NRS458.330. Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another facility or sentencing; sealing of records.

      1.  Whenever a person is placed under the supervision of a treatment facility, the person’s sentencing must be deferred and the person’s conviction must be set aside if the treatment facility certifies to the court that the person has satisfactorily completed the treatment program, and 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 facility 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 facility determines that the person is not likely to benefit from further treatment at the facility, it shall so advise the court. The court shall then:

      (a) Arrange for the transfer of the person to a more suitable treatment facility, if any; or

      (b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

Ê Whenever a person is sentenced under this section, time spent in institutional care 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)