Subject to the provisions of NRS 458.290 to 458.350, inclusive, a person with an alcohol or other substance use disorder who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for alcohol or other substance use disorders pursuant to NRS 453.580 before he or she 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.0357;
(c) A sexual offense as defined in NRS 179D.097; 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 484C.110, 484C.120, 484C.130 or 484C.430;
4. The person with the disorder 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 person with the disorder;
6. The person with the disorder is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The person with the disorder 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; 2007, 2778, 2811; 2015, 749; R 2019, 4488, effective July 1, 2020)