Nevada Revised Statutes 4.374 – Determination if defendant is veteran or member of military; alternative program of treatment
1. As soon as possible after a defendant is arrested or cited, the justice of the peace shall attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
Terms Used In Nevada Revised Statutes 4.374
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Before accepting a plea from a defendant or proceeding to trial, the justice of the peace shall:
(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military; and
(b) Determine whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
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, take any action authorized by law for the purpose of having the defendant assigned to:
(a) A program of treatment established pursuant to NRS 176A.280; or
(b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.230 or 176A.250.
4. As used in this section:
(a) ’Member of the military’ has the meaning ascribed to it in NRS 176A.043.
(b) ’Veteran’ has the meaning ascribed to it in NRS 176A.090.