AB 236 — Makes various changes related to criminal law and criminal procedure. (BDR 14-564)

(NRS 205.606) device within or upon a machine used for financial transactions with the intent toning use the scanning device for an unlawful purpose.

Section 84.3 provides - *AB236_R4* – 4 – that a person who installs, affixes or accesses a scanning device in such an unlawful manner is guilty of a category C felony.

or (2) with the consent of the authorized user of a payment 84.5card of this bill expands this exemption to includecomplete a personfinancial whotransaction installs,using affixesthat orcard. accesses a scanning device without the intent to commit an unlawful act:

(NRS 205.607) Section - 80th Session (2019) – 4 – 84.5 of this bill expands this exemption to include a person who installs, affixes or accesses a scanning device without the intent to commit an unlawful act:

Existing law provides that a person who offers, attempts or commits certain unauthorized acts relating to controlled or counterfeit substances is guilty of a category B felony for the first offense if the controlled substance is classified in schedule I or II and a category C felony for the first offense if the controlled substance is classified in schedule III, IV or V.

Section 112 also decreases the minimum and maximum terms of imprisonment and the amount of the authorized fine for a third or subsequent offense if the controlled substance is classified in schedule III, IV or V.

The penalties for each such offense vary based on the 453.3395)quantity Section 119 of this bill establishes the crimes of low-level trafficking and high-level trafficking and revises the quantity of schedule I controlled substancessubstance otherthat thanis marijuanatrafficked. and schedule II controlled substances for the purposes of imposing a penalty.

(NRS 453.3385, 453.339, 453.3395) Section 119 of this bill establishes the crimes of low-level trafficking substances other than marijuana and schedule II controlled substances for the purposes of imposing a penalty.

A person who violates any such provision is guilty of a gross misdemeanor or category E felony depending on the schedule in which the the penalty for such a violation to a misdemeanor, regardless of the schedule ines which the controlled substance is listed.

(NRS 453.411) Section 122.5 of this bill decreases the penalty for such a violation to a misdemeanor, regardless of the schedule in which the controlled substance is listed.

Existing law establishes various crimes for which the penalty is a category B 130 of this bill reduce the penalty for any such crime to a category C felony.

(NRS 205.605, 453.316, 465.088, 484D.335) Sections 84, 111, 125 andgory B of this bill reduce the penalty for any such crime to a category C felony.

(NRS 207.010) Section 86 provides that a person is a habitual criminal if he - *AB236_R4* – 5 – or she is convicted of a felony and has previously been convicted at least five times of a felony.

Sections 89 and 96 of this bill require the Director and the Chief Parole and - 80th Session (2019) – 5 – Probation Officer, respectively, to include certain topics and courses in staff training.

Officer, respectively, to include certain topics and courses in staff Section 95 of this bill requires the Division to administer a risk and needs assessment to each probationer and parolee under the Division’s supervision at least once every year for the purpose of setting a level of supervision for each probationer and parolee and developing individualized case plans.

Existing law authorizes the Director to assign an offender to the Division to serve a term of residential confinement or other appropriate supervision for not longer than the remainder of his or her sentence in certain circumstances, including if the offender is in ill health and expected to die within 12 months and does notngnot pose a threat to public safety.

(2) have not been convicted of a crime of violence, certain offenses committed against a child, a sexual offense, vehicular homicide or driving under the influence of alcohol or a prohibited substance and causing the death of or substantial bodily harm to another leastperson; a majority of the maximum term or maximum aggregate term of his or hered at sentence.

Section(3) 93.7have ofnot thisbeen billfound requires the Division to recommendbe the early discharge of a personhabitual fromcriminal; parole to the Board in certain circumstances and authorizes the Board to adopt any regulations necessary to carry out provisions relating to the early discharge of such a person.

and (4) have served at sentence.ajority of the maximum term or maximum aggregate term of his or her Section 93.7 of this bill requires the Division to recommend the early discharge of a person from parole to the Board in certain circumstances and authorizes the Board to adopt any regulations necessary to carry out provisions relating to the early discharge of such a person.

Section 99 of this bill provides that if the Board has delegated its authority to consider the parole of a prisoner and recommend to the Board that the prisoner be released on parole without a meeting, and a person to whom such authority is delegated does not recommend that the prisoner be released to on parole without a meeting, the prisoner must have a parole hearing.

(1) provide the offender with a photo identification card if the offender is not in possession of a photo identification card;

(3) offenderprovide tothe aoffender facilitywith forcertain transitionaltransportation living;costs;

(5)(4) completeif enrollmentappropriate, applicationrelease the paperworkoffender forto Medicaida andfacility Medicare for antransitional eligibleliving; offender;

(5) complete enrollment application paperwork for Medicaid and Medicare for an eligible offender;

Section 92 also requires the Director to - *AB236_R4* – 6 – clearly indicate on any photo identification card provided to an offender whether or not the Director has verified the full legal name and age of the offender.

(NRS 439.258) Section 110.5 of this bill provides - 80th Session (2019) – 6 – that such regulations must include provisions requiring that a program:

Section 104 also requires POST to submit an annual report during each year the grant program is funded to the Governor and the Chairs of the Senate and Assembly StandingamStanding is Committees on Judiciary that contains information relating to the grant programs.

Sectionpolicy 105and ofprocedure thisfor billinteracting requireswith everypersons lawwho enforcementsuffer agencyfrom to:a behavioralsh a health issue;

(1) establish a policy and procedure for interacting with persons who suffer from a behavioral health issue;

Section 108 of this bill requires POST to establish by regulation standards for a voluntary program for crisisthe intervention.enforcementtraining of law enforcement dispatchers that includes training relating to such Sectioncrisis 6intervention. of this bill requires the Nevada Sentencing Commission (“Sentencing Commission”) to:

Section 6 of this bill requires the Nevada Sentencing Commission (“Sentencing Commission”) to:

Section 7 of this bill requires the Sentencingcosts Commissionavoided to:by this State because of the enactment of this bill;

(1)and calculate(2) forsubmit eachto fiscalthe yearGovernor and the amountLegislature a statement of the costsamount of such avoided bycosts thisand Staterecommendations becausefor the reinvestment of the enactmentamount of thisthose bill;avoided costs in certain programs.

andSection (2)8 submitof tothis thebill Governorcreates and the LegislatureNevada aLocal statementJustice ofReinvestment theCoordinating amountCouncil, ofwhich: such avoided costs certain programs.

