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- 83rd Session (2025)
Senate Bill No. 17–Committee on Judiciary
CHAPTER..........
AN ACT relating to criminal procedure; revising the eligibility for
defendants charged with certain crimes to complete a
preprosecution diversion program; revising certain provisions
relating to programs for treatment of alcohol or other
substance use disorders; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law establishes a preprosecution diversion program for certain persons
who have been accused of committing certain crimes which are punishable as a
misdemeanor. (NRS 174.031) Section 1 of this bill revises the list of persons
eligible for such a diversion program to exclude persons who have : (1) been
charged with certain misdemeanors; and (2) previously been convicted of or
determined to have committed certain criminal offenses.
Existing law establishes a program for the treatment of alcohol or other
substance use disorders to which a court may assign certain persons. The program
is modeled after the provisions of law governing the programs for the tre atment of
mental illness and intellectual disabilities and for the treatment of veterans and
members of the military. (NRS 176A.230) Sections 2-4 of this bill clarify that a
district court, justice court or municipal court each has the authority to establi sh a
program for the treatment of alcohol or other substance use disorders. Section 3
also authorizes a court to provisionally refer a defendant to a program for the
treatment of alcohol or other substance use disorders, pending the outcome of a
clinical assessment or substance use assessment.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 174.031 is hereby amended to read as follows:
174.031 1. At the arraignment of a defendant in justice court
or municipal court, but before the entry of a plea, the court may
determine whether the defendant is eligible for assignment to a
preprosecution diversion program established pursuant to NRS
174.032. The court shall receive input from the prosecuting attorney
and the attorney for the defendant, if any, whether the defendant
would benefit from and is eligible for assignment to the program.
2. A defendant may be determined to be eligible by the court
for a ssignment to a preprosecution diversion program if the
defendant:
(a) Is charged with a misdemeanor other than:
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(1) A violation of a temporary or extended order for
protection against domestic violence pursuant to NRS 33.017 to
33.100, inclusive;
(2) A crime of violence [;
(2)] as defined in NRS 200.408;
(3) A battery which constitutes domestic violence pursuant
to NRS 200.485;
(4) Harassment pursuant to NRS 200.571;
(5) Stalking pursuant to NRS 200.575;
(6) Coercion pursuant to NRS 207.190;
(7) Vehicular manslaughter as described in NRS 484B.657;
[(3)] (8) Driving under the influence of intoxicating liquor
or a controlled substance in violation of NRS 484C.110, 484C.120
or 484C.130; or
[(4)] (9) A minor traffic offense; [and]
(b) Has not previously been [:
(1) Convicted of violating any criminal law other than a
minor traffic offense; or
(2) Ordered by a court to complete a preprosecution
diversion program in this State.] convicted of or determined to have
committed:
(1) A felony or gross misdemeanor;
(2) A violation of a temporary or extended order for
protection against domestic violence pursuant to NRS 33.017 to
33.100, inclusive;
(3) A crime of violence as defined in NRS 200.408;
(4) A violation of an order imposing a co ndition of release
prohibiting contact issued pursuant to NRS 178.4845;
(5) A battery which constitutes domestic violence pursuant
to NRS 200.485;
(6) Harassment pursuant to NRS 200.571;
(7) Stalking pursuant to NRS 200.575;
(8) A violent or sexual offense as defined in NRS 202.876;
(9) Coercion pursuant to NRS 207.190;
(10) Vehicular manslaughter as described in
NRS 484B.657;
(11) Driving under the influence of intoxicating liquor or a
controlled substance in violation of NRS 484C.110, 484C. 120 or
484C.130; or
(12) An attempt to commit an offense described in
subparagraph (1), (3), (7), (8) or (9); and
(c) Has not previously been ordered by a court to complete a
preprosecution diversion program in this State.
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3. If a defendant is determi ned to be eligible for assignment to
a preprosecution diversion program pursuant to subsection 2, the
justice court or municipal court may order the defendant to complete
the program pursuant to subsection 5 of NRS 174.032.
4. A defendant has no right to complete a preprosecution
diversion program or to appeal the decision of the justice court or
municipal court relating to the participation of the defendant in such
a program.
Sec. 2. NRS 176A.230 is hereby amended to read as follows:
176A.230 A district court, justice court or municipal court ,
as applicable, may establish an appropriate program for the
treatment of alcohol or other substance use disorders, to which it
may assign a defendant pursuant to NRS 174.032, 176. 015,
176.211, 176A.240, 176A.400, 453.336 or 453.3363. The
assignment must include the terms and conditions for successful
completion of the program and provide for progress reports at
intervals set by the court to ensure that the defendant is making
satisfactory progress towards completion of the program.
Sec. 3. NRS 176A.240 is hereby amended to read as follows:
176A.240 1. Except as otherwise provided in subparagraph
(1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant
who suffers from a substance use disorder or any co -occurring
disorder tenders a plea of guilty, guilty but mentally ill or nolo
contendere to, or is found guilty or guilty but mentally ill of, any
offense for which the suspension of senten ce or the granting of
probation is not prohibited by statute, [the] a district court, justice
court or municipal court may:
(a) Without entering a judgment of conviction and with the
consent of the defendant, suspend or defer further proceedings and
place the defendant on probation upon terms and conditions that
must include attendance and successful completion of a program
established pursuant to NRS 176A.230 if the court determines that
the defendant is eligible for participation in such a program; or
(b) Enter a judgment of conviction and place the defendant on
probation upon terms and conditions that must include attendance
and successful completion of a program established pursuant to
NRS 176A.230 if the court determines that the defendant is eligible
for participation in such a program.
