Nevada Revised Statutes 484C.394 – Court may assign offender to program; duties and powers of court; notices required to offender and Department of Motor Vehicles; eligibility for restricted driver’s license; regulations
1. A court may, as a condition of pretrial release, a sentence, a suspension of sentence or probation, assign an offender who is arrested for or found guilty of, as applicable, a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 484C.400 to the program established pursuant to NRS 484C.392.
Terms Used In Nevada Revised Statutes 484C.394
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles. See Nevada Revised Statutes 481.015
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
2. If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, the court:
(a) Shall immediately sentence the offender in accordance with NRS 484C.400 and enter judgment accordingly.
(b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for not less than 90 days.
(c) Shall advise the offender that:
(1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court will require the offender to serve the sentence imposed by the court. The sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.
(2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the sentencing conditions, including, without limitation, the mandatory period of imprisonment or community service, will be reduced, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law.
(3) The offender is eligible for a restricted driver’s license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program.
(d) May immediately revoke the suspension of sentence for a violation of a condition of suspension.
3. If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400, the court:
(a) Shall immediately sentence the offender in accordance with NRS 484C.400 and enter judgment accordingly.
(b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for not less than 1 year and require that the offender receive an assessment of whether the offender has an alcohol or other substance use disorder and any appropriate treatment.
(c) Shall advise the offender that:
(1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court will require the offender to serve the sentence imposed by the court. The sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.
(2) Except as otherwise provided in subparagraph (2) of paragraph (c) of subsection 4, if the offender participates in the program for the period determined by the court and complies with the requirements of the program, the offender’s sentence will be reduced, but the minimum mandatory term of imprisonment must not be less than 5 days, and the conviction must remain on the record of criminal history of the offender for the period prescribed by law.
(3) The offender is eligible for a restricted driver’s license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program.
(d) Shall not defer the sentence, set aside the conviction or impose conditions upon participation in the program except as otherwise provided in this section.
(e) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
4. If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:
(a) Shall immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation.
(b) Shall order the offender to participate in the program for not less than 18 months and require that the offender receive an assessment of whether the offender has an alcohol or other substance use disorder and any appropriate treatment.
(c) Shall advise the offender that:
(1) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before participating in the program.
(2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400 and sentence the offender accordingly, but the minimum mandatory term of imprisonment must not be less than 10 days, and the conviction must remain on the record of criminal history of the offender for the period prescribed by law.
(3) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply and the offender is eligible for a restricted driver’s license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program.
(d) Shall not defer the sentence or set aside the conviction upon participation in the program, except as otherwise provided in this section.
(e) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.
5. If the court assigns an offender to the program as a condition of pretrial release after his or her arrest for a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, the court shall advise the offender that:
(a) If the offender fails to participate in the program, the court may remand the offender to custody and require bond or other conditions.
(b) The offender is eligible for a restricted driver’s license pursuant to subsection 2 of NRS 483.490 while participating in and complying with the requirements of the program.
6. If a court assigns a person to the program pursuant to this section, the court shall notify the Department of Motor Vehicles that as a participant in the program, the person is eligible for a restricted driver’s license pursuant to subsection 2 of NRS 483.490. If the person fails to comply with the requirements of the program, the court may notify the Department of Motor Vehicles of the person’s noncompliance and direct the Department of Motor Vehicles to revoke the restricted license.
7. The Department of Motor Vehicles may adopt any regulations necessary to provide for the issuance of a restricted driver’s license to a person assigned to the program.
8. As used in this section, ‘imprisonment’ means confinement in jail or an inpatient rehabilitation or treatment center or other facility or under house arrest with electronic monitoring, provided the person under confinement or house arrest is in fact being detained.