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.

the department of motor vehicles and public safety.

the abuse of alcohol or drugs that is supervised by a judge.

advisory board has been created pursuant to section 4 of this act in the

judicial district in which an offender was sentenced to imprisonment, the

director shall, after consulting with the division, refer the offender to the

advisory board if the director believes that the offender would participate

successfully in and benefit from a program of treatment and:

judge in the judicial district to which the offender would be assigned

pursuant to section 10 of this act will assist the offender to establish a

position of employment in the community; and

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 has the ability to pay for such costs and to meet such

obligations; and

determined by the director; or

revoked on or after July 1, 1998, for a reason other than for committing

a crime while on parole or probation.

notified by an advisory board pursuant to section 4 of this act that an

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.

offenders are eligible to be assigned to the custody of the division

pursuant to this section. The standards must be approved by the board

and reviewed by the interim finance committee. The standards adopted

by the director must provide that an offender who:

institution or facility of the department;

orderly manner;

violence against the victim that is punishable as a gross misdemeanor or

felony; or

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;

institution for adults; or

complete any educational or vocational program or any program of

treatment, as ordered by the director,

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.

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.

section 10 of this act may return the offender to the custody of the

department at any time.

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 is returned to the custody of the department, the offender forfeits all

or part of the credits for good behavior earned by him before he was

returned to the custody of the department, as determined by the director.

The director may provide for a forfeiture of credits pursuant to this

subsection only after proof of the violation and notice to the offender,

and may restore credits forfeited for such reasons as he considers proper.

The decision of the director regarding such a forfeiture is final.

pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a release on parole;

and

(b) For the purposes of NRS 209.341, an assignment to a facility of

the department,

except that the offender is not entitled to obtain any benefits or to

participate in any programs provided to offenders in the custody of the

department.

8. An offender does not have a right to be assigned to the custody of

the division pursuant to this section, or to remain in that custody after

such 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

liberty or property or establish a basis for any cause of action against the

State of Nevada, its political subdivisions, agencies, boards, commissions,

departments, officers or employees.

9. The director shall not assign more than 150 offenders to the

custody of the division pursuant to this section to be assigned to

participate in a program of treatment during each biennium.

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.

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.

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.

shall establish an advisory board to determine whether offenders who are

referred by the director pursuant to section 2 of this act should be

assigned to the custody of the division to be assigned to participate in a

program of treatment.

2. The advisory board established pursuant to subsection 1 shall

evaluate each offender referred by the director pursuant to section 2 of

this act to determine whether the offender should be assigned to the

custody of the division to be assigned to participate in a program of

treatment.

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

court to which the offender would be assigned agrees with the

determination, the advisory board shall promptly notify the director of its

determination.

this act must consist of at least:

experience related to a program of treatment;

(b) A representative of the office of the district attorney of the county

in which the court that established the advisory board is located;

participating in a program of treatment, or a representative of the office

of the public defender of the county in which the court that established

the advisory board is located, if such an office has been created in the

county;

abuse of alcohol or drugs.

2. A majority of the members of the advisory board constitute a

quorum. Except as otherwise provided in this subsection, a quorum may

exercise all the power and authority conferred on the advisory board. An

offender may not be assigned to the custody of a court without the

approval of the judge of the court.

and may not receive a per diem allowance or travel expenses.

this state or a political subdivision of this state must be relieved from his

duties without loss of his regular compensation so that he may prepare

for and attend meetings of the advisory board and perform any work

necessary to carry out the duties of the advisory board in the most timely

manner practicable. A state agency or political subdivision of this state

shall not require an officer or employee who is a member of the advisory

board to make up the time he is absent from work to carry out his duties

as a member of the advisory board or use annual vacation or

compensatory time for the absence.

advisory board:

office because of his membership on the advisory board; and

his membership on the advisory board.

1. d
2. (c) For the period he is in the custody of the division of parole and

1. probation of the department of motor vehicles and public safety pursuant

1. to section 2 of this act,

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

1. pursuant to section 2 of this act to participate in a program of treatment

1. for the abuse of alcohol or drugs.