reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.3817 - Care of women in custody: Completion of form at intake; access to certain services; provision of feminine hygiene products; regulations.

1. The Department shall ensure that each woman who is assigned to an institution or facility completes a form at the time of intake to assess the needs of the woman while in the custody of the Department. The form must include, without limitation, questions relating to:
(a) How recently the woman has received preventative gynecological care and, if applicable, obstetrical care; and
(b) The needs of the woman for feminine hygiene products for the purpose of providing the woman with a suitable supply of feminine hygiene products.
2. The Department shall provide a woman who is in the custody of the Department access to necessary medical and behavioral health care services, including:
(a) Counseling pertaining to mental health or a substance use disorder;
(b) Medication prescribed for the treatment for mental health issues;
(c) An annual pelvic examination and mammography; and
(d) Any appropriate follow-up care necessary for a woman who receives an examination pursuant to paragraph (c).
3. The Department shall provide a woman who is in the custody of the Department with a sufficient supply of feminine hygiene products at no cost. The Department shall provide the woman with a preferred type of feminine hygiene products upon request. A woman may at any time inform the Department of a need to adjust the supply of feminine hygiene products necessary to constitute a sufficient supply for the needs of the woman.
4. The Department shall adopt regulations necessary to carry out the provisions of this section.
5. As used in this section:
(a) "Feminine hygiene product" means a sanitary napkin, tampon or other similar item used during a menstrual cycle.
(b) "Mammography" has the meaning ascribed to it in NRS 457.182.
(Added to NRS by 2023, 2920)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.382 - Chief Medical Officer to examine and report on medical and dental services, diet of offenders, sanitation and safety in institutions and facilities.

1. The Chief Medical Officer shall periodically examine and shall report to the Board semiannually upon the following operations of the Department:
(a) The medical and dental services and places where they are provided, based upon the standards for medical facilities as provided in chapter 449 of NRS.
(b) The nutritional adequacy of the diet of incarcerated offenders taking into account the religious or medical dietary needs of an offender and the adjustment of dietary allowances for age, sex and level of activity.
(c) The sanitation, healthfulness, cleanliness and safety of its various institutions and facilities.
2. The Board shall take appropriate action to remedy any deficiencies reported pursuant to subsection 1.
(Added to NRS by 1979, 632; A 1985, 252; 2001 Special Session, 194)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.3825 - Order by court affecting conditions of confinement of prisoner; Director entitled to notice and opportunity to be heard; exception.

1. Except as otherwise provided in subsection 2, a court issuing an order at the request of a prisoner in a state prison that affects the conditions of confinement of the prisoner shall provide the Director with:
(a) Sufficient prior notice of the intention of the court to enter the order; and
(b) An opportunity to be heard on the issue.
2. The court is not required to provide the Director with prior notice pursuant to subsection 1 if the prisoner has commenced an action with the court challenging the conditions of his or her confinement and has served a copy of the action on the Director and the Attorney General.
3. As used in this section, "conditions of confinement" include, without limitation, the access of a prisoner to the resources of a law library, the privileges of a prisoner to receive visitors and to use a telephone, the type of meals provided to the prisoner, the place of confinement of a prisoner and the provision of medical care to a prisoner in a situation that is not an emergency.
(Added to NRS by 1997, 3174)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.387 - Legislative findings and declarations regarding programs for education of offenders.

The Legislature finds and declares that the program for general education of offenders and the program of education of offenders in English as a second language are acts of grace of the State. No offender has a right to participate in such a program, and it is not intended that the establishment of such programs create any such right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
(Added to NRS by 1993, 2516)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.389 - Board to establish programs for general education, vocational education and training and other rehabilitation.

1. The Board shall establish by regulation programs of general education, vocational education and training and other rehabilitation for offenders.
2. The regulations must take appropriate account of the following matters:
(a) The educational level and needs of offenders;
(b) Opportunities for employment when the offender is released from custody;
(c) Interests of offenders; and
(d) The number of offenders desiring participation in such programs.
3. The regulations must provide for an assessment of these programs at least every 3 years by qualified persons, professional groups or trade associations.
4. No offender has a right to be admitted to a program of education, vocational education and training or other rehabilitation programs established pursuant to this section, and it is not intended that the establishment of such programs or the failure to establish such programs creates any right or interest in liberty or property or establishes a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments officers or employees.
(Added to NRS by 1979, 308; A 1979, 1379; 1989, 1884)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.391 - Director to administer programs of education, training and rehabilitation, to establish programs for counseling, research, statistics and planning and to purchase textbooks.

