Assembly Bill No. 29–Committee on Judiciary

 

Prefiled January 29, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning administrative assessments and forfeiture of bail. (BDR 14‑130)

 

FISCAL NOTE:    Effect on Local Government: No.

                             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 criminal procedure; providing for an additional administrative assessment to be collected in cases involving a misdemeanor to pay for certain specialty court programs established by courts; increasing the amount of certain administrative assessments; providing procedures for forfeiture of any undertaking or money deposited instead of bail bond; requiring the Court Administrator to submit a report concerning certain specialty court programs; 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. Chapter 176 of NRS is hereby amended to read as

1-2  follows:

1-3  1.  The justices or judges of the justices’ or municipal courts

1-4  shall impose, in addition to an administrative assessment imposed

1-5  pursuant to NRS 176.059 and 176.0611, an administrative

1-6  assessment for the provision of specialty court programs.

1-7  2.  Except as otherwise provided in subsection 3, when a

1-8  defendant pleads guilty or is found guilty of a misdemeanor,

1-9  including the violation of any municipal ordinance, the justice or

1-10  judge shall include in the sentence the sum of $5 as an

1-11  administrative assessment for the provision of specialty court

1-12  programs and render a judgment against the defendant for the

2-1  assessment. If a defendant is sentenced to perform community

2-2  service in lieu of a fine, the sentence must include the

2-3  administrative assessment required pursuant to this subsection.

2-4  3.  The provisions of subsection 2 do not apply to:

2-5  (a) An ordinance regulating metered parking; or

2-6  (b) An ordinance which is specifically designated as imposing

2-7  a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

2-8  4.  The money collected for an administrative assessment for

2-9  the provision of specialty court programs must not be deducted

2-10  from the fine imposed by the justice or judge but must be taxed

2-11  against the defendant in addition to the fine. The money collected

2-12  for such an administrative assessment must be stated separately on

2-13  the court’s docket and must be included in the amount posted for

2-14  bail. If bail is forfeited, the administrative assessment included in

2-15  the bail pursuant to this subsection must be disbursed pursuant to

2-16  subsection 6 or 7. If the defendant is found not guilty or the

2-17  charges are dismissed, the money deposited with the court must be

2-18  returned to the defendant. If the justice or judge cancels a fine

2-19  because the fine has been determined to be uncollectible, any

2-20  balance of the fine and the administrative assessment remaining

2-21  unpaid shall be deemed to be uncollectible and the defendant is

2-22  not required to pay it. If a fine is determined to be uncollectible,

2-23  the defendant is not entitled to a refund of the fine or

2-24  administrative assessment he has paid and the justice or judge

2-25  shall not recalculate the administrative assessment.

2-26      5.  If the justice or judge permits the fine and administrative

2-27  assessment for the provision of specialty court programs to be paid

2-28  in installments, the payments must be applied in the following

2-29  order:

2-30      (a) To pay the unpaid balance of an administrative assessment

2-31  imposed pursuant to NRS 176.059;

2-32      (b) To pay the unpaid balance of an administrative assessment

2-33  for the provision of court facilities pursuant to NRS 176.0611;

2-34      (c) To pay the unpaid balance of an administrative assessment

2-35  for the provision of specialty court programs; and

2-36      (d) To pay the fine.

2-37      6.  The money collected for an administrative assessment for

2-38  the provision of specialty court programs in municipal court must

2-39  be paid by the clerk of the court to the city treasurer on or before

2-40  the fifth day of each month for the preceding month. On or before

2-41  the 15th day of that month, the city treasurer shall deposit the

2-42  money received for each administrative assessment with the State

2-43  Controller for credit to a special account in the State General

2-44  Fund administered by the Office of Court Administrator.

3-1  7.  The money collected for an administrative assessment for

3-2  the provision of specialty court programs in justices’ courts must

3-3  be paid by the clerk of the court to the county treasurer on or

3-4  before the fifth day of each month for the preceding month. On or

3-5  before the 15th day of that month, the county treasurer shall

3-6  deposit the money received for each administrative assessment

3-7  with the State Controller for credit to a special account in the State

3-8  General Fund administered by the Office of Court Administrator.

3-9  8.  The Office of Court Administrator shall allocate the money

3-10  credited to the State General Fund pursuant to subsections 6 and

3-11  7 to courts to assist with the funding or establishment of specialty

3-12  court programs.

3-13      9.  Money that is apportioned to a court from administrative

3-14  assessments for the provision of specialty court programs must be

3-15  used by the court to:

3-16      (a) Pay for the treatment and testing of persons who

3-17  participate in the program; and

3-18      (b) Improve the operations of the specialty court program by

3-19  any combination of:

3-20          (1) Acquiring necessary capital goods;

3-21          (2) Providing for personnel to staff and oversee the

3-22  specialty court program;

3-23          (3) Providing training and education to personnel;

3-24          (4) Studying the management and operation of the

3-25  program;

3-26          (5) Conducting audits of the program;

3-27          (6) Supplementing the funds used to pay for judges to

3-28  oversee a specialty court program; or

3-29          (7) Acquiring or using appropriate technology.

