NRS
176A.260 Conditions and limitations on assignment of defendant to
program; effect of violation of terms and conditions; discharge of defendant
upon fulfillment of terms and conditions; effect of discharge; conditional
dismissal of charges or setting aside of judgment of conviction for certain
offenses; effect of conditional dismissal or setting aside of judgment of
conviction.
1. Except as otherwise provided in
subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant who suffers
from mental illness or is intellectually disabled tenders a plea of guilty,
guilty but mentally ill or nolo contendere to, or is found guilty or guilty but
mentally ill of, any offense for which the suspension of sentence or the
granting of probation is not prohibited by statute, the district court, justice
court or municipal court, as applicable, may:
(a) Without entering a judgment of conviction and
with the consent of the defendant, suspend or defer further proceedings and
place the defendant on probation upon terms and conditions that must include
attendance and successful completion of a program established pursuant to NRS 176A.250 if the district court,
justice court or municipal court determines that the defendant is eligible for
participation in such a program; or
(b) Enter a judgment of conviction and place the
defendant on probation upon terms and conditions that must include attendance
and successful completion of a program established pursuant to NRS 176A.250, if the district court,
justice court or municipal court determines that the defendant is eligible for
participation in such a program.
2. Except as otherwise provided in
subsection 4, a defendant is eligible for participation in a program
established pursuant to NRS 176A.250
if the defendant is diagnosed as having a mental illness or an intellectual
disability:
(a) After an in-person clinical assessment by:
(1) A counselor who is licensed or
certified to make such a diagnosis; or
(2) A duly licensed physician qualified by
the Board of Medical Examiners to make such a diagnosis; and
(b) If the defendant appears to suffer from a
mental illness, pursuant to a mental health screening that indicates the
presence of a mental illness.
3. A counselor or physician who diagnoses
a defendant as having a mental illness or intellectual disability shall submit
a report and recommendation to the district court, justice court or municipal
court concerning the length and type of treatment required for the defendant
within the maximum probation terms applicable to the offense for which the
defendant is convicted.
4. If the offense committed by the
defendant is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a
category B felony, the defendant is not eligible for assignment to the program.
5. Upon violation of a term or condition:
(a) The district court, justice court or
municipal court, as applicable, may impose sanctions against the defendant for
the violation, but allow the defendant to remain in the program. Before
imposing a sanction, the court shall notify the defendant of the violation and
provide the defendant an opportunity to respond. Any sanction imposed pursuant
to this paragraph:
(1) Must be in accordance with any
applicable guidelines for sanctions established by the National Association of
Drug Court Professionals or any successor organization; and
(2) May include, without limitation,
imprisonment in a county or city jail or detention facility for a term set by
the court, which must not exceed 25 days.
(b) The district court, justice court or
municipal court, as applicable, may enter a judgment of conviction, if
applicable, and proceed as provided in the section pursuant to which the
defendant was charged.
(c) Notwithstanding the provisions of paragraph
(e) of subsection 2 of NRS 193.130, the
district court may order the defendant to the custody of the Department of
Corrections if the offense is punishable by imprisonment in the state prison.
6. Except as otherwise provided in
subsection 8, upon fulfillment of the terms and conditions, the district court,
justice court or municipal court, as applicable:
(a) Shall discharge the defendant and dismiss the
proceedings or set aside the judgment of conviction, as applicable, unless the
defendant:
(1) Has been previously convicted in this
State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a
specialty court program; or
(b) May discharge the defendant and dismiss the
proceedings or set aside the judgment of conviction, as applicable, if the
defendant:
(1) Has been previously convicted in this
State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a
specialty court program.
7. Discharge and dismissal pursuant to
this section is without adjudication of guilt and is not a conviction for
purposes of this section or for purposes of employment, civil rights or any
statute or regulation or license or questionnaire or for any other public or
private purpose, but is a conviction for the purpose of additional penalties
imposed for second or subsequent convictions or the setting of bail. Discharge and
dismissal restores the defendant, in the contemplation of the law, to the
status occupied before the arrest, indictment or information. The defendant may
not be held thereafter under any law to be guilty of perjury or otherwise
giving a false statement by reason of failure to recite or acknowledge that
arrest, indictment, information or trial in response to an inquiry made of the
defendant for any purpose.
8. If the defendant was charged with a
violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms
and conditions, the district court, justice court or municipal court, as
applicable, may conditionally dismiss the charges or set aside the judgment of
conviction, as applicable. If a court conditionally dismisses the charges or
sets aside the judgment of conviction, the court shall notify the defendant
that any conditionally dismissed charge or judgment of conviction that is set
aside is a conviction for the purpose of additional penalties imposed for
second or subsequent convictions or the setting of bail in a future case, but
is not a conviction for purposes of employment, civil rights or any statute or
regulation or license or questionnaire or for any other public or private
purpose. Conditional dismissal or having a judgment of conviction set aside
restores the defendant, in the contemplation of the law, to the status occupied
before the arrest, complaint, indictment or information. The defendant may not
be held thereafter under any law to be guilty of perjury or otherwise giving a
false statement by reason of failure to recite or acknowledge that arrest,
complaint, indictment, information or trial in response to an inquiry made of
the defendant for any purpose.
(Added to NRS by 2001
Special Session, 259; A 2003,
1467, 1946;
2007,
1422; 2013,
687; 2019,
2444, 4393;
2021,
2476; 2023,
1739)
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 2013–2026 · leading case:
Hager v. State, 447 P.3d 1063 (Nev. 2019).
Hager v. State, 447 P.3d 1063 (Nev. 2019).
· cites it 16× “163 and the mental health reporting statutes it collects support that the Legislature has not equated assignment to a mental health court diversion program under NRS 176A.260 with an adjudication of mental illness that makes later possession of a firearm a felony under NRS 202.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
· cites it 96× “240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
· cites it 44× “240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
· cites it 26× “3 And as Hager's paperwork and the trial 3The 2019 Legislature amended NRS 176A.260 and NRS 176A.290(2) to eliminate the provisions excluding violent offenders from specialty court unless the prosecuting attorney stipulated and replaced it with separate provisions for mental…”
Easterday (Mitchell) Vs. State, 477 P.3d 1127 (Nev. 2020).
· cites it 3× “k DEPU CLERK ORDER DISMISSING APPEAL This is an appeal from a district court order denying a motion to set aside a judgment of conviction pursuant to NRS 176A.260. Second Judicial District Court, Washoe County; David A.”
Easterday (Mitchell) Vs. Dist. Ct. (State) (Nev. 2021).
· cites it 2× “After Easterday successfully completed the program and was discharged from probation, he moved to set aside his judgment of conviction pursuant to NRS 176A.260. The district court denied the motion.”
McIntyre (Garrett) v. State (Nev. 2013).
“250; NRS 176A.260(1); see also NRS 176A.100(1)(c) (the granting of probation is discretionary).”
Nev. Rev. Stat. § 176A.260(1): 4 cases
Hager v. State, 447 P.3d 1063 (Nev. 2019).
“163 and the mental health reporting statutes it collects support that the Legislature has not equated assignment to a mental health court diversion program under NRS 176A.260 with an adjudication of mental illness that makes later possession of a firearm a felony under NRS 202.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
“3 And as Hager's paperwork and the trial 3The 2019 Legislature amended NRS 176A.260 and NRS 176A.290(2) to eliminate the provisions excluding violent offenders from specialty court unless the prosecuting attorney stipulated and replaced it with separate provisions for mental…”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
McIntyre (Garrett) v. State (Nev. 2013).
“250; NRS 176A.260(1); see also NRS 176A.100(1)(c) (the granting of probation is discretionary).”
Nev. Rev. Stat. § 176A.260(1)(b): 2 cases
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Nev. Rev. Stat. § 176A.260(2): 2 cases
Hager v. State, 447 P.3d 1063 (Nev. 2019).
“163 and the mental health reporting statutes it collects support that the Legislature has not equated assignment to a mental health court diversion program under NRS 176A.260 with an adjudication of mental illness that makes later possession of a firearm a felony under NRS 202.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
“3 And as Hager's paperwork and the trial 3The 2019 Legislature amended NRS 176A.260 and NRS 176A.290(2) to eliminate the provisions excluding violent offenders from specialty court unless the prosecuting attorney stipulated and replaced it with separate provisions for mental…”
Nev. Rev. Stat. § 176A.260(3)(a): 2 cases
Hager v. State, 447 P.3d 1063 (Nev. 2019).
“163 and the mental health reporting statutes it collects support that the Legislature has not equated assignment to a mental health court diversion program under NRS 176A.260 with an adjudication of mental illness that makes later possession of a firearm a felony under NRS 202.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
“3 And as Hager's paperwork and the trial 3The 2019 Legislature amended NRS 176A.260 and NRS 176A.290(2) to eliminate the provisions excluding violent offenders from specialty court unless the prosecuting attorney stipulated and replaced it with separate provisions for mental…”
Nev. Rev. Stat. § 176A.260(4): 2 cases
Hager v. State, 447 P.3d 1063 (Nev. 2019).
“163 and the mental health reporting statutes it collects support that the Legislature has not equated assignment to a mental health court diversion program under NRS 176A.260 with an adjudication of mental illness that makes later possession of a firearm a felony under NRS 202.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
“3 And as Hager's paperwork and the trial 3The 2019 Legislature amended NRS 176A.260 and NRS 176A.290(2) to eliminate the provisions excluding violent offenders from specialty court unless the prosecuting attorney stipulated and replaced it with separate provisions for mental…”
Nev. Rev. Stat. § 176A.260(6): 2 cases
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Nev. Rev. Stat. § 176A.260(6)(a): 2 cases
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Nev. Rev. Stat. § 176A.260(7): 2 cases
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“240 in the district court, which addresses the drug court program, rather than the mental health court program governed by NRS 176A.260. The statutory language pertaining to a set-aside of a conviction upon completion of a specialty court program is identical in both statutes.”
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