9.05.020 - Penalties.
A. A person convicted of a battery which constitutes domestic violence pursuant to Section 9.05.010 of this Code:
1. For the first offense within seven years, is guilty of a misdemeanor and shall be sentenced to:
a. Imprisonment in the City jail or other current detention facility for not less than two days, but not more than six months; and
b. Perform not less than forty-eight (48) hours, but not more than one hundred twenty (120) hours, of community service.
The person shall be further punished by a fine of not less than two hundred dollars ($200.00), but not more than one thousand dollars ($1,000.00). A term of imprisonment imposed pursuant to this paragraph 1. may be served intermittently at the discretion of the judge, except that each period of confinement must be not less than twelve (12) consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
2. For the second offense within seven years, is guilty of a misdemeanor and shall be sentenced to:
a. Imprisonment in the City jail or other current detention facility for not less than twenty (20) days, but not more than six months; and
b. Perform not less than one hundred (100) hours, but not more than two hundred (200) hours, of community service.
The person shall be further punished by a fine of not less than five hundred dollars ($500.00), but not more than one thousand dollars ($1,000.00). A term of imprisonment imposed pursuant to this paragraph 2. may be served intermittently at the discretion of the judge, except that each period of confinement must not be less than twelve (12) consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
B. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to Section 9.05.010 of this Code, the court shall:
1. For the first offense within seven years, require the person to participate in weekly counseling sessions of not less than one and one-half hours per week for not less than six months, but not more than twelve (12) months, at his or her expense, in a program for the treatment persons who commit domestic violence that has been certified pursuant to NRS 439.258.
2. For the second offense within seven years, require the person to participate in weekly counseling sessions of not less than one and one-half hours per week for twelve (12) months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
C. Except as otherwise provided in this subsection, an offense that occurred within seven years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
1. When evidenced by a conviction; or
2. If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, must not be read to the trier of fact or proved at trial but must be proved at the time of sentencing.
D. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of thirty-five dollars ($35.00). Any money so collected must be paid by the Clerk of the Court to the State Controller on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.
E. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
F. If it appears from information presented to the court that a child under the age of eighteen (18) years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to Section 9.05.010 of this Code, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to Section 9.05.010 of this Code to reimburse the agency for the costs of any services provided, to the extent of the convicted person's ability to pay.
G. If a person is charged with committing a battery which constitutes domestic violence pursuant to Section 9.05.010 of this Code, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person. A court may grant probation to or suspend the sentence of such a person:
1. As set forth in NRS 5.055; or
2. To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
H. As used in this section:
"Agency Which Provides Child Welfare Services" has the meaning ascribed to it in NRS 432B.030.
"Battery" has the meaning ascribed to it in paragraph a. of subsection 1. of NRS 200.481.
"Offense" includes a battery which constitutes domestic violence pursuant to Section 9.05.010 of this Code or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
(Ord. No. 2999, § 1, 10-16-2019)
