SUMMARY--Revises procedure for evaluation of person convicted of driving under influence of intoxicating liquor or controlled substance to determine whether he is abuser of alcohol or other drugs. (BDR 43-341)
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; authorizing the evaluation of a person convicted of driving under the influence of an intoxicating liquor or a controlled substance to determine whether he is an abuser of alcohol or other drugs to be conducted outside an evaluation center or this state 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:
~^
Section 1 NRS 484.37943 is hereby amended to read as follows:
484.37943 1. If a person is found guilty of a first violation, if the weight of alcohol in the defendant's blood at the time of the offense was 0.18 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender [:
(a) Require the] , require an evaluation of the offender [by an evaluation center] pursuant to subsection 3, 4 or 5 to determine [if] whether he is an abuser of alcohol or other drugs . [; and
(b) Order the offender to pay an assessment of not more than $100 and render a judgment against him for the assessment.]
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require [the] an evaluation of the offender [by an evaluation center] pursuant to subsection 3, 4 or 5 to determine [if] whether he is an abuser of alcohol or other drugs.
3. [The] Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that [classification] evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A physician certified to make that [classification] evaluation by the board of medical examiners; or
(c) A person who is approved to make that [classification] evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required [by] for the offender.
4. [The money collected as an assessment pursuant to this section must:
(a) Not be deducted from any fine imposed;
(b) Be taxed against the offender in addition to the fine;
(c) Be stated separately on the court's docket; and
(d) Be expended to offset the cost of the evaluation required by this section, including, but not limited to, the cost of staffing the evaluation center, equipment used at the center and maintaining the center.] The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec. 2 NRS 484.37945 is hereby amended to read as follows:
484.37945 1. When a program of treatment is ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for not less than 30 days nor more than 6 months, in accordance with the report submitted to the court pursuant to subsection 3 , 4 or 5 of NRS 484.37943. The court may:
(a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all of those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment facility is not liable for any damages to person or property caused by a person who drives while under the influence of intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.