Nev. Rev. Stat. § 176A.280

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 176A.280 - Establishment of program for treatment of veterans and members of military; qualifications; assignment of defendant to program; progress reports

1. A district court, justice court or municipal court may establish an appropriate program for the treatment of veterans and members of the military to which it may assign a defendant pursuant to NRS 174.032, 176.211, 176A.290 or 176A.400 if the defendant is a veteran or member of the military and:

(a) Is diagnosed after an in-person clinical assessment by a counselor who is licensed or certified to make such a diagnosis or a physician who is certified by the Board of Medical Examiners to make such a diagnosis, or by the results of a mental health or substance use screening, as suffering from:

(1) Mental illness, alcohol or other substance use disorder, posttraumatic stress disorder or a traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life which is necessary after combat service; or

(2) Military sexual trauma;

(b) Would benefit from assignment to the program; and

(c) Is not ineligible for assignment to the program pursuant to NRS 176A.287 or any other provision of law.

2. The assignment of a defendant to a program pursuant to this section must:

(a) Include the terms and conditions for successful completion of the program; and

(b) Provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

3. As used in this section:

(a) "Military sexual trauma" means psychological trauma that is the result of sexual harassment or an act of sexual assault that occurred while the veteran or member of the military was serving on active duty, active duty for training or inactive duty training.

(b) "Sexual harassment" means repeated, unsolicited verbal or physical contact of a sexual nature that is threatening in character.

NRS 176A.280

Added to NRS by 2009, 103; A 2017, 3015, 3020; 2019, 4395

Amended by 2019, Ch. 633,§29, eff. 7/1/2020.

Amended by 2017, Ch. 484,§3, eff. 6/8/2017.

Amended by 2017, Ch. 483,§9, eff. 10/1/2017.

Added to NRS by 2009, 103