Senate Bill No. 107–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to courts; changing the limitation on the period of time in which a county or city may authorize justices or judges of justices’ or municipal courts to impose an administrative assessment for the provision of court facilities; 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 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] 50 years, in addition to an

administrative assessment imposed pursuant to NRS 176.059, 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.

    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 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

    (c) 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.

    (c) Renovate or remodel existing facilities for 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.

    (c) Renovate or remodel existing facilities for the justices’

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. 2.  This act becomes effective upon passage and approval.

 

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