[Effective through June 30, 2007.] As
used in NRS 458.010 to 458.350 , inclusive, unless the context requires
otherwise:
1. “Administrator” means the Administrator of the Health Division.
2. “Alcohol and drug abuse program” means a project concerned with
education, prevention and treatment directed toward achieving the mental
and physical restoration of alcohol and drug abusers.
3. “Alcohol and drug abuser” means a person whose consumption of
alcohol or other drugs, or any combination thereof, interferes with or
adversely affects his ability to function socially or economically.
4. “Alcoholic” means any person who habitually uses alcoholic
beverages to the extent that he endangers the health, safety or welfare
of himself or any other person or group of persons.
5. “Board” means the State Board of Health.
6. “Civil protective custody” means a custodial placement of a
person to protect his health or safety. Civil protective custody does not
have any criminal implication.
7. “Detoxification technician” means a person who is certified by
the Health Division to provide screening for the safe withdrawal from
alcohol and other drugs.
8. “Facility” means a physical structure used for the education,
prevention and treatment, including mental and physical restoration, of
alcohol and drug abusers.
9. “Health Division” means the Health Division of the Department
of Health and Human Services.
(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174; 1973, 1060,
1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266 , 1874 , 3065 , 3066 , 3077 ; 2001, 418 , 440 , 1909 , 2519 ; 2003, 1454 )
[Effective from July 1, 2007, until the
date the regulation adopted by the Board of Examiners for Alcohol, Drug
and Gambling Counselors for the certification of a person as a
detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is
otherwise specified in the regulation.] As used in NRS 458.010 to 458.350 ,
inclusive, unless the context requires otherwise:
1. “Administrator” means the Administrator of the Division.
2. “Alcohol and drug abuse program” means a project concerned with
education, prevention and treatment directed toward achieving the mental
and physical restoration of alcohol and drug abusers.
3. “Alcohol and drug abuser” means a person whose consumption of
alcohol or other drugs, or any combination thereof, interferes with or
adversely affects his ability to function socially or economically.
4. “Alcoholic” means any person who habitually uses alcoholic
beverages to the extent that he endangers the health, safety or welfare
of himself or any other person or group of persons.
5. “Civil protective custody” means a custodial placement of a
person to protect his health or safety. Civil protective custody does not
have any criminal implication.
6. “Detoxification technician” means a person who is certified by
the Division to provide screening for the safe withdrawal from alcohol
and other drugs.
7. “Division” means the Division of Mental Health and
Developmental Services of the Department of Health and Human Services.
8. “Facility” means a physical structure used for the education,
prevention and treatment, including mental and physical restoration, of
alcohol and drug abusers.
(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174; 1973, 1060,
1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266 , 1874 , 3065 , 3066 , 3077 ; 2001, 418 , 440 , 1909 , 2519 ; 2003, 1454 ; 2005, 22nd Special Session, 56 , effective July 1, 2007)
[Effective on the date the regulation
adopted by the Board of Examiners for Alcohol, Drug and Gambling
Counselors for the certification of a person as a detoxification
technician pursuant to NRS 641C.500
becomes effective, unless a later date is otherwise specified in the
regulation.] As used in NRS 458.010 to
458.350 , inclusive, unless the context
requires otherwise:
1. “Administrator” means the Administrator of the Division.
2. “Alcohol and drug abuse program” means a project concerned with
education, prevention and treatment directed toward achieving the mental
and physical restoration of alcohol and drug abusers.
3. “Alcohol and drug abuser” means a person whose consumption of
alcohol or other drugs, or any combination thereof, interferes with or
adversely affects his ability to function socially or economically.
4. “Alcoholic” means any person who habitually uses alcoholic
beverages to the extent that he endangers the health, safety or welfare
of himself or any other person or group of persons.
5. “Civil protective custody” means a custodial placement of a
person to protect his health or safety. Civil protective custody does not
have any criminal implication.
6. “Division” means the Division of Mental Health and
Developmental Services of the Department of Health and Human Services.
7. “Facility” means a physical structure used for the education,
prevention and treatment, including mental and physical restoration, of
alcohol and drug abusers.
(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174; 1973, 1060,
1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266 , 1874 , 3065 , 3066 , 3077 ; 2001, 418 , 440 , 1909 , 2519 ; 2003, 1168 , 1454 ; 2005, 22nd Special Session, 56 , 57 , effective on the date the
regulation adopted by the Board of Examiners for Alcohol, Drug and
Gambling Counselors for the certification of a person as a detoxification
technician pursuant to NRS 641C.500 becomes effective, unless a later
date is otherwise specified in the regulation)
ALCOHOL AND DRUG ABUSE PROGRAMS
[Effective through
June 30, 2007.] The Health Division:
1. Shall formulate and operate a comprehensive state plan for
alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol
and drug abuse, including a survey of the facilities needed to provide
services and a plan for the development and distribution of services and
programs throughout this State.
(b) A plan for programs to educate the public in the problems of
the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional training
in fields of health and other persons involved in the prevention of
alcohol and drug abuse and in the treatment and recovery of alcohol and
drug abusers, and a plan to provide the necessary treatment.
Ê In developing and revising the state plan, the Health Division shall
consider, without limitation, the amount of money available from the
Federal Government for alcohol and drug abuse programs and the conditions
attached to the acceptance of that money, and the limitations of
legislative appropriations for alcohol and drug abuse programs.
2. Shall coordinate the efforts to carry out the state plan and
coordinate all state and federal financial support of alcohol and drug
abuse programs in this State.
