Nevada § 484A.790 - Imposition and disposition of fee for traffic violation for purpose of reducing demerit points in lieu of completing course of traffic safety; duties of court collecting such fees; use of money collected

§ 484A.790. Imposition and disposition of fee for traffic violation for purpose of reducing demerit points in lieu of completing course of traffic safety; duties of court collecting such fees; use of money collected

1. Except as otherwise provided in this section, if a court authorizes a defendant

who pleads guilty, guilty but mentally ill or nolo contendere to, or who is found

guilty or guilty but mentally ill of, a violation of chapters 484A to 484E, inclusive,

of NRS to pay a fee for the purpose of reducing demerit points, in lieu of requiring

the defendant to complete a course of traffic safety for the purpose of reducing demerit

points, the court must include the fee in the sentence, in addition to any other penalty

or administrative assessment provided by law, and render a judgment against the defendant

for the fee. 2. The money collected for the fee imposed pursuant to this section must not be deducted

from any fine imposed by the court but must be collected from the defendant in addition

to the fine. The money collected for such a fee must be stated separately on the court's docket. If the court cancels a fine because the fine has been determined to be uncollectible,

any balance of the fine and the fee remaining unpaid shall be deemed to be uncollectible

and the defendant is not required to pay them. If a fine is determined to be uncollectible, the defendant is not entitled to a

refund of any amount of the fine or fee that the defendant has paid. 3. A court shall, if requested by a defendant, allow a fee imposed pursuant to this

section to be paid in installments under terms established by the court. 4. The money collected for a fee pursuant to this section 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: (a) Twenty-five percent of the money received for each such fee with the State Controller

for credit to a special account in the State General Fund administered by the Office

of Court Administrator. (b) Seventy-five percent of the money received for each such fee in a special revenue

fund. The city may use the money in the special revenue fund only to: (1) Fund local specialty court programs; or (2) Pay for upgrades to court information technology. 5. The money collected for a fee pursuant to this section 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. On or before the 15th day of that month, the county treasurer shall deposit: (a) Twenty-five percent of the money received for each such fee with the State Controller

for credit to a special account in the State General Fund administered by the Office

of Court Administrator. (b) Seventy-five percent of the money received for each such fee in a special revenue

fund. The county may use the money in the special revenue fund only to: (1) Fund local specialty court programs; or (2) Pay for upgrades to court information technology. 6. Money that is apportioned to a court from specialty courts fees pursuant to this

section must be used by the court to: (a) Pay for any level of treatment, including, without limitation, psychiatric care,

required for successful completion and testing of persons who participate in the program; (b) Pay for the transportation to and from the program of persons who participate

in the program; and (c) 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) Providing for prosecutor and public defender representation; (7) Acquiring or using appropriate technology; (8) Providing capital for building facilities necessary to house persons who participate

in the program; (9) Providing funding for employment programs for persons who participate in the program;

and (10) Providing funding for statewide public information campaigns necessary to deter

driving under the influence of intoxicating liquor or a controlled substance. 7. As used in this section: (a) “ Office of Court Administrator ” means the Office of Court Administrator created by 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

suffer from a mental illness or who abuse alcohol or drugs or are homeless. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 .