NRS 174.031 Determination of eligibility; court may order defendant to complete program.

477 words·~2 min read·/nv/chapter-174-arraignment-and-preparation-for-trial/174-031·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. At the arraignment of a defendant in justice court or municipal court, but before the entry of a plea, the court may determine whether the defendant is eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032 . The court shall receive input from the prosecuting attorney and the attorney for the defendant, if any, whether the defendant would benefit from and is eligible for assignment to the program.

2. A defendant may be determined to be eligible by the court for assignment to a preprosecution diversion program if the defendant:

(a)Is charged with a misdemeanor other than:

(1)A violation of a temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100 , inclusive;

(2)A crime of violence as defined in NRS 200.408 ;

(3)A battery which constitutes domestic violence pursuant to NRS 200.485 ;

(4)Harassment pursuant to NRS 200.571 ;

(5)Stalking pursuant to NRS 200.575 ;

(6)Coercion pursuant to NRS 207.190 ;

(7)Vehicular manslaughter as described in NRS 484B.657 ;

(8)Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110 , 484C.120 or 484C.130 ; or

(9)A minor traffic offense;

(b)Has not previously been convicted of or determined to have committed:

(1)A felony or gross misdemeanor;

(2)A violation of a temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100 , inclusive;

(3)A crime of violence as defined in NRS 200.408 ;

(4)A violation of an order imposing a condition of release prohibiting contact issued pursuant to NRS 178.4845 ;

(5)A battery which constitutes domestic violence pursuant to NRS 200.485 ;

(6)Harassment pursuant to NRS 200.571 ;

(7)Stalking pursuant to NRS 200.575 ;

(8)A violent or sexual offense as defined in NRS 202.876 ;

(9)Coercion pursuant to NRS 207.190 ;

(10)Vehicular manslaughter as described in NRS 484B.657 ;

(11)Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110 , 484C.120 or 484C.130 ; or

(12)An attempt to commit an offense described in subparagraph (1), (3), (7),

(8)or (9); and

(c)Has not previously been ordered by a court to complete a preprosecution diversion program in this State.

3. If a defendant is determined to be eligible for assignment to a preprosecution diversion program pursuant to subsection 2, the justice court or municipal court may order the defendant to complete the program pursuant to subsection 5 of NRS 174.032 .

4. 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.