Nevada § 484C.410 - Penalties when offender previously convicted of certain felonious conduct or homicide; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor

§ 484C.410. Penalties when offender previously convicted of certain felonious conduct or homicide; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor

1. Unless a greater penalty is provided in NRS 484C.440 , a person who has previously been convicted of: (a) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400 ; (b) A violation of NRS 484C.430 ; (c) A homicide resulting from driving or being in actual physical control of a vehicle

while under the influence of intoxicating liquor or a controlled substance or resulting

from any other conduct prohibited by NRS 484C.110 , 484C.130 or 484C.430 ; (d) A violation of a law of any other jurisdiction that prohibits the same or similar

conduct as set forth in paragraph (a), (b) or (c); or (e) A violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 that was reduced from a felony pursuant to NRS 484C.340 , and who violates the provisions of NRS 484C.110 or 484C.120 is guilty of a category B felony and shall be punished by imprisonment in the state

prison for a minimum term of not less than 2 years and a maximum term of not more

than 15 years, and shall be further punished by a fine of not less than $2,000 nor

more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders

whose crimes were violent and, insofar as practicable, be assigned to an institution

or facility of minimum security. 2. An offense which is listed in paragraphs (a) to (e), inclusive, of subsection 1

that occurred on any date preceding the date of the principal offense or after the

principal offense constitutes a prior offense for the purposes of this section when

evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment

or information, must not be read to the jury or proved at trial but must be proved

at the time of sentencing and, if the principal offense is alleged to be a felony,

must also be shown at the preliminary examination or presented to the grand jury. 3. A term of confinement imposed pursuant to the provisions of this section may be

served intermittently at the discretion of the judge or justice of the peace, except

that a person who is convicted of a second or subsequent offense within 7 years must

be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding

the offense, and the family and employment of the offender, but any sentence of 30

days or less must be served within 6 months after the date of conviction or, if the

offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of offender's sentence was revoked, within 6 months after the

date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive

hours. 4. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456 , 483.560 , 484C.400 or 485.330 must run consecutively. 5. If the defendant was transporting a person who is less than 15 years of age in

the motor vehicle at the time of the violation, the court shall consider that fact

as an aggravating factor in determining the sentence of the defendant. 6. For the purpose of determining whether one offense occurs within 7 years of another

offense, any period of time between the two offenses during which, for any such offense,

the offender is imprisoned, serving a term of residential confinement, placed under

the supervision of a treatment provider, on parole or on probation must be excluded. 7. As used in this section, unless the context otherwise requires, “ offense ” means: (a) A violation of NRS 484C.110 , 484C.120 or 484C.430 ; (b) A homicide resulting from driving or being in actual physical control of a vehicle

while under the influence of intoxicating liquor or a controlled substance or resulting

from any other conduct prohibited by NRS 484C.110 , 484C.130 or 484C.430 ; or (c) A violation of a law of any other jurisdiction that prohibits the same or similar

conduct as set forth in paragraph (a) or (b).