EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

2-1 Section 1. NRS 449.00455 is hereby amended to read as follows:

2-2 449.00455 "Facility for the treatment of abuse of alcohol or drugs"

2-9 voluntary organizations.

2-10 Sec. 2. NRS 453.1545 is hereby amended to read as follows:

2-11 453.1545 1. The board and the division shall cooperatively develop a

2-28 pursuant to subsection 1 for the purpose of identifying any suspected

3-1 fraudulent or illegal activity related to the dispensing of controlled

3-2 substances.

3-3 3. The board [and] or division shall report any activity it reasonably

3-4 suspects may be fraudulent or illegal to the appropriate law enforcement

3-5 agency or occupational licensing board and provide the law enforcement

3-6 agency or occupational licensing board with the relevant information

3-7 obtained from the program for further investigation.

3-8 4. Information obtained from the program is confidential and, except as

3-9 otherwise provided by this section, must not be disclosed to any person.

3-10 Information obtained from the program must be disclosed:

3-11 (a) Upon the request of a person about whom the information requested

3-12 concerns or upon the request on his behalf by his attorney; or

3-13 (b) Upon the lawful order of a court of competent jurisdiction.

3-14 5. The board and the division may apply for any available grants and

3-15 accept any gifts, grants or donations to assist in developing and maintaining

3-16 the program required by this section.

3-17 Sec. 3. NRS 453.580 is hereby amended to read as follows:

3-18 453.580 1. A court may establish an appropriate treatment program

3-42 how frequent such examinations must be and how many must be

4-1 successfully completed, independently of other requisites for successful

4-2 completion of the program.

4-3 4. Before the court assigns a person to a program pursuant to this

4-4 section, the person must agree to pay the cost of the program to which he is

4-5 assigned and the cost of any additional supervision required pursuant to

4-6 subsection 3, to the extent of his financial resources. If the person does not

4-7 have the financial resources to pay all of the related costs, the court shall, to

4-8 the extent practicable, arrange for the person to be assigned to a program at

4-9 a facility that receives a sufficient amount of federal or state funding to

4-10 offset the remainder of the costs.

4-11 Sec. 4. Chapter 458 of NRS is hereby amended by adding thereto the

4-12 provisions set forth as sections 5 to 8, inclusive, of this act.

4-13 Sec. 5. 1. The bureau shall prepare requests for proposals for the

4-14 provision by facilities of:

4-15 (a) Residential treatment of adolescents who engage in substance

4-16 abuse;

4-17 (b) Outpatient treatment of adolescents who engage in substance

4-18 abuse;

4-19 (c) Comprehensive evaluations of adolescents with problems relating

4-20 to substance abuse or mental illness, or both; and

4-21 (d) Transitional housing for adolescents who engage in substance

4-22 abuse.

4-23 2. Upon accepting a proposal submitted in accordance with this

4-24 section, the bureau may advance not more than 8 percent of the amount

4-25 of the proposal to the facility that submitted the proposal to help defray

4-26 the costs of starting the provision of the services, including, without

4-27 limitation, the cost of beds, equipment and rental space for expansion.

4-28 3. The bureau shall establish such requirements for the requests for

4-29 proposals as it determines necessary.

4-30 4. The bureau shall hire, to the extent of legislative authorization,

4-31 such staff as it determines necessary to carry out the provisions of this

4-32 section and section 6 of this act.

4-33 Sec. 6. The bureau shall, on or before September 1 of each odd-

4-34 numbered year, submit to the director a report covering the biennium

4-35 ending on June 30 of that year. The report must include:

4-36 1. The name of each facility that received money pursuant to section

4-37 5 of this act during the biennium, and the amount of money that each

4-38 facility received for each type of service provided;

4-39 2. If a facility received money pursuant to section 5 of this act during

4-40 the biennium to help defray the costs of starting the provision of services,

4-41 the name of the facility, the amount of money received and an

4-42 accounting of how the money was used;

5-1 3. The number of adolescents who received any of the services

5-2 described in section 5 of this act from such facilities during the

5-3 biennium, and the number of adolescents who were receiving such

5-4 services as of the end of the biennium; and

5-5 4. As of the end of the biennium:

5-6 (a) The number of adolescents on waiting lists to receive the services

5-7 described in section 5 of this act; and

5-8 (b) An estimate of the number of other adolescents in this state who

5-9 are in need of the services described in section 5 of this act.

