AB29_EN

Assembly Bill No. 29–Committee on Judiciary

CHAPTER..........

AN ACT relating to criminal procedure; providing for an additional administrative assessment to be collected in cases involving a misdemeanor to pay for certain specialty court programs established by courts; increasing the amount of certain administrative assessments; providing procedures for forfeiture of any undertaking or money deposited instead of bail bond; requiring the Court Administrator to submit a report concerning certain specialty court programs; 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. Chapter 176 of NRS is hereby amended to read as

follows:

1. The justices or judges of the justices’ or municipal courts

shall impose, in addition to an administrative assessment imposed

pursuant to NRS 176.059 and 176.0611, an administrative

assessment for the provision of specialty court programs.

2. Except as otherwise provided in subsection 3, when a

defendant pleads guilty or is found guilty of a misdemeanor,

including the violation of any municipal ordinance, the justice or

judge shall include in the sentence the sum of $7 as an

administrative assessment for the provision of specialty court

programs and render a judgment against the defendant for the

assessment. If a defendant is sentenced to perform community

service in lieu of a fine, the sentence must include the

administrative assessment required pursuant to this subsection.

3. The provisions of subsection 2 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance which is specifically designated as imposing

a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrative assessment for

the provision of specialty court programs must not be deducted

from the fine imposed by the justice or judge but must be taxed

against the defendant in addition to the fine. The money collected

for such an administrative assessment must be stated separately

on the court’s docket and must be included in the amount posted

for bail. If bail is forfeited, the administrative assessment included

in the bail pursuant to this subsection must be disbursed pursuant

to subsection 6 or 7. If the defendant is found not guilty or the

charges are dismissed, the money deposited with the court must be

returned to the defendant. If the justice or judge cancels a fine

because the fine has been determined to be uncollectible, any

balance of the fine and the administrative assessment remaining

unpaid shall be deemed to be uncollectible and the defendant is

not required to pay it. If a fine is determined to be uncollectible,

the defendant is not entitled to a refund of the fine or

administrative assessment he has paid and the justice or judge

shall not recalculate the administrative assessment.

5. If the justice or judge permits the fine and administrative

assessment for the provision of specialty court programs to be

paid in installments, the payments must be applied in the

following order:

(a) To pay the unpaid balance of an administrative assessment

imposed pursuant to NRS 176.059;

(b) To pay the unpaid balance of an administrative assessment

for the provision of court facilities pursuant to NRS 176.0611;

for the provision of specialty court programs; and

(d) To pay the fine.

6. The money collected for an administrative assessment for

the provision of specialty court programs in municipal court must

be paid by the clerk of the court to the city treasurer on or before

the fifth day of each month for the preceding month. On or before

the 15th day of that month, the city treasurer shall deposit the

money received for each administrative assessment with the State

Controller for credit to a special account in the State General

Fund administered by the Office of Court Administrator.

7. The money collected for an administrative assessment for

the provision of specialty court programs in justices’ courts must

be paid by the clerk of the court to the county treasurer on or

before the fifth day of each month for the preceding month. On or

before the 15th day of that month, the county treasurer shall

deposit the money received for each administrative assessment

with the State Controller for credit to a special account in the

State General Fund administered by the Office of Court

Administrator.

8. The Office of Court Administrator shall allocate the money

credited to the State General Fund pursuant to subsections 6 and

7 to courts to assist with the funding or establishment of specialty

court programs.

9. Money that is apportioned to a court from administrative

assessments for the provision of specialty court programs must be

used by the court to:

(a) Pay for the treatment and testing of persons who

participate in the program; and

(b) Improve the operations of the specialty court program by

any combination of:

(1) Acquiring necessary capital goods;

(2) Providing for personnel to staff and oversee the

specialty court program;

(3) Providing training and education to personnel;

(4) Studying the management and operation of the

program;

(5) Conducting audits of the program;

(6) Supplementing the funds used to pay for judges to

oversee a specialty court program; or

(7) Acquiring or using appropriate technology.

