NRS458A.230. Examination of person; determination of acceptability for treatment; imposition of conditions; payment of restitution; deferment of sentencing; payment of costs of treatment.

      1.  If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458A.210, the court shall order a qualified mental health professional to conduct an examination of the person to determine whether the person is a problem gambler, whether the person committed the crime in furtherance or as a result of problem gambling and whether the person is likely to be rehabilitated through treatment. The qualified mental health professional shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.

      2.  If the court, acting on the report or other relevant information, determines that the person is not a problem gambler, did not commit the crime in furtherance or as a result of problem gambling, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, the person may be sentenced and the sentence executed.

      3.  If the court determines that the person is a problem gambler, committed the crime in furtherance or as a result of problem gambling, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

      (a) Impose any conditions upon the election of treatment that may be imposed as conditions of probation;

      (b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458A.240; and

      (c) Place the person under the supervision of a qualified mental health professional for not less than 1 year and not more than 3 years.

Ê The court may require such progress reports on the treatment of the person as it deems necessary.

      4.  If the court places a person under the supervision of a qualified mental health professional for the purpose of receiving treatment pursuant to NRS 458A.200 to 458A.260, inclusive, the person must agree to pay restitution as a condition upon the election of treatment.

      5.  A person who is placed under the supervision of a qualified mental health professional shall pay the cost of the program of treatment to which the person is assigned and the cost of any additional supervision that may be required, to the extent of the financial resources of the person. The court may issue a judgment in favor of the court or the qualified mental health professional for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment. The judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 6.

      6.  If the person who is placed under the supervision of a qualified mental health professional does not have the financial resources to pay all of the related costs:

      (a) The court shall, to the extent practicable, arrange for the person to be assigned to a program that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

      (b) The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to the person’s treatment and supervision. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of this State or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, if the insurance is industrial insurance, it is provided by the authority for which the person performs the community service.

      7.  No person may be placed under the supervision of a qualified mental health professional pursuant to this section unless the qualified mental health professional accepts the person for treatment.

      (Added to NRS by 2009, 1437)