Existing law establishes certain diversionary and specialty court programs to which certain defendants may be assigned, such as the preprosecution diversionary program and specialty court programs for veterans and members of the military, persons with mental illness and persons who use alcohol or other substances. (NRS 174.032, 176A.230, 176A.250, 176A.280) Sections 4-8 of this bill authorize homeless persons who commit certain misdemeanor offenses to be assigned to such diversionary and specialty court programs. Section 5 of this bill authorizes a court that assigns a homeless person to complete such a program of treatment to waive or reduce any fine, administrative assessment or fee that would otherwise be imposed upon the homeless person for committing such an offense. Existing law authorizes a criminal defendant or the district attorney to make a motion to the district court to commence a proceeding for the issuance of a court order requiring assisted outpatient treatment of the defendant or the district court to commence such a proceeding on its own motion. (NRS 433A.335) Sections 5-11 of this bill authorize a justice court or a municipal court to transfer original jurisdiction of a case involving a defendant who is eligible to receive assisted outpatient treatment to the district court, including homeless persons who commit certain misdemeanors pursuant to section 5. Sections 12 and 13 of this bill make conforming changes to refer to provisions that have been renumbered by section 11. Existing law limits the definition of an “eligible defendant” to mean a person who: (1) has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor; (2) appears to suffer from mental illness or to be intellectually disabled; and (3) would benefit from assignment to a specialty court program. (NRS 176A.235, 176A.255, 176A.285) Sections 6-8 of this bill expand the definition of an “eligible defendant” to include any person who, regardless of whether the person has tendered a plea to or been found guilty of an offense that is a misdemeanor: (1) appears to suffer from a mental illness or to be intellectually disabled; and (2) would benefit from assignment to a specialty court program.

Statutes affected:
Reprint 1: 174.032, 176A.235, 176A.255, 176A.285
Reprint 2: 174.032, 176A.235, 176A.255, 176A.285, 4.370, 5.050, 433A.335, 433A.337, 433A.341
Reprint 3: 174.032, 176A.235, 176A.255, 176A.285, 4.370, 5.050, 433A.335, 433A.337, 433A.341
As Enrolled: 174.032, 176A.235, 176A.255, 176A.285, 4.370, 5.050, 433A.335, 433A.337, 433A.341