5-10 Sec. 7. The commission shall:

5-11 1. Establish a standard system for referrals between providers of

5-12 services relating to the treatment of mental health problems and

5-13 providers of services relating to treatment for substance abuse;

5-14 2. Identify the facilities for the treatment of substance abuse located

5-15 in this state in which at least one specialist in mental health should be

5-16 placed;

5-17 3. Identify the facilities for the treatment of mental health problems

5-18 located in this state in which at least one counselor in substance abuse

5-19 should be placed;

5-20 4. Determine the cost of placing such specialists and counselors in

5-21 facilities pursuant to subsections 2 and 3;

5-22 5. Determine the process by which clients in a facility for the

5-23 treatment of substance abuse would receive treatment for mental health

5-24 problems when necessary; and

5-25 6. Determine the process by which clients in a facility for the

5-26 treatment of mental health problems would receive treatment for

5-27 substance abuse when necessary.

5-28 Sec. 8. 1. The commission shall:

5-29 (a) Establish a standard report card that identifies at least four key

5-30 indicators of the level of substance abuse by adolescents and adults

5-31 residing in this state; and

5-32 (b) Publicize the indicators to be used in the report card.

5-33 2. The commission shall annually compile a list of substance abuse

5-34 programs in this state that are publicly or privately financed, or both,

5-35 including:

5-36 (a) Treatment programs for adolescents and adults;

5-37 (b) Intervention programs for adolescents and adults;

5-38 (c) Prevention programs for adolescents and adults; and

5-39 (d) Education programs for adolescents and adults.

5-40 Sec. 9. NRS 458.010 is hereby amended to read as follows:

5-41 458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 5

5-42 and 6 of this act, unless the context requires otherwise:

6-1 1. "Alcohol and drug abuse program" means a project concerned with

6-2 education, prevention and treatment directed toward achieving the mental

6-3 and physical restoration of alcohol and drug abusers.

6-4 2. "Alcohol and drug abuser" means a person whose consumption of

6-5 alcohol or other drugs, or any combination thereof, interferes with or

6-6 adversely affects his ability to function socially or economically.

6-7 3. "Alcoholic" means any person who habitually uses alcoholic

6-8 beverages to the extent that he endangers the health, safety or welfare of

6-9 himself or any other person or group of persons.

6-10 4. "Bureau" means the bureau of alcohol and drug abuse in [the

6-11 rehabilitation division of] the department.

6-12 5. "Chief" means the chief of the bureau.

6-13 6. "Civil protective custody" means a custodial placement of a person

6-14 for the purpose of protecting his health or safety. Civil protective custody

6-15 does not have any criminal implication.

6-16 7. "Department" means the department of [employment, training and

6-17 rehabilitation.] human resources.

6-18 8. "Director" means the director of the department.

6-19 9. "Facility" means a physical structure used for the education,

6-20 prevention and treatment, including mental and physical restoration, of

6-21 alcohol and drug abusers.

6-22 Sec. 10. NRS 458.025 is hereby amended to read as follows:

6-23 458.025 The bureau of alcohol and drug abuse is hereby created in [the

6-42 for alcohol and drug abuse programs.

7-1 2. Is responsible for coordinating efforts to carry out the state plan and

7-2 coordinating all state and federal financial support of alcohol and drug

7-3 abuse programs in the state. The bureau must be consulted in the planning

7-4 of projects and advised of all applications for grants from within the state

7-5 which are concerned with alcohol and drug abuse programs, and shall

7-6 review and advise concerning the applications.

7-7 3. Shall develop and publish standards of certification and may certify

7-8 or deny certification of any facilities, programs or personnel on the basis of

7-9 the standards, and publish a list of certified facilities, programs and

7-10 personnel. Any facilities, programs or personnel which are not certified are

7-11 ineligible to receive state and federal money for alcohol and drug abuse

7-12 programs. The chief shall establish requirements for continuing education

7-13 for persons certified as counselors and administrators of the programs and

7-14 may set fees for certification of facilities, programs or personnel. The fees

7-15 must be calculated to produce the revenue estimated to cover the costs

7-16 related to the certifications, but in no case may the fee for a certificate

7-17 exceed $100.