3-30      10.  As used in this section:

3-31      (a) “Office of Court Administrator” means the Office of Court

3-32  Administrator created pursuant to NRS 1.320; and

3-33      (b) “Specialty court program” means a program established by

3-34  a court to facilitate testing treatment and oversight of certain

3-35  persons over whom the court has jurisdiction and who the court

3-36  has determined suffers from a mental illness or abuses alcohol or

3-37  drugs. Such a program includes, without limitation, a program

3-38  established pursuant to NRS 176A.250 or 453.580.

3-39      Sec. 2.  NRS 176.059 is hereby amended to read as follows:

3-40      176.059 1.  Except as otherwise provided in subsection 2,

3-41  when a defendant pleads guilty or guilty but mentally ill or is found

3-42  guilty of a misdemeanor, including the violation of any municipal

3-43  ordinance, the justice or judge shall include in the sentence the sum

3-44  prescribed by the following schedule as an administrative

4-1  assessment and render a judgment against the defendant for the

4-2  assessment:

 

4-3           Fine                                          Assessment

4-4  $5 to $49................................ [$15] $25

4-5  50 to 59...................................... [30] 40

4-6  60 to 69...................................... [35] 45

4-7  70 to 79...................................... [40] 50

4-8  80 to 89...................................... [45] 55

4-9  90 to 99...................................... [50] 60

4-10  100 to 199................................. [60] 70

4-11  200 to 299................................. [70] 80

4-12  300 to 399................................. [80] 90

4-13  400 to 499............................... [90] 100

4-14  500 to 1,000.......................... [105] 115

4-15  If the justice or judge sentences the defendant to perform

4-16  community service in lieu of a fine, the justice or judge shall

4-17  include in the sentence the amount of the administrative

4-18  assessment that corresponds with the fine for which the defendant

4-19  would have been responsible as prescribed by the schedule in this

4-20  subsection.

4-21      2.  The provisions of subsection 1 do not apply to:

4-22      (a) An ordinance regulating metered parking; or

4-23      (b) An ordinance which is specifically designated as imposing a

4-24  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4-25      3.  The money collected for an administrative assessment must

4-26  not be deducted from the fine imposed by the justice or judge but

4-27  must be taxed against the defendant in addition to the fine. The

4-28  money collected for an administrative assessment must be stated

4-29  separately on the court’s docket and must be included in the amount

4-30  posted for bail. If bail is forfeited, the administrative assessment

4-31  included in the amount posted for bail pursuant to this subsection

4-32  must be disbursed in the manner set forth in subsection 5 or 6. If

4-33  the defendant is found not guilty or the charges are dismissed, the

4-34  money deposited with the court must be returned to the defendant. If

4-35  the justice or judge cancels a fine because the fine has been

4-36  determined to be uncollectible, any balance of the fine and the

4-37  administrative assessment remaining unpaid shall be deemed to be

4-38  uncollectible and the defendant is not required to pay it. If a fine is

4-39  determined to be uncollectible, the defendant is not entitled to a

4-40  refund of the fine or administrative assessment he has paid and the

4-41  justice or judge shall not recalculate the administrative assessment.

4-42      4.  If the justice or judge permits the fine and administrative

4-43  assessment to be paid in installments, the payments must be first

4-44  applied to the unpaid balance of the administrative assessment. The

5-1  city treasurer shall distribute partially collected administrative

5-2  assessments in accordance with the requirements of subsection 5.

5-3  The county treasurer shall distribute partially collected

5-4  administrative assessments in accordance with the requirements of

5-5  subsection 6.

5-6  5.  The money collected for administrative assessments in

5-7  municipal court must be paid by the clerk of the court to the city

5-8  treasurer on or before the fifth day of each month for the preceding

5-9  month. The city treasurer shall distribute, on or before the 15th day

5-10  of that month, the money received in the following amounts for each

5-11  assessment received:

5-12      (a) Two dollars to the county treasurer for credit to a special

5-13  account in the county general fund for the use of the county’s

5-14  juvenile court or for services to juvenile offenders. Any money

5-15  remaining in the special account after 2 fiscal years must be

5-16  deposited in the county general fund if it has not been committed for

5-17  expenditure. The county treasurer shall provide, upon request by a

5-18  juvenile court, monthly reports of the revenue credited to and

5-19  expenditures made from the special account.

5-20      (b) Seven dollars for credit to a special revenue fund for the use

5-21  of the municipal courts. Any money remaining in the special

5-22  revenue fund after 2 fiscal years must be deposited in the municipal

5-23  general fund if it has not been committed for expenditure. The city

5-24  treasurer shall provide, upon request by a municipal court, monthly

5-25  reports of the revenue credited to and expenditures made from the

5-26  special revenue fund.

