Nevada Revised Statutes 453.3405 – Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of fact…
1. Except as otherwise provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385 or 453.339 must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
Terms Used In Nevada Revised Statutes 453.3405
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385 or 453.339 if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
3. Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:
(a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;
(b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;
(c) The nature and extent of the convicted person’s assistance;
(d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and
(e) The timeliness of the convicted person’s assistance.