3. Must be consulted in the planning of projects and advised of
all applications for grants from within this State which are concerned
with alcohol and drug abuse programs, and shall review the applications
and advise the applicants concerning the applications.
4. Shall certify or deny certification of detoxification
technicians or any facilities or programs on the basis of the standards
established by the Board pursuant to this section, and publish a list of
certified detoxification technicians, facilities and programs. Any
detoxification technicians, facilities or programs which are not
certified are ineligible to receive state and federal money for alcohol
and drug abuse programs. The Board shall adopt regulations. The
regulations:
(a) Must prescribe the requirements for continuing education for
persons certified as detoxification technicians; and
(b) May prescribe the fees for the certification of detoxification
technicians, facilities or programs. A fee prescribed pursuant to this
paragraph must be calculated to produce the revenue estimated to cover
the costs related to the certifications, but in no case may a fee for a
certificate exceed the actual cost to the Health Division of issuing the
certificate.
5. Upon request from a facility which is self-supported, may
certify the facility, its programs and detoxification technicians and add
them to the list described in subsection 4.
(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526;
1999, 1267 , 1875 , 3066 ; 2001, 419 , 441 , 1910 , 2519 )
[Effective from July
1, 2007, until the date the regulation adopted by the Board of Examiners
for Alcohol, Drug and Gambling Counselors for the certification of a
person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is
otherwise specified in the regulation.] The Division:
1. Shall formulate and operate a comprehensive state plan for
alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol
and drug abuse, including a survey of the facilities needed to provide
services and a plan for the development and distribution of services and
programs throughout this State.
(b) A plan for programs to educate the public in the problems of
the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional training
in fields of health and other persons involved in the prevention of
alcohol and drug abuse and in the treatment and recovery of alcohol and
drug abusers, and a plan to provide the necessary treatment.
Ê In developing and revising the state plan, the Division shall consider,
without limitation, the amount of money available from the Federal
Government for alcohol and drug abuse programs and the conditions
attached to the acceptance of that money, and the limitations of
legislative appropriations for alcohol and drug abuse programs.
2. Shall coordinate the efforts to carry out the state plan and
coordinate all state and federal financial support of alcohol and drug
abuse programs in this State.
3. Must be consulted in the planning of projects and advised of
all applications for grants from within this State which are concerned
with alcohol and drug abuse programs, and shall review the applications
and advise the applicants concerning the applications.
4. Shall certify or deny certification of detoxification
technicians or any facilities or programs on the basis of the standards
established by the Division pursuant to this section, and publish a list
of certified detoxification technicians, facilities and programs. Any
detoxification technicians, facilities or programs which are not
certified are ineligible to receive state and federal money for alcohol
and drug abuse programs. The Division shall adopt regulations. The
regulations:
(a) Must prescribe the requirements for continuing education for
persons certified as detoxification technicians; and
(b) May prescribe the fees for the certification of detoxification
technicians, facilities or programs. A fee prescribed pursuant to this
paragraph must be calculated to produce the revenue estimated to cover
the costs related to the certifications, but in no case may a fee for a
certificate exceed the actual cost to the Division of issuing the
certificate.
5. Upon request from a facility which is self-supported, may
certify the facility, its programs and detoxification technicians and add
them to the list described in subsection 4.
(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526;
1999, 1267 , 1875 , 3066 ; 2001, 419 , 441 , 1910 , 2519 ; 2005, 22nd Special Session, 57 , effective July 1, 2007)
[Effective on the date the regulation adopted by the Board
of Examiners for Alcohol, Drug and Gambling Counselors for the
certification of a person as a detoxification technician pursuant to NRS
641C.500 becomes effective, unless a
later date is otherwise specified in the regulation.] The Division:
1. Shall formulate and operate a comprehensive state plan for
alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol
and drug abuse, including a survey of the facilities needed to provide
services and a plan for the development and distribution of services and
programs throughout this State.
(b) A plan for programs to educate the public in the problems of
the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional training
in fields of health and other persons involved in the prevention of
alcohol and drug abuse and in the treatment and recovery of alcohol and
drug abusers, and a plan to provide the necessary treatment.
Ê In developing and revising the state plan, the Division shall consider,
without limitation, the amount of money available from the Federal
Government for alcohol and drug abuse programs and the conditions
attached to the acceptance of that money, and the limitations of
legislative appropriations for alcohol and drug abuse programs.
2. Shall coordinate the efforts to carry out the state plan and
coordinate all state and federal financial support of alcohol and drug
abuse programs in this State.
3. Must be consulted in the planning of projects and advised of
all applications for grants from within this State which are concerned
with alcohol and drug abuse programs, and shall review the applications
and advise the applicants concerning the applications.
4. Shall certify or deny certification of any facilities or
programs on the basis of the standards established by the Division
pursuant to this section, and publish a list of certified facilities and
programs. Any facilities or programs which are not certified are
ineligible to receive state and federal money for alcohol and drug abuse
programs. The Division shall adopt regulations which may prescribe the
fees for the certification of facilities or programs. A fee prescribed
pursuant to this subsection must be calculated to produce the revenue
estimated to cover the costs related to the certifications, but in no
case may a fee for a certificate exceed the actual cost to the Division
of issuing the certificate.
5. Upon request from a facility which is self-supported, may
certify the facility and its programs and add them to the list described
in subsection 4.