The Director shall:
1. Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to offenders under the jurisdiction of the Department in accordance with classification requirements.
2. Administer programs of general education, vocational training and other rehabilitation for offenders established by the Board.
3. Within the limits of legislative appropriations, purchase textbooks for use by offenders who are enrolled in courses of general education and vocational training offered by any branch or facility of the Nevada System of Higher Education. Any textbooks purchased pursuant to this section must remain the property of the State and must be reissued to offenders as appropriate.
4. Within the limits of legislative appropriations, establish programs of research, statistics and planning to:
(a) Determine and review periodically the effectiveness of the Department’s programs of education, vocational training and other rehabilitation for offenders;
(b) Provide annually, and at other times when so requested, to the Board, the Governor and the Legislature information pertaining to:
(1) The number of offenders who are participating in and who complete those programs;
(2) The effectiveness of those programs in accomplishing their purposes; and
(3) The number of offenders who are returned to prison after their release; and
(c) Effect appropriate changes in the programs established by the Board.
(Added to NRS by 1977, 850; A 1979, 309, 1379; 1987, 1174; 1993, 365)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.393 - Regulations regarding literacy of offenders.

The Board may adopt regulations which:
1. Designate a level of literacy in reading and writing which is consistent with that required by the State Board of Education for its pupils in the eighth grade.
2. Provide for the testing of each offender when he or she first becomes incarcerated, and as often as needed thereafter, to determine his or her ability to read and write.
3. Establish guidelines for evaluating the progress of an illiterate offender in an educational program.
4. Establish a course to teach English as a second language, if necessary.
5. Are necessary to carry out the provisions of this section and NRS 209.396.
(Added to NRS by 1993, 2517)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.396 - Limitations on assignment of offender to industrial or vocational school; educational requirements for offender with developmental, learning or other disability.

1. Except as otherwise provided in this section, an offender who is illiterate may not be assigned to an industrial or a vocational program unless:
(a) The offender is regularly attending and making satisfactory progress in a program for general education; or
(b) The Director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.
2. An offender whose:
(a) Native language is not English;
(b) Ability to read and write in his or her native language is at or above the level of literacy designated by the Board in its regulations; and
(c) Ability to read and write the English language is below the level of literacy designated by the Board in its regulations,
may not be assigned to an industrial or a vocational program unless the offender is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.
3. Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his or her ability to learn, the Director may:
(a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his or her particular needs; or
(b) Exempt the offender from the required participation in an educational program prescribed by this section.
4. The provisions of this section do not apply to an offender who presents satisfactory evidence that the offender has a:
(a) High school diploma; or
(b) General educational development certificate or an equivalent document.
5. As used in this section, "illiterate" means having an ability to read and write that is below the level of literacy designated by the Board in its regulations.
(Added to NRS by 1993, 2517; A 2003, 1365; 2013, 3287)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.401 - Director may establish facilities for offenders to live in community.

The Director may, with the approval of the Board, establish facilities which enable offenders to live in a community while obtaining regular employment, enrolling in academic courses, participating in vocational training programs, utilizing community resources in meeting their personal and family needs, and participating in whatever other approved programs may exist within the community.
(Added to NRS by 1977, 850)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.419 - Interception of offender’s communications by telecommunications devices: Notice; exceptions.