7-18 4. Upon request from a facility which is self-supported, may certify the

7-19 facility, its programs and personnel and add them to the list of certified

7-20 facilities, programs and personnel.

7-21 Sec. 11. NRS 458.100 is hereby amended to read as follows:

7-22 458.100 1. All gifts or grants of money which the bureau is

7-31 3. All claims must be approved by the chief before they are paid.

7-32 Sec. 12. NRS 458.370 is hereby amended to read as follows:

7-33 458.370 As used in NRS 458.370 to 458.420, inclusive, and sections 7

7-36 enforcement and treatment.

7-37 Sec. 13. NRS 458.400 is hereby amended to read as follows:

7-38 458.400 1. The commission may accept gifts, grants, appropriations

7-41 programs, unless otherwise provided by a specific statute.

8-1 2. All money received by the commission must be deposited in the

8-2 fund for substance abuse education, prevention, enforcement and treatment

8-3 which is hereby created as a special revenue fund.

8-4 3. The money in the fund may be used only to:

8-5 (a) Make grants to programs for substance abuse education, prevention,

8-6 enforcement and treatment; and

8-7 (b) Carry out the provisions of NRS 458.370 to 458.420, inclusive [.] ,

8-8 and sections 7 and 8 of this act.

8-9 4. All claims against the fund must be paid as other claims against the

8-10 state are paid.

8-11 5. Any money received by the commission on the condition that it be

8-12 expended for a specific purpose must be accounted for separately in the

8-13 fund.

8-14 Sec. 14. NRS 4.373 is hereby amended to read as follows:

8-15 4.373 1. Except as otherwise provided in subsection 2 [,] or by

8-43 certified by the bureau of alcohol and drug abuse [of the rehabilitation

9-1 division of] in the department of [employment, training and rehabilitation;]

9-2 human resources;

9-3 (b) A program for the treatment of persons who commit domestic

9-4 violence that has been certified pursuant to NRS 228.470; or

9-5 (c) Both programs set forth in paragraphs (a) and (b),

9-6 and that he comply with any other condition of suspension ordered by the

9-7 justice of the peace.

9-8 3. The justice of the peace may order reports from a person whose

9-9 sentence is suspended at such times as he deems appropriate concerning the

9-10 compliance of the offender with the conditions of suspension. If the

9-11 offender complies with the conditions of suspension to the satisfaction of

9-12 the justice of the peace, the sentence may be reduced to not less than the

9-13 minimum period of confinement established for the offense.

9-14 4. The justice of the peace may issue a warrant for the arrest of an

9-15 offender who violates or fails to fulfill a condition of suspension.

9-16 Sec. 15. NRS 5.055 is hereby amended to read as follows:

9-17 5.055 1. Except as otherwise provided in subsection 2 [,] or by

9-43 the condition that the person actively participate in:

10-1 (a) A program of treatment for the abuse of alcohol or drugs which is

10-2 certified by the bureau of alcohol and drug abuse [of the rehabilitation

10-3 division of] in the department of [employment, training and rehabilitation;]

10-4 human resources;

10-5 (b) A program for the treatment of persons who commit domestic

10-6 violence that has been certified pursuant to NRS 228.470; or

10-7 (c) Both programs set forth in paragraphs (a) and (b),

10-8 and that he comply with any other condition of suspension ordered by the

10-9 municipal judge.

10-10 3. The municipal judge may order reports from a person whose

10-11 sentence is suspended at such times as he deems appropriate concerning the

10-12 compliance of the offender with the conditions of suspension. If the

10-13 offender complies with the conditions of suspension to the satisfaction of

10-14 the municipal judge, the sentence may be reduced to not less than the

10-15 minimum period of confinement established for the offense.

10-16 4. The municipal judge may issue a warrant for the arrest of an

10-17 offender who violates or fails to fulfill a condition of suspension.

10-18 Sec. 16. NRS 62.2275 is hereby amended to read as follows:

10-19 62.2275 1. If a child within the jurisdiction of the juvenile court is

10-43 by the person who conducted the evaluation pursuant to subsection 2.

11-1 (b) Require the treatment facility to submit monthly reports on the

11-2 treatment of the child pursuant to this section.