(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526;
1999, 1267 , 1875 , 3066 ; 2001, 419 , 441 , 1910 , 2519 ; 2003, 1168 ; 2005, 22nd Special Session, 57 , 58 , effective on the date the
regulation adopted by the Board of Examiners for Alcohol, Drug and
Gambling Counselors for the certification of a person as a detoxification
technician pursuant to NRS 641C.500 becomes effective, unless a later
date is otherwise specified in the regulation)
[Effective through June 30, 2007.]
1. An applicant for the issuance or renewal of his certification
as a detoxification technician must submit to the Health Division the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Health Division shall include the statement required
pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certification; or
(b) A separate form prescribed by the Health Division.
3. The certification of a person as a detoxification technician
may not be issued or renewed by the Health Division if the applicant:
(a) Fails to complete or submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Administrator
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2059; A 1999, 1268 , 3067 ; 2001, 132 , 133 , 420 , 442 , 1910 , 2520 ; R 2003, 1169 )
[Effective July 1, 2007, and
expires by limitation on the date the regulation adopted by the Board of
Examiners for Alcohol, Drug and Gambling Counselors for the certification
of a person as a detoxification technician pursuant to NRS 641C.500
becomes effective, unless a later
date is otherwise specified in the regulation, or on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings, whichever occurs first.]
1. An applicant for the issuance or renewal of his certification
as a detoxification technician must submit to the Division the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certification; or
(b) A separate form prescribed by the Division.
3. The certification of a person as a detoxification technician
may not be issued or renewed by the Division if the applicant:
(a) Fails to complete or submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Administrator
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2059; A 1999, 1268 , 3067 ; 2001, 132 , 133 , 420 , 442 , 1910 , 2520 ; R 2003, 1169 ; A 2005, 22nd Special Session, 59 , effective July 1, 2007)
[Effective through
June 30, 2007.]
1. If the Health Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who has been
certified as a detoxification technician, the Health Division shall deem
the certification to be suspended at the end of the 30th day after the
date on which the court order was issued unless the Health Division
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
who has been certified stating that the person has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
2. The Health Division shall reinstate the certification of a
person as a detoxification technician that has been suspended by a
district court pursuant to NRS 425.540
if the Health Division receives a letter issued by the district attorney
or other public agency pursuant to NRS 425.550 to the person whose certification was
suspended stating that the person whose certification was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2060; A 1999, 1268 , 3068 ; 2001, 421 , 443 , 1911 , 2521 ; R 2003, 1169 )
[Effective July 1,
2007, and expires by limitation on the date the regulation adopted by the
Board of Examiners for Alcohol, Drug and Gambling Counselors for the
certification of a person as a detoxification technician pursuant to NRS
641C.500 becomes effective, unless a
later date is otherwise specified in the regulation, or on the date of
the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings, whichever occurs first.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who has been
certified as a detoxification technician, the Division shall deem the
certification to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Division receives a letter
issued by the district attorney or other public agency pursuant to NRS
425.550 to the person who has been
certified stating that the person has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Division shall reinstate the certification of a person as a
detoxification technician that has been suspended by a district court
pursuant to NRS 425.540 if the Division
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose certification was suspended stating that the person whose
certification was suspended has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2060; A 1999, 1268 , 3068 ; 2001, 421 , 443 , 1911 , 2521 ; R 2003, 1169 ; A 2005, 22nd Special Session, 59 , effective July 1, 2007)
[Expires by limitation on
the date the regulation adopted by the Board of Examiners for Alcohol,
Drug and Gambling Counselors, for the certification of a person as a
detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is
otherwise specified in the regulation, or on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings, whichever occurs first.] An application for the
certification of a detoxification technician must include the social
security number of the applicant.
(Added to NRS by 1997, 2060; A 1999, 1269 , 3068 ; 2001, 1911 , 2521 ; R 2003, 1169 )
010 to 458.350 ,
inclusive. [Effective through June 30, 2007.] The Health Division shall
administer the provisions of NRS 458.010 to 458.350 ,
inclusive, as the sole agency of the State of Nevada for that purpose.
(Added to NRS by 1973, 1397; A 1997, 3076; 1999, 3069 ; 2001, 421 ; 2003, 1455 )
010 to 458.350 ,
inclusive. [Effective July 1, 2007.] The Division shall administer the
provisions of NRS 458.010 to 458.350
, inclusive, as the sole agency of the
State of Nevada for that purpose.
(Added to NRS by 1973, 1397; A 1997, 3076; 1999, 3069 ; 2001, 421 ; 2003, 1455 ; 2005, 22nd Special Session, 60 , effective July 1, 2007)
[Effective
through June 30, 2007.] The Health Division may contract with any
appropriate public or private agency, organization or institution to
carry out the provisions of NRS 458.010
to 458.350 , inclusive.
(Added to NRS by 1973, 1398; A 1997, 3076; 1999, 3069 ; 2001, 421 )
[Effective July 1,
2007.] The Division may contract with any appropriate public or private
agency, organization or institution to carry out the provisions of NRS
458.010 to 458.350 , inclusive.
(Added to NRS by 1973, 1398; A 1997, 3076; 1999, 3069 ; 2001, 421 ; 2005, 22nd Special Session, 60 , effective July 1, 2007)
[Effective through June 30,
2007.]
1. To preserve the confidentiality of any information concerning
persons applying for or receiving any services pursuant to NRS 458.010
to 458.350 , inclusive, the Health Division may establish
and enforce rules governing the confidential nature, custody, use and
preservation of the records, files and communications filed with the
Health Division.