10. As used in this section:

(a) “Office of Court Administrator” means the Office of Court

Administrator created pursuant to NRS 1.320; and

(b) “Specialty court program” means a program established by

a court to facilitate testing treatment and oversight of certain

persons over whom the court has jurisdiction and who the court

has determined suffers from a mental illness or abuses alcohol or

drugs. Such a program includes, without limitation, a program

established pursuant to NRS 176A.250 or 453.580.

Sec. 2. NRS 176.059 is hereby amended to read as follows:

176.059 1. Except as otherwise provided in subsection 2,

when a defendant pleads guilty or guilty but mentally ill or is found

guilty of a misdemeanor, including the violation of any municipal

ordinance, the justice or judge shall include in the sentence the sum

prescribed by the following schedule as an administrative

assessment and render a judgment against the defendant for the

assessment:

Fine Assessment

$5 to $49................................... [$15] $25

50 to 59......................................... [30] 40

60 to 69......................................... [35] 45

70 to 79......................................... [40] 50

80 to 89......................................... [45] 55

90 to 99......................................... [50] 60

100 to 199..................................... [60] 70

200 to 299..................................... [70] 80

300 to 399..................................... [80] 90

400 to 499................................... [90] 100

500 to 1,000............................. [105] 115

If the justice or judge sentences the defendant to perform

community service in lieu of a fine, the justice or judge shall

include in the sentence the amount of the administrative

assessment that corresponds with the fine for which the defendant

would have been responsible as prescribed by the schedule in this

subsection.

2. The provisions of subsection 1 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance which is specifically designated as imposing a

civil penalty or liability pursuant to NRS 244.3575 or 268.019.

3. The money collected for an administrative assessment must

not be deducted from the fine imposed by the justice or judge but

must be taxed against the defendant in addition to the fine. The

money collected for an administrative assessment must be stated

separately on the court’s docket and must be included in the amount

posted for bail. If bail is forfeited, the administrative assessment

included in the amount posted for bail pursuant to this subsection

must be disbursed in the manner set forth in subsection 5 or 6. If

the defendant is found not guilty or the charges are dismissed, the

money deposited with the court must be returned to the defendant.

If the justice or judge cancels a fine because the fine has been

determined to be uncollectible, any balance of the fine and the

administrative assessment remaining unpaid shall be deemed to be

uncollectible and the defendant is not required to pay it. If a fine is

determined to be uncollectible, the defendant is not entitled to a

refund of the fine or administrative assessment he has paid and the

justice or judge shall not recalculate the administrative assessment.

4. If the justice or judge permits the fine and administrative

assessment to be paid in installments, the payments must be first

applied to the unpaid balance of the administrative assessment. The

city treasurer shall distribute partially collected administrative

assessments in accordance with the requirements of subsection 5.

The county treasurer shall distribute partially collected

administrative assessments in accordance with the requirements of

subsection 6.

5. The money collected for administrative assessments in

municipal court must be paid by the clerk of the court to the city

treasurer on or before the fifth day of each month for the preceding

month. The city treasurer shall distribute, on or before the 15th day

of that month, the money received in the following amounts for

each assessment received:

(a) Two dollars to the county treasurer for credit to a special

account in the county general fund for the use of the county’s

juvenile court or for services to juvenile offenders. Any money

remaining in the special account after 2 fiscal years must be

deposited in the county general fund if it has not been committed

for expenditure. The county treasurer shall provide, upon request by

a juvenile court, monthly reports of the revenue credited to and

expenditures made from the special account.

(b) Seven dollars for credit to a special revenue fund for the use

of the municipal courts. Any money remaining in the special

revenue fund after 2 fiscal years must be deposited in the municipal

general fund if it has not been committed for expenditure. The city

treasurer shall provide, upon request by a municipal court, monthly

reports of the revenue credited to and expenditures made from the

special revenue fund.

credit to a special account in the State General Fund.

