Nevada § 484C.350 - Required evaluation of first-time offender with a concentration of alcohol of 0.18 or more in his or her blood or breath, second-time offenders and offenders convicted of possessing 1 ounce or less of marijuana; required evaluation of certain offenders under 21 years of age; requirements of evaluation; out-of-state evaluation; offender to pay cost of evaluation

§ 484C.350. Required evaluation of first-time offender with a concentration of alcohol of 0.18 or more in his or her blood or breath, second-time offenders and offenders convicted of possessing 1 ounce or less of marijuana; required evaluation of certain offenders under 21 years of age; requirements of evaluation; out-of-state evaluation; offender to pay cost of evaluation

1. If an offender is found guilty of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the concentration of alcohol in the offender's blood or breath at the time

of the offense was 0.18 or more, if an offender is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 or if an offender is found guilty of a violation of subsection 4 of NRS 453.336 , the court shall, before sentencing the offender, require an evaluation of the offender

pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol

or other substance use disorder. 2. If an offender is convicted of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the offender is under 21 years of age at the time of the violation or if the

offender is convicted of a violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NRS 202.040 or subsection 4 of NRS 678D.310 , the court shall, before sentencing the offender, require an evaluation of the offender

pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol

or other substance use disorder. 3. Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender

pursuant to this section must be conducted at an evaluation center by: (a) 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 evaluation; (b) A physician who is certified to make that evaluation by the Board of Medical Examiners;

or (c) An advanced practice registered nurse who is certified to make that diagnosis

by the State Board of Nursing, who shall report to the court the results of the evaluation and make a recommendation

to the court concerning the length and type of treatment required for the offender. 4. The evaluation of an offender who resides more than 30 miles from an evaluation

center may be conducted outside an evaluation center by a person who has the qualifications

set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of

the evaluation and make a recommendation to the court concerning the length and type

of treatment required for the offender. 5. The evaluation of an offender who resides in another state may, upon approval of

the court, be conducted in the state where the offender resides by a physician, advanced

practice registered nurse or other person who is authorized by the appropriate governmental

agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation

concerning the length and type of treatment for the offender are reported to the court. 6. The evaluation of an offender who resides in this State may, upon approval of the

court, be conducted in another state by a physician, advanced practice registered

nurse or other person who is authorized by the appropriate governmental agency in

that state to conduct such an evaluation if the location of the physician, advanced

practice registered nurse or other person in the other state is closer to the residence

of the offender than the nearest location in this State at which an evaluation may

be conducted. The offender shall ensure that the results of the evaluation and the recommendation

concerning the length and type of treatment for the offender are reported to the court. 7. An offender who is evaluated pursuant to this section shall pay the cost of the

evaluation. An evaluation center or a person who conducts an evaluation in this State outside

an evaluation center shall not charge an offender more than $100 for the evaluation.