2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.320 - Application by first-time offender to undergo program of treatment; hearing under certain circumstances; sentencing of offender and conditional suspension of sentence; administration of program; notice to Department.

1. An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 6 months. The court shall 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; or
(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;
(b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and
(c) The offender has served or will serve a term of imprisonment in jail of not less than 1 day, or has performed or will perform 24 hours of community service.
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 question of whether the offender is eligible to undergo a program of treatment for an alcohol or other substance use disorder. 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. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
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 upon affidavits and other information before the court.
4. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered 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 a period not to exceed 3 years.
(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.
(3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is not less than 1 day and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law.
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, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.
(Added to NRS by 1997, 1744; A 1999, 1882, 3070, 3418; 2001, 127, 133, 435, 1886; 2001 Special Session, 149; 2003, 448; 2005, 141, 609; 2007, 3089; 2009, 1870; 2015, 754; 2019, 502, 4480; 2021, 2458)—(Substituted in revision for NRS 484.37937)