Nevada § 458A.230 - Examination of person; determination of acceptability for treatment; imposition of conditions; payment of restitution; deferment of sentencing; payment of costs of treatment

§ 458A.230. Examination of person; determination of acceptability for treatment; imposition of conditions; payment of restitution; deferment of sentencing; payment of costs of treatment

1. If the court, after a hearing, determines that a person is entitled to accept the

treatment offered pursuant to NRS 458A.210 , the court shall order a qualified mental health professional to conduct an examination

of the person to determine whether the person has an addictive disorder related to

gambling, whether the person committed the crime in furtherance or as a result of

problem gambling and whether the person is likely to be rehabilitated through treatment. The qualified mental health professional shall report to the court the results of

the examination and recommend whether the person should be placed under supervision

for treatment. 2. If the court, acting on the report or other relevant information, determines that

the person does not have an addictive disorder related to gambling, did not commit

the crime in furtherance or as a result of problem gambling, is not likely to be rehabilitated

through treatment or is otherwise not a good candidate for treatment, the person may

be sentenced and the sentence executed. 3. If the court determines that the person has an addictive disorder related to gambling,

committed the crime in furtherance or as a result of problem gambling, is likely to

be rehabilitated through treatment and is a good candidate for treatment, the court

may: (a) Impose any conditions upon the election of treatment that may be imposed as conditions

of probation; (b) Defer sentencing until such time, if any, as sentencing is authorized pursuant

to NRS 458A.240 ; and (c) Place the person under the supervision of a qualified mental health professional

for not less than 1 year and not more than 3 years. The court may require such progress reports on the treatment of the person as it deems

necessary. 4. If the court places a person under the supervision of a qualified mental health

professional for the purpose of receiving treatment pursuant to NRS 458A.200 to 458A.260 , inclusive, the person must agree to pay restitution as a condition upon the election

of treatment. 5. A person who is placed under the supervision of a qualified mental health professional

shall pay the cost of the program of treatment to which the person is assigned and

the cost of any additional supervision that may be required, to the extent of the

financial resources of the person. The court may issue a judgment in favor of the court or the qualified mental health

professional for the costs of the treatment and supervision which remain unpaid at

the conclusion of the treatment. The judgment constitutes a lien in like manner as a judgment for money rendered

in a civil action, but in no event may the amount of the judgment include any amount

of the debt which was extinguished by the successful completion of community service

pursuant to subsection 6. 6. If the person who is placed under the supervision of a qualified mental health

professional does not have the financial resources to pay all of the related costs: (a) The court shall, to the extent practicable, arrange for the person to be assigned

to a program that receives a sufficient amount of federal or state funding to offset

the remainder of the costs; and (b) The court may order the person to perform supervised community service in lieu

of paying the remainder of the costs relating to the person’s treatment and supervision. The community service must be performed for and under the supervising authority

of a county, city, town or other political subdivision or agency of this State or

a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money

to pay for the cost of policies of insurance against liability for personal injury

and damage to property or for industrial insurance, or both, during those periods

in which the person performs the community service, unless, if the insurance is industrial

insurance, it is provided by the authority for which the person performs the community

service. 7. No person may be placed under the supervision of a qualified mental health professional

pursuant to this section unless the qualified mental health professional accepts the

person for treatment.