11-3 (c) Order the child, if he is at least 18 years of age or an emancipated

11-4 minor, or the parent or legal guardian of the child, to the extent of the

11-5 financial resources of the child or his parent or legal guardian, to pay any

11-6 charges relating to the evaluation and treatment of the child pursuant to this

11-7 section. If the child, or his parent or legal guardian, does not have the

11-8 financial resources to pay all of those charges:

11-9 (1) The judge shall, to the extent possible, arrange for the child to

11-10 receive treatment from a treatment facility which receives a sufficient

11-11 amount of federal or state money to offset the remainder of the costs; and

11-12 (2) The judge may order the child to perform supervised work for the

11-13 benefit of the community in lieu of paying the charges relating to his

11-14 evaluation and treatment. The work must be performed for and under the

11-15 supervising authority of a county, city, town or other political subdivision

11-16 or agency of the State of Nevada or a charitable organization that renders

11-17 service to the community or its residents. The court may require the child

11-18 or his parent or legal guardian to deposit with the court a reasonable sum of

11-19 money to pay for the cost of policies of insurance against liability for

11-20 personal injury and damage to property or for industrial insurance, or both,

11-21 during those periods in which the child performs the work, unless, in the

11-22 case of industrial insurance, it is provided by the authority for which he

11-23 performs the work.

11-24 4. A treatment facility is not liable for any damages to person or

11-25 property caused by a child who drives while under the influence of an

11-26 intoxicating liquor or a controlled substance after the treatment facility has

11-27 certified to his successful completion of a program of treatment ordered

11-28 pursuant to this section.

11-29 5. The provisions of this section do not prohibit a judge from:

11-30 (a) Requiring an evaluation to be conducted by a person who is

11-31 employed by a private company if the company meets the standards of the

11-32 bureau of alcohol and drug abuse. Such an evaluation may be conducted at

11-33 an evaluation center pursuant to paragraph (b) of subsection 2.

11-34 (b) Ordering the child to attend a program of treatment which is

11-35 administered by a private company.

11-36 6. All information relating to the evaluation or treatment of a child

11-37 pursuant to this section is confidential and, except as otherwise authorized

11-38 by the provisions of this chapter or the juvenile court, must not be disclosed

11-39 to any person other than the juvenile court, the child and his attorney, if

11-40 any, his parents or guardian, the prosecuting attorney and any other person

11-41 for whom the communication of that information is necessary to effectuate

11-42 the evaluation or treatment of the child. A record of any finding that a child

12-1 has violated the provisions of NRS 484.379 or 484.3795 must be included

12-2 in the driver’s record of that child for 7 years after the date of the offense.

12-3 7. As used in this section:

12-4 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

12-5 drug abuse in [the rehabilitation division of] the department of

12-6 [employment, training and rehabilitation.] human resources.

12-7 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

12-8 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

12-9 Sec. 17. NRS 200.485 is hereby amended to read as follows:

12-10 200.485 1. Unless a greater penalty is provided pursuant to NRS

12-43 commit domestic violence that has been certified pursuant to NRS 228.470.

13-1 (b) For the second offense within the immediately preceding 7 years,

13-2 require him to participate in weekly counseling sessions of not less than 1

13-3 1/2 hours per week for 12 months, at his own expense, in a program for the

13-4 treatment of persons who commit domestic violence that has been certified

13-5 pursuant to NRS 228.470.

13-6 3. In addition to any other fine or penalty, the court shall order such a

13-7 person to pay an administrative assessment of $35. Any money so collected

13-8 must be paid by the clerk of the court to the state treasurer on or before the

13-9 fifth day of each month for the preceding month for credit to the account

13-10 for programs related to domestic violence established pursuant to NRS

13-11 228.460.

13-12 4. In addition to any other penalty, the court may require such a person

13-13 to participate, at his own expense, in a program of treatment for the abuse

13-14 of alcohol or drugs that has been certified by the bureau of alcohol and

13-15 drug abuse [of the rehabilitation division of] in the department of

13-16 [employment, training and rehabilitation.] human resources.

13-17 5. If a person is charged with committing a battery which constitutes

13-18 domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not

13-19 dismiss such a charge in exchange for a plea of guilty, guilty but mentally

13-20 ill or nolo contendere to a lesser charge or for any other reason unless he

13-21 knows, or it is obvious, that the charge is not supported by probable cause

13-22 or cannot be proved at the time of trial. A court shall not grant probation to

13-23 and, except as otherwise provided in NRS 4.373 and 5.055, a court shall

13-24 not suspend the sentence of such a person.

