Nevada Revised Statutes 5.057 – Determination if defendant is a veteran or member of military; alternative program of treatment
1. As soon as possible after a defendant is arrested or cited, the municipal judge shall attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280. Before accepting a plea from a defendant or proceeding to trial, the municipal judge shall:
Terms Used In Nevada Revised Statutes 5.057
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military; and
(b) Determine whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
2. If the defendant meets the qualifications of subsection 1 of NRS 176A.280, the municipal court may, if the municipal court has not established a program pursuant to NRS 176A.280 and, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to:
(a) A program of treatment established pursuant to NRS 176A.280; or
(b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.230 or 176A.250.
3. As used in this section:
(a) ’Member of the military’ has the meaning ascribed to it in NRS 176A.043.
(b) ’Veteran’ has the meaning ascribed to it in NRS 176A.090.