6. The money collected for administrative assessments in

justices’ courts must be paid by the clerk of the court to the county

treasurer on or before the fifth day of each month for the preceding

month. The county treasurer shall distribute, on or before the 15th

day of that month, the money received in the following amounts for

each assessment received:

(a) Two dollars for credit to a special account in the county

general fund for the use of the county’s juvenile court or for

services to juvenile offenders. Any money remaining in the special

account after 2 fiscal years must be deposited in the county general

fund if it has not been committed for expenditure. The county

treasurer shall provide, upon request by a juvenile court, monthly

reports of the revenue credited to and expenditures made from the

special account.

(b) Seven dollars for credit to a special revenue fund for the use

of the justices’ courts. Any money remaining in the special revenue

fund after 2 fiscal years must be deposited in the county general

fund if it has not been committed for expenditure. The county

treasurer shall provide, upon request by a justice’s court, monthly

reports of the revenue credited to and expenditures made from the

special revenue fund.

credit to a special account in the State General Fund.

7. The money apportioned to a juvenile court, a justice’s court

or a municipal court pursuant to this section must be used, in

addition to providing services to juvenile offenders in the juvenile

court, to improve the operations of the court, or to acquire

appropriate advanced technology or the use of such technology, or

both. Money used to improve the operations of the court may

include expenditures for:

(a) Training and education of personnel;

(b) Acquisition of capital goods;

(d) Audits.

8. Of the total amount deposited in the State General Fund

pursuant to subsections 5 and 6, the State Controller shall distribute

the money received to the following public agencies in the

following manner:

(a) Not less than 51 percent to the Office of [the] Court

Administrator for allocation as follows:

(1) Eighteen and one‑half percent of the amount distributed

to the Office of [the] Court Administrator for the administration of

the courts.

(2) Nine percent of the amount distributed to the Office of

[the] Court Administrator for the development of a uniform system

for judicial records.

(3) Nine percent of the amount distributed to the Office of

[the] Court Administrator for continuing judicial education.

(4) Sixty percent of the amount distributed to the Office of

[the] Court Administrator for the Supreme Court.

(5) Three and one-half percent of the amount distributed to

the Office of [the] Court Administrator for the payment for the

services of retired justices and retired district judges.

(b) Not more than 49 percent must be used to the extent of

legislative authorization for the support of:

(1) The Central Repository for Nevada Records of Criminal

History;

(2) The Peace Officers’ Standards and Training Commission;

(3) The operation by the Nevada Highway Patrol of a

computerized switching system for information related to law

enforcement;

(4) The Fund for the Compensation of Victims of Crime; and

(5) The Advisory Council for Prosecuting Attorneys.

9. As used in this section [, “juvenile] :

(a) “Juvenile court” means:

[(a)] (1) In any judicial district that includes a county whose

population is 100,000 or more, the family division of the district

court; or

[(b)] (2) In any other judicial district, the juvenile division of

the district court.

(b) “Office of Court Administrator” means the Office of Court

Administrator created pursuant to NRS 1.320.

Sec. 3. NRS 176.0611 is hereby amended to read as follows:

176.0611 1. A county or a city, upon recommendation of the

appropriate court, may, by ordinance, authorize the justices or

judges of the justices’ or municipal courts within its jurisdiction to

impose for not longer than 25 years, in addition to [an

administrative assessment] the administrative assessments imposed

pursuant to NRS 176.059[,] and section 1 of this act, an

administrative assessment for the provision of court facilities.

2. Except as otherwise provided in subsection 3, in any

jurisdiction in which an administrative assessment for the provision

of court facilities has been authorized, when a defendant pleads

guilty or guilty but mentally ill or is found guilty of a misdemeanor,

including the violation of any municipal ordinance, the justice or

judge shall include in the sentence the sum of $10 as an

administrative assessment for the provision of court facilities and

render a judgment against the defendant for the assessment. If the

justice or judge sentences the defendant to perform community

service in lieu of a fine, the justice or judge shall include in the

sentence the administrative assessment required pursuant to this

subsection.

