NRS 174.032 Establishment of program; terms and conditions.

613 words·~3 min read·/nv/chapter-174-arraignment-and-preparation-for-trial/174-032·

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

1. A justice court or municipal court may establish a preprosecution diversion program to which it may assign a defendant if he or she is determined to be eligible pursuant to NRS 174.031 .

2. If a defendant is determined to be eligible for assignment to a preprosecution diversion program pursuant to NRS 174.031 , the justice or municipal court must receive input from the prosecuting attorney, the attorney for the defendant, if any, and the defendant relating to the terms and conditions for the defendant’s participation in the program.

3. A preprosecution diversion program established by a justice court or municipal court pursuant to this section may include, without limitation:

(a)A program of treatment which may rehabilitate a defendant, including, without limitation, educational programs, participation in a support group, anger management therapy, counseling, a program of treatment for veterans and members of the military, mental illness or intellectual disabilities or the use of alcohol or other substances or a program of treatment to assist homeless persons;

(b)Any appropriate sanctions to impose on a defendant, which may include, without limitation, community service, restitution, prohibiting contact with certain persons or the imposition of a curfew; and

(c)Any other factor which may be relevant to determining an appropriate program of treatment or sanctions to require for participation of a defendant in the preprosecution diversion program.

4. If the justice court or municipal court determines that a defendant may be rehabilitated by a program of treatment for veterans and members of the military, persons with mental illness or intellectual disabilities or the use of alcohol or other substances, the court may refer the defendant to an appropriate program of treatment established pursuant to NRS 176.016 , 176A.230 , 176A.250 or 176A.280 . The court shall retain jurisdiction over the defendant while the defendant completes such a program of treatment.

5. The justice court or municipal court shall, when assigning a defendant to a preprosecution diversion program, issue an order setting forth the terms and conditions for successful completion of the preprosecution diversion program, which may include, without limitation:

(a)Any program of treatment the defendant is required to complete;

(b)Any sanctions and the manner in which they must be carried out by the defendant;

(c)The date by which the terms and conditions must be completed by the defendant, which must not be more than 18 months after the date of the order;

(d)A requirement that the defendant appear before the court at least one time every 3 months for a status hearing on the progress of the defendant toward completion of the terms and conditions set forth in the order; and

(e)A notice relating to the provisions of subsection 3 of NRS 174.033 .

6. A defendant assigned to a preprosecution diversion program shall pay the cost of any program of treatment required by this section to the extent of his or her financial resources. The court shall not refuse to place a defendant in a program of treatment if the defendant does not have the financial resources to pay any or all of the costs of such program.

7. If restitution is ordered to be paid pursuant to subsection 5, the defendant must make a good faith effort to pay the required amount of restitution in full. If the justice court or municipal court determines that a defendant is unable to pay such restitution, the court must require the defendant to enter into a judgment by confession for the amount of restitution.

8. As used in this section, “homeless person” has the meaning ascribed to it in NRS 176.016 .