Section 8 of this bill creates the Nevada Local Justiceosts in Reinvestment Coordinating Council, which:

-EXPLANATION *AB236_R4* – 7Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

(DeletedTHE byPEOPLE amendment.)OF Sec.THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2.Sections 1-4.

(Deleted by amendment.) - 80th Session (2019) – 7 – Sec.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

Sec.Secs.

5.2.5.2, 5.3, 5.4, 5.5, 5.6 and 5.7.

5.3.

(Deleted by amendment.) Sec.

5.4.

(Deleted by amendment.) Sec.

5.5.

(Deleted by amendment.) Sec.

5.6.

(Deleted by amendment.) Sec.

5.7.

(Deleted by amendment.) Sec.

(I) The total number of persons admitted to prison by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexualsexualinal orientation, age and, if measured upon intake, risk score;

(II) The total number of persons released from prison each year by type of release, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured uponu(III) intake,The riskrecidivism score;rate of persons released from prison by type of release;

(III)and (IV) The recidivismtotal ratenumber of persons released from prison each year who return to prison within 36 months by type of release;admission, type of release, type of return to prison, including, without limitation, whether such a subsequent prison admission was the result of a new felony conviction or a revocation of parole due to a technical violation, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score.

and - *AB236_R4* – 8 – (IV) The total number of persons released from prison each year who return to prison within 36 months by type of admission, type of release, type of return to prison, including, without limitation, whether such a subsequent prison admission was the result of a new felony conviction or a revocation of parole due to a technical violation, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score.

(I) The total number of persons held in prison on December 31 of each year, not including those persons released - 80th Session (2019) – 8 – from a term of prison who reside in a parole housing unit, by type of offense, type of admission, felony category, prior criminal history, gender identity or expression, race, ethnicity, sexual orientation, age, mental health status and, if measured upon intake, risk score;

(III) The total number of persons held in prison on December 31 of each year who are serving a sentence of life with or without the possibility of parole or who have been sentenced to death;

an(IV)and (IV) The total number of persons as of December 31 of each year who have started a treatment program while in prison, have completed a treatment program while in prison and are awaiting a treatment program while in prison, by type of treatment program and type of offense.

(III) The average time served by persons on probation or parole by type of discharge, felony category and type of offense;

- *AB236_R4* – 9 – (V) The total number of supervision discharges by type of discharge, including, without limitation, honorable discharges and dishonorable discharges, and cases resulting in a return to prison;

and - 80th Session (2019) – 9 – (VIII) The total number of persons on probation or parole who are located within this State on December 31 of each year, not including those persons who are under the custody of the Department of Corrections.

(II) The average amount of time credited to a person’s suspended sentence or the remainder of the person’s sentencesentenceon’s from time spent on supervision;

(III) The total number of persons receiving administrative or jail sanctions, by type of offense and felony category;(IV)category; The median number of administrative sanctions issued by the Division to persons on supervision, by type of offense and(c) Track and assess outcomes resulting from the enactment of this act with respect to savings and reinvestment, including, without limitation:

and (IV) The median number of administrative sanctions issued by the Division to persons on supervision, by type of offense and felony category.

(c) Track and assess outcomes resulting from the enactment of this act with respect to savings and reinvestment, including, without limitation:

and (3) The entities that received reinvestment funds, the total amount directed to each such entity and a description of how the fundsfun(d) wereTrack used.and assess trends observed after the enactment of this act, including, without limitation, the following data, which the Central Repository for Nevada Records of Criminal History shall collect and report to the Sentencing Commission as reported to the Federal Bureau of Investigation:

(d)(1) TrackThe anduniform assesscrime trendsrates observedfor after the enactment of this act,State including,and withouteach limitation,county thein followingthis data,State whichby theindex Centralcrimes Repository for Nevada Records of Criminal History shall collect and reporttype to the Sentencing Commission as reported to the Federal Bureau of Investigation:crime;

- *AB236_R4* – 10 – (1) The uniform crime rates for this State and each county in this State by index crimes and type of crime;

- 80th Session (2019) – 10 – (f) Prepare and submit a report not later than the first day of the second full week of each regular session of the Legislature to the Governor, the Director of the Legislative Counsel Bureau for transmittal to the Legislature and the Chief Justice of the Nevada Supreme Court.

(g) Employ and retain other professional staff as necessary to coordinate performance and outcome measurement and developdevelopsary to the report required pursuant to this section.

entered(b) into“Type theof custodyadmission” ofmeans the Departmentmanner ofin Corrections,sonwhich accordinga toperson theentered internalinto definitions used by the Departmentcustody of Cor(c) “Type of offense” means an offense categorized by the Department of CorrectionsCorrections, asaccording ato violent offense, sex offense, drug offense, property offense, DUI offense or other offense, consistent with the internal datadefinitions systems used by the Department of Corrections.

(c) “Type of offense” means an offense categorized by the Department of Corrections as a violent offense, sex offense, drug offense, property offense, DUI offense or other offense, consistent with the internal data systems used by the Department of Corrections.

(a) The annual projection of the number of persons who will be in a facility or institution of the Department of Corrections which was created by the Office of Finance pursuant to NRSNRSctions 176.0129 for calendar year 2018;

Not later than December 1 of each fiscal year, the Sentencing Commission shall use the formula developed pursuant to subsection 1 to calculate the costs avoided by this State for the - *AB236_R4* – 11 – immediately preceding fiscal year because of the enactment of this act and submit a statement of the amount of the costs avoided to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

Not later than August 1 of each even-numbered year, the Sentencing Commission shall prepare a report containing the - 80th Session (2019) – 11 – projected amount of costs avoided by this State for the next biennium because of the enactment of this act and recommendations for the reinvestment of the amount of those costs to provide financial support to programs and services that address the behavioral health needs of persons involved in the criminal justice system in order to reduce recidivism.

(a) The Department of Corrections for programs for reentry of offenders and parolees into the community, programs for vocational training and employment of offenders, educational programs for offenders and transitional work program for offenders;

(c) Any behavioral health field response grant program developed and implemented pursuant to section 104 of this act;

(d) The Housing Division of the Department of Business and Industry to create or provide transitional housing for probationers and parolees and offenders reentering the community;

androbationersand (e) The Nevada Local Justice Reinvestment Coordinating Council created by section 8 of this act for the purpose of making grants to counties for programs and treatment that reduce recidivism of persons involved in the criminal justice system.