3. The provisions of subsection 2 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance that is specifically designated as imposing a

civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrative assessment for

the provision of court facilities must not be deducted from the fine

imposed by the justice or judge but must be taxed against the

defendant in addition to the fine. The money collected for such an

administrative assessment must be stated separately on the court’s

docket and must be included in the amount posted for bail. If bail is

forfeited, the administrative assessment included in the amount

posted for bail pursuant to this subsection must be disbursed in

the manner set forth in subsection 6 or 7. If the defendant is found

not guilty or the charges are dismissed, the money deposited with

the court must be returned to the defendant. If the justice or judge

cancels a fine because the fine has been determined to be

uncollectible, any balance of the fine and the administrative

assessment remaining unpaid shall be deemed to be uncollectible

and the defendant is not required to pay it. If a fine is determined to

be uncollectible, the defendant is not entitled to a refund of the fine

or administrative assessment he has paid and the justice or judge

shall not recalculate the administrative assessment.

5. If the justice or judge permits the fine and administrative

assessment for the provision of court facilities to be paid in

installments, the payments must be applied in the following order:

(a) To pay the unpaid balance of an administrative assessment

imposed pursuant to NRS 176.059;

(b) To pay the unpaid balance of an administrative assessment

for the provision of court facilities pursuant to this section; [and]

for the provision of specialty court programs pursuant to section 1

of this act; and

(d) To pay the fine.

6. The money collected for administrative assessments for the

provision of court facilities in municipal courts must be paid by the

clerk of the court to the city treasurer on or before the fifth day of

each month for the preceding month. The city treasurer shall

deposit the money received in a special revenue fund. The city may

use the money in the special revenue fund only to:

(a) Acquire land on which to construct additional facilities for

the municipal courts or a regional justice center that includes the

municipal courts.

(b) Construct or acquire additional facilities for the municipal

courts or a regional justice center that includes the municipal

courts.

(d) Acquire furniture, fixtures and equipment necessitated by the

construction or acquisition of additional facilities or the renovation

of an existing facility for the municipal courts or a regional justice

center that includes the municipal courts. This paragraph does not

authorize the expenditure of money from the fund for furniture,

fixtures or equipment for judicial chambers.

(e) Acquire advanced technology for use in the additional or

renovated facilities.

(f) Pay debt service on any bonds issued pursuant to subsection

3 of NRS 350.020 for the acquisition of land or facilities or the

construction or renovation of facilities for the municipal courts or a

regional justice center that includes the municipal courts.

Any money remaining in the special revenue fund after 5 fiscal

years must be deposited in the municipal general fund for the

continued maintenance of court facilities if it has not been

committed for expenditure pursuant to a plan for the construction or

acquisition of court facilities or improvements to court facilities.

The city treasurer shall provide, upon request by a municipal court,

monthly reports of the revenue credited to and expenditures made

from the special revenue fund.

7. The money collected for administrative assessments for the

provision of court facilities in justices’ courts must be paid by the

clerk of the court to the county treasurer on or before the fifth day

of each month for the preceding month. The county treasurer shall

deposit the money received to a special revenue fund. The county

may use the money in the special revenue fund only to:

(a) Acquire land on which to construct additional facilities for

the justices’ courts or a regional justice center that includes the

justices’ courts.

(b) Construct or acquire additional facilities for the justices’

courts or a regional justice center that includes the justices’ courts.

courts.

(d) Acquire furniture, fixtures and equipment necessitated by the

construction or acquisition of additional facilities or the renovation

of an existing facility for the justices’ courts or a regional justice

center that includes the justices’ courts. This paragraph does not

authorize the expenditure of money from the fund for furniture,

fixtures or equipment for judicial chambers.

