NRS176A.780. Eligibility; procedure; completion; deduction of time from sentence.

      1.  If a defendant:

      (a) Is male;

      (b) Has been convicted of a felony that:

             (1) Does not involve an act of violence; or

           (2) Involves an act of violence, but the district attorney stipulates to the defendant’s eligibility to participate in a program of regimental discipline;

      (c) Is at least 18 years of age;

     (d) Has not been incarcerated in jail during his lifetime for a cumulative total of more than 365 days;

      (e) Has never been incarcerated in prison; and

      (f) Is otherwise eligible for probation,

Ê the court may order the defendant satisfactorily to complete a program of regimental discipline for 150 days before sentencing the defendant or in lieu of causing the sentence imposed to be executed upon violation of a condition of probation or suspension of sentence.

      2.  If the court orders the defendant to undergo a program of regimental discipline, it:

      (a) Shall place the defendant under the supervision of the Director of the Department of Corrections for not more than 190 days, not more than the first 30 days of which must be used to determine the defendant’s eligibility to participate in the program. In determining the defendant’s eligibility to participate in the program, the Director shall:

             (1) Make all reasonable efforts to accommodate the defendant in the program; and

             (2) Consider the facts and circumstances of the defendant’s offense based on the police report, the report of the presentence investigation and any other information available to the Director.

      (b) Shall, if appropriate, direct the Chief Parole and Probation Officer to provide a copy of the defendant’s records to the Director of the Department of Corrections.

      (c) Shall require the defendant to be returned to the court not later than 30 days after the defendant is placed under the supervision of the Director, if the defendant is determined to be ineligible for the program.

      (d) May require such reports concerning the defendant’s participation in the program as it deems desirable.

      3.  If the defendant is ordered to complete the program before sentencing, the Director of the Department of Corrections shall return the defendant to the court not later than 150 days after the defendant began the program. The Director shall certify either that the defendant satisfactorily completed the program or that the defendant did not, and shall report the results of the Director’s evaluation, including any recommendations which will be helpful in determining the proper sentence. Upon receiving the report, the court shall sentence the defendant.

      4.  If the defendant is ordered to complete the program in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation and the defendant satisfactorily completes the program, the Director of the Department of Corrections shall, not later than 150 days after the defendant began the program, return the defendant to the court with certification that the defendant satisfactorily completed the program. The court shall direct that:

      (a) The defendant be placed under the supervision of the Chief Parole and Probation Officer; and

      (b) The Director of the Department of Corrections cause a copy of the records concerning the defendant’s participation in the program to be provided to the Chief Parole and Probation Officer.

      5.  If a defendant is ordered to complete the program of regimental discipline in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation, a failure by the defendant satisfactorily to complete the program constitutes a violation of that condition of probation and the Director of the Department of Corrections shall return the defendant to the court.

      6.  Time spent in the program must be deducted from any sentence which may thereafter be imposed.

      (Added to NRS by 1989, 1852; A 1993, 1942; 2001 Special Session, 222; 2013, 1846)