5-27      (c) The remainder of each assessment to the State Controller for

5-28  credit to a special account in the State General Fund.

5-29      6.  The money collected for administrative assessments in

5-30  justices’ courts must be paid by the clerk of the court to the county

5-31  treasurer on or before the fifth day of each month for the preceding

5-32  month. The county treasurer shall distribute, on or before the 15th

5-33  day of that month, the money received in the following amounts for

5-34  each assessment received:

5-35      (a) Two dollars for credit to a special account in the county

5-36  general fund for the use of the county’s juvenile court or for services

5-37  to juvenile offenders. Any money remaining in the special account

5-38  after 2 fiscal years must be deposited in the county general fund if it

5-39  has not been committed for expenditure. The county treasurer shall

5-40  provide, upon request by a juvenile court, monthly reports of the

5-41  revenue credited to and expenditures made from the special account.

5-42      (b) Seven dollars for credit to a special revenue fund for the use

5-43  of the justices’ courts. Any money remaining in the special revenue

5-44  fund after 2 fiscal years must be deposited in the county general

5-45  fund if it has not been committed for expenditure. The county

6-1  treasurer shall provide, upon request by a justice’s court, monthly

6-2  reports of the revenue credited to and expenditures made from the

6-3  special revenue fund.

6-4  (c) The remainder of each assessment to the State Controller for

6-5  credit to a special account in the State General Fund.

6-6  7.  The money apportioned to a juvenile court, a justice’s court

6-7  or a municipal court pursuant to this section must be used, in

6-8  addition to providing services to juvenile offenders in the juvenile

6-9  court, to improve the operations of the court, or to acquire

6-10  appropriate advanced technology or the use of such technology, or

6-11  both. Money used to improve the operations of the court may

6-12  include expenditures for:

6-13      (a) Training and education of personnel;

6-14      (b) Acquisition of capital goods;

6-15      (c) Management and operational studies; or

6-16      (d) Audits.

6-17      8.  Of the total amount deposited in the State General Fund

6-18  pursuant to subsections 5 and 6, the State Controller shall distribute

6-19  the money received to the following public agencies in the

6-20  following manner:

6-21      (a) Not less than 51 percent to the Office of [the] Court

6-22  Administrator for allocation as follows:

6-23          (1) Eighteen and one‑half percent of the amount distributed

6-24  to the Office of [the] Court Administrator for the administration of

6-25  the courts.

6-26          (2) Nine percent of the amount distributed to the Office of

6-27  [the] Court Administrator for the development of a uniform system

6-28  for judicial records.

6-29          (3) Nine percent of the amount distributed to the Office of

6-30  [the] Court Administrator for continuing judicial education.

6-31          (4) Sixty percent of the amount distributed to the Office of

6-32  [the] Court Administrator for the Supreme Court.

6-33          (5) Three and one-half percent of the amount distributed to

6-34  the Office of [the] Court Administrator for the payment for the

6-35  services of retired justices and retired district judges.

6-36      (b) Not more than 49 percent must be used to the extent of

6-37  legislative authorization for the support of:

6-38          (1) The Central Repository for Nevada Records of Criminal

6-39  History;

6-40          (2) The Peace Officers’ Standards and Training Commission;

6-41          (3) The operation by the Nevada Highway Patrol of a

6-42  computerized switching system for information related to law

6-43  enforcement;

6-44          (4) The Fund for the Compensation of Victims of Crime; and

6-45          (5) The Advisory Council for Prosecuting Attorneys.

7-1  9.  As used in this section [, “juvenile] :

7-2  (a) “Juvenile court” means:

7-3  [(a)] (1) In any judicial district that includes a county whose

7-4  population is 100,000 or more, the family division of the district

7-5  court; or

7-6  [(b)] (2) In any other judicial district, the juvenile division of

7-7  the district court.

7-8  (b) “Office of Court Administrator” means the Office of Court

7-9  Administrator created pursuant to NRS 1.320.

7-10      Sec. 3.  NRS 176.0611 is hereby amended to read as follows:

7-11      176.0611  1.  A county or a city, upon recommendation of the

7-12  appropriate court, may, by ordinance, authorize the justices or

7-13  judges of the justices’ or municipal courts within its jurisdiction to

7-14  impose for not longer than 25 years, in addition to [an

7-15  administrative assessment] the administrative assessments imposed

7-16  pursuant to NRS 176.059[,] and section 1 of this act, an

7-17  administrative assessment for the provision of court facilities.

7-18      2.  Except as otherwise provided in subsection 3, in any

7-19  jurisdiction in which an administrative assessment for the provision

7-20  of court facilities has been authorized, when a defendant pleads

7-21  guilty or guilty but mentally ill or is found guilty of a misdemeanor,

7-22  including the violation of any municipal ordinance, the justice or

7-23  judge shall include in the sentence the sum of $10 as an

7-24  administrative assessment for the provision of court facilities and

7-25  render a judgment against the defendant for the assessment. If the

7-26  justice or judge sentences the defendant to perform community

7-27  service in lieu of a fine, the justice or judge shall include in the

7-28  sentence the administrative assessment required pursuant to this

7-29  subsection.