Not later than August 1 of each even-numbered year, the Sentencing Commission shall submit the report prepared pursuant to subsection 3 to the Governor and to the Director of the Legislativesession Counselof Bureauthe forLegislature.for transmittal to the next regular sessionSec. of the Legislature.

Sec.

The Chair of the - *AB236_R4* – 12 – Sentencing Commission shall appoint the Chair of the Council from among the members of the Council.

- 80th Session (2019) – 12 – (a) Advise the Sentencing Commission on matters related to any legislation, regulations, rules, budgetary changes and all other actions needed to implement the provisions of this act as they relate to local governments;

(c) Make recommendations to the Sentencing Commission regarding grants to local governments and nonprofit organizationsorg(d) fromOversee the Stateimplementation Generalof Fund;local grants;

(d) Oversee the implementation of local grants;

Any vacancy occurring in the membership of the Council must be filled in the aftersame themanner vacancyas occurs.althe original appointment not later than 30 days 5.after the vacancy occurs.

While5. engaged in the business of the Council, to the extent to receive the per diem allowance and travel expenses provided fored state officers and employees generally.

While engaged in the business of the Council, to the extent of legislative appropriation, each member of the Council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

To the extent of legislative appropriation, the Sentencing Commission shall provide the Council with such staff as is necessary to carry out the duties of the Council pursuant to this section.secSec.

Sec.

Sec.Secs.

9.3.9.3 and 9.7.

9.7.

(Deleted by amendment.) Sec.

- *AB236_R4* – 13 – (a) Afford counsel an opportunity to speak on behalf of the defendant;

and - 80th Session (2019) – 13 – (b) Address the defendant personally and ask the defendant if:

or (II) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatmenttreatmentS established pursuant to NRS 176A.250 or [453.580.] section 20 of this act.

impose4. sentence to:r shall give reasonable notice of the hearing to (a) The person against whom the crime was committed;

commission of the crime;injured as a direct result of the (c) The survivingprosecutor spouse,shall parentsgive orreasonable childrennotice of a person who was killed as a direct result of the commissionhearing ofto theimpose crime;sentence to:

and(a) (d)The Anyperson otheragainst relativewhom orthe victimcrime whowas requestscommitted; in writing to be notified of the hearing.

(b) AnyA defectperson inwho noticewas orinjured failureas ofa suchdirect personsresult toof appear are not grounds for an appeal or the grantingcommission of athe writcrime; of habeas corpus.

(c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime;

and (d) Any other relative or victim who requests in writing to be  Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus.

or - *AB236_R4*80th Session (2019) – 14 – (4) A parent of a spouse.

6.consider any reliable and relevant evidence at the time ofcourt to sentencing.

This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.

If sentencing a person who has been found guilty of a felony, sentence the person to a minimum term and a maximum requiredterm byof statute.,imprisonment, unless a definite term of imprisonment is [(c)]required 3.by statute.

If[(c)] restitution3. is appropriate, set an amount of restitution in accordance with NRS 179.225.and for expenses related to extradition [2.

AtIf anyrestitution timeis afterappropriate, aset prisoneran hasamount beenof releasedrestitution onfor paroleeach andvictim has served one-half of the periodoffense ofand parole,for orexpenses 10related consecutiveto yearsextradition on parole in theaccordance casewith ofNRS a179.225. prisoner sentenced to life imprisonment, the State Board of Parole Commissioners, upon the recommendation of the Division, may petition the court of original jurisdiction requesting a modification of sentence.

[2.

At any time after a prisoner has been released on parole and on parole in the case of a prisoner sentenced to life imprisonment,s the State Board of Parole Commissioners, upon the recommendation of the Division, may petition the court of original jurisdiction requesting a modification of sentence.

Upon hearing the recommendation of the State Board of Parole Commissioners and good cause appearing, the court may modify the original sentence by reducing the maximum term of imprisonment but shall not make the term less than the minimum term prescribed by the applicable penal statute.] - 80th Session (2019) – 15 – Sec.

The justices or judges of the justice or municipal courts shall impose, in addition to an administrative assessment imposed pursuant to NRS 176.059, 176.0611 and 176.0623, an - *AB236_R4* – 15 – administrative assessment for the provision of specialty court programs.

Except as otherwise provided in subsection 3, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $7 as an administrative assessment for the in the provision of specialty court programs and render a judgment against the defendant for the assessment.

If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7.

If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned fine has been determined to be uncollectible, any balance of the finedefendant. and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.

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.

- 80th Session (2019) – 16 – (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

- *AB236_R4* – 16 – (d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to NRS 176.0623;

and (e)6. To pay the fine.

6.

The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court pro9.amsMoney that is apportioned to a court from administrative assessments for the provision of specialty court programs must be use(a)used Payby for the treatmentcourt andto: testing of persons who participate in the program;

(a) Pay for the treatment and testing of persons who participate in the program;

- 80th Session (2019) – 17 – (6) Supplementing the funds used to pay for judges to oversee a specialty court program;

and (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons - *AB236_R4* – 17 – over whom the court has jurisdiction and who the court has determined suffer from a mental illness or [abuses] uses alcohol or drugs.

Such a program includes, without limitation, a programprogramhol or established pursuant to NRS 176A.250, 176A.280 or [453.580.] section 20 of this act.

If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:unl(a) A sentence is fixed by a jury;

(a)or A(b) sentenceSuch isan fixedinvestigation and report on the defendant has been made by athe jury;Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

or4. made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to, or are found guilty or guilty but mentally ill of, gross misdemeanors.

Such training must include, without - 80th Session (2019) – 18 – limitation, education concerning behavioral health needs and intellectual or developmental disabilities.

