Nevada Revised Statutes 458A.220 – Hearing to determine whether person should receive treatment; court to advise person of conditions
1. If the court:
Terms Used In Nevada Revised Statutes 458A.220
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Has reason to believe that:
(1) A person who has been convicted of a crime is a person with an addictive disorder related to gambling; and
(2) The person committed the crime in furtherance or as a result of problem gambling; and
(b) Finds that the person is eligible to make the election as provided in NRS 458A.210, the court shall hold a hearing before it sentences the person to determine whether or not the person committed the crime in furtherance or as a result of problem gambling and whether or not the person should receive treatment under the supervision of a qualified mental health professional. The district attorney may present the court with any evidence concerning whether the person committed the crime in furtherance or as a result of problem gambling and 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 the person elects to submit to treatment and is accepted into a program for the treatment of problem gambling. 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, the person:
(1) May be placed under the supervision of the qualified mental health professional for a period of not less than 1 year and not more than 3 years; and
(2) Must agree to pay restitution as a condition upon the election of treatment;
(c) During treatment, the person may be confined in an institution or, at the discretion of the qualified mental health professional, released for treatment or supervised care in the community;
(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 treatment and satisfy the conditions, the person may be sentenced and the sentence executed; and
(e) If the person’s conviction is set aside pursuant to NRS 458A.240, he or she may, at any time after the conviction is set aside, file a petition pursuant to NRS 179.255 for the sealing of all records relating to the setting aside of the conviction.