Nevada Revised Statutes 484A.790 – Imposition and disposition of fee for traffic violation for purpose of reducing demerit points in lieu of completing course of traffic safety; duties of court collecting such fees; use of money collected
1. Except as otherwise provided in this section, if a court authorizes a defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or who is found guilty or guilty but mentally ill of, a violation of chapters 484A to 484E, inclusive, of NRS to pay a fee for the purpose of reducing demerit points, in lieu of requiring the defendant to complete a course of traffic safety for the purpose of reducing demerit points, the court must include the fee in the sentence, in addition to any other penalty or administrative assessment provided by law, and render a judgment against the defendant for the fee.
Terms Used In Nevada Revised Statutes 484A.790
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Oversight: Committee review of the activities of a Federal agency or program.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
2. The money collected for the fee imposed pursuant to this section must not be deducted from any fine imposed by the court but must be collected from the defendant in addition to the fine. The money collected for such a fee must be stated separately on the court’s docket. If the court cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the fee remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay them. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of any amount of the fine or fee that the defendant has paid.
3. A court shall, if requested by a defendant, allow a fee imposed pursuant to this section to be paid in installments under terms established by the court.
4. The money collected for a fee pursuant to this section in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit:
(a) Twenty-five percent of the money received for each such fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
(b) Seventy-five percent of the money received for each such fee in a special revenue fund. The city may use the money in the special revenue fund only to:
(1) Fund local specialty court programs; or
(2) Pay for upgrades to court information technology.
5. The money collected for a fee pursuant to this section in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit:
(a) Twenty-five percent of the money received for each such fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
(b) Seventy-five percent of the money received for each such fee in a special revenue fund. The county may use the money in the special revenue fund only to:
(1) Fund local specialty court programs; or
(2) Pay for upgrades to court information technology.
6. Money that is apportioned to a court from specialty courts fees pursuant to this section must be used by the court to:
(a) Pay for any level of treatment, including, without limitation, psychiatric care, required for successful completion and testing of persons who participate in the program;
(b) Pay for the transportation to and from the program of persons who participate in the program; and
(c) Improve the operations of the specialty court program by any combination of:
(1) Acquiring necessary capital goods;
(2) Providing for personnel to staff and oversee the specialty court program;
(3) Providing training and education to personnel;
(4) Studying the management and operation of the program;
(5) Conducting audits of the program;
(6) Providing for prosecutor and public defender representation;
(7) Acquiring or using appropriate technology;
(8) Providing capital for building facilities necessary to house persons who participate in the program;
(9) Providing funding for employment programs for persons who participate in the program; and
(10) Providing funding for statewide public information campaigns necessary to deter driving under the influence of intoxicating liquor or a controlled substance.
7. As used in this section:
(a) ’Office of Court Administrator’ means the Office of Court Administrator created by NRS 1.320; and
(b) ’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 a mental illness or who abuse alcohol or drugs or are homeless. Such a program includes, without limitation, a program established pursuant to NRS 176A.250.