(3) Incidents in which the defendant has failed to appear in court whenw(4) hisArrests orduring herthe presence10 wasyears required;immediately preceding the date of the offense for which the report is being prepared;

- *AB236_R4* – 18 – (4) Arrests during the 10 years immediately preceding the date of the offense for which the report is being prepared;

(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the Division and the extent of the information to be included in the report is solely at the discretion of the Division;

(d) Information concerning whether the defendant has an defendantobligation isfor in arrears in payment on that obligation;her the (e)support Dataof ora informationchild, concerning reports and investigationsif 392.365,so, inclusive,whether that relate to the defendant andis arein madetoarrears availablein pursuantpayment toon NRSthat 432B.290obligation; or NRS 392.317 to 392.337, inclusive, as applicable;

(f)(e) TheData resultsor ofinformation [the]concerning anyreports evaluationand orinvestigations assessmentthereof ofmade thepursuant defendantto conductedchapter pursuant432B toof NRS 176A.260,and 176A.280NRS or392.275 484C.300to [,392.365, ifinclusive, suchthat anrelate evaluationto isthe requireddefendant and are made available pursuant to thatNRS section;]432B.290 or sectionNRS 22392.317 ofto this392.337, act;inclusive, as applicable;

(f) The results of [the] any evaluation or assessment of the defendant conducted pursuant to NRS 176A.260, 176A.280 or - 80th Session (2019) – 19 – 484C.300 [, if such an evaluation is required pursuant to that section;] or section 22 of this act;

(i)] If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of the psychosexual evaluation of the defendant and all information that is necessary to carry out the provisions of NRS 176A.110;

and - *AB236_R4* – 19 – [(j)] (h) Such other information as may be required by the court.

Except as otherwise provided in subsection 3, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than 14 calendar days before the defendant will be sentenced, the factual content ofofdar the report of any presentence investigation made pursuant to NRS 176.135 .

In addition to the disclosure requirements set forth in subsection 1, if the Division includes in the report of any presentence investigation made pursuant to NRS 176.135 any information relating to the defendant being affiliated with or a member of a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1ll1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.

- 80th Session (2019) – 20 – 3.

(a) Any presentence investigation made pursuant to NRS 176.135 [and the recommendations of the Division] and, if applicable, provide the documentation required pursuant to subsection 2 of NRS 176.153, in the period provided in NRS 176.153.

- *AB236_R4* – 20 –  The Division shall afford an opportunity to each party to object to factual errors in any such report .

Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Division concerning the mental health of:

Division4. shall disclose the content of a report of a presentence investigation or general investigation to the Nevada Gaming Control administration of the provisions of chapters 462 to 467, inclusive, of NRS.

5.Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Nevada Gaming Control Board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.

- 80th Session (2019) – 21 – 5.

“Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or useusewho alcohol or drugs.

- *AB236_R4* – 21 – Sec.

2.from allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.

This section must not be construed to prohibit the court from allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.

(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service and failure to refrain from the use of alcohol or controlled substances.

- 80th Session (2019) – 22 – (b) Take into account factors such as responsivity factors impacting a person’s ability to successfully complete any conditions of supervision, the severity of the current violation, the person’s previous criminal record, the number and severity of any previous violations and the extent to which graduated sanctions were imposed for previous violations.

3.and probation officer shall use graduated sanctions establishede pursuant to this section when responding to a technical violation.

Notwithstanding any rule or law to the contrary, a parole and probation officer shall use graduated sanctions established pursuant to this section when responding to a technical violation.

The notice must inform the person of any - *AB236_R4* – 22 – alleged violation and the date thereof and the graduated sanction to be imposed.

If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the court or Board outlining the reasons for the recommendation of revocation and the steps taken by the Division to change the supervised person’s behavior while in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.rev7.atAs used in this section:

7.

As used in this section:

(1) New felony or gross misdemeanor;

(4)(3) CrimeViolation of violence as defined in NRS 200.408484C.110 thator is484C.120; punishable as a misdemeanor;

- 80th Session (2019) – 23 – (4) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;

(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

- *AB236_R4* – 23 –  The term does not include termination from a specialty court program.

The court may not defer judgment pursuant to this subsection if the defendant has enteredthe into a plea agreement withallows athe prosecutingdeferral.osecuting attorney unless the2. plea agreement allows the deferral.

2.

(f) Placement on probation pursuant to NRS 176A.500 and the ordering of any conditions which can be imposed for probation pursuant to NRS 176A.400;

orhichor can be imposed for probation (g) Completion of a specialty court program.

- 80th Session (2019) – 24 – 3.

The court:

(b) Shall not defer judgment for any defendant who has been convicted of a violent or sexual offense as defined in NRSNRSbeen 202.876, a crime against a child as defined in NRS 179D.0357 or a violation of NRS 200.508.

- *AB236_R4* – 24 – (2) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

5.deferred judgment, and upon a finding by the court that the terms and conditions have been met, the court shall discharge the defendant and dismiss the proceedings.

Upon completion of the terms and conditions of the deferred judgment, and upon a finding by the court that the terms and conditions have been met, the court shall discharge the defendant and dismiss the proceedings.

exhibits6. in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division.

The court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries - 80th Session (2019) – 25 – on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division.

If the court orders sealed the record of a defendant discharged pursuant to this section, the court shall send a copy of the order to each agency or officer namedshall notify the court in writing of its compliance with the order.

Each such agency or officer shall notify the court in writing of its compliance with the order.

- *AB236_R4* – 25 – Sec.

(b) Has been diagnosed as having a substance use disorder afteraft(c) anWould in-personbenefit clinicalfrom assessment;assignment to a program established pursuant to section 20 of this act.

and (c) Would benefit from assignment to a program established pursuant to section 20 of this act.

(a) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a - 80th Session (2019) – 26 – program established pursuant to section 20 of this act if the court determines that the defendant is eligible for participation in such a program;

or (b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 20 of this act if the court determines that the defendant is eligible for participation in such a program.

Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to section 20 of this act if the defendant is diagnosed as having aato substance use disorder or any co-occurring disorder:

- *AB236_R4* – 26 – 4.

(a) The court may enter a judgment of conviction, if applicable, and proceed as provided in the section pursuant to whichwhi(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant wasto charged.the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

or - 80th Session (2019) – 27 – (b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:

(1) Has been previously convicted in this State or in any other jurisdiction of a felony;

oricted in this State or in any (2) Has previously failed to complete a specialty court pro7.am.Dischargeprogram. and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.

7.

Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.

After a defendant is discharged from probation or a case is dismissed pursuant to section 22 of this act, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such - *AB236_R4* – 27 – other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division.

The court shall order those records sealed without a hearing unless the Division petitions the court, for good causethereon.own, shown, not to seal the records and requests a hearing thereon.2.

2.

- 80th Session (2019) – 28 – Sec.

(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRSisNRS 201.230, an offense for which the suspension of sentence or the foundgranting toof beprobation ais habitualexpressly criminalforbidden, pursuantor toif NRSthe 207.010,person arson is habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.

or - *AB236_R4* – 28 – (4) Had] had previously been two times convicted, whether in this State or elsewhere, of a crime that under the laws of the situs [] If the person denies the existence of a previous conviction, the crimecourt orshall determine the issue of thisthe Stateprevious wouldconviction amountafter tohearing aall felony.relevant evidence presented on the issue by the prosecution and the person.

