Section 5.055 - Suspension of sentence; conditions of suspension; reduction of sentence; arrest for violation of condition of suspension1. 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, 3124Amended by 2021, Ch. 483,§8, eff. 7/1/2021.Amended by 2019, Ch. 633,§49, eff. 7/1/2020.Amended by 2017, Ch. 310,§3, eff. 10/1/2017.Amended by 2017, Ch. 382,§10, eff. 7/1/2017.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