescribed in

7-2  subsection 1, the petitioner has not been arrested, except for minor moving

7-3  or standing traffic violations, the court may order sealed all records of the

7-4  conviction which are in the custody of the court, of another court in the

7-5  State of Nevada or of a public or private agency, company or official in the

7-6  State of Nevada, and may also order all such criminal identification records

7-7  of the petitioner returned to the file of the court where the proceeding was

7-8  commenced from, including, but not limited to, the Federal Bureau of

7-9  Investigation, the California bureau of identification and [investigation

7-10  bureau,] information, sheriffs’ offices and all other law enforcement

7-11  agencies reasonably known by either the petitioner or the court to have

7-12  possession of such records.

7-13    5.  A person may not petition the court to seal records relating to a

7-14  conviction of a crime against a child or a sexual offense.

7-15    6.  As used in this section:

7-16    (a) “Crime against a child” has the meaning ascribed to it in NRS

7-17  179D.210.

7-18    (b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.

7-19    Sec. 12.  NRS 179.275 is hereby amended to read as follows:

7-20    179.275  Where the court orders the sealing of a record pursuant to

7-21  NRS 179.245, 179.255 or 453.3365, or section 8 of this act, a copy of the

7-22  order must be sent to:

7-23    1.  The central repository for Nevada records of criminal history; and

7-24    2.  Each public or private company, agency or official named in the

7-25  order, and that person shall seal the records in his custody which relate to

7-26  the matters contained in the order, shall advise the court of his compliance,

7-27  and shall then seal the order.

7-28    Sec. 13.  NRS 179.285 is hereby amended to read as follows:

7-29    179.285  Except as otherwise provided in NRS 179.301, if the court

7-30  orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or

7-31  section 8 of this act, all proceedings recounted in the record are deemed

7-32  never to have occurred, and the person to whom it pertains may properly

7-33  answer accordingly to any inquiry concerning the arrest, conviction or

7-34  acquittal and the events and proceedings relating to the arrest, conviction or

7-35  acquittal.

7-36    Sec. 14.  NRS 179.295 is hereby amended to read as follows:

7-37    179.295  1.  The person who is the subject of the records that are

7-38  sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 8 of this

7-39  act may petition the court that ordered the records sealed to permit

7-40  inspection of the records by a person named in the petition, and the court

7-41  may order such inspection. Except as otherwise provided in this section

7-42  and NRS 179.301, the court may not order the inspection of the records

7-43  under any other circumstances.

7-44    2.  If a person has been arrested, the charges have been dismissed and

7-45  the records of the arrest have been sealed, the court may order the

7-46  inspection of the records by a prosecuting attorney upon a showing that as

7-47  a result of newly discovered evidence, the person has been arrested for the

7-48  same or similar offense and that there is sufficient evidence reasonably to

7-49  conclude that he will stand trial for the offense.

8-1    3.  The court may, upon the application of a prosecuting attorney or an

8-2  attorney representing a defendant in a criminal action, order an inspection

8-3  of such records for the purpose of obtaining information relating to persons

8-4  who were involved in the incident recorded.

8-5    Sec. 15.  The amendatory provisions of this act do not apply to

8-6  offenses committed before October 1, 2001.

 

8-7  H