[] If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person.

In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability - 80th Session (2019) – 29 – to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.

If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be sentencingprovided theto a person togranted aprobation, termthe ofcourt imprisonment,may, grantin probationflieu of pursuant to the Program of Intensive Supervision establishedestablishedtion pur5.antExcept as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135,176A.440. the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer.

5.

Except as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer.

If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is inSec. arrears.

- *AB236_R4* – 29 – Sec.

- 80th Session (2019) – 30 – Sec.

Sec.176A.260 NRS 1.

27.Except as otherwise provided in [subsection 2,] subparagraph (1) of paragraph (a) of subsection 3 of section 19 of this act, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may [, without] :

NRS 176A.260 is hereby amended to read as follows:

176A.260 1.

Except as otherwise provided in [subsection 2,] subparagraph (1) of paragraph (a) of subsection 3 of section 19 of intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, probation is not prohibited by statute, the court may [, without] :

2.is eligible for participation in a program established pursuant to NRS 176A.250 if the defendant is diagnosed as having a mental illness or an intellectual disability:

Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS 176A.250 if the defendant is diagnosed as having a mental illness or an intellectual disability:

- *AB236_R4* – 30 – (1) A counselor who is licensed or certified to make such a diagnosis;

A counselor or physician who diagnoses a defendant as having a mental illness or intellectual disability shall submit a - 80th Session (2019) – 31 – report and recommendation to the court concerning the length and type of treatment required for the defendant within the maximum probation terms applicable to the offense for which the defendant is convicted.

If the offense committed by the defendant [involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign] is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony, the defendant [to the] is not eligible for assignment to the program .

(a) The court may enter a judgment of conviction , if applicable, and proceed as provided in the section pursuant to which thelicable,the defendant was charged.

(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

or (2) Has previously failed to complete a specialty court program;pro(b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:

or (b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:

or - *AB236_R4* – 31 – (2) Has previously failed to complete a specialty court program.

Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the - 80th Session (2019) – 32 – setting of bail.

After a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.260, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the hearingDivision. unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

dischargedThe fromcourt probationshall ororder whosethose caserecords issealed dismissedwithout pursuanta tohearing isunless NRS 176A.260, the courtDivision shallpetitions sendthe acourt, copyfor ofgood thecause ordershown, not to eachseal agencythe orrecords officerand namedrequests ina thehearing order.thereon.

2.

If the court orders sealed the record of a defendant who is discharged from probation or whose case is dismissed pursuant to NRS 176A.260, the court shall send a copy of the order to each agency or officer named in the order.

A district court, justice court or municipal court may establish an appropriate program for the treatment of veterans and members of the military to which it may assign a defendant pursuant to NRS 174.032 , [or] 176A.290 or 176A.400 or section 19 of this act if the defendant is a veteran or member of the military and:and(a) [Appears to suffer] Is diagnosed after an in-person clinical assessment by a counselor who is licensed or certified to make such a diagnosis or a physician who is certified by the Board of Medical Examiners to make such a diagnosis, or by the results of a mental health or substance use screening, as suffering from:

(a)(1) [AppearsMental toillness, suffer]alcohol Is diagnosed after an in-person clinical assessment by a counselor who is licensed or certifieddrug to[abuse,] makeuse, suchposttraumatic astress diagnosisdisorder or a physiciantraumatic whobrain isinjury, certifiedany by the Board of Medicalwhich Examinersappear to makebe suchrelated ato diagnosis,military orservice, byincluding, thewithout resultslimitation, ofany areadjustment mentalto healthcivilian orlife substancewhich useis screening,necessary asafter sufferingcombat from:service;

(1) Mental illness, alcohol or drug [abuse,] use, posttraumatic stress disorder or a traumatic brain injury, any of - *AB236_R4* – 32 – which appear to be related to military service, including, without limitation, any readjustment to civilian life which is necessary after combat service;

and - 80th Session (2019) – 33 – (c) Is not ineligible for assignment to the program pursuant to NRS 176A.287 or any other provision of law.

and (c)3.) BeBAs forused ain periodthis ofsection:ss not less than 12 months.] 3.(a) “Military sexual trauma” means psychological trauma that is the result of sexual harassment or an act of sexual assault that occurred while the veteran or member of the military was serving on active duty, active duty for training or inactive duty training.

As used in this section:

(a) “Military sexual trauma” means psychological trauma that is the result of sexual harassment or an act of sexual assault that occurred while the veteran or member of the military was serving on active duty, active duty for training or inactive duty training.

NRS 176A.287 is hereby amended to read as fol176A.287follows: 1.

Except176A.287 as1. otherwise provided in subsection 2, a defendant is not eligible for assignment to a program of treatment est(a) The offense committed by the defendant [:

Except as otherwise provided in subsection 2, a defendant is not eligible for assignment to a program of treatment established pursuant to NRS 176A.280 if :

(a) The offense committed by the defendant [:

2.be assigned to a program of treatment established pursuant to NRSy 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.

A defendant described in paragraph (b) of subsection 1 may be assigned to a program of treatment established pursuant to NRS 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.

Except as otherwise provided in [subsection 2 and] NRS 176A.287 [,] and subparagraph (1) of paragraph (a) of subsection 3 of section 19 of this act, if a defendant described in NRS 176A.280 tenders a plea of guilty, guilty but mentally ill or - *AB236_R4* – 33 – nolo contendere to, or is found guilty or guilty but mentally ill of [, any] :

(a) Any offense punishable as a felony or gross misdemeanor for which the suspension of sentence or the granting of probation is - 80th Session (2019) – 34 – not prohibited by statute, the district court [, justice court or municipal court, as applicable,] may [, without] :

or (2) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must includeincludeefendant attendance and successful completion of a program established pursuant to NRS 176A.280 if the court determines that the defendant is eligible for participation in such a program;

or (b) Any offense punishable as a misdemeanor for which the suspension of sentence is not prohibited by statute, the justice court or municipal court, as applicable, may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings upon terms and conditions that must establishedinclude pursuantattendance toand NRSsuccessful 176A.280.pletioncompletion of a program 2.established pursuant to NRS 176A.280.

[If2. the offense committed by the defendant involved the use previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the district court, justice court or municipal court, as applicable, may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.