13-25 6. For the purposes of this section:

13-26 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

13-27 subsection 1 of NRS 200.481; and

13-28 (b) "Offense" includes a battery which constitutes domestic violence

13-29 pursuant to NRS 33.018 or a violation of the law of any other jurisdiction

13-30 that prohibits the same or similar conduct.

13-31 Sec. 18. NRS 209.4232 is hereby amended to read as follows:

13-32 209.4232 "Bureau" means the bureau of alcohol and drug abuse [of the

13-34 rehabilitation.] human resources.

13-35 Sec. 19. NRS 209.448 is hereby amended to read as follows:

13-36 209.448 1. An offender who has no serious infraction of the

13-43 by the bureau of alcohol and drug abuse [of the rehabilitation division of]

14-1 in the department of [employment, training and rehabilitation.] human

14-2 resources.

14-3 2. The provisions of this section apply to any offender who is

14-4 sentenced on or after October 1, 1991.

14-5 Sec. 20. NRS 211.340 is hereby amended to read as follows:

14-6 211.340 1. In addition to the credits on a term of imprisonment

14-21 days or more.

14-22 Sec. 21. NRS 232.940 is hereby amended to read as follows:

14-23 232.940 The rehabilitation division of the department consists of the

14-27 3.] Bureau of vocational rehabilitation.

14-28 Sec. 22. NRS 484.3793 is hereby amended to read as follows:

14-29 484.3793 As used in NRS 484.3793 to 484.37947, inclusive:

14-39 training and rehabilitation.] human resources.

14-40 Sec. 23. NRS 484.37935 is hereby amended to read as follows:

14-41 484.37935 The bureau of alcohol and drug abuse [of the rehabilitation

14-43 human resources shall adopt by regulation the standards to be used for

15-1 approving the operation of a facility as an evaluation center for the

15-2 purposes of NRS 484.37937 to 484.37945, inclusive.

15-3 Sec. 24. NRS 484.37937 is hereby amended to read as follows:

15-4 484.37937 1. Except as otherwise provided in subsection 2, a person

15-43 other information before the court.

16-1 6. If the court grants an application for treatment, the court shall:

16-2 (a) Immediately sentence the offender and enter judgment accordingly.

16-3 (b) Suspend the sentence of the offender for not more than 3 years upon

16-4 the condition that the offender be accepted for treatment by a treatment

16-5 facility, that he complete the treatment satisfactorily and that he comply

16-6 with any other condition ordered by the court.

16-7 (c) Advise the offender that:

16-8 (1) If he is accepted for treatment by such a facility, he may be placed

16-9 under the supervision of the facility for a period not to exceed 3 years and

16-10 during treatment he may be confined in an institution or, at the discretion of

16-11 the facility, released for treatment or supervised aftercare in the community.

16-12 (2) If he is not accepted for treatment by such a facility or he fails to

16-13 complete the treatment satisfactorily, he shall serve the sentence imposed

16-14 by the court. Any sentence of imprisonment must be reduced by a time

16-15 equal to that which he served before beginning treatment.

16-16 (3) If he completes the treatment satisfactorily, his sentence will be

16-17 reduced to a term of imprisonment which is no longer than that provided

16-18 for the offense in paragraph (c) of subsection 1 and a fine of not more than

16-19 the minimum fine provided for the offense in NRS 484.3792, but the

16-20 conviction must remain on his record of criminal history.

16-21 7. The court shall administer the program of treatment pursuant to the

16-22 procedures provided in NRS 458.320 and 458.330, except that the court:

16-23 (a) Shall not defer the sentence, set aside the conviction or impose

16-24 conditions upon the election of treatment except as provided in this section.

16-25 (b) May immediately revoke the suspension of sentence for a violation

16-26 of any condition of the suspension.

16-27 8. The court shall notify the department, on a form approved by the

16-28 department, upon granting the application of the offender for treatment and

16-29 his failure to be accepted for or complete treatment.

16-30 Sec. 25. NRS 484.3794 is hereby amended to read as follows:

16-31 484.3794 1. Except as otherwise provided in subsection 2, a person

16-42 or

17-1 (2) Physician certified to make that diagnosis by the board of medical

17-2 examiners;

17-3 (b) He agrees to pay the costs of the treatment to the extent of his

17-4 financial resources; and

17-5 (c) He has served or will serve a term of imprisonment in jail of 5 days,

17-6 and if required pursuant to NRS 484.3792, has performed or will perform

17-7 not less than 50 hours, but not more than 100 hours, of work for the

17-8 community.

