Senate Bill No. 57–Senator Wiener

Prefiled January 29, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning therapeutic communities in prisons. (BDR 16-950)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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).

 

AN ACT relating to prisoners; allowing the director of the department of prisons to assign certain prisoners to a therapeutic community without their consent; revising the provisions governing assignment to and eligibility for participation in a therapeutic community; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 209.4237 is hereby amended to read as follows:

1-2 209.4237 1. The director shall, in conjunction with the bureau and

1-3 with the approval of the board, establish a program to evaluate an offender

1-4 in the custody of the department to determine whether the offender is a

1-5 substance abuser and whether the offender may benefit from participation

1-6 in a therapeutic community.

1-7 2. An evaluation of an offender must be conducted pursuant to

1-8 subsection 1 if [:

1-9 (a) The offender requests the evaluation; and

1-10 (b) The] the offender is eligible to be assigned to a therapeutic

1-11 community.

1-12 3. After an evaluation is conducted pursuant to subsection 1, the

1-13 director or a person designated by the director shall determine whether the

1-14 offender is a substance abuser and whether the offender may benefit from

1-15 participation in a therapeutic community.

1-16 4. If a determination is made that the offender is a substance abuser

1-17 and that the offender may benefit from participation in a therapeutic

1-18 community, the director or a person designated by the director [may offer

2-1 the offender the choice of participating] shall determine whether to assign

2-2 the offender to participate in a therapeutic community. In determining

2-3 whether to [offer] assign an offender [the choice of participating] to

2-4 participate in a therapeutic community, the director or a person designated

2-5 by the director shall:

2-6 (a) Consider the severity of the problem of substance abuse by the

2-7 offender and the availability of space in each therapeutic community; and

2-8 (b) Give preference, to the extent practicable, to those offenders who

2-9 appear to be most capable of successfully participating in and completing

2-10 treatment in a therapeutic community.

2-11 5. If an offender [accepts an offer] is assigned to participate in a

2-12 therapeutic community [:

2-13 (a) The offender must sign an authorization form, prepared by the

2-14 director or a person designated by the director, in which the offender agrees

2-15 to and accepts the conditions of participation in the therapeutic community

2-16 and a program of aftercare; and

2-17 (b) The] , the offender must be assigned to participate in the therapeutic

2-18 community for the year immediately preceding the date on which [his term

2-19 of imprisonment expires or the date on which he is due to be released on

2-20 parole, whichever is likely to occur earlier.] he is reasonably expected to

2-21 be released, as determined by the director.

2-22 Sec. 2. NRS 209.424 is hereby amended to read as follows:

2-23 209.424 An offender may not participate in a therapeutic community if

2-24 the offender:

2-25 1. Was sentenced to death or a term of imprisonment for life without

2-26 the possibility of parole; or

2-27 2. [Has been convicted of more than one felony, unless all of the

2-28 felonies for which the offender has been convicted arose out of the same

2-29 act, transaction or occurrence; or

2-30 3.] Is or was eligible to participate in the program of treatment

2-31 established pursuant to NRS 209.425, whether or not the offender actually

2-32 participated in or completed that program of treatment.

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