Nevada Revised Statutes
Chapter 5 - Municipal Courts
NRS 5.055 - Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension.


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 municipal judge 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 municipal judge 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 municipal judge;
(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 any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge 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 municipal judge.
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 municipal judge 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 municipal judge.
The municipal judge 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 municipal judge may order reports from a person whose sentence is suspended at such times as the municipal judge 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 municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
5. The municipal judge 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, 1135; A 1989, 199; 1997, 34, 1477, 1806; 1999, 486, 1382, 1877; 2001, 87, 429; 2001 Special Session, 122; 2005, 66; 2017, 1651, 2450; 2019, 4417; 2021, 3124)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 5 - Municipal Courts

NRS 5.010 - General requirements for court; designation as court of record.

NRS 5.015 - Recording of proceeding in municipal court designated as court of record. [Effective January 1, 2022.]

NRS 5.020 - Municipal judges: Election; term; oath; qualifications; justice of the peace as ex officio municipal judge.

NRS 5.021 - Chief municipal judge of certain municipal courts: Selection; duties.

NRS 5.023 - Municipal judges pro tempore.

NRS 5.024 - Senior municipal judges.

NRS 5.0245 - Appointment of referee or hearing master for civil infraction hearing. [Effective January 1, 2023.]

NRS 5.025 - Courses of instruction for municipal judges; payment of costs.

NRS 5.026 - Attendance required at courses of instruction; penalty for unexcused absence; exception.

NRS 5.030 - Compensation of municipal judges.

NRS 5.040 - Municipal judges: Power to take and certify acknowledgments.

NRS 5.045 - Report of certain statistical information to be submitted to Court Administrator.

NRS 5.050 - Jurisdiction. [Effective through December 31, 2021.] Jurisdiction. [Effective January 1, 2022, through December 31, 2022.] Jurisdiction. [Effective January 1, 2023.]

NRS 5.0503 - Transfer of original jurisdiction of criminal case to justice court or another municipal court.

NRS 5.0505 - Transfer of original jurisdiction of criminal case to district court.

NRS 5.052 - Administration of program of supervision for persons with suspended sentences or persons sentenced to residential confinement.

NRS 5.055 - Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension.

NRS 5.057 - Determination if defendant is a veteran or member of military; alternative program of treatment.

NRS 5.060 - Process, writs and warrants.

NRS 5.065 - Use of facsimile signature: Conditions and restrictions.

NRS 5.070 - Municipal courts always open.

NRS 5.073 - Conformity of practice and proceedings to those of justice courts; exception; imposition and collection of fees.

NRS 5.0755 - "Residential confinement" defined.

NRS 5.076 - Power to order; conditions of sentence; maximum term; arrest for violation of condition.

NRS 5.077 - Establishment and modification of terms and conditions.

NRS 5.078 - Violation of terms and conditions.

NRS 5.080 - Notice of intention to appeal; bail.

NRS 5.090 - Judgment on appeal; notice to municipal court; payment of fines.