2. Wherever information concerning persons applying for and
receiving any services pursuant to NRS 458.010 to 458.350 ,
inclusive, is furnished to or held by any other government agency or a
public or private institution, the use of that information by the agency
or institution is subject to the rules established by the Health Division
pursuant to subsection 1.
3. Except as otherwise provided in NRS 442.300 to 442.330 ,
inclusive, and 449.705 and chapter 629
of NRS and except for purposes directly
connected with the administration of NRS 458.010 to 458.350 ,
inclusive, a person shall not disclose, use or authorize the disclosure
of any confidential information concerning a person receiving services
pursuant to NRS 458.010 to 458.350
, inclusive.
(Added to NRS by 1973, 1398; A 1991, 2350; 1997, 3077; 1999, 3069
, 3514 ; 2001, 421 ; 2003, 1455 )
[Effective July 1, 2007.]
1. To preserve the confidentiality of any information concerning
persons applying for or receiving any services pursuant to NRS 458.010
to 458.350 , inclusive, the Division may establish and
enforce rules governing the confidential nature, custody, use and
preservation of the records, files and communications filed with the
Division.
2. Wherever information concerning persons applying for and
receiving any services pursuant to NRS 458.010 to 458.350 ,
inclusive, is furnished to or held by any other government agency or a
public or private institution, the use of that information by the agency
or institution is subject to the rules established by the Division
pursuant to subsection 1.
3. Except as otherwise provided in NRS 442.300 to 442.330 ,
inclusive, and 449.705 and chapter 629
of NRS and except for purposes directly
connected with the administration of NRS 458.010 to 458.350 ,
inclusive, a person shall not disclose, use or authorize the disclosure
of any confidential information concerning a person receiving services
pursuant to NRS 458.010 to 458.350
, inclusive.
(Added to NRS by 1973, 1398; A 1991, 2350; 1997, 3077; 1999, 3069
, 3514 ; 2001, 421 ; 2003, 1455 ; 2005, 22nd Special Session, 60 , effective July 1, 2007)
[Effective through June 30, 2007.] The Health Division may, by
contracting with organized groups, render partial financial assistance in
the operation of facilities established by these groups. Each such
contract must contain a provision allowing for an audit of all accounts,
books and other financial records of the organization with which the
agency contracts.
(Added to NRS by 1960, 307; A 1963, 1028; 1971, 90; 1973, 1400,
1669; 1975, 316; 2001, 421 )
[Effective July 1, 2007.] The Division may, by contracting
with organized groups, render partial financial assistance in the
operation of facilities established by these groups. Each such contract
must contain a provision allowing for an audit of all accounts, books and
other financial records of the organization with which the agency
contracts.
(Added to NRS by 1960, 307; A 1963, 1028; 1971, 90; 1973, 1400,
1669; 1975, 316; 2001, 421 ; 2005, 22nd Special Session, 60 , effective July 1, 2007)
Alcohol and drug abusers must be admitted to public or private general
medical hospitals which receive federal or state money for alcohol and
drug abuse programs, and must be treated in those hospitals on the basis
of their medical need. No general medical hospital that violates this
section is eligible to receive further federal or state assistance
pursuant to NRS 458.010 to 458.350
, inclusive.
(Added to NRS by 1973, 1398; A 1997, 3077; 1999, 3069 )
[Effective through June 30, 2007.]
1. Money received by the Health Division pursuant to NRS 369.174
must be used to increase services for
the prevention of alcohol and drug abuse and alcoholism and for the
detoxification and rehabilitation of alcohol and drug abusers. In
allocating the money for the increase of services, the Health Division
shall give priority to:
(a) The areas where there exists a shortage of services for the
treatment of alcoholism and alcohol abuse. The Health Division shall
determine the areas of shortage on the basis of data available from state
and local agencies, data contained in the comprehensive state plan for
alcohol and drug abuse programs, and other appropriate data.
(b) The needs of counties to provide:
(1) Civil protective custody, pursuant to NRS 458.270 , for persons who are found in public places
while under the influence of alcohol; and
(2) Secure detoxification units or other appropriate
facilities for persons who are arrested or taken into custody while under
the influence of a controlled substance.
(c) Alcohol and drug abuse programs that are primarily directed
toward the prevention of such abuse.
2. As used in this section, “secure detoxification unit” has the
meaning ascribed to it in NRS 458.175 .
(Added to NRS by 1981, 896; A 1997, 781; 2001, 422 ; 2003, 1455 )
[Effective July 1, 2007.]
1. Money received by the Division pursuant to NRS 369.174 must be used to increase services for the
prevention of alcohol and drug abuse and alcoholism and for the
detoxification and rehabilitation of alcohol and drug abusers. In
allocating the money for the increase of services, the Division shall
give priority to:
(a) The areas where there exists a shortage of services for the
treatment of alcoholism and alcohol abuse. The Division shall determine
the areas of shortage on the basis of data available from state and local
agencies, data contained in the comprehensive state plan for alcohol and
drug abuse programs, and other appropriate data.
(b) The needs of counties to provide:
(1) Civil protective custody, pursuant to NRS 458.270 , for persons who are found in public places
while under the influence of alcohol; and
(2) Secure detoxification units or other appropriate
facilities for persons who are arrested or taken into custody while under
the influence of a controlled substance.
(c) Alcohol and drug abuse programs that are primarily directed
toward the prevention of such abuse.