7-30      3.  The provisions of subsection 2 do not apply to:

7-31      (a) An ordinance regulating metered parking; or

7-32      (b) An ordinance that is specifically designated as imposing a

7-33  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

7-34      4.  The money collected for an administrative assessment for

7-35  the provision of court facilities must not be deducted from the fine

7-36  imposed by the justice or judge but must be taxed against the

7-37  defendant in addition to the fine. The money collected for such an

7-38  administrative assessment must be stated separately on the court’s

7-39  docket and must be included in the amount posted for bail. If bail is

7-40  forfeited, the administrative assessment included in the amount

7-41  posted for bail pursuant to this subsection must be disbursed in the

7-42  manner set forth in subsection 6 or 7. If the defendant is found not

7-43  guilty or the charges are dismissed, the money deposited with the

7-44  court must be returned to the defendant. If the justice or judge

7-45  cancels a fine because the fine has been determined to be

8-1  uncollectible, any balance of the fine and the administrative

8-2  assessment remaining unpaid shall be deemed to be uncollectible

8-3  and the defendant is not required to pay it. If a fine is determined to

8-4  be uncollectible, the defendant is not entitled to a refund of the fine

8-5  or administrative assessment he has paid and the justice or judge

8-6  shall not recalculate the administrative assessment.

8-7  5.  If the justice or judge permits the fine and administrative

8-8  assessment for the provision of court facilities to be paid in

8-9  installments, the payments must be applied in the following order:

8-10      (a) To pay the unpaid balance of an administrative assessment

8-11  imposed pursuant to NRS 176.059;

8-12      (b) To pay the unpaid balance of an administrative assessment

8-13  for the provision of court facilities pursuant to this section; [and]

8-14      (c) To pay the unpaid balance of an administrative assessment

8-15  for the provision of specialty court programs pursuant to section 1

8-16  of this act; and

8-17      (d) To pay the fine.

8-18      6.  The money collected for administrative assessments for the

8-19  provision of court facilities in municipal courts must be paid by the

8-20  clerk of the court to the city treasurer on or before the fifth day of

8-21  each month for the preceding month. The city treasurer shall deposit

8-22  the money received in a special revenue fund. The city may use the

8-23  money in the special revenue fund only to:

8-24      (a) Acquire land on which to construct additional facilities for

8-25  the municipal courts or a regional justice center that includes the

8-26  municipal courts.

8-27      (b) Construct or acquire additional facilities for the municipal

8-28  courts or a regional justice center that includes the municipal courts.

8-29      (c) Renovate or remodel existing facilities for the municipal

8-30  courts.

8-31      (d) Acquire furniture, fixtures and equipment necessitated by the

8-32  construction or acquisition of additional facilities or the renovation

8-33  of an existing facility for the municipal courts or a regional justice

8-34  center that includes the municipal courts. This paragraph does not

8-35  authorize the expenditure of money from the fund for furniture,

8-36  fixtures or equipment for judicial chambers.

8-37      (e) Acquire advanced technology for use in the additional or

8-38  renovated facilities.

8-39      (f) Pay debt service on any bonds issued pursuant to subsection

8-40  3 of NRS 350.020 for the acquisition of land or facilities or the

8-41  construction or renovation of facilities for the municipal courts or a

8-42  regional justice center that includes the municipal courts.

8-43  Any money remaining in the special revenue fund after 5 fiscal

8-44  years must be deposited in the municipal general fund for the

8-45  continued maintenance of court facilities if it has not been

9-1  committed for expenditure pursuant to a plan for the construction or

9-2  acquisition of court facilities or improvements to court facilities.

9-3  The city treasurer shall provide, upon request by a municipal court,

9-4  monthly reports of the revenue credited to and expenditures made

9-5  from the special revenue fund.

9-6  7.  The money collected for administrative assessments for the

9-7  provision of court facilities in justices’ courts must be paid by the

9-8  clerk of the court to the county treasurer on or before the fifth day of

9-9  each month for the preceding month. The county treasurer shall

9-10  deposit the money received to a special revenue fund. The county

9-11  may use the money in the special revenue fund only to:

9-12      (a) Acquire land on which to construct additional facilities for

9-13  the justices’ courts or a regional justice center that includes the

9-14  justices’ courts.

9-15      (b) Construct or acquire additional facilities for the justices’

9-16  courts or a regional justice center that includes the justices’ courts.

9-17      (c) Renovate or remodel existing facilities for the justices’

9-18  courts.

