1. If the court has reason to believe that a person who has been convicted of a crime is a person with an alcohol or drug use disorder, or the person states that he or she is a person with an alcohol or drug use disorder, 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 treatment provider approved by the court. 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 treatment provider approved by the court. 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 treatment provider for a period of not less than 1 year nor more than 3 years;
(c) The court may order the person to be admitted to a residential treatment facility or to be provided with outpatient treatment 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; 2015, 749; R 2019, 4488, effective July 1, 2020)
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