(e) Acquire advanced technology for use in the additional or

renovated facilities.

(f) Pay debt service on any bonds issued pursuant to subsection

3 of NRS 350.020 for the acquisition of land or facilities or the

construction or renovation of facilities for the justices’ courts or a

regional justice center that includes the justices’ courts.

Any money remaining in the special revenue fund after 5 fiscal

years must be deposited in the county general fund for the

continued maintenance of court facilities if it has not been

committed for expenditure pursuant to a plan for the construction or

acquisition of court facilities or improvements to court facilities.

The county treasurer shall provide, upon request by a justice’s

court, monthly reports of the revenue credited to and expenditures

made from the special revenue fund.

8. If money collected pursuant to this section is to be used to

acquire land on which to construct a regional justice center, to

construct a regional justice center or to pay debt service on bonds

issued for these purposes, the county and the participating cities

shall, by interlocal agreement, determine such issues as the size of

the regional justice center, the manner in which the center will be

used and the apportionment of fiscal responsibility for the center.

Sec. 4. NRS 178.502 is hereby amended to read as follows:

178.502 1. A person required or permitted to give bail shall

execute a bond for his appearance. The magistrate or court or judge

or justice, having regard to the considerations set forth in NRS

178.498, may require one or more sureties or may authorize the

acceptance of cash or bonds or notes of the United States in an

amount equal to or less than the face amount of the bond.

2. Any bond or undertaking for bail must provide that the bond

or undertaking [extends, for a period of at least 1 year unless bail is

exonerated earlier pursuant to the provisions of subsection 4,] :

(a) Extends to any action or proceeding in a justice’s court,

municipal court or district court:

[(a)] (1) Arising from the charge on which bail was first given

in any of these courts; and

[(b)] (2) Arising from a later charge, filed before the expiration

of the periods provided in subsection 4, which is substantially

similar to the charge upon which bail was first given and is based

upon the same act or omission as that charge [.] ; and

(b) Remains in effect until exonerated by the court.

This subsection does not require that any bond or undertaking

extend to proceedings on appeal.

3. If an action or proceeding against a defendant who has been

admitted to bail is transferred to another trial court, the bond or

undertaking must be transferred to the clerk of the court to which

the action or proceeding has been transferred.

4. If the action or proceeding against a defendant who has been

admitted to bail is dismissed, the bail must not be exonerated until a

period of 30 days has elapsed from the entry of the order of

dismissal unless the defendant requests that bail be exonerated

before the expiration of the 30-day period. If no formal action or

proceeding is instituted against a defendant who has been admitted

to bail, the bail must not be exonerated until a period of 30 days has

elapsed from the day the bond or undertaking is posted unless the

defendant requests that bail be exonerated before the expiration of

the 30-day period.

5. If, within the periods provided in subsection 4, the defendant

is charged with a public offense arising out of the same act or

omission supporting the charge upon which bail was first given, the

prosecuting attorney shall forthwith notify the clerk of the court

where the bond was posted, the bail must be applied to the public

offense later charged, and the bond or undertaking must be

transferred to the clerk of the appropriate court. Within 10 days

after its receipt, the clerk of the court to whom the bail is

transferred shall mail notice of the transfer to the surety on the bond

and the bail agent who executed the bond.

6. Bail given originally on appeal must be deposited with the

magistrate or the clerk of the court from which the appeal is taken.