2. As used in this section, “secure detoxification unit” has the
meaning ascribed to it in NRS 458.175 .
(Added to NRS by 1981, 896; A 1997, 781; 2001, 422 ; 2003, 1455 ; 2005, 22nd Special Session, 60 , effective July 1, 2007)
1. The Tax on Liquor Program Account is hereby created in the
State General Fund.
2. Money in the Account that is received pursuant to NRS 369.174
must be used for the purposes specified
in NRS 458.097 .
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1999, 21 ; A 2001, 422 )
[Effective through June 30, 2007.]
1. All gifts or grants of money for an alcohol and drug abuse
program which the Health Division is authorized to accept must be
deposited in the State Treasury for credit to the State Grant and Gift
Account for Alcohol and Drug Abuse which is hereby created in the
Department of Health and Human Services’ Gift Fund.
2. Money in the Account must be used to carry out the provisions
of NRS 458.010 to 458.350 , inclusive.
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1960, 307; A 1963, 968; 1973, 1400; 1975, 261;
1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21 , 1876 , 3069 ; 2001, 219 , 422 )
[Effective July 1, 2007.]
1. All gifts or grants of money for an alcohol and drug abuse
program which the Division is authorized to accept must be deposited in
the State Treasury for credit to the State Grant and Gift Account for
Alcohol and Drug Abuse which is hereby created in the Department of
Health and Human Services’ Gift Fund.
2. Money in the Account must be used to carry out the provisions
of NRS 458.010 to 458.350 , inclusive.
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1960, 307; A 1963, 968; 1973, 1400; 1975, 261;
1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21 , 1876 , 3069 ; 2001, 219 , 422 ; 2005, 22nd Special Session, 61 , effective July 1, 2007)
[Effective through June 30, 2007.] The Health Division may accept:
1. Money appropriated and made available by any act of Congress
for any alcohol and drug abuse program administered by the Health
Division as provided by law.
2. Money appropriated and made available by the State of Nevada or
by a county, a city, a public district or any political subdivision of
this State for any alcohol and drug abuse program administered by the
Health Division as provided by law.
(Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422
)
[Effective
July 1, 2007.] The Division may accept:
1. Money appropriated and made available by any act of Congress
for any alcohol and drug abuse program administered by the Division as
provided by law.
2. Money appropriated and made available by the State of Nevada or
by a county, a city, a public district or any political subdivision of
this State for any alcohol and drug abuse program administered by the
Division as provided by law.
(Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422
; 2005, 22nd Special Session, 61 , effective July 1, 2007)
[Effective
through June 30, 2007.]
1. If the Administrator determines that current claims exceed the
amount of money available to the Health Division because of a delay in
the receipt of money from federal grants, he may request from the
Director of the Department of Administration a temporary advance from the
State General Fund for the payment of authorized expenses.
2. The Director of the Department of Administration shall notify
the State Controller and the Fiscal Analysis Division of the Legislative
Counsel Bureau of his approval of a request made pursuant to subsection
1. The State Controller shall draw his warrant upon receipt of the
approval by the Director of the Department of Administration.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Department of
Administration for use pursuant to NRS 458.080 ; and
(b) Is limited to 25 percent of the revenue expected to be received
in the current fiscal year from any source other than legislative
appropriation.
4. Any money which is temporarily advanced from the State General
Fund to the Health Division pursuant to this section must be repaid by
August 31 following the end of the fiscal year during which the money was
advanced.
(Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422 )
[Effective
July 1, 2007.]
1. If the Administrator determines that current claims exceed the
amount of money available to the Division because of a delay in the
receipt of money from federal grants, he may request from the Director of
the Department of Administration a temporary advance from the State
General Fund for the payment of authorized expenses.
2. The Director of the Department of Administration shall notify
the State Controller and the Fiscal Analysis Division of the Legislative
Counsel Bureau of his approval of a request made pursuant to subsection
1. The State Controller shall draw his warrant upon receipt of the
approval by the Director of the Department of Administration.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Department of
Administration for use pursuant to NRS 458.080 ; and
(b) Is limited to 25 percent of the revenue expected to be received
in the current fiscal year from any source other than legislative
appropriation.
4. Any money which is temporarily advanced from the State General
Fund to the Division pursuant to this section must be repaid by August 31
following the end of the fiscal year during which the money was advanced.
(Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422 ; 2005, 22nd Special Session, 61 , effective July 1, 2007)
[Effective through June 30, 2007.] The Health Division may fix and
collect reasonable fees for the sale of miscellaneous printed materials
pertaining to alcohol and drug abuse which are purchased or prepared by
the Health Division. The fees must be deposited in the State Treasury to
the credit of the General Fund.
(Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423
)
[Effective July 1, 2007.] The Division may fix and collect reasonable
fees for the sale of miscellaneous printed materials pertaining to
alcohol and drug abuse which are purchased or prepared by the Division.
The fees must be deposited in the State Treasury to the credit of the
General Fund.
(Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423
; 2005, 22nd Special Session, 61 , effective July 1, 2007)
[Effective
through June 30, 2007.] In addition to the activities set forth in NRS
458.025 to 458.115 , inclusive, the Health Division may engage in
any activity necessary to effectuate the purposes of NRS 458.010 to 458.350 ,
inclusive.
(Added to NRS by 1960, 307; A 1963, 968; 1973, 1401; 1985, 295;
1997, 3077; 1999, 3070 ; 2001, 423 )
[Effective July 1,
2007.] In addition to the activities set forth in NRS 458.025 to 458.115 ,
inclusive, the Division may engage in any activity necessary to
effectuate the purposes of NRS 458.010
to 458.350 , inclusive.
