Senate Bill No. 197–Senators Wiener, Rawson, Titus, Mathews, Care, Amodei, Coffin, McGinness, Neal, O’Connell, Porter, Schneider, Shaffer and Washington

 

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AN ACT relating to therapeutic communities; revising the provisions governing the date on which an offender is eligible to be assigned to participate 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:

 

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

   209.4237  1.  The director shall, in conjunction with the health

 division and with the approval of the board, establish a program to

 evaluate an offender in the custody of the department to determine

 whether the offender is a substance abuser and whether the offender may

 benefit from participation in a therapeutic community.

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

 subsection 1 if the offender is eligible to be assigned to a therapeutic

 community.

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

 director or a person designated by the director shall determine whether the

 offender is a substance abuser and whether the offender may benefit from

 participation in a therapeutic community.

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

 and that the offender may benefit from participation in a therapeutic

 community, the director or a person designated by the director shall

 determine whether to assign the offender to participate in a therapeutic

 community. In determining whether to assign an offender to participate in

 a therapeutic community, the director or a person designated by the

 director shall:

   (a) Consider the severity of the problem of substance abuse by the

 offender and the availability of space in each therapeutic community; and

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

 appear to be most capable of successfully participating in and completing

 treatment in a therapeutic community.

   5.  [If an offender is] To be eligible to be assigned to participate in a

 therapeutic community, [the offender must be assigned to participate in the

 therapeutic community for the year immediately preceding] an offender

 must be within 2 years of the date on which [he] the offender is

 reasonably expected to be released, as determined by the director.

   Sec. 2.  This act becomes effective on July 1, 2001.

 

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