1. 1. A district court may remand a probationer who is returned to the district court for a violation of his or her probation to the diversion program established pursuant to NRS 209.4291 for supervision, subject to such terms and conditions as established by the court. The court may allow the probationer who is remanded to the diversion program to:

   1. (a) Leave the facilities of the Department of Corrections during the day for education, treatment or employment; or
   2. (b) Reside outside the facilities of the Department.

2. 2. The court may require the probationer to receive treatment for an alcohol or other substance use disorder or for a mental illness if the court has reason to believe that the probationer has an alcohol or other substance use disorder or is in need of treatment for a mental illness and the court finds that the probationer:

   1. (a) Agrees to participate in the diversion program;
   2. (b) Was not returned to the court for committing an act involving violence, the use of force, or the threat of violence or the use of force;
   3. (c) Meets the requirements for assignment to an institution or facility of minimum security as set forth in NRS 209.481; and

   4. (d) Is not rejected for participation in the diversion program by the Department of Corrections as posing a threat to the health, safety and welfare of:

      1. (1) Other probationers remanded to the program; or
      2. (2) Employees of the Department of Corrections and its agents.

(Added to NRS by 2011, 2628; A 2015, 1995)