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 209 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. 1. Except as otherwise provided in this section, if an

1-4 advisory board has been created pursuant to section 4 of this act in the

1-5 judicial district in which an offender was sentenced to imprisonment, the

1-6 director shall, after consulting with the division of parole and probation

1-7 of the department of motor vehicles and public safety, refer the offender

1-8 to the advisory board if the director believes that the offender would

1-9 participate successfully in and benefit from a program of treatment for

1-10 the abuse of alcohol or drugs established pursuant to NRS 453.580 and:

1-11 (a) The offender has:

2-1 (1) Established a position of employment in the community, or a

2-2 judge in the judicial district in which the offender was sentenced will

2-3 assist the offender to establish a position of employment in the

2-4 community; and

2-5 (2) Demonstrated an ability to pay for all or part of the costs of his

2-6 participation in a program of treatment for the abuse of alcohol or drugs

2-7 established pursuant to NRS 453.580, including, without limitation, costs

2-8 for room and board, and to meet any existing obligation for restitution to

2-9 any victim of his crime, or a judge in the judicial district in which the

2-10 offender was sentenced will assist the offender to ensure that the offender

2-11 has the ability to pay for such costs and to meet such obligations; and

2-12 (b) The offender:

2-13 (1) Is within 2 years of his probable release from prison as

2-14 determined by the director; or

2-15 (2) Is imprisoned as a result of having had his parole or probation

2-16 revoked on or after July 1, 1998, for a reason other than for committing

2-17 a crime while on parole or probation.

2-18 2. Except as otherwise provided in this section, if the director is

2-19 notified by an advisory board pursuant to section 4 of this act that an

2-20 offender should be assigned to the custody of a court to participate in a

2-21 program of treatment established pursuant to NRS 453.580, the director

2-22 shall assign the offender to the custody of the court to participate in the

2-23 program for not longer than the remainder of his sentence.

2-24 3. The director shall adopt, by regulation, standards providing which

2-25 offenders are eligible to be assigned to the custody of a court pursuant to

2-26 this section. The standards adopted by the director must provide that an

2-27 offender who:

2-28 (a) Has recently committed a serious infraction of the rules of an

2-29 institution or facility of the department;

2-30 (b) Has not performed the duties assigned to him in a faithful and

2-31 orderly manner;

2-32 (c) Has ever been convicted of:

2-33 (1) Any crime involving the use or threatened use of force or

2-34 violence against the victim that is punishable as a gross misdemeanor or

2-35 felony; or

2-36 (2) A sexual offense;

2-37 (d) Has more than one prior incident which resulted in one or more

2-38 convictions for any felony in this state or any offense in another state

2-39 that would be a felony if committed in this state, not including a violation

2-40 of NRS 484.3792 or 484.3795;

2-41 (e) Has escaped or attempted to escape from any jail or correctional

2-42 institution for adults; or

3-1 (f) Has not made an effort in good faith to participate in or to

3-2 complete any educational or vocational program or any program of

3-3 treatment, as ordered by the director,

3-4 is not eligible for assignment to the custody of a court to participate in a

3-5 program of treatment pursuant to this section.

3-6 4. A court to which an offender has been assigned pursuant to this

3-7 section may return the offender to the custody of the department at any

3-8 time.

3-9 5. If an offender assigned to the custody of a court pursuant to this

3-10 section violates any of the terms or conditions imposed by the court and

3-11 is returned to the custody of the department, the offender forfeits all or

3-12 part of the credits for good behavior earned by him before he was

3-13 returned to the custody of the department, as determined by the director.

3-14 The director may provide for a forfeiture of credits pursuant to this

3-15 subsection only after proof of the violation and notice to the offender,

3-16 and may restore credits forfeited for such reasons as he considers proper.

3-17 The decision of the director regarding such a forfeiture is final.

3-18 6. The assignment of an offender to the custody of a court pursuant

3-19 to this section shall be deemed:

3-20 (a) A continuation of his imprisonment and not a release on parole;

3-21 and

3-22 (b) For the purposes of NRS 209.341, an assignment to a facility of

3-23 the department,

3-24 except that the offender is not entitled to obtain any benefits or to

3-25 participate in any programs provided to offenders in the custody of the

3-26 department.

3-27 7. An offender does not have a right to be assigned to the custody of

3-28 a court pursuant to this section, or to remain in that custody after such

3-29 an assignment, and it is not intended that the provisions of sections 2 to

3-30 5, inclusive, of this act, or NRS 453.580 create any right or interest in

3-31 liberty or property or establish a basis for any cause of action against the

3-32 State of Nevada, its political subdivisions, agencies, boards, commissions,

3-33 departments, officers or employees.