Sec. 5. NRS 178.508 is hereby amended to read as follows:

178.508 1. If the defendant fails to appear when his presence

in court is lawfully required for the commission of a misdemeanor

and the failure to appear is not excused or is lawfully required for

the commission of a gross misdemeanor or felony, the court shall:

(a) Enter upon its minutes that the defendant failed to appear;

(b) Not later than 45 days after the date on which the defendant

failed to appear, order the issuance of a warrant for the arrest of the

defendant; and

of bail bond exceeds $500, direct that each surety and the local

agent of each surety, or the depositor if he is not the defendant, be

given notice that the defendant has failed to appear, by certified

mail within 20 days after the date on which the defendant failed to

appear. The court shall execute an affidavit of such mailing to be

kept as an official public record of the court and shall direct that a

copy of the notice be transmitted to the prosecuting attorney at the

same time that notice is given to each surety or the depositor.

2. Except as otherwise provided in subsection 3 and NRS

178.509, [the] an order of forfeiture of any undertaking or money

deposited instead of bail bond must be prepared by the clerk of

court and signed by the court. An order of forfeiture must include

the date on which the forfeiture becomes effective. If the

defendant who failed to appear has been charged with the

commission of a gross misdemeanor or felony, a copy of the order

must be forwarded to the Office of Court Administrator. The

undertaking or money deposited instead of bail bond is forfeited

180 days after the date on which the notice is mailed pursuant to

subsection 1.

3. The court may extend the date of the forfeiture for any

reasonable period set by the court if the surety or depositor submits

to the court:

(a) An application for an extension and the court determines that

the surety or the depositor is making reasonable and ongoing efforts

to bring the defendant before the court.

(b) An application for an extension on the ground that the

defendant is temporarily prevented from appearing before the court

because the defendant:

(1) Is ill;

(2) Is insane; or

(3) Is being detained by civil or military authorities,

and the court, upon hearing the matter, determines that one or more

of the grounds described in this paragraph exist and that the surety

or depositor did not in any way cause or aid the absence of the

defendant.

Sec. 6. NRS 178.512 is hereby amended to read as follows:

178.512 1. The court shall not set aside a forfeiture unless:

[1.] (a) The surety submits an application to set it aside on the

ground that the defendant:

[(a)] (1) Has appeared before the court since the date of the

forfeiture and has presented a satisfactory excuse for his absence;

[(b)] (2) Was dead before the date of the forfeiture but the

surety did not know and could not reasonably have known of his

death before that date;

[(c)] (3) Was unable to appear before the court before the date

of the forfeiture because of his illness or his insanity, but the surety

did not know and could not reasonably have known of his illness or

insanity before that date;

[(d)] (4) Was unable to appear before the court before the date

of the forfeiture because he was being detained by civil or military

authorities, but the surety did not know and could not reasonably

have known of his detention before that date; or

[(e)] (5) Was unable to appear before the court before the date

of the forfeiture because he was deported, but the surety did not

know and could not reasonably have known of his deportation

before that date,

and the court, upon hearing the matter, determines that one or more

of the grounds described in this subsection exist and that the surety

did not in any way cause or aid the absence of the defendant; and

[2.] (b) The court determines that justice does not require the

enforcement of the forfeiture.

2. If the court sets aside a forfeiture pursuant to subsection 1

and the forfeiture includes any undertaking or money deposited

instead of bail bond where the defendant has been charged with a

gross misdemeanor or felony, the court shall make a written

finding in support of setting aside the forfeiture. The court shall

mail a copy of the order setting aside the forfeiture to the Office

of Court Administrator immediately upon entry of the order.

Sec. 7. NRS 178.514 is hereby amended to read as follows:

178.514 1. When a forfeiture has not been set aside, the court

shall on motion enter a judgment of default and execution may

issue thereon.

2. If the Office of Court Administrator has not received an

order setting aside a forfeiture within 180 days after the issuance

of the order of forfeiture, the Court Administrator shall request

that the court that ordered the forfeiture institute proceedings to

enter a judgment of default with respect to the amount of the

undertaking or money deposited instead of bail bond with the

court. Not later than 30 days after receipt of the request from

the Office of Court Administrator, the court shall enter judgment

by default and commence execution proceedings therein.

