Nevada § 484C.340 - Application by third-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of proceedings; administration of program; requirements to participate in program; certain previous convictions preclude offender from participating in program; requirements for offender placed under active electronic monitoring; unlawful to intentionally remove or disable or attempt to remove or disable electronic monitoring device

§ 484C.340. Application by third-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of proceedings; administration of program; requirements to participate in program; certain previous convictions preclude offender from participating in program; requirements for offender placed under active electronic monitoring; unlawful to intentionally remove or disable or attempt to remove or disable electronic monitoring device

1. An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program

of treatment for an alcohol or other substance use disorder for at least 3 years. The court may authorize that treatment if: (a) The offender is diagnosed as a person with an alcohol or other substance use disorder

by: (1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol

and drug counselor who is licensed, pursuant to chapter 641C of NRS , to make that diagnosis; (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; (3) An advanced practice registered nurse who is certified to make that diagnosis

by the State Board of Nursing; and (b) The offender agrees to pay the costs of the treatment to the extent of his or

her financial resources. An alcohol and drug counselor, a clinical alcohol and drug counselor, a physician

or an advanced practice registered nurse who diagnoses an offender as a person with

an alcohol or other substance use disorder shall make a report and recommendation

to the court concerning the length and type of treatment required for the offender. 2. A prosecuting attorney may, within 10 days after receiving notice of an application

for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting

attorney or may order a hearing on its own motion. 3. At the hearing on the application for treatment, the prosecuting attorney may present

the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information

before the court. 4. If the court determines that an application for treatment should be granted, the

court shall: (a) Immediately, without entering a judgment of conviction and with the consent of

the offender, suspend further proceedings and place the offender on probation for

not more than 5 years. (b) Order the offender to complete a program of treatment for an alcohol or other

substance use disorder with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of

the person, the treatment provider must comply with the requirements of the specialty

court, including, without limitation, any requirement to submit progress reports to

the specialty court. (c) Advise the offender that: (1) He or she may be placed under the supervision of a treatment provider for not

more than 5 years. (2) The court may order the offender to be admitted to a residential treatment facility. (3) The court will enter a judgment of conviction for a violation of paragraph (c)

of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for

an alcohol or other substance use disorder or if the offender fails to complete the

program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender

served before beginning treatment. (4) If the offender completes the treatment satisfactorily, the court will enter a

judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400 . (5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive

do not apply. 5. The court shall administer the program of treatment pursuant to the procedures

provided in NRS 176A.230 to 176A.245 , inclusive, except that the court: (a) Shall not defer the sentence or set aside the conviction upon the election of

treatment, except as otherwise provided in this section; and (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of

subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court. 6. To participate in a program of treatment, the offender must: (a) Serve not less than 6 months of residential confinement; (b) Be placed under a system of active electronic monitoring, through the Division,

that is capable of identifying the offender's location and producing, upon request,

reports or records of the offender's presence near or within, or departure from, a

specified geographic location and pay any costs associated with the offender's participation

under the system of active electronic monitoring; (c) Install, at his or her own expense, an ignition interlock device for not less

than 12 months; (d) Not drive any vehicle unless it is equipped with an ignition interlock device; (e) Agree to be subject to periodic testing for the use of alcohol or controlled substances

while participating in a program of treatment; and (f) Agree to any other conditions that the court deems necessary. 7. An offender may not apply to the court to undergo a program of treatment for an

alcohol or other substance use disorder pursuant to this section if the offender has

previously applied to receive treatment pursuant to this section or if the offender

has previously been convicted of: (a) A violation of NRS 484C.430 ; (b) A violation of NRS 484C.130 ; (c) A homicide resulting from driving or being in actual physical control of a vehicle

while under the influence of intoxicating liquor or a controlled substance or resulting

from any other conduct prohibited by NRS 484C.110 , 484C.130 or 484C.430 ; (d) A violation of paragraph (c) of subsection 1 of NRS 484C.400 ; (e) A violation of NRS 484C.410 ; or (f) A violation of law of any other jurisdiction that prohibits the same or similar

conduct as set forth in paragraph (a), (b), (c) or (d). 8. An offender placed under a system of active electronic monitoring pursuant to paragraph

(b) of subsection 6 shall: (a) Follow the instructions provided by the Division to maintain the electronic monitoring

device in working order. (b) Report any incidental damage or defacement of the electronic monitoring device

to the Division within 2 hours after the occurrence of the damage or defacement. (c) Abide by any other conditions set forth by the court or the Division with regard

to the offender's participation under the system of active electronic monitoring. 9. Except as otherwise provided in this subsection, a person who intentionally removes

or disables or attempts to remove or disable an electronic monitoring device placed

on an offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division

from performing maintenance or repairs to an electronic monitoring device. 10. As used is this section, “ Division ” means the Division of Parole and Probation of the Department of Public Safety.