17-9 2. A person may not apply to the court to undergo a program of

17-10 treatment pursuant to subsection 1 if, within the immediately preceding 7

17-11 years, he has been found guilty of:

17-12 (a) A violation of NRS 484.3795;

17-13 (b) A homicide resulting from driving a vehicle while under the

17-14 influence of intoxicating liquor or a controlled substance; or

17-15 (c) A violation of the law of any other jurisdiction which prohibits the

17-16 same or similar conduct as set forth in paragraph (a) or (b).

17-17 3. For the purposes of subsection 1, a violation of the law of any other

17-18 jurisdiction which prohibits the same or similar conduct as NRS 484.379

17-19 constitutes a violation of NRS 484.379.

17-20 4. A prosecuting attorney may, within 10 days after receiving notice of

17-21 an application for treatment pursuant to this section, request a hearing on

17-22 the matter. The court shall order a hearing on the application upon the

17-23 request of the prosecuting attorney or may order a hearing on its own

17-24 motion.

17-25 5. At the hearing on the application for treatment, the prosecuting

17-26 attorney may present the court with any relevant evidence on the matter. If

17-27 a hearing is not held, the court shall decide the matter upon affidavits and

17-28 other information before the court.

17-29 6. If the court determines that an application for treatment should be

17-30 granted, the court shall:

17-31 (a) Immediately sentence the offender and enter judgment accordingly.

17-32 (b) Suspend the sentence of the offender for not more than 3 years upon

17-33 the condition that the offender be accepted for treatment by a treatment

17-34 facility, that he complete the treatment satisfactorily and that he comply

17-35 with any other condition ordered by the court.

17-36 (c) Advise the offender that:

17-37 (1) If he is accepted for treatment by such a facility, he may be placed

17-38 under the supervision of the facility for a period not to exceed 3 years and

17-39 during treatment he may be confined in an institution or, at the discretion of

17-40 the facility, released for treatment or supervised aftercare in the community.

17-41 (2) If he is not accepted for treatment by such a facility or he fails to

17-42 complete the treatment satisfactorily, he shall serve the sentence imposed

18-1 by the court. Any sentence of imprisonment must be reduced by a time

18-2 equal to that which he served before beginning treatment.

18-3 (3) If he completes the treatment satisfactorily, his sentence will be

18-4 reduced to a term of imprisonment which is no longer than that provided

18-5 for the offense in paragraph (c) of subsection 1 and a fine of not more than

18-6 the minimum provided for the offense in NRS 484.3792, but the conviction

18-7 must remain on his record of criminal history.

18-8 7. The court shall administer the program of treatment pursuant to the

18-9 procedures provided in NRS 458.320 and 458.330, except that the court:

18-10 (a) Shall not defer the sentence, set aside the conviction or impose

18-11 conditions upon the election of treatment except as provided in this section.

18-12 (b) May immediately revoke the suspension of sentence for a violation

18-13 of a condition of the suspension.

18-14 8. The court shall notify the department, on a form approved by the

18-15 department, upon granting the application of the offender for treatment and

18-16 his failure to be accepted for or complete treatment.

18-17 Sec. 26. NRS 484.37943 is hereby amended to read as follows:

18-18 484.37943 1. If a person is found guilty of a first violation, if the

18-42 required for the offender.

19-1 4. The evaluation of an offender who resides more than 30 miles from

19-2 an evaluation center may be conducted outside an evaluation center by a

19-3 person who has the qualifications set forth in subsection 3. The person who

19-4 conducts the evaluation shall report to the court the results of the evaluation

19-5 and make a recommendation to the court concerning the length and type of

19-6 treatment required for the offender.

19-7 5. The evaluation of an offender who resides in another state may,

19-8 upon approval of the court, be conducted in the state where the offender

19-9 resides by a physician or other person who is authorized by the appropriate

19-10 governmental agency in that state to conduct such an evaluation. The

19-11 offender shall ensure that the results of the evaluation and the

19-12 recommendation concerning the length and type of treatment for the

19-13 offender are reported to the court.

