SUMMARY--Makes prior conviction of person for driving under influence of alcohol or controlled substance in any jurisdiction factor in determining eligibility for participation in certain programs for treatment of alcoholism and drug abuse. (BDR 43-368)
FISCAL NOTE: Effect on Local Government: Yes.
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 traffic laws; making the prior conviction of a person for driving under the influence of alcohol or a controlled substance in any jurisdiction a factor in determining eligibility for participation in certain programs for the treatment of alcoholism and drug abuse; 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 484.3794 is hereby amended to read as follows:
484.3794 1. [A] Except as otherwise provided in subsection 2, 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] before 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 hours of work for the community, if it is his first offense within 7 years; or
(2) Five days if it is his second offense within 7 years.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of two or more traffic violations involving the use of an intoxicating liquor or a controlled substance, which include, without limitation:
(a) A violation of NRS 484.379.
(b) A violation of NRS 484.3795.
(c) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(d) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c).
3. 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.] 4. 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]
5. If the court determines that an application for treatment should be granted, 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.] 6. 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 condition of the suspension.
[6.] 7. 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. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of local government that are related to the provisions of this act.