3. By entering into a bond the obligors submit to the

jurisdiction of the court and irrevocably appoint the clerk of the

court as their agent upon whom any papers affecting their liability

may be served. Their liability may be enforced on motion and such

notice of the motion as the court prescribes may be served on the

clerk of the court, who shall forthwith mail copies to the obligors to

their last known addresses.

Sec. 8. NRS 178.518 is hereby amended to read as follows:

178.518 Money collected pursuant to NRS 178.506 to 178.516,

inclusive, which was collected:

1. From a person who was charged with a misdemeanor must

be paid over to the county treasurer.

2. From a person who was charged with a gross misdemeanor

or a felony must be paid over to the State Controller for deposit in

the [Fund for the Compensation of Victims of Crime.] State

General Fund for distribution in the following manner:

(a) Ninety percent for credit to the Fund for the Compensation

of Victims of Crime; and

(b) Ten percent for credit to the special account established

pursuant to section 1 of this act to assist with funding and

establishing specialty court programs.

Sec. 9. NRS 179.225 is hereby amended to read as follows:

179.225 1. If the punishment of the crime is the confinement

of the criminal in prison, the expenses must be paid from money

appropriated to the Office of the Attorney General for that purpose,

upon approval by the State Board of Examiners. After the

appropriation is exhausted, the expenses must be paid from the

Reserve for Statutory Contingency Account upon approval by

the State Board of Examiners. In all other cases, they must be paid

out of the county treasury in the county wherein the crime is alleged

to have been committed. The expenses are:

(a) If the prisoner is returned to this state from another state, the

fees paid to the officers of the state on whose governor the

requisition is made;

(b) If the prisoner is returned to this state from a foreign country

or jurisdiction, the fees paid to the officers and agents of this state

or the United States; or

state from another state pursuant to this chapter or chapter 178 of

NRS and is then returned to the sending state upon completion of

the prosecution, the fees paid to the officers and agents of this

state,

and the necessary traveling expenses and subsistence allowances in

the amounts authorized by NRS 281.160 incurred in returning the

prisoner.

2. If a person is returned to this state pursuant to this chapter or

chapter 178 of NRS and is convicted of, or pleads guilty, guilty but

mentally ill or nolo contendere to the criminal charge for which he

was returned or a lesser criminal charge, the court shall conduct an

investigation of the financial status of the person to determine his

ability to make restitution. In conducting the investigation, the court

shall determine if the person is able to pay any existing obligations

for:

(a) Child support;

(b) Restitution to victims of crimes; and

to NRS 62.2175, 176.059 , 176.0611 and 176.062[.] and section 1

of this act.

3. If the court determines that the person is financially able to

pay the obligations described in subsection 2, it shall, in addition to

any other sentence it may impose, order the person to make

restitution for the expenses incurred by the Attorney General or

other governmental entity in returning him to this state. The court

shall not order the person to make restitution if payment of

restitution will prevent him from paying any existing obligations

described in subsection 2. Any amount of restitution remaining

unpaid constitutes a civil liability arising upon the date of the

completion of his sentence.

4. The Attorney General may adopt regulations to carry out the

provisions of this section.

Sec. 10. NRS 1.360 is hereby amended to read as follows:

1.360 Under the direction of the Supreme Court, the Court

Administrator shall:

1. Examine the administrative procedures employed in the

offices of the judges, clerks, court reporters and employees of all

courts of this state and make recommendations, through the Chief

Justice, for the improvement of those procedures;

2. Examine the condition of the dockets of the courts and

determine the need for assistance by any court;

3. Make recommendations to and carry out the directions of the

Chief Justice relating to the assignment of district judges where

district courts are in need of assistance;

4. Develop a uniform system for collecting and compiling

statistics and other data regarding the operation of the state court

system and transmit that information to the Supreme Court so that

proper action may be taken in respect thereto;

5. Prepare and submit a budget of state appropriations

necessary for the maintenance and operation of the state court

system and make recommendations in respect thereto;