19-14 6. An offender who is evaluated pursuant to this section shall pay the

19-15 cost of the evaluation. An evaluation center or a person who conducts an

19-16 evaluation in this state outside an evaluation center shall not charge an

19-17 offender more than $100 for the evaluation.

19-18 Sec. 27. NRS 484.37947 is hereby amended to read as follows:

19-19 484.37947 The provisions of NRS 484.37943 and 484.37945 do not

19-28 administered by a private company.

19-29 Sec. 28. NRS 484.3796 is hereby amended to read as follows:

19-30 484.3796 1. Before sentencing an offender pursuant to NRS

19-42 psychological examiners.

20-1 3. The counselor, physician or psychologist who conducts the

20-2 evaluation shall immediately forward the results of the evaluation to the

20-3 director of the department of prisons.

20-4 Sec. 29. NRS 488.430 is hereby amended to read as follows:

20-5 488.430 1. Before sentencing a defendant pursuant to NRS 488.420,

20-19 director of the department of prisons.

20-20 Sec. 30. NRS 608.156 is hereby amended to read as follows:

20-21 608.156 1. If an employer provides health benefits for his employees,

20-43 is licensed by the health division of the department of human resources,

21-1 accredited by the Joint Commission on Accreditation of Hospitals and

21-2 provides a program for the treatment of abuse of alcohol or drugs as part of

21-3 its accredited activities.

21-4 Sec. 31. NRS 641.029 is hereby amended to read as follows:

21-5 641.029 This chapter does not apply to:

21-19 represent himself as a psychologist.

21-20 Sec. 32. NRS 641B.040 is hereby amended to read as follows:

21-21 641B.040 This chapter does not apply to:

21-43 or any other title which clearly indicates his training status.

22-1 Sec. 33. NRS 689A.046 is hereby amended to read as follows:

22-2 689A.046 1. The benefits provided by a policy for health insurance

22-22 its accredited activities.

22-23 Sec. 34. NRS 689B.036 is hereby amended to read as follows:

22-24 689B.036 1. The benefits provided by a group policy for health

22-43 accredited by the Joint Commission on Accreditation of Hospitals and

23-1 provides a program for the treatment of abuse of alcohol or drugs as part of

23-2 its accredited activities.

23-3 Sec. 34.5. NRS 695B.194 is hereby amended to read as follows:

23-4 695B.194 1. The annual benefits provided by a policy for group

23-26 its accredited activities.

23-27 Sec. 35. NRS 695C.174 is hereby amended to read as follows:

23-28 695C.174 1. The benefits provided by health maintenance plans for

23-42 certified by the bureau of alcohol and drug abuse in [the rehabilitation

24-1 division of] the department of [employment, training and rehabilitation.]

24-2 human resources.

24-3 (b) Hospital or other medical facility or facility for the dependent which

24-4 is licensed by the health division of the department of human resources,

24-5 accredited by the Joint Commission on Accreditation of Hospitals and

24-6 provides a program for the treatment of abuse of alcohol or drugs as part of

24-7 its accredited activities.

24-8 Sec. 36. Section 15 of Senate Bill No. 101 of this session is hereby

24-9 amended to read as follows:

24-10 Sec. 15. NRS 453.1545 is hereby amended to read as follows:

24-11 453.1545 1. The board and the division shall cooperatively

24-43 be disclosed:

25-1 (a) Upon the request of a person about whom the information

25-2 requested concerns or upon the request on his behalf by his

25-3 attorney; or

25-4 (b) Upon the lawful order of a court of competent jurisdiction.

25-5 5. The board and the division may apply for any available

25-6 grants and accept any gifts, grants or donations to assist in

25-7 developing and maintaining the program required by this section.

25-8 Sec. 37. 1. The department of human resources shall establish three

25-9 pilot projects in family resource centers as follows:

25-10 (a) One pilot project must be located in a family resource center that is

25-11 located in a county whose population is 400,000 or more;

25-12 (b) One pilot project must be located in a family resource center that is

25-13 located in a county whose population is 100,000 or more but less than

25-14 400,000; and

25-15 (c) One pilot project must be located in a family resource center that is

25-16 located in a county whose population is less than 100,000.

25-17 2. Each pilot project must provide families with services related to the

25-18 prevention of substance abuse and intervention into problems of substance

25-19 abuse.

