[Rev. 11/21/2013 11:52:41 AM--2013]

CHAPTER 458A - PREVENTION AND TREATMENT OF PROBLEM GAMBLING

GENERAL PROVISIONS

NRS 458A.010        Definitions.

NRS 458A.020        “Account” defined.

NRS 458A.030        “Advisory Committee” defined.

NRS 458A.040        “Department” defined.

NRS 458A.050        “Director” defined.

NRS 458A.054        “Problem gambler” defined.

NRS 458A.055        “Problem gambling” defined.

NRS 458A.057        “Qualified mental health professional” defined.

NRS 458A.058        “Restitution” defined.

ADVISORY COMMITTEE ON PROBLEM GAMBLING

NRS 458A.060        Creation; regular members and alternate members; terms of members; compensation; quorum; members holding public office or employed by governmental entity; duties.

NRS 458A.070        Additional duties.

NRS 458A.080        Appointment of groups to consider specific problems and review requests for grants or contracts.

REVOLVING ACCOUNT TO SUPPORT PROGRAMS FOR THE PREVENTION AND TREATMENT OF PROBLEM GAMBLING

NRS 458A.090        Creation; administration; use of money in Account.

NRS 458A.100        Gifts, grants and donations.

NRS 458A.110        Director to adopt regulations.

CIVIL COMMITMENT OF PROBLEM GAMBLERS CONVICTED OF CRIME

NRS 458A.200        Authority of court to establish program of treatment; conditions for assignment; administration.

NRS 458A.210        Eligibility for assignment to program of treatment.

NRS 458A.220        Hearing to determine whether person should receive treatment; court to advise person of conditions.

NRS 458A.230        Examination of person; determination of acceptability for treatment; imposition of conditions; payment of restitution; deferment of sentencing; payment of costs of treatment.

NRS 458A.240        Deferment of sentencing; satisfaction of conditions for treatment; setting aside conviction; determination of transfer to another facility or sentencing.

NRS 458A.250        Civil commitment not criminal conviction; sealing of records.

NRS 458A.260        State or political subdivision not required to provide program for treatment.

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GENERAL PROVISIONS

      NRS 458A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 458A.020 to 458A.058, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 1527; A 2009, 1439)

      NRS 458A.020  “Account” defined.  “Account” means the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by NRS 458A.090.

      (Added to NRS by 2005, 1527)

      NRS 458A.030  “Advisory Committee” defined.  “Advisory Committee” means the Advisory Committee on Problem Gambling created by NRS 458A.060.

      (Added to NRS by 2005, 1527)

      NRS 458A.040  “Department” defined.  “Department” means the Department of Health and Human Services.

      (Added to NRS by 2005, 1527)

      NRS 458A.050  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2005, 1527)

      NRS 458A.054  “Problem gambler” defined.  “Problem gambler” means a person who suffers from problem gambling.

      (Added to NRS by 2009, 1434)

      NRS 458A.055  “Problem gambling” defined.  “Problem gambling” has the meaning ascribed to it in NRS 641C.110.

      (Added to NRS by 2009, 1435)

      NRS 458A.057  “Qualified mental health professional” defined.

      1.  “Qualified mental health professional” means any of the following persons:

      (a) A person who is certified as a problem gambling counselor pursuant to the provisions of chapter 641C of NRS.

      (b) A person who is certified as a problem gambling counselor intern pursuant to the provisions of chapter 641C of NRS.

      (c) A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS.

      (d) A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.

      (e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or a psychological assistant who is registered with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.

      (f) A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS.

      (g) A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling problem gamblers.

      (h) A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling problem gamblers.

      2.  As used in this section, “practice of counseling problem gamblers” has the meaning ascribed to it in NRS 641C.105.

      (Added to NRS by 2009, 1435)

      NRS 458A.058  “Restitution” defined.  “Restitution” means the total amount of money owed to a victim of a crime to compensate the victim for all losses suffered as a result of the crime and any statutory fees and costs associated with the collection of that amount of money.

      (Added to NRS by 2009, 1435)

ADVISORY COMMITTEE ON PROBLEM GAMBLING

      NRS 458A.060  Creation; regular members and alternate members; terms of members; compensation; quorum; members holding public office or employed by governmental entity; duties.

      1.  The Advisory Committee on Problem Gambling, consisting of nine regular members, is hereby created within the Department.

      2.  The Governor shall appoint the following regular members to the Advisory Committee:

      (a) One regular member who holds a restricted gaming license;

      (b) Two regular members who hold nonrestricted gaming licenses;

      (c) Two regular members who work in the area of mental health, at least one of whom has experience in the treatment of persons who are problem gamblers;

      (d) One regular member who represents the Nevada System of Higher Education and has experience in the prevention or treatment of problem gambling;

      (e) One regular member who represents an organization for veterans; and

      (f) Two regular members who represent organizations that provide assistance to persons who are problem gamblers.