6. Develop procedures for accounting, internal auditing,

procurement and disbursement for the state court system;

7. Collect statistical and other data and make reports relating to

the expenditure of all public money for the maintenance and

operation of the state court system and the offices connected

therewith;

8. Compile statistics from the information required to be

maintained by the clerks of the district courts pursuant to NRS

3.275 and make reports as to the cases filed in the district courts;

9. Formulate and submit to the Supreme Court

recommendations of policies or proposed legislation for the

improvement of the state court system;

10. On or before January 1 of each year, submit to the Director

of the Legislative Counsel Bureau a written report compiling the

information submitted to the Court Administrator pursuant to NRS

3.243, 4.175 and 5.045 during the immediately preceding fiscal

year;

11. On or before January 1 of each odd-numbered year,

submit to the Director of the Legislative Counsel Bureau a written

report concerning:

(a) The distribution of money deposited in the special account

created pursuant to section 1 of this act to assist with funding and

establishing specialty court programs;

(b) The current status of any specialty court programs to

which money from the account was allocated since the last report;

and

deems appropriate;

12. On or before February 15 of each odd-numbered year,

submit to the Governor and to the Director of the Legislative

Counsel Bureau for transmittal to the next regular session of the

Legislature a written report compiling the information submitted by

clerks of courts to the Court Administrator pursuant to NRS

630.307 and 633.533 which includes only aggregate information for

statistical purposes and excludes any identifying information

related to a particular person; and

[12.] 13. Attend to such other matters as may be assigned by

the Supreme Court or prescribed by law.

Sec. 11. NRS 211.245 is hereby amended to read as follows:

211.245 1. If a prisoner fails to make a payment within 10

days after it is due, the district attorney for a county or the city

attorney for an incorporated city may file a civil action in any court

of competent jurisdiction within this state seeking recovery of:

(a) The amount of reimbursement due;

(b) Costs incurred in conducting an investigation of the financial

status of the prisoner; and

2. A civil action brought pursuant to this section must:

(a) Be instituted in the name of the county or city in which the

jail, detention facility or alternative program is located;

(b) Indicate the date and place of sentencing, including, without

limitation, the name of the court which imposed the sentence;

(d) Indicate the length of time served by the prisoner and, if he

has been released, the date of his release; and

(e) Indicate the amount of reimbursement that the prisoner owes

to the county or city.

3. The county or city treasurer of the county or incorporated

city in which a prisoner is or was confined shall determine the

amount of reimbursement that the prisoner owes to the city or

county. The county or city treasurer may render a sworn statement

indicating the amount of reimbursement that the prisoner owes and

submit the statement in support of a civil action brought pursuant to

this section. Such a statement is prima facie evidence of the amount

due.

4. A court in a civil action brought pursuant to this section may

award a money judgment in favor of the county or city in whose

name the action was brought.

5. If necessary to prevent the disposition of the prisoner’s

property by the prisoner, or his spouse or agent, a county or city

may file a motion for a temporary restraining order. The court may,

without a hearing, issue ex parte orders restraining any person from

transferring, encumbering, hypothecating, concealing or in any way

disposing of any property of the prisoner, real or personal, whether

community or separate, except for necessary living expenses.

6. The payment, pursuant to a judicial order, of existing

obligations for:

(a) Child support or alimony;

(b) Restitution to victims of crimes; and

to NRS 62.2175, 176.059 , 176.0611 and 176.062[,] and section 1

of this act,

has priority over the payment of a judgment entered pursuant to this

section.

Sec. 12. NRS 249.085 is hereby amended to read as follows:

249.085 On or before the 15th day of each month, the county

treasurer shall report to the State Controller the amount of the

administrative assessments paid by each justices’ court for the

preceding month pursuant to NRS 176.059[.] and section 1 of this

act.

Sec. 13. This act becomes effective on July 1, 2003.

²⁰~~~~~⁰³