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).

1-1 Section 1. Chapter 458 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. 1. No person, state or local government or agency thereof

1-4 may operate or maintain in this state a transitional housing facility

1-5 without first obtaining a certificate for the facility from the bureau.

1-6 2. A person that operates a transitional housing facility without a

1-7 certificate issued by the bureau is guilty of a misdemeanor.

1-8 Sec. 3. Each certificate issued by the bureau to a transitional

1-9 housing facility expires on the first December 31 following its issuance

1-10 and is renewable for 1 year upon reapplication and payment of a renewal

1-11 fee established pursuant to NRS 458.025.

1-12 Sec. 4. The bureau may:

1-13 1. Upon receipt of an application for certification as a transitional

1-14 housing facility, conduct an investigation into the premises,

1-15 qualifications of personnel, methods of operation, policies and purposes

1-16 of any person proposing to engage in the operation of that facility.

2-1 2. Upon receipt of a complaint against a transitional housing facility,

2-2 conduct an investigation into the premises, qualification of personnel,

2-3 methods of operation, policies, procedures and records of that facility.

2-4 3. Inspect a transitional housing facility at any time, with or without

2-5 notice, as often as is necessary to ensure compliance with all applicable

2-6 regulations and standards adopted by the bureau.

2-7 Sec. 5. 1. If a transitional housing facility violates any provisions

2-8 related to its certification, including, without limitation, any law of this

2-9 state or any applicable condition, standard or regulation adopted by the

2-10 bureau, the bureau may:

2-11 (a) Suspend or revoke its certification; and

2-12 (b) Impose an administrative fine of not more than $1,000 per day for

2-13 each violation, together with interest thereon at a rate not to exceed 10

2-14 percent per annum.

2-15 2. If a transitional housing facility fails to pay an administrative fine

2-16 imposed pursuant to subsection 1, the bureau may:

2-17 (a) Suspend the certificate of the facility until the administrative fine

2-18 is paid; and

2-19 (b) Collect court costs, reasonable attorney’s fees and other costs

2-20 incurred to collect the administrative fine.

2-21 3. Any money collected as an administrative fine must be deposited

2-22 in the state general fund. If money is needed to pay the costs of an

2-23 investigation or inspection to carry out the provisions of sections 2 to 8,

2-24 inclusive, of this act, the bureau may present a claim to the state board of

2-25 examiners for recommendation to the interim finance committee.

2-26 Sec. 6. The bureau shall adopt such regulations as are necessary to

2-27 carry out the provisions of sections 2 to 8, inclusive, of this act.

2-28 Sec. 7. 1. The bureau may bring an action in the name of the state

2-29 to enjoin any person, state or local government or agency thereof from

2-30 operating or maintaining a transitional housing facility:

2-31 (a) Without first obtaining a certificate therefor; or

2-32 (b) After such a certificate has been revoked or suspended by the

2-33 bureau.

2-34 2. It is sufficient in such an action to allege that the defendant did,

2-35 on a certain date and in a certain place, operate and maintain such a

2-36 facility without a certificate.

2-37 Sec. 8. The district attorney of the county in which a transitional

2-38 housing facility is located shall, upon application by the bureau, institute

2-39 and conduct the prosecution of any action for the violation of section 2 of

2-40 this act.

2-41 Sec. 9. NRS 458.010 is hereby amended to read as follows:

2-42 458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 2

2-43 to 8, inclusive, of this act, unless the context requires otherwise:

3-1 1. "Alcohol and drug abuse program" means a project concerned with

3-2 education, prevention and treatment directed toward achieving the mental

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

3-4 2. "Alcohol and drug abuser" means a person whose consumption of

3-5 alcohol or other drugs, or any combination thereof, interferes with or

3-6 adversely affects his ability to function socially or economically.

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

3-8 beverages to the extent that he endangers the health, safety or welfare of

3-9 himself or any other person or group of persons.

3-10 4. "Bureau" means the bureau of alcohol and drug abuse in the

3-11 rehabilitation division of the department.

3-12 5. "Chief" means the chief of the bureau.

3-13 6. "Civil protective custody" means a custodial placement of a person

3-14 for the purpose of protecting his health or safety. Civil protective custody

3-15 does not have any criminal implication.

3-16 7. "Department" means the department of employment, training and

3-17 rehabilitation.

3-18 8. "Director" means the director of the department.

3-19 9. "Facility" means a physical structure used for the education,

3-20 prevention and treatment, including mental and physical restoration, of

3-21 alcohol and drug abusers.

3-22 10. "Transitional housing facility" means a facility that provides a

3-23 supportive living environment where persons receive treatment for the

3-24 abuse of alcohol or drugs in a program that is offered during the day or

3-25 evening, or provides intensive treatment for outpatients, and focuses on

3-26 the application of recovery skills. The term does not include a facility for

3-27 the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.

3-28 Sec. 10. NRS 458.025 is hereby amended to read as follows:

3-29 458.025 The bureau of alcohol and drug abuse is hereby created in the

3-42 of alcohol and drug abusers, and a plan to provide the necessary
3-43 treatment.

4-1 In developing and revising the state plan, the bureau shall consider, among

4-2 other things, the amount of money available from the Federal Government

4-3 for alcohol and drug abuse programs and the conditions attached to the

4-4 acceptance of the money, and the limitations of legislative appropriations

4-5 for alcohol and drug abuse programs.

4-6 2. Is responsible for coordinating efforts to carry out the state plan and

4-7 coordinating all state and federal financial support of alcohol and drug

4-8 abuse programs in the state. The bureau must be consulted in the planning

4-9 of projects and advised of all applications for grants from within the state

4-10 which are concerned with alcohol and drug abuse programs, and shall

4-11 review and advise concerning the applications.

4-12 3. Shall develop and publish standards of certification and may certify

4-13 or deny certification of any facilities, programs or personnel on the basis of

4-14 the standards, and publish a list of certified facilities, programs and

4-15 personnel. Any facilities, programs or personnel which are not certified are

4-16 ineligible to receive state and federal money for alcohol and drug abuse

4-17 programs. The chief [shall] :

4-18 (a) Shall establish requirements for continuing education for persons

4-19 certified as counselors and administrators of the programs ; and [may]

4-20 (b) May set fees for certification of facilities, programs or personnel.

4-21 The fees must be calculated to produce the revenue estimated to cover the

4-22 costs related to the certifications, but in no case may the fee for a certificate

4-23 exceed $100.

4-24 4. Upon request from a facility which is [self-supported,] not required

4-25 to be certified by the bureau, may certify the facility, its programs and

4-26 personnel and add them to the list of certified facilities, programs and

4-27 personnel.

4-28 Sec. 11. The amendatory provisions of this act do not apply to

4-29 offenses that were committed before January 1, 2000.

4-30 Sec. 12. This act becomes effective:

4-31 1. Upon passage and approval for the purpose of adopting regulations

4-32 and performing any other preparatory administrative tasks that are

4-33 necessary to carry out the provisions of this act; and

4-34 2. On January 1, 2000, for all other purposes.