For[If the purposesoffense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this subsection,State or in determiningany whetherother anjurisdiction offenseof a felony that involved the use or threatened use of force or violence, the district court, justice court or municipal court, as applicable, shallmay considernot theassign facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to placethe anotherprogram personunless inthe reasonableprosecuting apprehensionattorney ofstipulates bodilyto harm.the assignment.

For the purposes of this subsection, in determining whether an offense involved the use or municipal court, as applicable, shall consider the facts andtice court or circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.

- *AB236_R4*80th Session (2019) – 3435 – (1) Must be in accordance with any applicable guidelines for sanctions established by the National Association of Drug Court Professionals or any successor organization;

(b) The district court, justice court or municipal court, as applicable, may enter a judgment of conviction , if applicable, and proceed as provided in the section pursuant to which the defendant waswas(c) charged.Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

(c) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

or program;

orI) Has previously failed to complete a specialty court (2) May discharge the defendant and dismiss the if the defendant:t aside the judgment of conviction, as applicable, (I) Has been previously convicted in this State or in any other jurisdiction of a felony;

or (2) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:

(I) Has been previously convicted in this State or in any other juri(II) Has previously failed to complete a specialty court program;

The defendant may not be - 80th Session (2019) – 36 – held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or - *AB236_R4* – 35 – acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.

If a court conditionally dismisses the charges, the court shall notify the defendant that the conditionally dismissed charges are a conviction for the purpose of additional penalties imposed for second ororiction subsequent convictions or the setting of bail in a future case, but are not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose.

Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.290, the justice court, municipal court or district court, as applicable, shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and custodyentries ofon suchdockets, and other agenciesdocuments andrelating officersto asthe arecase named in the the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division.

If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed as provided in [subsection 5 of] NRS 176A.290, not sooner than 7 years after such a conditional dismissal and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the - 80th Session (2019) – 37 – custody of such other agencies and officers as are named in the court’s order be sealed.

The justice court, municipal court or district court, as applicable, shall order those records sealed without a - *AB236_R4* – 36 – hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

If the justice court, municipal court or district court, as applicable, orders sealed the record of a defendant who is discharged from probation, whose case is dismissed or whose charges were conditionally dismissed pursuant to NRS 176A.290, the court shall send a copy of the order to each agency or officer named in the order.

Each such agency or officer shall notify thetheer justice court, municipal court or district court, as applicable, in writing of its compliance with the order.

(1) Requiring the probationer to remain in this State or a certai(2)certain Prohibitingcounty thewithin probationerthis fromState; contacting or attempting to contact a specific person whom the probationer is prohibited cause another person to contact that person on the probationer’s behalf;

(2) Prohibiting the probationer from contacting or attempting to contact a specific person whom the probationer is prohibited cause another person to contact that person on the probationer’s behalf;

In issuing an order granting probation , a suspended sentence or a deferred sentence pursuant to section 19 of this act to a person who is found guilty of a category C, D or E felony, the court may require the person as a condition of probation to participate in and complete to the satisfaction of the court any alternative program, treatment or activity deemed appropriate by the - 80th Session (2019) – 38 – court [.] , including, without limitation, any specialty court program.

- *AB236_R4* – 37 – 4.

176A.420convicted 1.of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance.

Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance.

(a)(1)(a) Gross[Three misdemeanor;years] Twelve months for a:

orths(1) forGross a:misdemeanor;

(2)or Suspension176A.290 ofor sentence453.3363 pursuant[;] toor NRSsection 176A.260,22 176(b)of this act;6A.260, (b) [Five years] Eighteen months for a category E felony [.] ;

- 80th Session (2019) – 39 – 3.

If the - *AB236_R4* – 38 – warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

[3.]with 4.power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation.

Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation.

[5.]probation 6.for a felony or a gross misdemeanor must be allowed for the period of the probation a deduction of:

A(a) personTen whodays isfrom sentencedthat to serve a period offor theeach periodmonth of the probationperson aserves deductionand of:oris mustcurrent bewith allowedany forfee (a)to Tendefray daysthe fromcosts thatof periodhis foror eachher month the person serves supervision charged by the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 213.1076 and with any payment of restitution ordered by the court, including, without limitation, any payment of restitution required pursuant to NRS 176A.430.

- 80th Session (2019) – 40 – (b) Except as otherwise provided in subsection [7,] 8, 10 days from that period for each month the person serves and is actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

A person must be allowed a deduction pursuant to paragraph (a) or (b) of subsection [5] 6 regardless of whether the person has satisfied the requirements of the other paragraph and must be allowed a deduction pursuant to paragraphs (a) and (b) of - *AB236_R4* – 39 – subsection [5] 6 if the person has satisfied the requirements of both paragraphspar[7.] of8. that subsection.

[7.]oA 8.person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program.

A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program.

If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court.

The court retaining or thusthusat acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 andeforeand system of graduated sanctions adopted pursuant to section 18 of this act, as applicable, and the recommendation, if any, of the Chief Parole and Probation Officer.

Upon determining that the probationerefprobationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation.

[The] If the court finds that the probationer committed a violation of a condition of probation by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation - 80th Session (2019) – 41 – of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action - *AB236_R4* – 40 – or proceeding brought pursuant to title 11 of NRS, a temporary ororn extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the court may:

If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has victim of requested in writing to be notified and who has provided a current address to the Division.

The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of aesenta probationer who has violated a condition of probation should be andmodified. cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this [subsection.] paragraph.

The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this [subsection.] paragraph.

All personal information, including, but not limited to, a - 80th Session (2019) – 42 – current or former address, which pertains to a victim and which is received by the Division pursuant to this [subsection] paragraph is confidential.

(c) Temporarily revoke the probation or suspension of sentence and impose a term of imprisonment of not more than:

- *AB236_R4* – 41 – (2) Ninety days for the second temporary revocation;

(a) Continue probation and modify the terms and conditions of probation;pro(b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.

or (b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.

(a) Consuming any alcoholic beverage.

(c) Failing to abide by the requirements of a mental health or sub(d)substance Failinguse totreatment seekprogram. and maintain employment.

(d) Failing to seek and maintain employment.

- 80th Session (2019) – 43 – (a) “Absconding” means that a person is actively avoiding supervision by making his or her whereabouts unknown to the Division for a continuous period of 60 days or more.

(3) Violation of NRS 484C.110 or 484C.120;

- *AB236_R4* – 42 – (6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

Sec.178.461 1.RS 1If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection 3.