1. Communications made by an offender on any telephone or other telecommunications device in an institution or facility to any person outside the institution or facility may be intercepted if:
(a) The interception is made by an authorized employee of the Department; and
(b) Signs are posted near all telephones and other telecommunications devices in the institution or facility indicating that communications may be intercepted.
2. The Director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.
3. The Director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.
4. Except as otherwise provided in NRS 239.0115, a communication made by an offender is confidential if it is made to:
(a) A federal or state officer.
(b) A local governmental officer who is at some time responsible for the custody of the offender.
(c) An officer of any court.
(d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.
(e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.
(f) The Director.
(g) Any other employee of the Department whom the Director may, by regulation, designate.
5. Reliance in good faith on a request or order from the Director or the Director’s authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.
6. As used in this section, "telecommunications device" has the meaning ascribed to it in NRS 209.417.
(Added to NRS by 1983, 682; A 1985, 253; 2007, 2078; 2011, 2667)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.422 - Visitation of offenders: Regulations.

The Director shall adopt, with the approval of the Board, regulations establishing and governing a program, to be carried out within each facility and institution, for the visitation of offenders. The regulations must prescribe:
1. Requirements relating to the visitation of offenders, which must:
(a) Include, without limitation, procedures for the approval of visitors which must not impose requirements on the approval of a prospective visitor who has been convicted of a felony in this State or any other state that are not imposed on the approval of a prospective visitor who has not been convicted of a felony in this State or any other state, unless the warden or manager determines that extenuating circumstances exist;
(b) Allow offenders to receive visitors in person, regardless of whether visitation by means of electronic communication is made available; and
(c) Allow visitation by means of electronic communication, provided that such visitation is in addition to and not in lieu of in-person visitation.
2. Requirements relating to the cancellation of visitation, which must, without limitation, prescribe:
(a) The frequency with which an institution or facility may cancel visitation for all offenders in the institution or facility; and
(b) Requirements relating to the notice which must be provided to a visitor concerning a cancelled visit.
3. A procedure for a prospective visitor or visitor to appeal a decision of a warden or manager to deny or suspend the visiting privileges of the prospective visitor or visitor.
(Added to NRS by 2023, 670, 2850)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.423 - Visits and correspondence between offenders and others: Rights of offenders; warden or manager required to provide certain notice relating to denial of prospective visitor or cancellation of visit; regulations.

1. The Director shall, with approval of the Board, adopt regulations relating to visits and correspondence between offenders and others in accordance with the regulations adopted pursuant to NRS 209.422.
2. Wardens and managers may authorize visits and correspondence between offenders and appropriate friends, relatives and others in accordance with the regulations adopted pursuant to subsection 1 and NRS 209.422.
3. If the warden or manager denies a prospective visitor, the warden or manager must provide written notice of the denial to the prospective visitor, which must include, without limitation:
(a) An explanation of the reason for the denial; and
(b) If applicable, any extenuating circumstances that necessitated the denial.
4. An offender shall have the right to receive visitors in person in accordance with the regulations adopted pursuant to NRS 209.422.
5. A warden or manager must provide notice of any cancelled visit in accordance with the regulations adopted pursuant to NRS 209.422.
(Added to NRS by 1977, 850; A 1983, 723; 2023, 670, 2851)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.42303 - Institution or facility required to provide offender with access to certain mail; procedure for exemption from requirement.

1. Except as otherwise provided in subsection 2, an institution or facility shall provide an offender with the original, physical copy of any mail addressed to the offender that the offender is entitled and allowed to receive.
2. The Director may, with the approval of the Board, adopt regulations exempting the Department from the requirements prescribed by subsection 1 if the Department conducts a study and determines, using evidence-based methods, that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.
3. Any regulation adopted pursuant to subsection 2 which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities.
4. As soon as reasonably practicable after adopting a regulation pursuant to subsection 2, the Director shall submit the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary.
5. As used in this section, "original, physical copy" means a letter, card or other document received by the institution or facility from the United States Postal Service or other delivery service. The term does not include mail that is scanned, photocopied or otherwise duplicated by the institution or facility or any entity contracted by the institution or facility to provide such a service.
(Added to NRS by 2023, 1092)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.42305 - Prisoner contact with child of prisoner; use of equipment for videoconference.

1. Except as otherwise provided by law, by order of the court or by regulations of the Department, the Director shall allow a prisoner to maintain contact with a child of the prisoner who has been placed with someone other than a parent of the child if the child is willing to maintain such contact. Any such contact must be in accordance with regulations adopted by the Department.
2. The Director must allow a prisoner to videoconference with his or her child if such equipment is available.
(Added to NRS by 2011, 2666)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4231 - Definitions.