9-19      (d) Acquire furniture, fixtures and equipment necessitated by the

9-20  construction or acquisition of additional facilities or the renovation

9-21  of an existing facility for the justices’ courts or a regional justice

9-22  center that includes the justices’ courts. This paragraph does not

9-23  authorize the expenditure of money from the fund for furniture,

9-24  fixtures or equipment for judicial chambers.

9-25      (e) Acquire advanced technology for use in the additional or

9-26  renovated facilities.

9-27      (f) Pay debt service on any bonds issued pursuant to subsection

9-28  3 of NRS 350.020 for the acquisition of land or facilities or the

9-29  construction or renovation of facilities for the justices’ courts or a

9-30  regional justice center that includes the justices’ courts.

9-31  Any money remaining in the special revenue fund after 5 fiscal

9-32  years must be deposited in the county general fund for the continued

9-33  maintenance of court facilities if it has not been committed for

9-34  expenditure pursuant to a plan for the construction or acquisition of

9-35  court facilities or improvements to court facilities. The county

9-36  treasurer shall provide, upon request by a justice’s court, monthly

9-37  reports of the revenue credited to and expenditures made from the

9-38  special revenue fund.

9-39      8.  If money collected pursuant to this section is to be used to

9-40  acquire land on which to construct a regional justice center, to

9-41  construct a regional justice center or to pay debt service on bonds

9-42  issued for these purposes, the county and the participating cities

9-43  shall, by interlocal agreement, determine such issues as the size of

9-44  the regional justice center, the manner in which the center will be

9-45  used and the apportionment of fiscal responsibility for the center.

10-1      Sec. 4.  NRS 178.502 is hereby amended to read as follows:

10-2      178.502 1.  A person required or permitted to give bail shall

10-3  execute a bond for his appearance. The magistrate or court or judge

10-4  or justice, having regard to the considerations set forth in NRS

10-5  178.498, may require one or more sureties or may authorize the

10-6  acceptance of cash or bonds or notes of the United States in an

10-7  amount equal to or less than the face amount of the bond.

10-8      2.  Any bond or undertaking for bail must provide that the bond

10-9  or undertaking [extends, for a period of at least 1 year unless bail is

10-10  exonerated earlier pursuant to the provisions of subsection 4,] :

10-11     (a) Extends to any action or proceeding in a justice’s court,

10-12  municipal court or district court:

10-13     [(a)] (1) Arising from the charge on which bail was first given

10-14  in any of these courts; and

10-15     [(b)] (2) Arising from a later charge, filed before the expiration

10-16  of the periods provided in subsection 4, which is substantially

10-17  similar to the charge upon which bail was first given and is based

10-18  upon the same act or omission as that charge [.] ; and

10-19     (b) Remains in effect until exonerated by the court.

10-20  This subsection does not require that any bond or undertaking

10-21  extend to proceedings on appeal.

10-22     3.  If an action or proceeding against a defendant who has been

10-23  admitted to bail is transferred to another trial court, the bond or

10-24  undertaking must be transferred to the clerk of the court to which

10-25  the action or proceeding has been transferred.

10-26     4.  If the action or proceeding against a defendant who has been

10-27  admitted to bail is dismissed, the bail must not be exonerated until a

10-28  period of 30 days has elapsed from the entry of the order of

10-29  dismissal unless the defendant requests that bail be exonerated

10-30  before the expiration of the 30-day period. If no formal action or

10-31  proceeding is instituted against a defendant who has been admitted

10-32  to bail, the bail must not be exonerated until a period of 30 days has

10-33  elapsed from the day the bond or undertaking is posted unless the

10-34  defendant requests that bail be exonerated before the expiration of

10-35  the 30-day period.

10-36     5.  If, within the periods provided in subsection 4, the defendant

10-37  is charged with a public offense arising out of the same act or

10-38  omission supporting the charge upon which bail was first given, the

10-39  prosecuting attorney shall forthwith notify the clerk of the court

10-40  where the bond was posted, the bail must be applied to the public

10-41  offense later charged, and the bond or undertaking must be

10-42  transferred to the clerk of the appropriate court. Within 10 days after

10-43  its receipt, the clerk of the court to whom the bail is transferred shall

10-44  mail notice of the transfer to the surety on the bond and the bail

10-45  agent who executed the bond.

11-1      6.  Bail given originally on appeal must be deposited with the

11-2  magistrate or the clerk of the court from which the appeal is taken.

11-3      Sec. 5.  NRS 178.508 is hereby amended to read as follows:

11-4      178.508  1.  If the defendant fails to appear when his presence

11-5  in court is lawfully required for the commission of a misdemeanor

11-6  and the failure to appear is not excused or is lawfully required for

11-7  the commission of a gross misdemeanor or felony, the court shall:

11-8      (a) Enter upon its minutes that the defendant failed to appear;

11-9      (b) Not later than 45 days after the date on which the defendant

11-10  failed to appear, order the issuance of a warrant for the arrest of the

11-11  defendant; and

11-12     (c) If the undertaking exceeds $50 or money deposited instead

11-13  of bail bond exceeds $500, direct that each surety and the local

11-14  agent of each surety, or the depositor if he is not the defendant, be

11-15  given notice that the defendant has failed to appear, by certified mail

11-16  within 20 days after the date on which the defendant failed to

11-17  appear. The court shall execute an affidavit of such mailing to be

11-18  kept as an official public record of the court and shall direct that a

11-19  copy of the notice be transmitted to the prosecuting attorney at the

11-20  same time that notice is given to each surety or the depositor.

