Nevada § 454.358 - Fee for analysis of dangerous drug included in sentence; distribution of money collected; limitations on use of money

§ 454.358. Fee for analysis of dangerous drug included in sentence; distribution of money collected; limitations on use of money

1. When a defendant pleads guilty or guilty but mentally ill to, or is found guilty

or guilty but mentally ill of, any violation of this chapter and an analysis of a

dangerous drug was performed in relation to the defendant’s case, the justice or judge

shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous

drug. 2. The money collected for such an 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 analysis 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 dropped, the money deposited

with the court must be returned to the defendant. 3. The money collected pursuant to subsection 1 in municipal court 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. 4. The money collected pursuant to subsection 1 in justice 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. 5. The board of county commissioners of each county shall by ordinance, before September

1, 1987, create in the county treasury a fund to be designated as the fund for forensic

services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous

drugs in the fund. 6. In counties which receive forensic services under a contract with the State, any

money in the fund for forensic services must be paid monthly by the county treasurer

to the State Treasurer for deposit in the State General Fund, after retaining 2 percent

of the money to cover his or her administrative expenses. 7. In counties which do not receive forensic services under a contract with the State,

money in the fund for forensic services must be expended, except as otherwise provided

in this subsection: (a) To pay for the analyses of dangerous drugs performed in connection with criminal

investigations within the county; (b) To purchase and maintain equipment to conduct these analyses; and (c) For the training and continuing education of the employees who conduct these analyses. Money from the fund must not be expended to cover the costs of analyses conducted

by, equipment used by or training for employees of an analytical laboratory not registered

with the Drug Enforcement Administration of the United States Department of Justice.