As used in NRS 209.4231 to 209.4244, inclusive, unless the context otherwise requires, the words and terms defined in NRS 209.42315 to 209.4234, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 2652; A 2021, 208)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4233 - "Program of aftercare" defined.

"Program of aftercare" means a program that is established pursuant to NRS 209.4238 to provide continuing treatment to those offenders who successfully complete treatment in a program of treatment for offenders with substance use or co-occurring disorders.
(Added to NRS by 1997, 2652; A 2021, 208)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.42335 - "Program of treatment for offenders with substance use or co-occurring disorders" defined.

"Program of treatment for offenders with substance use or co-occurring disorders" means a program:
1. Established pursuant to NRS 209.4236 to provide treatment to certain offenders with substance use or co-occurring disorders; and
2. Which is evidence-based or based on best practices supported by research.
(Added to NRS by 2021, 207)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4236 - Director to establish programs of treatment for offenders with substance use or co-occurring disorders.

1. The Director shall, in conjunction with the Division and with the approval of the Board, establish one or more programs of treatment for offenders with substance use or co-occurring disorders to provide treatment to certain offenders with substance use or co-occurring disorders. A program of treatment for offenders with substance use or co-occurring disorders must include, but is not limited to, the requirements set forth in this section.
2. A program of treatment for offenders with substance use or co-occurring disorders established pursuant to subsection 1 must provide an offender with:
(a) Intensive treatment for a substance use or co-occurring disorder;
(b) A clearly defined set of goals;
(c) A clearly defined structure of authority; and
(d) A highly structured schedule that includes, but is not limited to, the treatment listed in paragraph (a) and, if practicable, programs of employment, general education or vocational training.
3. Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive, offenders who are assigned to a program of treatment for offenders with substance use or co-occurring disorders, to the extent practicable as determined by the Director or a person designated by the Director:
(a) May be housed in areas of a facility or institution that are segregated from other areas of the facility or institution in which offenders who are not assigned to the program of treatment for offenders with substance use or co-occurring disorders are housed;
(b) May be taken outside an institution or facility, under appropriate precautions to prevent escape, to participate in a program of treatment for offenders with substance use or co-occurring disorders; and
(c) Must participate in the program of treatment for offenders with substance use or co-occurring disorders for a period of not less than 5 months and a program of aftercare for a period of not less than 3 months, as deemed appropriate for the level of care being offered.
(Added to NRS by 1997, 2652; A 2001, 433; 2021, 209)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4237 - Program to evaluate offenders for participation in program of treatment for offenders with substance use or co-occurring disorders; assignment to participate in program of treatment.

1. The Director shall, in conjunction with the 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 has a substance use disorder and whether the offender may benefit from participation in a program of treatment for offenders with substance use or co-occurring disorders.
2. An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a program of treatment for offenders with substance use or co-occurring disorders.
3. After an evaluation is conducted pursuant to subsection 1, the Director or a person designated by the Director shall determine whether the offender has a substance use disorder and whether the offender may benefit from participation in a program of treatment for offenders with substance use or co-occurring disorders.
4. If a determination is made that the offender has a substance use disorder and that the offender may benefit from participation in a program of treatment for offenders with substance use or co-occurring disorders, the Director or a person designated by the Director shall determine whether to assign the offender to participate in a program of treatment for offenders with substance use or co-occurring disorders. In determining whether to assign an offender to participate in a program of treatment for offenders with substance use or co-occurring disorders, the Director or a person designated by the Director shall:
(a) Consider the severity of the problem of the substance use or co-occurring disorder of the offender and the availability of space in each program of treatment for offenders with substance use or co-occurring disorders; 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 program of treatment for offenders with substance use or co-occurring disorders.
5. To be eligible to be assigned to participate in a program of treatment for offenders with substance use or co-occurring disorders, an offender must be within 2 years of the date on which the offender is reasonably expected to be released, as determined by the Director.
(Added to NRS by 1997, 2653; A 1999, 1162; 2001, 434, 1265; 2021, 209)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4238 - Programs of aftercare.