3-34 8. The director shall not assign more than 150 offenders to the

3-35 custody of a court to participate in a program of treatment for the abuse

3-36 of alcohol or drugs pursuant to this section during each biennium.

3-37 Sec. 3. 1. A court to which an offender is assigned pursuant to

3-38 section 2 of this act shall submit a claim for the cost of the offender to

3-39 participate in the program of treatment that is incurred before the date

3-40 on which the offender would probably be released from prison, as

3-41 determined by the director pursuant to section 2 of this act, at the rate of

3-42 $1,500 for the first month that the offender is assigned to the custody of

3-43 the court and $250 for each month thereafter that the offender is

4-1 assigned to the custody of the court, pro rata for any month that the

4-2 offender is assigned to the custody of the court for less than a month.

4-3 2. Claims submitted pursuant to subsection 1 must be paid in the

4-4 same manner as other claims against the state are paid.

4-5 Sec. 4. 1. Each court that has established a program of treatment

4-6 for the abuse of alcohol or drugs pursuant to NRS 453.580 shall

4-7 establish an advisory board to determine whether offenders who are

4-8 referred by the director pursuant to section 2 of this act should be

4-9 assigned to the custody of the court to participate in the program of

4-10 treatment established pursuant to NRS 453.580.

4-11 2. The advisory board established pursuant to subsection 1 shall

4-12 meet regularly to evaluate each offender referred by the director

4-13 pursuant to section 2 of this act to determine whether the offender should

4-14 be assigned to the custody of the court to participate in the program of

4-15 treatment established pursuant to NRS 453.580.

4-16 3. If a majority of the members of the advisory board who are

4-17 present at a meeting of the advisory board determine that an offender

4-18 should be assigned to the custody of the court to participate in a program

4-19 of treatment established pursuant to NRS 453.580 and the judge of the

4-20 court to which the offender would be assigned agrees with the

4-21 determination, the advisory board shall promptly notify the director of its

4-22 determination.

4-23 Sec. 5. 1. An advisory board established pursuant to section 4 of

4-24 this act must consist of at least:

4-25 (a) One judge of the court that established the advisory board who has

4-26 experience related to a program of treatment for the abuse of alcohol or

4-27 drugs established pursuant to NRS 453.580;

4-28 (b) A representative of the office of the district attorney of the county

4-29 in which the court that established the advisory board is located;

4-30 (c) A representative of the office of the public defender of the county

4-31 in which the court that established the advisory board is located, if such

4-32 an office has been created in the county;

4-33 (d) A representative from a local law enforcement agency; and

4-34 (e) A person who has professional experience in the treatment of

4-35 abuse of alcohol or drugs.

4-36 2. A majority of the members of the advisory board constitute a

4-37 quorum. Except as otherwise provided in this subsection, a quorum may

4-38 exercise all the power and authority conferred on the advisory board. An

4-39 offender may not be assigned to the custody of a court without the

4-40 approval of the judge of the court.

4-41 3. The members of the advisory board serve without compensation

4-42 and may not receive a per diem allowance or travel expenses.

5-1 4. A member of the advisory board who is an officer or employee of

5-2 this state or a political subdivision of this state must be relieved from his

5-3 duties without loss of his regular compensation so that he may prepare

5-4 for and attend meetings of the advisory board and perform any work

5-5 necessary to carry out the duties of the advisory board in the most timely

5-6 manner practicable. A state agency or political subdivision of this state

5-7 shall not require an officer or employee who is a member of the advisory

5-8 board to make up the time he is absent from work to carry out his duties

5-9 as a member of the advisory board or use annual vacation or

5-10 compensatory time for the absence.

5-11 5. Notwithstanding any other provision of law, a member of the

5-12 advisory board:

5-13 (a) Is not disqualified from public employment or holding a public

5-14 office because of his membership on the advisory board; and

5-15 (b) Does not forfeit his public office or public employment because of

5-16 his membership on the advisory board.

5-17 Sec. 6. NRS 209.432 is hereby amended to read as follows:

5-18 209.432 As used in NRS 209.433 to 209.451, inclusive, unless the

5-31 213.152 to 213.1528, inclusive.

5-32 Sec. 7. NRS 209.446 is hereby amended to read as follows:

5-33 209.446 1. Every offender who is sentenced to prison for a crime

6-1 (c) For the period he is in the custody of a court pursuant to section 2

6-2 of this act,

6-3 a deduction of 10 days from his sentence for each month he serves.

6-4 2. In addition to the credit provided for in subsection 1, the director

6-5 may allow not more than 10 days of credit each month for an offender

6-6 whose diligence in labor and study merits such credits. In addition to the

6-7 credits allowed pursuant to this subsection, an offender is entitled to the

6-8 following credits for educational achievement:

6-9 (a) For earning a general equivalency diploma, 30 days.

