2011 Nevada Revised Statutes
Chapter 458 - Abuse of Alcohol and Drugs
NRS 458.310 - Hearing to determine whether defendant should receive treatment.

1. If the court has reason to believe that a person who has been convicted of a crime is an alcoholic or drug addict, or the person states that he or she is an alcoholic or drug addict, and the court finds that the person is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not the person should receive treatment under the supervision of a state-approved facility for the treatment of abuse of alcohol or drugs. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.

2. At the hearing the court shall advise the person that sentencing will be postponed if he or she elects to submit to treatment and is accepted for treatment by a state-approved facility. In offering the election, the court shall advise the person that:

(a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;

(b) If the person elects to submit to treatment and is accepted, he or she may be placed under the supervision of the facility for a period of not less than 1 year nor more than 3 years;

(c) During treatment the person may be confined in an institution or, at the discretion of the facility, released for treatment or supervised care in the community; and

(d) If the person satisfactorily completes treatment and satisfies the conditions upon the election of treatment, as determined by the court, the conviction will be set aside, but if the person does not satisfactorily complete the treatment and satisfy the conditions, he or she may be sentenced and the sentence executed.

(Added to NRS by 1975, 971; A 1977, 472; 1981, 1332; 1985, 1752; 1987, 962)