1. Except as otherwise provided in subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence or a portion thereof of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension, without limitation, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct, or comply with any other condition, deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for alcohol or drug use disorder, or both, which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or
(c) The programs set forth in paragraphs (a) and (b),
and that the person comply with any other condition of suspension ordered by the justice of the peace.
3. Except as otherwise provided in this subsection, if a customer of a prostitute is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:
(a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and
(b) Comply with any other condition of suspension ordered by the justice of the peace.
The justice of the peace may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
4. The justice of the peace may order reports from a person whose sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
5. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
(Added to NRS by 1987, 1134; A 1989, 198; 1997, 34, 1475, 1804; 1999, 486, 1381, 1876; 2001, 87, 428; 2001 Special Session, 121; 2005, 65; 2017, 1650, 2449; 2019, 4415; 2021, 3123)
Structure Nevada Revised Statutes
NRS 4.010 - Qualifications of justice of the peace.
NRS 4.020 - Number and election of justices of the peace.
NRS 4.025 - Terms of justices of the peace.
NRS 4.030 - Oath and bond of justice of the peace.
NRS 4.032 - Justices of the peace pro tempore.
NRS 4.033 - Senior justices of the peace.
NRS 4.035 - Courses of instruction for justices of the peace; payment of costs.
NRS 4.036 - Attendance required at courses of instruction; penalty for unexcused absence; exception.
NRS 4.040 - Salaries and compensation of justices of the peace.
NRS 4.050 - Claims and expenses.
NRS 4.065 - Additional fees: Imposition; disposition of proceeds.
NRS 4.073 - Additional fees to offset costs of operating law library.
NRS 4.075 - Additional fees in certain smaller counties: Imposition; disposition of proceeds.
NRS 4.080 - Justice of the peace to charge only fees authorized by law.
NRS 4.090 - Justice of the peace to keep record of fees charged.
NRS 4.100 - Monthly financial statements.
NRS 4.120 - Punishment for taking excessive fees.
NRS 4.130 - Table of fees to be posted.
NRS 4.140 - Fees payable in advance; execution for fees due.
NRS 4.150 - Vacancy in office; duty of clerk of board of county commissioners.
NRS 4.155 - Townships with more than one justice of the peace.
NRS 4.157 - Chief justice of the peace in certain townships: Selection; duties.
NRS 4.160 - Number of justices of the peace where townships altered.
NRS 4.170 - Duties of justices of the peace.
NRS 4.175 - Report of certain statistical information to be submitted to Court Administrator.
NRS 4.180 - Power to take and certify acknowledgments and affidavits.
NRS 4.185 - Use of facsimile signature: Conditions and restrictions.
NRS 4.190 - Power to administer oaths or affirmations.
NRS 4.215 - Justices of the peace in certain townships not to practice law.
NRS 4.220 - Unlawful to purchase judgments.
NRS 4.240 - Entries in docket prima facie evidence of facts.
NRS 4.260 - Court records; disposition upon expiration of term.
NRS 4.270 - Disposition of court records in case of vacancy.
NRS 4.280 - Jurisdiction of justice of the peace with whom docket is deposited.
NRS 4.290 - Successor defined.
NRS 4.300 - Designation of succeeding justice of the peace.
NRS 4.310 - Justice of the peace may issue subpoenas and final process to any part of county.
NRS 4.320 - Blanks must be filled in all papers issued by justice of the peace, except subpoenas.
NRS 4.350 - Deputy clerk: Appointment; compensation; powers and duties.
NRS 4.353 - Deputy marshal: Appointment; duties; qualifications; compensation.
NRS 4.357 - Master: Conditions for appointment; qualifications; duties; compensation.
NRS 4.360 - Denomination of court; court always open; where held.
NRS 4.365 - Small claims: Supplies and postage; duties of boards of county commissioners.
NRS 4.371 - Effect of transfer of original jurisdiction from district court to justice court.
NRS 4.3715 - Transfer of original jurisdiction of criminal case to district court.
NRS 4.375 - Power to order restitution for embezzled property.
NRS 4.3755 - Restitution paid by defendant convicted of misdemeanor: Collection; disbursement.
NRS 4.376 - "Residential confinement" defined.
NRS 4.3764 - Establishment and modification of terms and conditions.
NRS 4.3766 - Violation of terms and conditions.
NRS 4.390 - Required for certain proceedings.
NRS 4.400 - Operation of equipment; transcription of recordings; use of transcript.