6-10 (b) For earning a high school diploma, 60 days.

6-11 (c) For earning an associate degree, 90 days.

6-12 3. The director may allow not more than 10 days of credit each month

6-13 for an offender who participates in a diligent and responsible manner in a

6-14 center for the purpose of making restitution, conservation camp, program of

6-15 work release or another program conducted outside of the prison. An

6-16 offender who earns credit pursuant to this subsection is entitled to the entire

6-17 20 days of credit each month which is authorized in subsections 1 and 2.

6-18 4. The director may allow not more than 90 days of credit each year for

6-19 an offender who engages in exceptional meritorious service.

6-20 5. The board shall adopt regulations governing the award, forfeiture

6-21 and restoration of credits pursuant to this section.

6-22 6. Credits earned pursuant to this section:

6-23 (a) Must be deducted from the maximum term imposed by the sentence;

6-24 and

6-25 (b) Apply to eligibility for parole unless the offender was sentenced

6-26 pursuant to a statute which specifies a minimum sentence which must be

6-27 served before a person becomes eligible for parole.

6-28 Sec. 8. NRS 209.4465 is hereby amended to read as follows:

6-29 209.4465 1. An offender who is sentenced to prison for a crime

6-43 offender whose diligence in labor and study merits such credits. In addition

7-1 to the credits allowed pursuant to this subsection, an offender is entitled to

7-2 the following credits for educational achievement:

7-3 (a) For earning a general equivalency diploma, 30 days.

7-4 (b) For earning a high school diploma, 60 days.

7-5 (c) For earning his first associate degree, 90 days.

7-6 3. The director may, in his discretion, authorize an offender to receive

7-7 a maximum of 90 days of credit for each additional degree of higher

7-8 education earned by the offender.

7-9 4. The director may allow not more than 10 days of credit each month

7-10 for an offender who participates in a diligent and responsible manner in a

7-11 center for the purpose of making restitution, conservation camp, program of

7-12 work release or another program conducted outside of the prison. An

7-13 offender who earns credit pursuant to this subsection is eligible to earn the

7-14 entire 20 days of credit each month that is allowed pursuant to subsections

7-15 1 and 2.

7-16 5. The director may allow not more than 90 days of credit each year for

7-17 an offender who engages in exceptional meritorious service.

7-18 6. The board shall adopt regulations governing the award, forfeiture

7-19 and restoration of credits pursuant to this section.

7-20 7. Credits earned pursuant to this section:

7-21 (a) Must be deducted from the maximum term imposed by the sentence;

7-22 and

7-23 (b) Apply to eligibility for parole unless the offender was sentenced

7-24 pursuant to a statute which specifies a minimum sentence that must be

7-25 served before a person becomes eligible for parole.

7-26 Sec. 9. NRS 212.187 is hereby amended to read as follows:

7-27 212.187 1. A prisoner who is in lawful custody or confinement, other

7-42 performed to carry out the necessary duties of such a person or employee.

8-1 Sec. 10. NRS 453.580 is hereby amended to read as follows:

8-2 453.580 1. A court may establish an appropriate treatment program

8-38 offset the remainder of the costs.

8-39 Sec. 11. There is hereby appropriated from the state general fund to

8-40 the Administrator of the Courts of the Second Judicial District of the State

8-41 of Nevada the sum of $330,000 for the continuation of its programs of

8-42 treatment for the abuse of alcohol or drugs by certain persons established

8-43 pursuant to NRS 453.580. The appropriation must be disbursed as follows:

9-1 1. For the district court, the sum of $250,000.

9-2 2. For the family court, the sum of $80,000.

9-3 Sec. 12. 1. There is hereby appropriated from the state general fund

9-4 to the Administrator of the Courts of the Eighth Judicial District of the

9-5 State of Nevada the sum of $700,000 for the continuation of its program of

9-6 treatment for the abuse of alcohol or drugs by certain persons established

9-7 pursuant to NRS 453.580.

9-8 2. The money appropriated by subsection 1 must be used to

9-9 supplement and not to support or cause to be reduced any other source of

9-10 funding for the program of treatment established in the Eight Judicial

9-11 District pursuant to NRS 453.580.

9-12 Sec. 13. Any remaining balance of an appropriation made by section

9-13 11 or 12 of this act must not be committed for expenditure after June 30,

9-14 2001, and reverts to the state general fund as soon as all payments of

9-15 money committed have been made.

9-16 Sec. 14. 1. This act becomes effective on July 1, 1999.

9-17 2. Sections 1 to 10, inclusive, of this act expire by limitation on
9-18 June 30, 2001.