      3.  Each regular member appointed pursuant to paragraph (a) or (b) of subsection 2 may appoint an alternate member to serve in his or her place if he or she is unable to attend a meeting or perform his or her duties.

      4.  After the initial terms, each regular member of the Advisory Committee serves for a term of 2 years. Each regular member of the Advisory Committee continues in office until his or her successor is appointed. Each alternate member appointed pursuant to subsection 3 serves during the term of the regular member who appointed him or her and may be reappointed.

      5.  The regular members and alternate members of the Advisory Committee serve without compensation, except that the regular members and alternate members are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.

      6.  A majority of the total membership of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any action taken by the Advisory Committee.

      7.  A regular member of the Advisory Committee who is an officer or employee of the State or a political subdivision of the State must be relieved from his or her duties without loss of his or her regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of the State shall not require an officer or employee who is a regular member of the Advisory Committee to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a regular member of the Advisory Committee; or

      (b) Take annual leave or compensatory time for the absence.

      8.  The Advisory Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its regular members;

      (b) Meet at the call of the Director, the Chair or a majority of its regular members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and

      (c) Adopt rules for its management and government.

      (Added to NRS by 2005, 1527; A 2007, 810)

      NRS 458A.070  Additional duties.  The Advisory Committee shall:

      1.  Review each request received by the Department from a state agency or other political subdivision of the State or from an organization or educational institution for a grant of money or a contract for services to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance;

      2.  Recommend to the Director each request received pursuant to subsection 1 that the Advisory Committee believes should be awarded;

      3.  Establish criteria for determining which state agencies and other political subdivisions of the State and organizations and educational institutions to recommend for grants of money or contracts for services pursuant to subsection 2;

      4.  Monitor each grant of money awarded by the Department to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance; and

      5.  Assist the Department in determining the needs of local communities and in establishing priorities for funding programs for the prevention and treatment of problem gambling and funding services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.

      (Added to NRS by 2005, 1528; A 2007, 811)

      NRS 458A.080  Appointment of groups to consider specific problems and review requests for grants or contracts.  The Chair of the Advisory Committee may appoint groups consisting of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have appropriate experience or knowledge to:

      1.  Consider specific problems or other matters that are related to and within the scope of activities of the Advisory Committee; and

      2.  Review requests for grants of money or contracts for services related to specific programs for the prevention and treatment of problem gambling or services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.

      (Added to NRS by 2005, 1528; A 2007, 811)

REVOLVING ACCOUNT TO SUPPORT PROGRAMS FOR THE PREVENTION AND TREATMENT OF PROBLEM GAMBLING

      NRS 458A.090  Creation; administration; use of money in Account.

      1.  The Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling is hereby created in the State General Fund. The Director shall administer the Account.

      2.  Except as otherwise provided in this subsection, the money in the Account must be expended:

      (a) To award grants of money or contracts for services to state agencies and other political subdivisions of the State or to organizations or educational institutions to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance. The Director may use not more than 10 percent of the money in the Account to administer the Account.

      (b) For any other purpose authorized by the Legislature.

      3.  The existence of the Account does not create a right in any state agency or other political subdivision of the State or in any organization or educational institution to receive money from the Account.

      (Added to NRS by 2005, 1528; A 2007, 812; 2010, 26th Special Session, 18; 2013, 1626)

      NRS 458A.100  Gifts, grants and donations.

      1.  The Director may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.

      2.  The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account.

      3.  Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      (Added to NRS by 2005, 1529)

      NRS 458A.110  Director to adopt regulations.

      1.  The Director shall adopt regulations to carry out the provisions of NRS 458A.090 and 458A.100.

      2.  The regulations adopted by the Director must include, without limitation:

      (a) The procedure by which a state agency or other political subdivision of the State or an organization or educational institution may apply for a grant of money or a contract for services to be paid from the Account;

      (b) The criteria that the Director must consider in determining whether to award a grant of money or a contract for services to be paid from the Account; and

      (c) The procedure used by the Director to ensure that the money in the Account is distributed in a fair and equitable manner.

      (Added to NRS by 2005, 1529)

CIVIL COMMITMENT OF PROBLEM GAMBLERS CONVICTED OF CRIME

      NRS 458A.200  Authority of court to establish program of treatment; conditions for assignment; administration.

      1.  A court may establish a program for the treatment of problem gambling to which it may assign a person pursuant to NRS 458A.210. The assignment must:

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

      (b) Require that the person assigned to the program agree to pay restitution as a condition upon the election of treatment; and

      (c) Provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

      2.  A program established pursuant to this section must be administered by a qualified mental health professional and must include, without limitation:

      (a) Information and encouragement for the participant to cease problem gambling through educational, counseling and support sessions;

      (b) The opportunity for the participant to understand the medical, psychological, social and financial implications of problem gambling; and

      (c) Appropriate referral to community, health, substance abuse, religious and social service agencies for additional resources and related services, as needed.