(Added to NRS by 1960, 307; A 1963, 968; 1973, 1401; 1985, 295;
1997, 3077; 1999, 3070 ; 2001, 423 ; 2005, 22nd Special Session, 62 , effective July 1, 2007)
Money to carry
out the provisions of NRS 458.010 to
458.350 , inclusive, must be provided by
direct legislative appropriation from the State General Fund and paid out
on claims as other claims against the State are paid. All claims must be
approved by the Administrator before they are paid.
(Added to NRS by 1961, 159; A 1963, 968; 1973, 1401; 1997, 3078;
1999, 3070 ; 2001, 423 ; 2003, 1456 )
SERVICES FOR ADOLESCENTS
[Effective through June 30, 2007.]
1. The Health Division shall prepare requests for proposals for
the provision by facilities of:
(a) Residential treatment of adolescents who engage in substance
abuse;
(b) Outpatient treatment of adolescents who engage in substance
abuse;
(c) Comprehensive evaluations of adolescents with problems relating
to substance abuse or mental illness, or both; and
(d) Transitional housing for adolescents who engage in substance
abuse.
2. Upon accepting a proposal submitted in accordance with this
section, the Health Division may advance not more than 8 percent of the
amount of the proposal to the facility that submitted the proposal to
help defray the costs of starting the provision of the services,
including, without limitation, the cost of beds, equipment and rental
space for expansion.
3. The Health Division shall establish such requirements for the
requests for proposals as it determines necessary.
4. The Health Division shall hire, to the extent of legislative
authorization, such staff as it determines necessary to carry out the
provisions of this section and NRS 458.131 .
(Added to NRS by 1999, 1873 ; A 2001, 423 )
[Effective July 1, 2007.]
1. The Division shall prepare requests for proposals for the
provision by facilities of:
(a) Residential treatment of adolescents who engage in substance
abuse;
(b) Outpatient treatment of adolescents who engage in substance
abuse;
(c) Comprehensive evaluations of adolescents with problems relating
to substance abuse or mental illness, or both; and
(d) Transitional housing for adolescents who engage in substance
abuse.
2. Upon accepting a proposal submitted in accordance with this
section, the Division may advance not more than 8 percent of the amount
of the proposal to the facility that submitted the proposal to help
defray the costs of starting the provision of the services, including,
without limitation, the cost of beds, equipment and rental space for
expansion.
3. The Division shall establish such requirements for the requests
for proposals as it determines necessary.
4. The Division shall hire, to the extent of legislative
authorization, such staff as it determines necessary to carry out the
provisions of this section and NRS 458.131 .
(Added to NRS by 1999, 1873 ; A 2001, 423 ; 2005, 22nd Special Session, 62 , effective July 1, 2007)
[Effective through
June 30, 2007.] The Health Division shall, on or before September 1 of
each odd-numbered year, submit to the Director of the Department of
Health and Human Services a report covering the biennium ending on June
30 of that year. The report must include:
1. The name of each facility that received money pursuant to NRS
458.125 during the biennium, and the
amount of money that each facility received for each type of service
provided;
2. If a facility received money pursuant to NRS 458.125 during the biennium to help defray the costs
of starting the provision of services, the name of the facility, the
amount of money received and an accounting of how the money was used;
3. The number of adolescents who received any of the services
described in NRS 458.125 from those
facilities during the biennium, and the number of adolescents who were
receiving those services as of the end of the biennium; and
4. As of the end of the biennium:
(a) The number of adolescents on waiting lists to receive the
services described in NRS 458.125 ; and
(b) An estimate of the number of other adolescents in this State
who are in need of the services described in NRS 458.125 .
(Added to NRS by 1999, 1873 ; A 2001, 423 )
[Effective July 1, 2007.]
The Division shall, on or before September 1 of each odd-numbered year,
submit to the Director of the Department of Health and Human Services a
report covering the biennium ending on June 30 of that year. The report
must include:
1. The name of each facility that received money pursuant to NRS
458.125 during the biennium, and the
amount of money that each facility received for each type of service
provided;
2. If a facility received money pursuant to NRS 458.125 during the biennium to help defray the costs
of starting the provision of services, the name of the facility, the
amount of money received and an accounting of how the money was used;
3. The number of adolescents who received any of the services
described in NRS 458.125 from those
facilities during the biennium, and the number of adolescents who were
receiving those services as of the end of the biennium; and
4. As of the end of the biennium:
(a) The number of adolescents on waiting lists to receive the
services described in NRS 458.125 ; and
(b) An estimate of the number of other adolescents in this State
who are in need of the services described in NRS 458.125 .
(Added to NRS by 1999, 1873 ; A 2001, 423 ; 2005, 22nd Special Session, 62 , effective July 1, 2007)
PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLED SUBSTANCE
1. If a peace officer arrests or takes into custody a person who
is found in any public place unlawfully under the influence of a
controlled substance and in such a condition that he is unable to
exercise care for his health or safety or the health or safety of other
persons, the peace officer may deliver the person to a licensed facility
for the treatment of persons who abuse controlled substances or other
appropriate facility for observation and care.
2. A person who is unlawfully under the influence of a controlled
substance who is arrested or taken into custody by a peace officer must
immediately be taken to a secure detoxification unit or other appropriate
medical facility if his condition appears to require emergency medical
treatment. Upon release from the detoxification unit or medical facility,
the person must immediately be remanded to the custody of the
apprehending peace officer and the criminal proceedings proceed as
prescribed by law.