36.Except as otherwise provided in subsection 2, the court shall hold the hearing within 10 judicial days after the motion is filed with the court.

NRS2. 178.461 is hereby amended to read as follows:

178.461If 1.the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether - 80th Session (2019) – 44 – the person requires the level of security provided by a forensic facility.

If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection 3.

Except as otherwise judicial days after the motion is filed with the court.ing within 10 2.

If the prosecuting attorney files a motion pursuant to on which the prosecuting attorney files the motion, request from thee Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility.

If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion.

3.by clear and convincing evidence that the person has a mentalurt finds disorder, that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility, the court may order:

At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility, the court may order:

and - *AB236_R4* – 43 – (b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.

Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.

(a) Voluntary manslaughter pursuant to NRS 200.050;

to NRS 200.050;

(i) Invasion of the home with a deadly weapon pursuant to NRS(j)NRS Any205.067; category B felony involving the use of a firearm;

(j) Any category B felony involving the use of a firearm;

commitment- set80th forthSession in(2019) this– subsection45 or– subsection7. 4, ash of applicable, and:

If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and:

The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility.

- *AB236_R4* – 44 – Sec.

(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whicheverwhichevere from occurs later;

(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual - 80th Session (2019) – 46 – custody or from the date when the person is no longer under aroma actual suspended sentence, whichever occurs later;

(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481,ense200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;

or (g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longerlongere under a suspended sentence, whichever occurs later.

- *AB236_R4* – 45 – (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;

(2) Specific conviction to which the records to be sealed pertain;pertain(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

and (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to the sealing of the records after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of prosecuting- attorney80th doesSession not(2019) stipulate– to47 the– sealing of the records,records ain hearingaccordance onwith thesubsection petition5 mustwithout bea conducted.hearing.

1,If the petitionerprosecuting hasattorney does not beenstipulate charged with any offense for which theon charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the filesealing of the courtrecords, wherea thehearing proceedingon was commenced from, including, without limitation, the Federalpetition Bureaumust ofbe Investigationconducted. and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

5.

If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

- *AB236_R4* – 46 – (d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

[(e)] (f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any otheroth[(f)] conduct(g) prohibitedA byviolation of NRS 484C.110,488.410 484C.130that oris 484C.430;punishable as a felony pursuant to NRS 488.427;

[(f)] (g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427;

(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or - 80th Session (2019) – 48 – sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(2) Sexual assault pursuant to NRS 200.366.

NRS(4) 200.400.tteryBattery with intent to commit sexual assault pursuant to (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405,200.400. if the felony is an offense listed in this paragraph.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of in this paragraph.to NRS 200.405, if the felony is an offense listed (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

- *AB236_R4* – 47 – (12) Lewdness with a child pursuant to NRS 201.230.

(15)or Sexualuniversity conductand betweena certainstudent employeespursuant ofto NRS 201.550.of a college or(16) universityLuring anda child or a studentperson with mental illness pursuant to NRS 201.550.201.560, if punishable as a felony.

(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

- 80th Session (2019) – 49 – (b) The court having jurisdiction in which the charges were declined for prosecution:

or (c)(3) ThePursuant courtto ina whichstipulation thebetween acquittal was entered, at any time after the dateparties; of the acquittal, proceedings leading to the dismissal, declination or acquittal.

2.or (c) The court in which the acquittal was entered, at any time after the date of the acquittal,  for the sealing of all records relating to the arrest and the pro2.ediIf the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.

If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.

(d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably - *AB236_R4* – 48 – known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal, declination or acquittal and to whom the order to seal records, if issued, will be directed;

and to whom the order to seal records, if issued, will be (e) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

- 80th Session (2019) – 50 – (a) If the charges were dismissed, declined for prosecution or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county;

 The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the pet5.ionUpon receiving a petition pursuant to subsection 2, the court shall notify:

court, the prosecuting attorney for the county;

orct court or justice (b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.

shall notify:receiving a petition pursuant to subsection 2, the court (a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county;

or (b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.

 The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.

If the court finds that there has been an acquittal, that the prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal, declination or dismissal which - *AB236_R4* – 49 – are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.

If the prosecuting attorney having jurisdiction previously declined prosecution of the charges and the records of the arrest have been sealed pursuant to subsection 7, the prosecuting attorney may subsequently file the charges at any time before the running of - 80th Session (2019) – 51 – the statute of limitations for those charges.

1.History;

Theandntral Central Repository for Nevada Records of Criminal His2.ry;Each2. agency of criminal justice and each public or private company, agency, official or other custodian of records named in which relate to the matters contained in the order, shall advise theody court of compliance and shall then seal the order.

Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.

(b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:

- *AB236_R4* – 50 – (2) The right to hold office;

and (b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has - 80th Session (2019) – 52 – received a pardon and the pardon does not restrict his or her right to bear arms.

Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office andreceive tosuch servean onorder.. a jury.

A person must not be required to pay a fee to receive4. such an order.

4.A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

ASec. person who has had his or her records sealed in this State or any other state may present official documentation that the person civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

41.

NRS 179.295 is hereby amended to read as follows:

Except as otherwise provided in this section, subsection 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.

The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, - *AB236_R4* – 51 – order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

This section does not prohibit a court from considering a [conviction] proceeding for which records have been sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or [458.330] section 19 or 23 of this act in determining whether to grant a - 80th Session (2019) – 53 – petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595, 453.3365 or [458.330] section 19 or 23 of this act for a conviction of another offense.

Each agency of criminal justice and any other agency dealingdea(a) withCollect crimeand shall:maintain records, reports and compilations of statistical data required by the Department;

(a) Collect and maintain records, reports and compilations of statistical data required by the Department;

and (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

relating3. to records of criminal history that it creates, issues oron collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division.

Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division.

If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division.

- *AB236_R4* – 52 – (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;

- 80th Session (2019) – 54 – 5.

(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regardingreg(c) himUpon orrequest, her.provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

(c)(d) Upon request, provideprovide, in paper or electronic form, the information that is contained in the Central Repository to the StateCommittee Disasteron IdentificationDomestic TeamViolence ofappointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the DivisionCommittee ofis Emergencyreviewing Managementthe death of the Department.victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

(d)6. Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes dom6.

The Division may:antmay: to NRS 33.018.

