205.466 - Creation and operation of program; acceptance of person in program. - Nevada Statutes

205.466  Creation and operation of program; acceptance of person in program.

      1.  A district attorney may create within the office of the district attorney a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated paragraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of paragraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.

      2.  The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.

      3.  If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:

      (a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;

      (b) The prior criminal record of the person;

      (c) Prior referrals of the person to the program;

      (d) The number of times the person has violated paragraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380;

      (e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and

      (f) The strength of the evidence, if any, of the person’s intent to defraud the alleged victim.

      4.  Except as otherwise provided in NRS 205.469, this section does not limit the authority of the district attorney to prosecute violations of paragraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380.

      (Added to NRS by 1989, 607; A 1989, 1206; 2001, 3025)