2. Except as otherwise provided in subsection 4, a defendant is
eligible for participation in a program established pursuant to NRS
176A.230 if [the] :
(a) The defendant is diagnosed as having a substance use
disorder or any co-occurring disorder:
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[(a)] (1) After an in-person clinical assessment by:
[(1)] (I) A counselor who is licensed or certified to make
such a diagnosis; or
[(2)] (II) A duly licensed physician qualified by the Board
of Medical Examiners to make such a diagnosis; or
[(b)] (2) Pursuant to a substance use assessment [.] ; or
(b) The court, upon its discretion, provisionally refers a
defendant for participation in such a program pending the
outcome of the assessment conducted pursuant to subparagraph
(1) or (2) of paragraph (a).
3. A counselor or physician who diagnoses a defendant as
having a substance use disorder shall submit a report and
recommendation to the court concerning the length and type of
treatment required for the defendant.
4. If the offense committed by the defendant is a category A
felony or a sexual offense as defined in NRS 179D.097 that is
punishable as a category B felony, the defendant is not eligible for
assignment to the program.
5. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction, if applicable,
and proceed as provided in the section pursuant to which the
defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of
subsection 2 of NRS 193.130, the court may order the defendant to
the custody of the Department of Corrections if the offense is
punishable by imprisonment in the state prison.
6. Except as otherwise provided in subsection 8, upon
fulfillment of the terms and conditions, the court:
(a) Shall discharge the defendant and dismiss the proceedings or
set aside the judgment of conviction, as applicable, unless the
defendant:
(1) Has been previously convicted in this State or in any
other jurisdiction of a felony; or
(2) Has previously fa iled to complete a specialty court
program; or
(b) May discharge the defendant and dismiss the proceedings or
set aside the judgment of conviction, as applicable, if the defendant:
(1) Has been previously convicted in this State or in any
other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court
program.
7. Discharge and dismissal pursuant to this section is without
adjudication of guilt and is not a conviction for purposes of this
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section or for purposes of employmen t, civil rights or any statute or
regulation or license or questionnaire or for any other public or
private purpose, but is a conviction for the purpose of additional
penalties imposed for second or subsequent convictions or the
setting of bail. Discharge and dismissal restores the defendant, in the
contemplation of the law, to the status occupied before the arrest,
indictment or information. The defendant may not be held thereafter
under any law to be guilty of perjury or otherwise giving a false
statement by reason of failure to recite or acknowledge that arrest,
indictment, information or trial in response to an inquiry made of
the defendant for any purpose.
8. If the defendant was charged with a violation of NRS
200.485, 484C.110 or 484C.120, upon fulf illment of the terms and
conditions, the district court, justice court or municipal court, as
applicable, may conditionally dismiss the charges or set aside the
judgment of conviction, as applicable. If a court conditionally
dismisses the charges or sets a side the judgment of conviction, the
court shall notify the defendant that any conditionally dismissed
charge or judgment of conviction that is set aside is a conviction for
the purpose of additional penalties imposed for second or
subsequent convictions or the setting of bail in a future case, but is
not a conviction for purposes of employment, civil rights or any
statute or regulation or license or questionnaire or for any other
public or private purpose. Conditional dismissal or having a
judgment of conv iction set aside restores the defendant, in the
contemplation of the law, to the status occupied before the arrest,
complaint, indictment or information. The defendant may not be
held thereafter under any law to be guilty of perjury or otherwise
giving a f alse statement by reason of failure to recite or
acknowledge that arrest, complaint, indictment, information or trial
in response to an inquiry made of the defendant for any purpose.
Sec. 4. NRS 176A.245 is hereby amended to read as follows:
176A.245 1. Except as otherwise provided in subsection 2,
after a defendant is discharged from probation or a case is dismissed
pursuant to NRS 176A.240, [the] a justice court, municipal court
or district court shall order sealed all documents, papers and
exhibits in the defendant’s record, minute book entries and entries
on dockets, and other documents relating to the case in the custody
of such other agencies and officers as are named in the court’s order
if the defendant fulfills th e terms and conditions imposed by the
court and the Division. The court shall order those records sealed
without a hearing unless the Division petitions the court, for good
cause shown, not to seal the records and requests a hearing thereon.
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2. If the defendant is charged with a violation of NRS 200.485,
484C.110 or 484C.12 0 and the charges are conditionally dismissed
or the judgment of conviction is set aside as provided in NRS
176A.240, not sooner than 7 years after the charges are
conditionally dismiss ed or the judgment of conviction is set aside
and upon the filing of a petition by the defendant, the justice court,
municipal court or district court, as applicable, shall order that all
documents, papers and exhibits in the defendant’s record, minute
book entries and entries on dockets, and other documents relating to
the case in the custody of such other agencies and officers as are
named in the court’s order be sealed. The justice court, municipal
court or district court, as applicable, shall order thos e records sealed
without a hearing unless the Division petitions the court, for good
cause shown, not to seal the records and requests a hearing thereon.
3. If the justice court, municipal court or district court orders
sealed the record of a defendant w ho is discharged from probation,
whose case is dismissed, whose charges were conditionally
dismissed or whose judgment of conviction was set aside pursuant
to NRS 176A.240, the court shall send a copy of the order to each
agency or officer named in the ord er. Each such agency or officer
shall notify the court in writing of its compliance with the order.
Sec. 5. This act becomes effective upon passage and approval.
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