11-21     2.  Except as otherwise provided in subsection 3 and NRS

11-22  178.509, [the] an order of forfeiture of any undertaking or money

11-23  deposited instead of bail bond must be prepared by the clerk of

11-24  court and signed by the court. An order of forfeiture must include

11-25  the date on which the forfeiture becomes effective. If the

11-26  defendant who failed to appear has been charged with the

11-27  commission of a gross misdemeanor or felony, a copy of the order

11-28  must be forwarded to the Office of Court Administrator. The

11-29  undertaking or money deposited instead of bail bond is forfeited

11-30  180 days after the date on which the notice is mailed pursuant to

11-31  subsection 1.

11-32     3.  The court may extend the date of the forfeiture for any

11-33  reasonable period set by the court if the surety or depositor submits

11-34  to the court:

11-35     (a) An application for an extension and the court determines that

11-36  the surety or the depositor is making reasonable and ongoing efforts

11-37  to bring the defendant before the court.

11-38     (b) An application for an extension on the ground that the

11-39  defendant is temporarily prevented from appearing before the court

11-40  because the defendant:

11-41         (1) Is ill;

11-42         (2) Is insane; or

11-43         (3) Is being detained by civil or military authorities,

11-44  and the court, upon hearing the matter, determines that one or more

11-45  of the grounds described in this paragraph exist and that the surety

12-1  or depositor did not in any way cause or aid the absence of the

12-2  defendant.

12-3      Sec. 6.  NRS 178.512 is hereby amended to read as follows:

12-4      178.512  1.  The court shall not set aside a forfeiture unless:

12-5      [1.] (a) The surety submits an application to set it aside on the

12-6  ground that the defendant:

12-7      [(a)] (1) Has appeared before the court since the date of the

12-8  forfeiture and has presented a satisfactory excuse for his absence;

12-9      [(b)] (2) Was dead before the date of the forfeiture but the

12-10  surety did not know and could not reasonably have known of his

12-11  death before that date;

12-12     [(c)] (3) Was unable to appear before the court before the date

12-13  of the forfeiture because of his illness or his insanity, but the surety

12-14  did not know and could not reasonably have known of his illness or

12-15  insanity before that date;

12-16     [(d)] (4) Was unable to appear before the court before the date

12-17  of the forfeiture because he was being detained by civil or military

12-18  authorities, but the surety did not know and could not reasonably

12-19  have known of his detention before that date; or

12-20     [(e)] (5) Was unable to appear before the court before the date

12-21  of the forfeiture because he was deported, but the surety did not

12-22  know and could not reasonably have known of his deportation

12-23  before that date,

12-24  and the court, upon hearing the matter, determines that one or more

12-25  of the grounds described in this subsection exist and that the surety

12-26  did not in any way cause or aid the absence of the defendant; and

12-27     [2.] (b) The court determines that justice does not require the

12-28  enforcement of the forfeiture.

12-29     2.  If the court sets aside a forfeiture pursuant to subsection 1

12-30  and the forfeiture includes any undertaking or money deposited

12-31  instead of bail bond where the defendant has been charged with a

12-32  gross misdemeanor or felony, the court shall make a written

12-33  finding in support of setting aside the forfeiture. The court shall

12-34  mail a copy of the order setting aside the forfeiture to the Office of

12-35  Court Administrator immediately upon entry of the order.

12-36     Sec. 7.  NRS 178.514 is hereby amended to read as follows:

12-37     178.514  1.  When a forfeiture has not been set aside, the court

12-38  shall on motion enter a judgment of default and execution may issue

12-39  thereon.

12-40     2.  If the Office of Court Administrator has not received an

12-41  order setting aside a forfeiture within 180 days after the issuance

12-42  of the order of forfeiture, the Court Administrator shall request

12-43  that the court that ordered the forfeiture institute proceedings to

12-44  enter a judgment of default with respect to the amount of the

12-45  undertaking or money deposited instead of bail bond with the

13-1  court. Not later than 30 days after receipt of the request from the

13-2  Office of Court Administrator, the court shall enter judgment by

13-3  default and commence execution proceedings therein.

13-4      3.  By entering into a bond the obligors submit to the

13-5  jurisdiction of the court and irrevocably appoint the clerk of the

13-6  court as their agent upon whom any papers affecting their liability

13-7  may be served. Their liability may be enforced on motion and such

13-8  notice of the motion as the court prescribes may be served on the

13-9  clerk of the court, who shall forthwith mail copies to the obligors to

13-10  their last known addresses.

