SB 17 — Revises provisions relating to specialty courts. (BDR 14-474)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2025) FIRST REPRINT S.B.

1717–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

17–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) P REFILED N OVEMBER 4, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to specialty courts.

(BDR 14-474) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law establishes a preprosecution diversion program for certain persons who have been accused of committing certain crimes which are punishable as a misdemeanor.

(1) been chargeddetermined withto have committed certain misdemeanors;criminal offenses.een convicted of or Existing law establishes a program for the treatment of alcohol or other substance use disorders to which a court may assign certain persons.

andThe (2)program previouslyis beenmodeled convictedafter the provisions of orlaw determinedgoverning tothe haveprograms committedfor certainthe criminaltreatment offenses.of mental illness and intellectual disabilities and for the treatment of veterans and members of the military.

Existing(NRS law176A.230) establishesSections a2-4 program for the treatment of alcoholthis orbill otherclarify isthat modeleda afterprogram the provisions of law governing the programs for the treatment of mentalalcohol illnessor andother intellectualsubstance disabilitiesuse anddisorders. for the treatment of veterans and members of the military.

(NRSSection 176A.230)3lish Sectionsa 2-4also ofauthorizes this bill clarify that a district court, justice court orto municipalprovisionally courtrefer eacha hasdefendant the authority to establish a program for the treatment of alcohol or other substance use disorders.disorders, pending the outcome of a clinical assessment or substance use assessment.

SectionEXPLANATION 3 also authorizes a court to provisionally refer a defendant to a program for the clinical assessment or substance use assessment.rders, pending the outcome of a - *SB17_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 83rd Session (2025) – 2 – (1) A violation of a temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive;

(2)] as defined in NRS 200.408;

(1) Convicted of violating any criminal law other than a minor traffic offense;

orolatingor any criminal law other than a (2) Ordered by a court to complete a preprosecution diversion program in this State.] convicted of or determined to have committed:

(4) A violation of an order imposing a condition of release prohibitingprohib(5) contactA issuedbattery which constitutes domestic violence pursuant to NRS 178.4845;200.485;

(5)(6) AHarassment battery which constitutes domestic violence pursuant to NRS 200.485;200.571;

- *SB17_R1* – 3 – (6) Harassment pursuant to NRS 200.571;

- 83rd Session (2025) – 3 – 3.

4.diversion program or to appeal the decision of the justice court or municipal court relating to the participation of the defendant in such a program.

A defendant has no right to complete a preprosecution diversion program or to appeal the decision of the justice court or municipal court relating to the participation of the defendant in such a program.

(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 program - *SB17_R1* – 4 – established pursuant to NRS 176A.230 if the court determines that the defendant is eligible for participation in such a program;

- 83rd Session (2025) – 4 – [(a)] (1) After an in-person clinical assessment by:

or [(2)] (II) A duly licensed physician qualified by the Board of Medical[(b)] Examiners(2) Pursuant to makea suchsubstance ause diagnosis;assessment [.] ;

or [(b)] (2) Pursuant to a substance use assessment [.] ;

Except as otherwise provided in subsection 8, upon fulfillmentful(a) ofShall discharge the termsdefendant and conditions,dismiss the court:proceedings or set aside the judgment of conviction, as applicable, unless the defendant:

(a) Shall discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, unless the defendant:

or - *SB17_R1* – 5 – (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- or83rd forSession purposes(2025) of– employment,5 civil– rights or any statute or regulation or license or questionnaire or for any other public ore or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.

If a court conditionally dismisses the charges or sets aside the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but is 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.240, [the] a justice court, municipal courtcourtissed - *SB17_R1* – 6 – or district 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 Division.

- 83rd Session (2025) – 6 – 2.

If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS conditionally176A.240, dismissednot orsooner thethan judgment7 ofyears convictionafter isthe setcharges asideare 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 custody of such other agencies and officers as are named in the court’s order be sealed.