Nevada § 453.3405 - Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court; suspension of sentence of person convicted of trafficking in fentanyl

§ 453.3405. Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court; suspension of sentence of person convicted of trafficking in fentanyl

1. Except as otherwise provided in subsections 2 and 4, the adjudication of guilt

and imposition of sentence of a person found guilty of trafficking in a controlled

substance in violation of NRS 453.3385 , 453.3387 or 453.339 must not be suspended and the person is not eligible for parole until the person

has actually served the mandatory minimum term of imprisonment prescribed by the section

under which the person was convicted. 2. The court, upon an appropriate motion, may reduce or suspend the sentence of any

person convicted of violating any of the provisions of NRS 453.3385 , 453.3387 or 453.339 if the court finds that the convicted person rendered substantial assistance in the

investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion

is granted. Upon good cause shown, the motion may be heard in camera. 3. Any appropriate reduction or suspension of a sentence pursuant to subsection 2

must be determined by the court, for reasons stated by the court that may include,

without limitation, consideration of the following: (a) The court's evaluation of the significance and usefulness of the convicted person's

assistance, taking into consideration the prosecuting attorney's evaluation of the

assistance rendered; (b) The truthfulness, completeness and reliability of any information or testimony

provided by the convicted person; (c) The nature and extent of the convicted person's assistance; (d) Any injury suffered or any danger or risk of injury to the convicted person or

his or her family resulting from his or her assistance; and (e) The timeliness of the convicted person's assistance. 4. The court may suspend the sentence of any person convicted of violating any provision

of NRS 453.3387 if the person establishes, by a preponderance of the evidence, that the person did

not know that the mixture at issue contained illicitly manufactured fentanyl. If a person convicted of violating any provision of NRS 453.3387 claims that he or she did not know that the mixture at issue contained illicitly

manufactured fentanyl, the court shall, at sentencing, make findings of fact and state

its reasoning on the record as to whether the person has met the burden of proof pursuant

to this subsection.