3. Every peace officer and other public employee or agency acting
pursuant to this section is performing a discretionary function or duty.
4. As used in this section, “secure detoxification unit” includes,
without limitation, a detoxification unit in which the staff of the
detoxification unit ensures the security of the detoxification unit.
(Added to NRS by 2003, 1454 )
CIVIL PROTECTIVE CUSTODY OF ABUSERS OF ALCOHOL
The Legislature
finds and declares that the handling of alcohol abusers within the
criminal justice system is ineffective, whereas treating alcohol abuse as
a health problem allows its prevention and treatment and relieves law
enforcement agencies of a large and inappropriate burden. The provisions
of NRS 458.250 to 458.280 , inclusive, are intended to provide for the
prevention of alcohol abuse and the treatment of alcohol abusers. The
provisions of NRS 458.250 to 458.280
, inclusive, are further intended to
transfer the handling of public intoxication from statutes providing
criminal sanctions, including, without limitation, loitering and
vagrancy, to statutes providing for civil protective custody. To
accomplish these purposes, the Department of Health and Human Services
shall continue to direct itself to the problem of alcohol abuse at large,
attempting to combat the problem at the community level.
(Added to NRS by 1973, 1059; A 1975, 1145; 2001, 425 )
1. Except as otherwise provided in subsection 2, the use of
alcohol, the status of drunkard and the fact of being found in an
intoxicated condition are not:
(a) Public offenses and shall not be so treated in any ordinance or
resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or
civil sanction.
2. The provisions of subsection 1 do not apply to:
(a) A civil or administrative violation for which intoxication is
an element of the violation pursuant to the provisions of a specific
statute or regulation;
(b) A criminal offense for which intoxication is an element of the
offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual
physical control of a vehicle or a vessel under power or sail while under
the influence of intoxicating liquor or a controlled substance or
resulting from any other conduct prohibited by NRS 484.379 , 484.3795 ,
484.37955 , subsection 2 of NRS
488.400 , NRS 488.410 , 488.420 or
488.425 ; and
(d) Any offense or violation which is similar to an offense or
violation described in paragraph (a), (b) or (c) and which is set forth
in an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense
for any criminal act.
(Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333;
1999, 3406 ; 2005, 169 )
1. Except as otherwise provided in subsection 7, a person who is
found in any public place under the influence of alcohol, in such a
condition that he is unable to exercise care for his health or safety or
the health or safety of other persons, must be placed under civil
protective custody by a peace officer.
2. A peace officer may use upon such a person the kind and degree
of force which would be lawful if he were effecting an arrest for a
misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons who abuse
alcohol exists in the community where the person is found, he must be
delivered to the facility for observation and care. If no such facility
exists in the community, the person so found may be placed in a county or
city jail or detention facility for shelter or supervision for his health
and safety until he is no longer under the influence of alcohol. He may
not be required against his will to remain in a licensed facility, jail
or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for
a public offense must immediately be taken to a secure detoxification
unit or other appropriate medical facility if his condition appears to
require emergency medical treatment. Upon release from the detoxification
unit or medical facility, the person must immediately be remanded to the
custody of the apprehending peace officer and the criminal proceedings
proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol
in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which
he is delivered; and
(b) Communicated at the earliest practical time to his family or
next of kin if they can be located.
6. Every peace officer and other public employee or agency acting
pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is
apprehended or arrested for:
(a) A civil or administrative violation for which intoxication is
an element of the violation pursuant to the provisions of a specific
statute or regulation;
(b) A criminal offense for which intoxication is an element of the
offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual
physical control of a vehicle or a vessel under power or sail while under
the influence of intoxicating liquor or a controlled substance or
resulting from any other conduct prohibited by NRS 484.379 , 484.3795 ,
484.37955 , subsection 2 of NRS
488.400 , NRS 488.410 , 488.420 or
488.425 ; and
(d) Any offense or violation which is similar to an offense or
violation described in paragraph (a), (b) or (c) and which is set forth
in an ordinance or resolution of a county, city or town.
(Added to NRS by 1973, 1060; A 1975, 1145; 1989, 1181; 1997, 333;
1999, 3407 ; 2001, 425 ; 2005, 170 )
1. Except as otherwise provided in subsection 2, NRS 442.300
to 442.330 , inclusive, and 449.705 and chapter 629 of
NRS, the registration and other records of a treatment facility are
confidential and must not be disclosed to any person not connected with
the treatment facility without the consent of the patient.
2. The provisions of subsection 1 do not restrict the use of a
patient’s records for the purpose of research into the causes and
treatment of alcoholism if such information is not published in a way
that discloses the patient’s name or other identifying information.
(Added to NRS by 1975, 1144; A 1989, 2057; 1991, 2351; 1999, 3515
)
CIVIL COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS CONVICTED OF CRIME
As used in NRS 458.290 to 458.350 ,
inclusive, unless the context otherwise requires, “drug addict” means any
person who habitually takes or otherwise uses any controlled substance,
other than any maintenance dosage of a narcotic or habit-forming drug
administered pursuant to chapter 453 of NRS,
to the extent that he endangers the health, safety or welfare of himself
or any other person.
