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 1.3 to 5, inclusive, of this act.

1-3 Sec. 1.3. As used in sections 1.3 to 5, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 1.5

1-5 and 1.7 of this act have the meanings ascribed to them in those sections.

1-6 Sec. 1.5. "Division" means the division of parole and probation of

1-7 the department of motor vehicles and public safety.

1-8 Sec. 1.7. "Program of treatment" means a program of treatment for

1-9 the abuse of alcohol or drugs that is supervised by a judge.

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

2-2 advisory board has been created pursuant to section 4 of this act in the

2-3 judicial district in which an offender was sentenced to imprisonment, the

2-4 director shall, after consulting with the division, refer the offender to the

2-5 advisory board if the director believes that the offender would participate

2-6 successfully in and benefit from a program of treatment and:

2-7 (a) The offender has:

2-8 (1) Established a position of employment in the community, or a

2-9 judge in the judicial district to which the offender would be assigned

2-10 pursuant to section 10 of this act will assist the offender to establish a

2-11 position of employment in the community; and

2-12 (2) Demonstrated an ability to pay for all or part of the costs of his

2-13 participation in a program of treatment, including, without limitation,

2-14 costs for room and board, and to meet any existing obligation for

2-15 restitution to any victim of his crime, or a judge in the judicial district to

2-16 which the offender would be assigned will assist the offender to ensure

2-17 that the offender has the ability to pay for such costs and to meet such

2-18 obligations; and

2-19 (b) The offender:

2-20 (1) Is within 2 years of his probable release from prison as

2-21 determined by the director; or

2-22 (2) Is imprisoned as a result of having had his parole or probation

2-23 revoked on or after July 1, 1998, for a reason other than for committing

2-24 a crime while on parole or probation.

2-25 2. Except as otherwise provided in this section, if the director is

2-26 notified by an advisory board pursuant to section 4 of this act that an

2-27 offender should be assigned to the custody of the division to be assigned

2-28 to participate in a program of treatment, the director shall assign the

2-29 offender to the custody of the division to be assigned to participate in a

2-30 program of treatment for a minimum of 1 year, but not longer than the

2-31 remainder of his sentence.

2-32 3. The director shall adopt, by regulation, standards providing which

2-33 offenders are eligible to be assigned to the custody of the division

2-34 pursuant to this section. The standards must be approved by the board

2-35 and reviewed by the interim finance committee. The standards adopted

2-36 by the director must provide that an offender who:

2-37 (a) Has recently committed a serious infraction of the rules of an

2-38 institution or facility of the department;

2-39 (b) Has not performed the duties assigned to him in a faithful and

2-40 orderly manner;

2-41 (c) Has ever been convicted of:

3-1 (1) Any crime involving the use or threatened use of force or

3-2 violence against the victim that is punishable as a gross misdemeanor or

3-3 felony; or

3-4 (2) A sexual offense;

3-5 (d) Has been convicted of more than one felony in this state or any

3-6 offense in another state that would be a felony if committed in this state,

3-7 unless each felony or offense which the offender has been convicted of

3-8 arose out of the same act, transaction or occurrence;

3-9 (e) Has escaped or attempted to escape from any jail or correctional

3-10 institution for adults; or

3-11 (f) Has not made an effort in good faith to participate in or to

3-12 complete any educational or vocational program or any program of

3-13 treatment, as ordered by the director,

3-14 is not eligible for assignment to the custody of the division pursuant to

3-15 this section to be assigned to participate in a program of treatment.

3-16 4. The director shall adopt regulations requiring offenders who are

3-17 assigned to the custody of the division pursuant to this section to

3-18 reimburse a court, the division and the department for any costs incurred

3-19 pursuant to sections 1.3 to 5, inclusive, and 10 of this act. The

3-20 regulations must be approved by the board and reviewed by the interim

3-21 finance committee.

3-22 5. A court to which an offender has been assigned pursuant to

3-23 section 10 of this act may return the offender to the custody of the

3-24 department at any time.

3-25 6. If an offender assigned to the custody of the division pursuant to

3-26 this section violates any of the terms or conditions imposed by a court to

3-27 which the offender has been assigned pursuant to section 10 of this act

3-28 and is returned to the custody of the department, the offender forfeits all

3-29 or part of the credits for good behavior earned by him before he was

3-30 returned to the custody of the department, as determined by the director.

3-31 The director may provide for a forfeiture of credits pursuant to this

3-32 subsection only after proof of the violation and notice to the offender,

3-33 and may restore credits forfeited for such reasons as he considers proper.

3-34 The decision of the director regarding such a forfeiture is final.

3-35 7. The assignment of an offender to the custody of the division

3-36 pursuant to this section shall be deemed:

3-37 (a) A continuation of his imprisonment and not a release on parole;

3-38 and

3-39 (b) For the purposes of NRS 209.341, an assignment to a facility of

3-40 the department,

3-41 except that the offender is not entitled to obtain any benefits or to

3-42 participate in any programs provided to offenders in the custody of the

3-43 department.

