exempt

                                                   (REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

February 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing date on which offender is eligible to be assigned to participate in therapeutic community. (BDR 16‑23)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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 health

1-3  division and with the approval of the board, establish a program to evaluate

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

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

1-6  participation in a therapeutic community.

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

1-8  subsection 1 if the offender is eligible to be assigned to a therapeutic

1-9  community.

1-10    3.  After an evaluation is conducted pursuant to subsection 1, the

1-11  director or a person designated by the director shall determine whether the

1-12  offender is a substance abuser and whether the offender may benefit from

1-13  participation in a therapeutic community.

1-14    4.  If a determination is made that the offender is a substance abuser

1-15  and that the offender may benefit from participation in a therapeutic

1-16  community, the director or a person designated by the director shall

1-17  determine whether to assign the offender to participate in a therapeutic

1-18  community. In determining whether to assign an offender to participate in a

1-19  therapeutic community, the director or a person designated by the director

1-20  shall:

2-1    (a) Consider the severity of the problem of substance abuse by the

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

2-3    (b) Give preference, to the extent practicable, to those offenders who

2-4  appear to be most capable of successfully participating in and completing

2-5  treatment in a therapeutic community.

2-6    5.  [If an offender is] To be eligible to be assigned to participate in a

2-7  therapeutic community, [the offender must be assigned to participate in the

2-8  therapeutic community for the year immediately preceding] an offender

2-9  must be within 2 years of the date on which [he] the offender is reasonably

2-10  expected to be released, as determined by the director.

2-11    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-12  H