(Added to NRS by 1975, 971; A 1987, 1553)
Subject to the provisions of NRS 458.290 to 458.350 ,
inclusive, an alcoholic or a drug addict who has been convicted of a
crime is eligible to elect to be assigned by the court to a program of
treatment for the abuse of alcohol or drugs pursuant to NRS 453.580
before he is sentenced unless:
1. The crime is:
(a) A crime against the person punishable as a felony or gross
misdemeanor as provided in chapter 200 of NRS;
(b) A crime against a child as defined in NRS 179D.210 ;
(c) A sexual offense as defined in NRS 179D.410 ; or
(d) An act which constitutes domestic violence as set forth in NRS
33.018 ;
2. The crime is that of trafficking of a controlled substance;
3. The crime is a violation of NRS 484.379 , 484.3795
or 484.37955 ;
4. The alcoholic or drug addict has a record of two or more
convictions of a crime described in subsection 1 or 2, a similar crime in
violation of the laws of another state, or of three or more convictions
of any felony;
5. Other criminal proceedings alleging commission of a felony are
pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the
appropriate parole or probation authority does not consent to the
election; or
7. The alcoholic or drug addict elected and was admitted, pursuant
to NRS 458.290 to 458.350 , inclusive, to a program of treatment not more
than twice within the preceding 5 years.
(Added to NRS by 1975, 971; A 1981, 1331; 1983, 1089; 1985, 1751;
1987, 962, 1553; 1993, 1235; 1995, 235; 1999, 3408 ; 2005, 171 , 2880 )
1. If the court has reason to believe that a person who has been
convicted of a crime is an alcoholic or drug addict, or the person states
that he is an alcoholic or drug addict, and the court finds that he is
eligible to make the election provided for in NRS 458.300 , the court shall hold a hearing before it
sentences the person to determine whether or not he should receive
treatment under the supervision of a state-approved facility for the
treatment of abuse of alcohol or drugs. The district attorney may present
the court with any evidence concerning the advisability of permitting the
person to make the election.
2. At the hearing the court shall advise him that sentencing will
be postponed if he elects to submit to treatment and is accepted for
treatment by a state-approved facility. In offering the election, the
court shall advise him that:
(a) The court may impose any conditions upon the election of
treatment that could be imposed as conditions of probation;
(b) If he elects to submit to treatment and is accepted, he may be
placed under the supervision of the facility for a period of not less
than 1 year nor more than 3 years;
(c) During treatment he may be confined in an institution or, at
the discretion of the facility, released for treatment or supervised care
in the community; and
(d) If he 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 he does not satisfactorily
complete the treatment and satisfy the conditions, he may be sentenced
and the sentence executed.
(Added to NRS by 1975, 971; A 1977, 472; 1981, 1332; 1985, 1752;
1987, 962)
1. If the court, after a hearing, determines that a person is
entitled to accept the treatment offered pursuant to NRS 458.310 , the court shall order an approved facility
for the treatment of abuse of alcohol or drugs to conduct an examination
of the person to determine whether he is an alcoholic or drug addict and
is likely to be rehabilitated through treatment. The facility 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 an alcoholic or drug
addict, is not likely to be rehabilitated through treatment or is
otherwise not a good candidate for treatment, he may be sentenced and the
sentence executed.
3. If the court determines that the person is an alcoholic or drug
addict, is likely to be rehabilitated through treatment and is a good
candidate for treatment, the court may:
(a) Impose any conditions to the election of treatment that could
be imposed as conditions of probation;
(b) Defer sentencing until such time, if any, as sentencing is
authorized pursuant to NRS 458.330 ; and
(c) Place the person under the supervision of an approved facility
for treatment for not less than 1 year nor more than 3 years.
Ê The court may require such progress reports on the treatment of the
person as it deems necessary.
4. A person who is placed under the supervision of an approved
facility for treatment shall pay the cost of the program of treatment to
which he is assigned and the cost of any additional supervision that may
be required, to the extent of his financial resources. The court may
issue a judgment in favor of the court or facility for treatment for the
costs of the treatment and supervision which remain unpaid at the
conclusion of the treatment. Such a 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 5.
5. If the person who is placed under the supervision of an
approved facility for treatment 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 at a facility 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 his
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 the State of Nevada 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, in the case of industrial insurance, it is provided by
the authority for which he performs the community service.
6. No person may be placed under the supervision of a facility
under this section unless the facility accepts him for treatment.
(Added to NRS by 1975, 972; A 1977, 472; 1981, 1332; 1985, 1752;
1987, 963; 1995, 235; 2001 Special Session, 142 )
1. Whenever a person is placed under the supervision of a
treatment facility, his sentencing must be deferred, and, except as
otherwise provided in subsection 4, his conviction must be set aside if
the treatment facility certifies to the court that he 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 treatment
program, the court shall sentence him. If he has satisfied the conditions
to the election of treatment and the court believes that he will complete
his 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. Regardless of whether the person successfully completes
treatment, the court shall not set aside the conviction of a person who
has a record of two or more convictions of any felony for two or more
separate incidences.
(Added to NRS by 1975, 972; A 1981, 1333; 1987, 964; 1995, 236)
The
determination of alcoholism or drug addiction and civil commitment
pursuant to NRS 458.290 to 458.350
, inclusive, shall not be deemed a
criminal conviction.
(Added to NRS by 1975, 973; A 1981, 1333)
The provisions of NRS 458.290 to 458.350 ,
inclusive, do not require the State or any of its political subdivisions
to establish or finance any facility for the treatment of abuse of
alcohol or drugs.
(Added to NRS by 1975, 973; A 1985, 1753)
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