4-1 8. An offender does not have a right to be assigned to the custody of

4-2 the division pursuant to this section, or to remain in that custody after

4-3 such an assignment, and it is not intended that the provisions of sections

4-4 1.3 to 5, inclusive, or section 10 of this act create any right or interest in

4-5 liberty or property or establish a basis for any cause of action against the

4-6 State of Nevada, its political subdivisions, agencies, boards, commissions,

4-7 departments, officers or employees.

4-8 9. The director shall not assign more than 150 offenders to the

4-9 custody of the division pursuant to this section to be assigned to

4-10 participate in a program of treatment during each biennium.

4-11 Sec. 3. 1. A court that operates a program of treatment to which

4-12 an offender is assigned pursuant to section 10 of this act shall submit a

4-13 claim to the department for the cost of the offender to participate in the

4-14 program of treatment at the rate of $1,500 for the first month that the

4-15 offender participates in the program and $250 for each month thereafter

4-16 that the offender participates in the program, pro rata for any month that

4-17 the offender participates for less than a month, up to the date on which

4-18 the offender would probably be released from prison, as determined by

4-19 the director pursuant to section 2 of this act.

4-20 2. For each offender assigned to the custody of the division pursuant

4-21 to section 2 of this act, the division shall submit a claim to the

4-22 department for the cost of supervising the participation of the offender in

4-23 the program at the rate of $100 for each month that the offender

4-24 participates in the program, pro rata for any month that the offender

4-25 participates for less than a month, up to the date on which the offender

4-26 would probably be released from prison, as determined by the director

4-27 pursuant to section 2 of this act.

4-28 3. Except as otherwise provided in subsection 4, claims submitted

4-29 pursuant to subsections 1 and 2 must be paid in the same manner as

4-30 other claims against the state are paid, from money appropriated to the

4-31 department.

4-32 4. Funding for the payments made by the department pursuant to

4-33 this section must be accrued from the savings incurred by the department

4-34 as the result of assigning offenders to the custody of the division

4-35 pursuant to section 2 of this act. Such savings must be documented, and

4-36 the documentation must be reviewed and approved by the director of the

4-37 department of administration. Upon the recommendation of the governor

4-38 and after being approved by the interim finance committee, the amount

4-39 of the savings must be transferred from the purpose for which it was

4-40 designated to the budget of the director for payment pursuant to this

4-41 section.

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

5-2 shall establish an advisory board to determine whether offenders who are

5-3 referred by the director pursuant to section 2 of this act should be

5-4 assigned to the custody of the division to be assigned to participate in a

5-5 program of treatment.

5-6 2. The advisory board established pursuant to subsection 1 shall

5-7 evaluate each offender referred by the director pursuant to section 2 of

5-8 this act to determine whether the offender should be assigned to the

5-9 custody of the division to be assigned to participate in a program of

5-10 treatment.

5-11 3. If a majority of the members of the advisory board determine that

5-12 an offender should be assigned to the custody of the division to be

5-13 assigned to participate in a program of treatment and the judge of the

5-14 court to which the offender would be assigned agrees with the

5-15 determination, the advisory board shall promptly notify the director of its

5-16 determination.

5-17 Sec. 5. 1. An advisory board established pursuant to section 4 of

5-18 this act must consist of at least:

5-19 (a) One judge of the court that established the advisory board who has

5-20 experience related to a program of treatment;

5-21 (b) A representative of the office of the district attorney of the county

5-22 in which the court that established the advisory board is located;

5-23 (c) An attorney regularly assigned to represent offenders who are

5-24 participating in a program of treatment, or a representative of the office

5-25 of the public defender of the county in which the court that established

5-26 the advisory board is located, if such an office has been created in the

5-27 county;

5-28 (d) A representative from a local law enforcement agency; and

5-29 (e) A person who has professional experience in the treatment of

5-30 abuse of alcohol or drugs.

5-31 2. A majority of the members of the advisory board constitute a

5-32 quorum. Except as otherwise provided in this subsection, a quorum may

5-33 exercise all the power and authority conferred on the advisory board. An

5-34 offender may not be assigned to the custody of a court without the

5-35 approval of the judge of the court.

5-36 3. The members of the advisory board serve without compensation

5-37 and may not receive a per diem allowance or travel expenses.

5-38 4. A member of the advisory board who is an officer or employee of

5-39 this state or a political subdivision of this state must be relieved from his

5-40 duties without loss of his regular compensation so that he may prepare

5-41 for and attend meetings of the advisory board and perform any work

5-42 necessary to carry out the duties of the advisory board in the most timely

5-43 manner practicable. A state agency or political subdivision of this state

6-1 shall not require an officer or employee who is a member of the advisory

6-2 board to make up the time he is absent from work to carry out his duties

6-3 as a member of the advisory board or use annual vacation or

6-4 compensatory time for the absence.

6-5 5. Notwithstanding any other provision of law, a member of the

6-6 advisory board:

6-7 (a) Is not disqualified from public employment or holding a public

6-8 office because of his membership on the advisory board; and

6-9 (b) Does not forfeit his public office or public employment because of

6-10 his membership on the advisory board.

