SUMMARY--Increases maximum number of hours of community service person may be required to perform. (BDR 14-377)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to community service; increasing the maximum number of hours of community service that a person may be required to perform under various circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 176.087 is hereby amended to read as follows:
176.087 1. Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised work for the benefit of the community:
(a) In lieu of all or a part of any fine or imprisonment [which] that may be imposed for the commission of a misdemeanor; or
(b) As a condition of [any] probation granted for another offense.
2. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. The following conditions apply to any such work imposed by the court:
(a) The court must fix the period of work that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue at his employment and to care for his family. The period of work fixed by the court must not exceed, for a:
(1) Misdemeanor, [120] 200 hours;
(2) Gross misdemeanor, [240] 600 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for work before the court may require him to perform work for that supervising authority. The supervising authority must be located in or be the town or city of the convicted person's residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Work that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to [it] the court or to a probation officer the convicted person's performance in carrying out the punishment or condition of probation.
Sec. 2. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than [96] 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 3. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than [96] 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 4. NRS 33.100 is hereby amended to read as follows:
33.100 1. [Any] A person who violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act [which] that constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:
(a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of [100] 200 hours of work for the community;
(b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorney's fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and [any] a minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
2. The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.
Sec. 5. NRS 62.228 is hereby amended to read as follows:
62.228 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:
(a) For the first offense:
(1) Require him to perform [100] 200 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for not more than 1 year or, if he does not possess a driver's license, prohibit the child from applying for a driver's license for not more than 1 year:
(I) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(II) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
(b) For the second offense:
(1) Require him to perform at least [100] 200 hours, but not more than [250] 600 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for not more than 2 years or, if he does not possess a driver's license, prohibit the child from applying for a driver's license for not more than 2 years:
(I) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(II) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
2. If the court issues an order suspending the driver's license of a child pursuant to this section, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
3. If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
4. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.
5. The department of motor vehicles and public safety:
(a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(b) Shall not require the child to submit to the tests and other requirements [which] that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section, unless the suspension also resulted from his poor performance as a driver.
Sec. 6. NRS 125.560 is hereby amended to read as follows:
125.560 1. [Any] A person who violates a restraining order or injunction:
(a) That is in the nature of a temporary or extended order for protection against domestic violence; and
(b) That is issued in [any] an action or proceeding brought pursuant to this Title,
is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act [which] that constitutes the violation of the order or injunction. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief [which] that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
2. If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:
(a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of [100] 200 hours of work for the community;
(b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorney's fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
3. The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.
Sec. 7. NRS 206.330 is hereby amended to read as follows:
206.330 1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
2. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, perform not less than [25] 50 hours, but not more than [49] 99 hours, of community service.
(b) For the second offense, perform not less than [50] 100 hours, but not more than [99] 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less than [100] 200 hours of community service.
The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
3. The parent or legal guardian of a person under the age of 17 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
4. If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the driver's license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all driver's licenses then held by the person. If the person does not possess a driver's license, the court may issue an order prohibiting the person from applying for a driver's license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety any licenses together with a copy of the order.
5. The department of motor vehicles and public safety:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver's license pursuant to this section to an insurance company or its agent inquiring about the person's driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
6. [Any] A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.
Sec. 8. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform [48] 96 hours of work for the community while dressed in distinctive garb [which] that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months,
in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than $500 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. [Any offense which] An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. [Any] A term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a driver's license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, "offense" means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction [which] that prohibits the same or similar conduct.
Sec. 9. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:
(a) He is classified as an alcoholic or abuser of drugs by a:
(1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician certified to make that classification by the board of medical examiners;
(b) He agrees to pay the costs of the treatment; and
(c) He has served or will serve a term of imprisonment in jail of:
(1) One day, or has performed or will perform [24] 48 hours of work for the community, if it is his first offense within 7 years; or
(2) Five days , and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community, if it is his second offense within 7 years.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.
3. At the hearing on the application for treatment , the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.
4. In granting an application for treatment , the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment not provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of [any] a condition of the suspension.
6. The court shall notify the department, on a form approved by the department, upon granting the offender's application for treatment and his failure to be accepted for or complete treatment.
Sec. 10. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 11. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.