25-20 3. The commission shall:

25-21 (a) Define the scope of the services that must be provided by the pilot

25-22 projects;

25-23 (b) Prepare requests for proposals based on the scope of the services

25-24 needed;

25-25 (c) Set appropriate deadlines for receiving such proposals;

25-26 (d) Accept such proposals; and

25-27 (e) Review on a competitive basis the proposals submitted and award

25-28 the pilot projects.

25-29 4. The local governing board of a family resource center in which a

25-30 pilot project has been established shall, for each calendar year in which the

25-31 family resource center provides services pursuant to the pilot project,

25-32 submit a report to the commission and the director of the department of

25-33 human resources, and to the director of the legislative counsel bureau for

25-34 transmittal to the appropriate legislative committees. The report must

25-35 include:

25-36 (a) The kinds of services offered pursuant to the pilot project during the

25-37 previous 12 months;

25-38 (b) The number of adolescents and adults who received services

25-39 pursuant to the pilot project during the previous 12 months;

25-40 (c) An estimate of the number of adolescents and adults in the

25-41 community served by the family resource center who are or may be in need

25-42 of services relating to substance abuse, and a description of the services

25-43 needed; and

26-1 (d) Such other information as the commission or the director of the

26-2 department of human resources requests.

26-3 5. As used in this section:

26-4 (a) "Commission" means the commission on substance abuse education,

26-5 prevention, enforcement and treatment created within the department of

26-6 motor vehicles and public safety pursuant to NRS 458.380.

26-7 (b) "Family resource center" means a family resource center established

26-8 and operated pursuant to chapter 430A of NRS.

26-9 Sec. 38. The bureau of alcohol and drug abuse in the department of

26-10 human resources shall make available from its existing federal and state

26-11 funding sources the sum of $158,400 for the three pilot projects to be

26-12 established pursuant to section 37 of this act.

26-13 Sec. 39. The state treasurer shall transfer any balance remaining

26-14 unexpended on June 30, 1999, in the state grant and gift account for

26-15 alcohol and drug abuse in the department of employment, training and

26-16 rehabilitation’s gift fund to the state grant and gift account for alcohol and

26-17 drug abuse which is created in the department of human resources’ gift

26-18 fund pursuant to section 11 of this act.

26-19 Sec. 40. 1. Any regulations adopted by the bureau of alcohol and

26-20 drug abuse in the rehabilitation division of the department of employment,

26-21 training and rehabilitation remain in force until amended by the bureau of

26-22 alcohol and drug abuse in the department of human resources. Such

26-23 regulations must be enforced by the bureau of alcohol and drug abuse in the

26-24 department of human resources.

26-25 2. Any contracts or other agreements entered into by the bureau of

26-26 alcohol and drug abuse in the rehabilitation division of the department of

26-27 employment, training and rehabilitation, or the department of employment,

26-28 training or rehabilitation pursuant to NRS 458.035 are binding on the

26-29 bureau of alcohol and drug abuse in the department of human resources or

26-30 the department of human resources, as appropriate. Such contracts or other

26-31 agreements must be enforced by the bureau of alcohol and drug abuse in

26-32 the department of human resources or the department of human resources,

26-33 as appropriate.

26-34 Sec. 41. On and after July 1, 1999, any certifications issued by the

26-35 bureau of alcohol and drug abuse in the rehabilitation division of the

26-36 department of employment, training and rehabilitation to facilities,

26-37 programs or personnel pursuant to NRS 458.025 before July 1, 1999, shall

26-38 be deemed to have been issued by the bureau of alcohol and drug abuse in

26-39 the department of human resources.

26-40 Sec. 42. This act becomes effective on July 1, 1999.

26-41 Sec. 43. The legislative counsel shall:

26-42 1. In preparing the reprint and supplements to the Nevada Revised

26-43 Statutes, with respect to any section that is not amended by this act or is

27-1 further amended by another act, appropriately change any references to the

27-2 bureau of alcohol and drug abuse in the rehabilitation division of the

27-3 department of employment, training and rehabilitation to the bureau of

27-4 alcohol and drug abuse in the department of human resources.

27-5 2. In preparing supplements to the Nevada Administrative Code,

27-6 appropriately change any references to the bureau of alcohol and drug

27-7 abuse in the rehabilitation division of the department of employment,

27-8 training and rehabilitation to the bureau of alcohol and drug abuse in the

27-9 department of human resources.