§ 2.16.100. Court construction assessment.

(a)

Except as otherwise provided in subsection (b), when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, the judge shall include in the sentence the sum of $10.00 as an administrative assessment for the provision of court facilities and tender a judgment against the defendant for the assessment.

(b)

The provisions of subsection (a) do not apply to:

(1)

An ordinance regulating metered parking; or

(2)

An ordinance that is specifically designated as imposing a civil penalty or liability.

(c)

The money collected for the administrative assessment established by this section must not be deducted from the fine imposed by the judge but must be taxed against the defendant in addition to the fine. The money collected for the administrative assessment must be stated separately on the court's docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the judge shall not recalculate the administrative assessment.

(d)

If the judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:

(1)

To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

(2)

To pay the unpaid balance of the administrative assessment established by this action; and

(3)

To pay the fine.

(e)

The money collected for the administrative assessment for the provision of court facilities must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:

(1)

Acquire land to which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

(2)

Construct or acquire additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

(3)

Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities for the municipal courts or a regional justice center that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

(4)

Acquire advanced technology for use in the additional facilities.

(5)

Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction of facilities for the municipal courts or a regional justice center that includes the municipal courts.

(f)

Any money remaining in the special revenue fund after five fiscal years must be deposited in the municipal court general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plat for the construction or acquisition of court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

(g)

The authorization for the imposition of the assessment established by this section shall expire 25 years after the passage of the ordinance establishing this section.

(Ord. No. 4848, § 1, 2-24-98)