1. Whenever a person is placed under the supervision of a treatment provider, including a treatment provider in another jurisdiction pursuant to NRS 458.325, the person’s sentencing must be deferred and the person’s conviction must be set aside if:
(a) The treatment provider certifies to the court that the person has satisfactorily completed the treatment program; and
(b) The court approves the certification and determines that the conditions upon the election of treatment have been satisfied.
2. If, upon the expiration of the treatment period, the treatment provider has yet to certify that the person has completed his or her treatment program, the court shall sentence the person. If the person has satisfied the conditions to the election of treatment and the court believes that the person will complete his or her treatment on a voluntary basis, it may, in its discretion, set the conviction aside.
3. If, before the treatment period expires, the treatment provider determines that the person is not likely to benefit from further treatment with the treatment provider, it shall so advise the court. The court shall then:
(a) Arrange for the transfer of the person to a more suitable treatment provider, if any; or
(b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.
Whenever a person is sentenced under this section, time spent in inpatient treatment must be deducted from any sentence imposed.
4. Upon satisfactory completion of the treatment program, the court shall order sealed all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents related to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall order those records sealed without a hearing unless the prosecution petitions the court, for good cause shown, not to seal the records and requests a hearing thereon. When the court orders sealed the records of a person pursuant to this subsection, the court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order. The provisions of this subsection apply only to the offense for which the person has been placed into treatment pursuant to NRS 458.290 to 458.350, inclusive.
(Added to NRS by 1975, 972; A 1981, 1333; 1987, 964; 1995, 236; 2009, 421; 2015, 751; R 2019, 4488, effective July 1, 2020)
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