Sec.
§
458.300
Eligibility for assignment to program of treatment.
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;
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.