13-11     Sec. 8.  NRS 178.518 is hereby amended to read as follows:

13-12     178.518 Money collected pursuant to NRS 178.506 to 178.516,

13-13  inclusive, which was collected:

13-14     1.  From a person who was charged with a misdemeanor must

13-15  be paid over to the county treasurer.

13-16     2.  From a person who was charged with a gross misdemeanor

13-17  or a felony must be paid over to the State Controller for deposit in

13-18  the [Fund for the Compensation of Victims of Crime.] State

13-19  General Fund for distribution in the following manner:

13-20     (a) Ninety percent for credit to the Fund for the Compensation

13-21  of Victims of Crime; and

13-22     (b) Ten percent for credit to the special account established

13-23  pursuant to section 1 of this act to assist with funding and

13-24  establishing specialty court programs.

13-25     Sec. 9.  NRS 179.225 is hereby amended to read as follows:

13-26     179.225  1.  If the punishment of the crime is the confinement

13-27  of the criminal in prison, the expenses must be paid from money

13-28  appropriated to the Office of the Attorney General for that purpose,

13-29  upon approval by the State Board of Examiners. After the

13-30  appropriation is exhausted, the expenses must be paid from the

13-31  Reserve for Statutory Contingency Account upon approval by

13-32  the State Board of Examiners. In all other cases, they must be paid

13-33  out of the county treasury in the county wherein the crime is alleged

13-34  to have been committed. The expenses are:

13-35     (a) If the prisoner is returned to this state from another state, the

13-36  fees paid to the officers of the state on whose governor the

13-37  requisition is made;

13-38     (b) If the prisoner is returned to this state from a foreign country

13-39  or jurisdiction, the fees paid to the officers and agents of this state or

13-40  the United States; or

13-41     (c) If the prisoner is temporarily returned for prosecution to this

13-42  state from another state pursuant to this chapter or chapter 178 of

13-43  NRS and is then returned to the sending state upon completion of

13-44  the prosecution, the fees paid to the officers and agents of this

13-45  state,

14-1  and the necessary traveling expenses and subsistence allowances in

14-2  the amounts authorized by NRS 281.160 incurred in returning the

14-3  prisoner.

14-4      2.  If a person is returned to this state pursuant to this chapter or

14-5  chapter 178 of NRS and is convicted of, or pleads guilty, guilty but

14-6  mentally ill or nolo contendere to the criminal charge for which he

14-7  was returned or a lesser criminal charge, the court shall conduct an

14-8  investigation of the financial status of the person to determine his

14-9  ability to make restitution. In conducting the investigation, the court

14-10  shall determine if the person is able to pay any existing obligations

14-11  for:

14-12     (a) Child support;

14-13     (b) Restitution to victims of crimes; and

14-14     (c) Any administrative assessment required to be paid pursuant

14-15  to NRS 62.2175, 176.059 , 176.0611 and 176.062[.] and section 1

14-16  of this act.

14-17     3.  If the court determines that the person is financially able to

14-18  pay the obligations described in subsection 2, it shall, in addition to

14-19  any other sentence it may impose, order the person to make

14-20  restitution for the expenses incurred by the Attorney General or

14-21  other governmental entity in returning him to this state. The court

14-22  shall not order the person to make restitution if payment of

14-23  restitution will prevent him from paying any existing obligations

14-24  described in subsection 2. Any amount of restitution remaining

14-25  unpaid constitutes a civil liability arising upon the date of the

14-26  completion of his sentence.

14-27     4.  The Attorney General may adopt regulations to carry out the

14-28  provisions of this section.

14-29     Sec. 10.  NRS 1.360 is hereby amended to read as follows:

14-30     1.360  Under the direction of the Supreme Court, the Court

14-31  Administrator shall:

14-32     1.  Examine the administrative procedures employed in the

14-33  offices of the judges, clerks, court reporters and employees of all

14-34  courts of this state and make recommendations, through the Chief

14-35  Justice, for the improvement of those procedures;

14-36     2.  Examine the condition of the dockets of the courts and

14-37  determine the need for assistance by any court;

14-38     3.  Make recommendations to and carry out the directions of the

14-39  Chief Justice relating to the assignment of district judges where

14-40  district courts are in need of assistance;

14-41     4.  Develop a uniform system for collecting and compiling

14-42  statistics and other data regarding the operation of the state court

14-43  system and transmit that information to the Supreme Court so that

14-44  proper action may be taken in respect thereto;

15-1      5.  Prepare and submit a budget of state appropriations

15-2  necessary for the maintenance and operation of the state court

15-3  system and make recommendations in respect thereto;

15-4      6.  Develop procedures for accounting, internal auditing,

15-5  procurement and disbursement for the state court system;

