Amendment No. 1218

Assembly Amendment to Senate Bill No. 184 First Reprint (BDR 16-262)

Proposed by: Committee on Ways and Means

Amendment Box: Replaces Amendment Nos. 1200 and 1210. Resolves conflict with A.B. No. 181. Makes substantive changes.

Resolves Conflicts with: AB181

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting "2" and inserting "1.3".

Amend the bill as a whole by adding new sections designated sections 1.3 through 1.7, following section 1, to read as follows:

"Sec. 1.3. As used in sections 1.3 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.5 and 1.7 of this act have the meanings ascribed to them in those sections.

Sec. 1.5. "Division" means the division of parole and probation of the department of motor vehicles and public safety.

Sec. 1.7. "Program of treatment" means a program of treatment for the abuse of alcohol or drugs that is supervised by a judge.".

Amend sec. 2, page 1, by deleting lines 6 and 7 and inserting:

"director shall, after consulting with the division, refer the offender".

Amend sec. 2, page 1, by deleting lines 9 and 10 and inserting:

"participate successfully in and benefit from a program of treatment and:".

Amend sec. 2, page 2, by deleting line 2 and inserting:

"judge in the judicial district to which the offender would be assigned pursuant to section 10 of this act will".

Amend sec. 2, page 2, by deleting lines 6 through 10 and inserting:

"participation in a program of treatment, including, without limitation, costs for room and board, and to meet any existing obligation for restitution to any victim of his crime, or a judge in the judicial district to which the offender would be assigned will assist the offender to ensure that the offender".

Amend sec. 2, page 2, by deleting lines 20 through 23 and inserting:

"offender should be assigned to the custody of the division to be assigned to participate in a program of treatment, the director shall assign the offender to the custody of the division to be assigned to participate in a program of treatment for a minimum of 1 year, but not longer than the remainder of his sentence.".

Amend sec. 2, page 2, line 25, by deleting "a court" and inserting "the division".

Amend sec. 2, page 2, line 26, after "section." by inserting:

"The standards must be approved by the board and reviewed by the interim finance committee.".

Amend sec. 2, page 2, by deleting lines 37 through 40 and inserting:

"(d) Has been convicted of more than one felony in this state or any offense in another state that would be a felony if committed in this state, unless each felony or offense which the offender has been convicted of arose out of the same act, transaction or occurrence;".

Amend sec. 2, page 3, by deleting lines 4 through 10 and inserting:

"is not eligible for assignment to the custody of the division pursuant to this section to be assigned to participate in a program of treatment.

4. The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse a court, the division and the department for any costs incurred pursuant to sections 1.3 to 5, inclusive, and 10 of this act. The regulations must be approved by the board and reviewed by the interim finance committee.

5. A court to which an offender has been assigned pursuant to section 10 of this act may return the offender to the custody of the department at any time.

6. If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by a court to which the offender has been assigned pursuant to section 10 of this act and".

Amend sec. 2, page 3, by deleting line 18 and inserting:

"7. The assignment of an offender to the custody of the division pursuant".

Amend sec. 2, page 3, line 27, by deleting "7." and inserting "8.".

Amend sec. 2, page 3, line 28, by deleting "a court" and inserting "the division".

Amend sec. 2, page 3, by deleting lines 29 and 30 and inserting:

"an assignment, and it is not intended that the provisions of sections 1.3 to 5, inclusive, or section 10 of this act create any right or interest in".

Amend sec. 2, page 3, line 34, by deleting "8." and inserting "9.".

Amend sec. 2, page 3, by deleting lines 35 and 36 and inserting:

"custody of the division pursuant to this section to be assigned to participate in a program of treatment during each biennium.".

Amend sec. 3, pages 3 and 4, by deleting lines 37 through 43 on page 3 and lines 1 through 4 on page 4, and inserting:

"Sec. 3. 1. A court that operates a program of treatment to which an offender is assigned pursuant to section 10 of this act shall submit a claim to the department for the cost of the offender to participate in the program of treatment at the rate of $1,500 for the first month that the offender participates in the program and $250 for each month thereafter that the offender participates in the program, pro rata for any month that the offender participates for less than a month, up to the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act.