      3.  Before the court assigns a person to a program for the treatment of problem gambling, the person must agree to pay the cost of the program to which he or she is assigned, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all the related costs, 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.

      (Added to NRS by 2009, 1435)

      NRS 458A.210  Eligibility for assignment to program of treatment.  Subject to the provisions of NRS 458A.200 to 458A.260, inclusive, a problem gambler who has been convicted of a crime and who committed the crime in furtherance or as a result of problem gambling is eligible to elect to be assigned by the court to a program for the treatment of problem gambling 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 problem gambler has a record of two or more convictions of a crime described in subsection 1 or a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

      3.  Other criminal proceedings alleging commission of a felony are pending against the problem gambler;

      4.  The problem gambler is on probation or parole, except that the problem gambler is eligible to make the election if the appropriate probation or parole authority consents to the election or the court finds that the problem gambler is eligible to make the election after considering any objections made by the appropriate probation or parole authority; or

      5.  The problem gambler has previously been assigned by a court to a program for the treatment of problem gambling, except that the problem gambler is eligible to make the election if the court, in its discretion, finds that the problem gambler is eligible to make such an election.

      (Added to NRS by 2009, 1436)

      NRS 458A.220  Hearing to determine whether person should receive treatment; court to advise person of conditions.

      1.  If the court:

      (a) Has reason to believe that:

             (1) A person who has been convicted of a crime is a problem gambler; and

             (2) The person committed the crime in furtherance or as a result of problem gambling; and

      (b) Finds that the person is eligible to make the election as provided in NRS 458A.210,

Ê the court shall hold a hearing before it sentences the person to determine whether or not the person committed the crime in furtherance or as a result of problem gambling and whether or not the person should receive treatment under the supervision of a qualified mental health professional. The district attorney may present the court with any evidence concerning whether the person committed the crime in furtherance or as a result of problem gambling and the advisability of permitting the person to make the election.

      2.  At the hearing, the court shall advise the person that sentencing will be postponed if the person elects to submit to treatment and is accepted into a program for the treatment of problem gambling. In offering the election, the court shall advise the person that:

      (a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;

      (b) If the person elects to submit to treatment and is accepted, the person:

             (1) May be placed under the supervision of the qualified mental health professional for a period of not less than 1 year and not more than 3 years; and

             (2) Must agree to pay restitution as a condition upon the election of treatment;

      (c) During treatment, the person may be confined in an institution or, at the discretion of the qualified mental health professional, released for treatment or supervised care in the community;

      (d) If the person 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 the person does not satisfactorily complete treatment and satisfy the conditions, the person may be sentenced and the sentence executed; and

      (e) If the person’s conviction is set aside pursuant to NRS 458A.240, he or she may, at any time after the conviction is set aside, file a petition pursuant to NRS 179.255 for the sealing of all records relating to the setting aside of the conviction.

      (Added to NRS by 2009, 1436)

      NRS 458A.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)

      NRS 458A.240  Deferment of sentencing; satisfaction of conditions for treatment; setting aside conviction; determination of transfer to another facility or sentencing.

      1.  Whenever a person is placed under the supervision of a qualified mental health professional, the person’s sentencing must be deferred and, except as otherwise provided in subsection 4, the person’s conviction must be set aside if the qualified mental health professional certifies to the court that the person has satisfactorily completed the program of treatment 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 qualified mental health professional has not certified that the person has completed the program of treatment, the court shall sentence the person. If the person has satisfied the conditions upon the election of treatment and the court believes that the person will complete his or her treatment voluntarily, the court may set the conviction aside.

      3.  If, before the treatment period expires, the qualified mental health professional determines that the person is not likely to benefit from further treatment, the qualified mental health professional shall so advise the court. The court shall then:

      (a) Arrange for the transfer of the person to a more suitable program, if any; or

      (b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

Ê If a person is sentenced pursuant to this section, any 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 incidents.

      (Added to NRS by 2009, 1438)

      NRS 458A.250  Civil commitment not criminal conviction; sealing of records.

      1.  The determination of problem gambling and civil commitment pursuant to NRS 458A.200 to 458A.260, inclusive, shall not be deemed a criminal conviction.

      2.  The records relating to the setting aside of a conviction pursuant to NRS 458A.240 may be sealed pursuant to NRS 179.255.

      (Added to NRS by 2009, 1439)

      NRS 458A.260  State or political subdivision not required to provide program for treatment.  The provisions of NRS 458A.200 to 458A.260, inclusive, do not require this State or any of its political subdivisions to establish or finance any program for the treatment of problem gambling.

      (Added to NRS by 2009, 1439)