15-6      7.  Collect statistical and other data and make reports relating to

15-7  the expenditure of all public money for the maintenance and

15-8  operation of the state court system and the offices connected

15-9  therewith;

15-10     8.  Compile statistics from the information required to be

15-11  maintained by the clerks of the district courts pursuant to NRS 3.275

15-12  and make reports as to the cases filed in the district courts;

15-13     9.  Formulate and submit to the Supreme Court

15-14  recommendations of policies or proposed legislation for the

15-15  improvement of the state court system;

15-16     10.  On or before January 1 of each year, submit to the Director

15-17  of the Legislative Counsel Bureau a written report compiling the

15-18  information submitted to the Court Administrator pursuant to NRS

15-19  3.243, 4.175 and 5.045 during the immediately preceding fiscal

15-20  year;

15-21     11.  On or before January 1 of each odd-numbered year,

15-22  submit to the Director of the Legislative Counsel Bureau a written

15-23  report concerning:

15-24     (a) The distribution of money deposited in the special account

15-25  created pursuant to section 1 of this act to assist with funding and

15-26  establishing specialty court programs;

15-27     (b) The current status of any specialty court programs to

15-28  which money from the account was allocated since the last report;

15-29  and

15-30     (c) Such other related information as the Court Administrator

15-31  deems appropriate;

15-32     12.  On or before February 15 of each odd-numbered year,

15-33  submit to the Governor and to the Director of the Legislative

15-34  Counsel Bureau for transmittal to the next regular session of the

15-35  Legislature a written report compiling the information submitted by

15-36  clerks of courts to the Court Administrator pursuant to NRS 630.307

15-37  and 633.533 which includes only aggregate information for

15-38  statistical purposes and excludes any identifying information related

15-39  to a particular person; and

15-40     [12.] 13. Attend to such other matters as may be assigned by

15-41  the Supreme Court or prescribed by law.

15-42     Sec. 11.  NRS 211.245 is hereby amended to read as follows:

15-43     211.245  1.  If a prisoner fails to make a payment within 10

15-44  days after it is due, the district attorney for a county or the city

16-1  attorney for an incorporated city may file a civil action in any court

16-2  of competent jurisdiction within this state seeking recovery of:

16-3      (a) The amount of reimbursement due;

16-4      (b) Costs incurred in conducting an investigation of the financial

16-5  status of the prisoner; and

16-6      (c) Attorney’s fees and costs.

16-7      2.  A civil action brought pursuant to this section must:

16-8      (a) Be instituted in the name of the county or city in which the

16-9  jail, detention facility or alternative program is located;

16-10     (b) Indicate the date and place of sentencing, including, without

16-11  limitation, the name of the court which imposed the sentence;

16-12     (c) Include the record of judgment of conviction, if available;

16-13     (d) Indicate the length of time served by the prisoner and, if he

16-14  has been released, the date of his release; and

16-15     (e) Indicate the amount of reimbursement that the prisoner owes

16-16  to the county or city.

16-17     3.  The county or city treasurer of the county or incorporated

16-18  city in which a prisoner is or was confined shall determine the

16-19  amount of reimbursement that the prisoner owes to the city or

16-20  county. The county or city treasurer may render a sworn statement

16-21  indicating the amount of reimbursement that the prisoner owes and

16-22  submit the statement in support of a civil action brought pursuant to

16-23  this section. Such a statement is prima facie evidence of the amount

16-24  due.

16-25     4.  A court in a civil action brought pursuant to this section may

16-26  award a money judgment in favor of the county or city in whose

16-27  name the action was brought.

16-28     5.  If necessary to prevent the disposition of the prisoner’s

16-29  property by the prisoner, or his spouse or agent, a county or city

16-30  may file a motion for a temporary restraining order. The court may,

16-31  without a hearing, issue ex parte orders restraining any person from

16-32  transferring, encumbering, hypothecating, concealing or in any way

16-33  disposing of any property of the prisoner, real or personal, whether

16-34  community or separate, except for necessary living expenses.

16-35     6.  The payment, pursuant to a judicial order, of existing

16-36  obligations for:

16-37     (a) Child support or alimony;

16-38     (b) Restitution to victims of crimes; and

16-39     (c) Any administrative assessment required to be paid pursuant

16-40  to NRS 62.2175, 176.059 , 176.0611 and 176.062[,] and section 1

16-41  of this act,

16-42  has priority over the payment of a judgment entered pursuant to this

16-43  section.

 

 

17-1      Sec. 12.  NRS 249.085 is hereby amended to read as follows:

17-2      249.085  On or before the 15th day of each month, the county

17-3  treasurer shall report to the State Controller the amount of the

17-4  administrative assessments paid by each justices’ court for the

17-5  preceding month pursuant to NRS 176.059[.] and section 1 of this

17-6  act.

17-7      Sec. 13.  This act becomes effective on July 1, 2003.

 

17-8  H