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.
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.
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.