6-11 Sec. 6. NRS 209.432 is hereby amended to read as follows:

6-12 209.432 As used in NRS 209.433 to 209.451, inclusive, unless the

6-27 213.152 to 213.1528, inclusive.

6-28 Sec. 7. NRS 209.446 is hereby amended to read as follows:

6-29 209.446 1. Every offender who is sentenced to prison for a crime

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

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

7-2 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 an associate degree, 90 days.

7-6 3. The director may allow not more than 10 days of credit each month

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

7-8 center for the purpose of making restitution, conservation camp, program of

7-9 work release or another program conducted outside of the prison. An

7-10 offender who earns credit pursuant to this subsection is entitled to the entire

7-11 20 days of credit each month which is authorized in subsections 1 and 2.

7-12 4. The director may allow not more than 90 days of credit each year for

7-13 an offender who engages in exceptional meritorious service.

7-14 5. The board shall adopt regulations governing the award, forfeiture

7-15 and restoration of credits pursuant to this section.

7-16 6. Credits earned pursuant to this section:

7-17 (a) Must be deducted from the maximum term imposed by the sentence;

7-18 and

7-19 (b) Apply to eligibility for parole unless the offender was sentenced

7-20 pursuant to a statute which specifies a minimum sentence which must be

7-21 served before a person becomes eligible for parole.

7-22 Sec. 8. NRS 209.4465 is hereby amended to read as follows:

7-23 209.4465 1. An offender who is sentenced to prison for a crime

7-43 (c) For earning his first associate degree, 90 days.

8-1 3. The director may, in his discretion, authorize an offender to receive

8-2 a maximum of 90 days of credit for each additional degree of higher

8-3 education earned by the offender.

8-4 4. The director may allow not more than 10 days of credit each month

8-5 for an offender who participates in a diligent and responsible manner in a

8-6 center for the purpose of making restitution, conservation camp, program of

8-7 work release or another program conducted outside of the prison. An

8-8 offender who earns credit pursuant to this subsection is eligible to earn the

8-9 entire 20 days of credit each month that is allowed pursuant to subsections

8-10 1 and 2.

8-11 5. The director may allow not more than 90 days of credit each year for

8-12 an offender who engages in exceptional meritorious service.

8-13 6. The board shall adopt regulations governing the award, forfeiture

8-14 and restoration of credits pursuant to this section.

8-15 7. Credits earned pursuant to this section:

8-16 (a) Must be deducted from the maximum term imposed by the sentence;

8-17 and

8-18 (b) Apply to eligibility for parole unless the offender was sentenced

8-19 pursuant to a statute which specifies a minimum sentence that must be

8-20 served before a person becomes eligible for parole.

8-21 Sec. 9. NRS 212.187 is hereby amended to read as follows:

8-22 212.187 1. A prisoner who is in lawful custody or confinement, other

8-40 performed to carry out the necessary duties of such a person or employee.

9-1 Sec. 10. Chapter 213 of NRS is hereby amended by adding thereto a

9-2 new section to read as follows:

9-3 The division of parole and probation of the department of motor

9-4 vehicles and public safety shall:

9-5 1. Supervise each offender who is assigned to the custody of the

9-6 division pursuant to section 2 of this act; and

9-7 2. Assign each offender who is assigned to the custody of the division

9-8 pursuant to section 2 of this act to participate in a program of treatment

9-9 for the abuse of alcohol or drugs.

9-10 Sec. 11. There is hereby appropriated from the state general fund to

9-11 the Administrator of the Courts of the Second Judicial District of the State

9-12 of Nevada the sum of $330,000 for the continuation of its programs of

9-13 treatment for the abuse of alcohol or drugs by certain persons that are

9-14 supervised by a judge in the Second Judicial District. The appropriation

9-15 must be disbursed as follows:

9-16 1. For the district court, the sum of $250,000.

9-17 2. For the family court, the sum of $80,000.

9-18 Sec. 12. 1. There is hereby appropriated from the state general fund

9-19 to the Administrator of the Courts of the Eighth Judicial District of the

9-20 State of Nevada the sum of $700,000 for the continuation of its programs

9-21 of treatment for the abuse of alcohol or drugs by certain persons that are

9-22 supervised by a judge in the Eighth Judicial District.

9-23 2. The money appropriated by subsection 1 must be used to

9-24 supplement and not to support or cause to be reduced any other source of

9-25 funding for the program of treatment established in the Eight Judicial

9-26 District.

9-27 Sec. 13. Any remaining balance of an appropriation made by section

9-28 11 or 12 of this act must not be committed for expenditure after June 30,

9-29 2001, and reverts to the state general fund as soon as all payments of

9-30 money committed have been made.

9-31 Sec. 14. 1. This act becomes effective on July 1, 1999.

9-32 2. Sections 1 to 10, inclusive, of this act expire by limitation on
9-33 June 30, 2001.