Deferment of sentencing; satisfaction of conditions; setting aside conviction; sentencing.
1. Whenever a person is placed under the supervision of a treatment facility, his sentencing must be deferred, and, except as otherwise provided in subsection 4, his conviction must be set aside if the treatment facility certifies to the court that he has satisfactorily completed the treatment program, 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 treatment facility has yet to certify that the person has completed his treatment program, the court shall sentence him. If he has satisfied the conditions to the election of treatment and the court believes that he will complete his treatment on a voluntary basis, it may, in its discretion, set the conviction aside.
3. If, before the treatment period expires, the treatment facility determines that the person is not likely to benefit from further treatment at the facility, it shall so advise the court. The court shall then:
(a) Arrange for the transfer of the person to a more suitable treatment facility, if any; or
(b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.
Ê Whenever a person is sentenced under this section, 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 incidences.
Last modified: February 26, 2006