SUMMARY--Requires offender convicted of driving under influence of intoxicating liquor or controlled substance for first time to be placed in program of treatment under certain circumstances. (BDR 43-911)
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 traffic laws; requiring an offender convicted of driving under the influence of an intoxicating liquor or controlled substance for the first time to be placed in a program of treatment for alcoholism or drug abuse under certain 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 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377 or NRS 484.3795 [or subsection 2 of NRS 484.377] or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required [under] by the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department [under] pursuant to NRS 483.010 to 483.630, inclusive, or [under] pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege [.] to drive.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 or section 3 of this act, the department shall reduce by [half] one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege to drive of a [driver] person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 1 year , if it is his first such offense during the period of required use of the device.
(b) For 5 years , if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, ordered the suspension or delay in the issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in the issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 2 NRS 483.560 is hereby amended to read as follows:
483.560 1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver's license has been canceled, revoked or suspended is guilty of a misdemeanor.
2. Except as otherwise provided in this subsection, if the license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795 [,] or 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be:
(a) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or
(b) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.
[No] A person who is punished under this subsection may not be granted probation and [no] a sentence imposed for such a violation may not be suspended. [No] A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason , unless [,] in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.
3. [Any] A term of imprisonment imposed [under] pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed [under] pursuant to this section and NRS 484.3792 or 484.3794 or section 3 of this act must run consecutively.
5. The department, upon receiving a record of the conviction or punishment of any person [under] pursuant to this section upon a charge of driving a vehicle while his license was:
(a) Suspended , shall extend the period of the suspension for an additional like period.
(b) Revoked , shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted , shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
Suspensions and revocations [under] pursuant to this section must run consecutively.
Sec. 3 Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year. The court shall authorize such treatment if:
(a) The person 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 cost of the treatment; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of work for the community.
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 any traffic violation involving the use of intoxicating liquor or a controlled substance, including, 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; or
(d) A violation of the law of any other jurisdiction that prohibits the same or similar conduct as the conduct prohibited pursuant to NRS 484.379 or 484.3795.
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 question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
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 the court.
5. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender 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 he 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 fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
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 except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
7. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 4 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,] section 3 of this act, 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,] section 3 of this act, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which 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; and
(3) 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] shall 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 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, and section 3 of this act, 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 term of confinement imposed [under] pursuant to 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 or section 3 of this act 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] pursuant to 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 the State of Nevada and does not reside in the State of 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 a 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 prohibits the same or similar conduct.
Sec. 5 NRS 484.3793 is hereby amended to read as follows:
484.3793 As used in NRS 484.3793 to 484.37947, inclusive [:] , and section 3 of this act:
1. "Evaluation center" means a facility which is approved by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation to provide an evaluation of an offender to a court in order to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.
2. "Treatment facility" means a facility for the treatment of abuse of alcohol or drugs, which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation. Sec. 6 NRS 484.37935 is hereby amended to read as follows:
484.37935 The bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484.3794, 484.37943 and 484.37945 [.] and section 3 of this act.
Sec. 7 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.] 5 days.
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 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; or
(d) A violation of the law of any other jurisdiction that prohibits the same or similar conduct prohibited pursuant to NRS 484.379 or 484.3795.
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] upon the request of 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] the court.
5. If the court grants an application for treatment , the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender 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 he 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] must remain 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] except as 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 of the offender for treatment and his failure to be accepted for or complete treatment.