(a) Disseminate any information which is contained in the Cen(b)Central EnterRepository intoto cooperativeany agreements with repositories of the United States and other statesagency to facilitate exchanges of informationcriminal thatjustice; may be disseminated pursuant to paragraph (a);

and(b) (c)Enter Requestinto ofcooperative andagreements receivewith fromrepositories the Federal Bureau of Investigation information on the backgroundUnited States and personalother historystates ofto anyfacilitate personexchanges whose record of fingerprintsinformation orthat othermay biometricbe identifierdisseminated thepursuant Central Repository submits to theparagraph Federal(a); Bureau of Investigation and:

(1)and (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Invest(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

- *AB236_R4* – 53 – (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329;

or - 80th Session (2019) – 55 – (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

(1) Booking the person into a city or county jail or detention facility;facilit(2) Employment;

(2) Employment;

or (2) Criminal investigation,  from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.receivedreport. 8.

8.

(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the(d) Investigate the Centralcriminal Repository.history of any person who:

(d) Investigate the criminal history of any person who:

or (3) Is employed by or volunteers for a county school district, charter school or private school,  and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a - *AB236_R4* – 54 – violation of NRS 200.508, 201.230, 453.3385 [,] or 453.339 , [or - 80th Session (2019) – 56 – 453.3395,] or convicted of a felony or any offense involving moral turpitude.

or (2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,investigation,e sent  who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 [,] or 453.339 , [or 453.3395,] or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation.

(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

(g) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year.

Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of thetheg specific Department.

- *AB236_R4*80th Session (2019) – 5557 – (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction;

(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reportsrep(b) Charge a reasonable fee for any publication or special report it distributes relating to crime.data collected pursuant to this section.

(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section.

(a)10. “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric ide(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

(1)As Theused name,in driver’sthis licensesection: number, social security number, date of birth and photograph or computer-generated image of a person;

(a) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in including, without limitation:ormation, to identify a person, (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person;

In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justice court for which a fee is required and on the filing of any - 80th Session (2019) – 58 – answer or appearance in any such action or proceeding for which a fee is required.

- *AB236_R4* – 56 – 2.

The money in that account must be used only to support programs for the prevention or treatment of the [abuse] use of alcohol or drugs which may include, without limitation, anyany] use program [of] for the treatment [for the abuse] of drug or alcohol [or drugs] use established in a judicial district pursuant to [NRS 453.580.] section 20 of this act.

or (c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or elsewhere[458.300,] insection 20 of this State.act, or to access other services located els2.herA justice court may not issue an order for the transfer of a case pursuant to paragraph (b) or (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.

this act, or to access other services located 2.

A justice court may not issue an order for the transfer of a case pursuant to paragraph (b) or (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.

A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a - 80th Session (2019) – 59 – district court in this State if the defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, - *AB236_R4* – 57 – 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.

An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the district court to which the case was transferred.

at(c) theActively expenseparticipate ofin thea offender;a program of professional counseling (d)at Abstain from the useexpense of alcoholthe andoffender; controlled substances;

(d) Abstain from the use of alcohol and controlled substances;

If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person - 80th Session (2019) – 60 – for not more than 3 years upon the condition that the person actively participate in:

- *AB236_R4* – 58 – (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258;

or (c) The programs set forth in paragraphs (a) and (b),  and that the person comply with any other condition of suspension ordered by the justice of the peace.peace.dition of 3.

3.Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:

Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:

whose4. sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender conditions of suspension to the satisfaction of the justice of thehe peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

The justice of the peace may order reports from a person peace deems appropriate concerning the compliance of the offender with the conditions of suspension.

If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

- 80th Session (2019) – 61 – 2.

- *AB236_R4* – 59 – 3.

If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the justice court may, if the justice court has not established a program pursuant to NRS 176A.280 and, if appropriate,having takethe anydefendant actionassigned authorizedto:orized by law for the purpose of having(a) theA defendantprogram assignedof to:treatment established pursuant to NRS 176A.280;

(a) A program of treatment established pursuant to NRS 176A.280;

oras noted its findings (c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.

An order issued by a municipal court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to - 80th Session (2019) – 62 – which the case was transferred.

A municipal court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a district court in this State if the defendant agrees to participate in a - *AB236_R4* – 60 – program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280 [, 453.580] or [458.300,] section 20 of this act, or to access other services located elsewhere in this State.

(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

than(b) 200Engage hours;nin a program of community service, for not more (c)than Actively200 participatehours; in a program of professional counseling at (d) Abstain from the use of alcohol and controlled substances;

(c) Actively participate in a program of professional counseling at the expense of the offender;

(d) Abstain from the use of alcohol and controlled substances;

(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer - 80th Session (2019) – 63 – or any other law enforcement officer at any time of the day or night without a search warrant;

If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participatepar(a) in:A program of treatment for the [abuse] use of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;

- *AB236_R4* – 61 – (a) A program of treatment for the [abuse] use of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;

Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the municipal judge may suspend the sentence for not more than 2 years upon the condition that the person:

and (b) Comply with any other condition of suspension ordered by the The municipal judge.judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

 The municipal judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution of the Department of Health and Human Services.d Behavioral Health 4.

The municipal judge may order reports from a person whose sentence is suspended at such times as the municipal judge deems appropriate concerning the compliance of the offender with themsthe conditions of suspension.

- 80th Session (2019) – 64 – 5.

(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military;

andanddefendant if he (b) Determine whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.

- *AB236_R4* – 62 – 2.

19.03135100,000, 1.the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, except as otherwise required pursuant to NRS 19.034.

In2. a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, except as otherwise req2.redOn or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the clerk of the fees collected by the clerk of the court during the preceding monthch for credit to an account for programs for the prevention and treatment of the [abuse] use of alcohol and drugs in the county general fund.

On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the clerk of the court shall account for and pay over to the county treasurer any such fees collected by the clerk of the court during the preceding month for credit to an account for programs for the prevention and treatment of the [abuse] use of alcohol and drugs in the county - 80th Session (2019) – 65 – general fund.

Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within thethem term limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty.

- *AB236_R4* – 63 – 2.

In addition to any other penalty, the court may imposeauthorized or required by statute.,000, unless a greater fine is (d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not moreless than $10,000,1 unlessyear and a greatermaximum fineterm isof authorizednot ormore requiredthan by4 statute.years.

(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years.

(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of notnnot for a more than 4 years.

Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100 [,] or paragraph (a) of subsection 2 of NRS 453.336, upon sentencing a person who is found guilty of a - 80th Session (2019) – 66 – category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate.