Subject to the provisions of NRS 458A.200 to 458A.260, inclusive, a person with an addictive disorder related to gambling 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 person with the disorder 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 person with the disorder;

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

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

(Added to NRS by 2009, 1436)