Nevada § 176.0623 - Additional administrative assessment for felony, gross misdemeanor or misdemeanor: Authorization; collection; distribution; limitations on use

§ 176.0623. Additional administrative assessment for felony, gross misdemeanor or misdemeanor: Authorization; collection; distribution; limitations on use

1. In addition to any other administrative assessment imposed, when a defendant pleads

guilty, is found guilty or enters a plea of nolo contendere to a misdemeanor, gross

misdemeanor or felony, including the violation of any municipal ordinance, on or after

July 1, 2013, the justice or judge of the justice, municipal or district court, as

applicable, shall include in the sentence the sum of $3 as an administrative assessment

for obtaining a biological specimen and conducting a genetic marker analysis and shall

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. 2. The money collected for an administrative assessment for obtaining a biological

specimen and conducting a genetic marker analysis 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 4. 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 or she has paid, and the justice

or judge shall not recalculate the administrative assessment. 3. If the justice or judge permits the fine and administrative assessment for the

provision of genetic marker analysis 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 ; (c) To pay the unpaid balance of an administrative assessment for the provision of

specialty court programs pursuant to NRS 176.0613 ; (d) To pay the unpaid balance of an administrative assessment for obtaining a biological

specimen and conducting a genetic marker analysis pursuant to this section; and (e) To pay the fine. 4. The money collected for an administrative assessment for the provision of genetic

marker analysis 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 for credit to the fund

for genetic marker analysis pursuant to NRS 176.0915 .