2. For each offender assigned to the custody of the division pursuant to section 2 of this act, the division shall submit a claim to the department for the cost of supervising the participation of the offender in the program at the rate of $100 for each month that the offender participates in the program, pro rata for any month that the offender participates for less than a month, up to the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act.

3. Except as otherwise provided in subsection 4, claims submitted pursuant to subsections 1 and 2 must be paid in the same manner as other claims against the state are paid, from money appropriated to the department.

4. Funding for the payments made by the department pursuant to this section must be accrued from the savings incurred by the department as the result of assigning offenders to the custody of the division pursuant to section 2 of this act. Such savings must be documented, and the documentation must be reviewed and approved by the director of the department of administration. Upon the recommendation of the governor and after being approved by the interim finance committee, the amount of the savings must be transferred from the purpose for which it was designated to the budget of the director for payment pursuant to this section.".

Amend sec. 4, page 4, by deleting line 6 and inserting "shall".

Amend sec. 4, page 4, by deleting lines 9 and 10 and inserting:

"assigned to the custody of the division to be assigned to participate in a program of treatment.".

Amend sec. 4, page 4, line 12, by deleting:

"meet regularly to".

Amend sec. 4, page 4, by deleting lines 14 through 19 and inserting:

"be assigned to the custody of the division to be assigned to participate in a program of treatment.

3. If a majority of the members of the advisory board determine that an offender should be assigned to the custody of the division to be assigned to participate in a program of treatment and the judge of the".

Amend sec. 5, page 4, by deleting lines 26 and 27 and inserting:

"experience related to a program of treatment;".

Amend sec. 5, page 4, line 30, by deleting "A" and inserting:

"An attorney regularly assigned to represent offenders who are participating in a program of treatment, or a".

Amend sec. 6, page 5, line 25, by deleting "a court" and inserting:

"the division of parole and probation of the department of motor vehicles and public safety".

Amend sec. 7, page 6, line 1, by deleting "a court" and inserting:

"the division of parole and probation of the department of motor vehicles and public safety".

Amend sec. 8, page 6, line 38, by deleting "a court" and inserting:

"the division of parole and probation of the department of motor vehicles and public safety".

Amend sec. 9, page 7, line 28, by deleting "a court" and inserting:

"the division of parole and probation of the department of motor vehicles and public safety".

Amend sec. 9, page 7, lines 33 and 34, by deleting "a court" and inserting:

"the division of parole and probation of the department of motor vehicles and public safety".

Amend sec. 10, page 8, by deleting lines 1 through 38 and inserting:

"Sec. 10. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

The division of parole and probation of the department of motor vehicles and public safety shall:

1. Supervise each offender who is assigned to the custody of the division pursuant to section 2 of this act; and

2. Assign each offender who is assigned to the custody of the division pursuant to section 2 of this act to participate in a program of treatment for the abuse of alcohol or drugs.".

Amend sec. 11, page 8, by deleting lines 42 and 43 and inserting:

"treatment for the abuse of alcohol or drugs by certain persons that are supervised by a judge in the Second Judicial District. The appropriation must be disbursed as follows:".

Amend sec. 12, page 9, by deleting lines 5 through 7 and inserting:

"State of Nevada the sum of $700,000 for the continuation of its programs of treatment for the abuse of alcohol or drugs by certain persons that are supervised by a judge in the Eighth Judicial District.".

Amend sec. 12, page 9, by deleting line 11 and inserting "District.".

Amend the title of the bill, second line, by deleting "a court" and inserting:

"the division of parole and probation of the department of motor vehicles and public safety".

Amend the summary of the bill, first line, by deleting "court" and inserting:

"division of parole and probation of department of motor vehicles and public safety".