1. The Director shall, in conjunction with the Division and with the approval of the Board, establish one or more programs of aftercare to provide continuing treatment to those offenders who successfully complete treatment in a program of treatment for offenders with substance use or co-occurring disorders.
2. Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive:
(a) An offender who successfully completes treatment in a program of treatment for offenders with substance use or co-occurring disorders must be assigned, to the extent practicable as determined by the Director or a person designated by the Director, to a program of aftercare upon completion of treatment in the program of treatment for offenders with substance use or co-occurring disorders.
(b) An offender shall participate, to the extent practicable as determined by the Director or a person designated by the Director, in a program of aftercare for a period of not less than 3 months, as deemed appropriate for the level of care being offered.
(c) If an offender is assigned to a program of aftercare and, before or during participation in such a program, the offender is released on parole:
(1) The offender shall continue to participate in a program of aftercare, to the extent practicable as determined by the Director or a person designated by the Director and by the State Board of Parole Commissioners; and
(2) That participation, if any, must be made a condition of parole pursuant to NRS 213.1235.
(d) If an offender is assigned to a program of aftercare and, before or during participation in such a program, the offender is assigned to serve a term of residential confinement pursuant to NRS 209.392, the offender shall continue to participate in a program of aftercare to the extent practicable as determined by the Director or a person designated by the Director.
(Added to NRS by 1997, 2653; A 2001, 434; 2021, 210)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4239 - Removal from program of treatment for offenders with substance use or co-occurring disorders or program of aftercare; Director may establish conditions, sanctions and incentives regarding participation; immunity.

1. The Director or a person designated by the Director may remove an offender from a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, temporarily or permanently, for any lawful reason or purpose.
2. The Director may impose conditions on the participation of an offender in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare and may establish sanctions and incentives relating to participation in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare.
3. The provisions of NRS 209.4231 to 209.4244, inclusive, do not create a right on behalf of an offender to participate in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare and do not establish a basis for any cause of action against the State or its officers or employees for denial of the ability to participate in or for removal from a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare.
(Added to NRS by 1997, 2654; A 2021, 211)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.424 - Offenders excluded from participation.

An offender may not participate in a program of treatment for offenders with substance use or co-occurring disorders if the offender:
1. Was sentenced to death or a term of imprisonment for life without the possibility of parole; or
2. Is or was eligible to participate in the program of treatment established pursuant to NRS 209.425, whether or not the offender actually participated in or completed that program of treatment.
(Added to NRS by 1997, 2654; A 1999, 1163; 2021, 211)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4242 - Director may contract with qualified persons.

To carry out the provisions of NRS 209.4231 to 209.4244, inclusive, the Director may contract with persons or private entities that are qualified to evaluate offenders with substance use or co-occurring disorders or qualified to administer programs of treatment for offenders with substance use or co-occurring disorders or programs of aftercare.
(Added to NRS by 1997, 2654; A 2021, 211)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4244 - Report by Director to Legislature.

The Director shall provide the following information to the Interim Finance Committee on or before January 31 of each even-numbered year and to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means at the beginning of each regular session of the Legislature:
1. The number of offenders who are currently participating in programs of treatment for offenders with substance use or co-occurring disorders and programs of aftercare;
2. The number of offenders who have participated in programs of treatment for offenders with substance use or co-occurring disorders and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses; and
3. The number of offenders who have successfully completed treatment in programs of treatment for offenders with substance use or co-occurring disorders and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses.
The Central Repository for Nevada Records of Criminal History shall assist the Director in obtaining all data that is necessary to prepare the information required by subsections 2 and 3.
(Added to NRS by 1997, 2654; A 2021, 211)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4247 - Establishment of program; eligibility to participate in program; participants not subject to discipline on certain bases.

1. To the extent that money is available, the Director shall, with the approval of the Board, establish a program of treatment for offenders with a substance use disorder using medication-assisted treatment.
2. The program established pursuant to subsection 1 must:
(a) Provide each eligible offender who participates in the program with appropriate medication-assisted treatment for the period in which the offender is incarcerated; and
(b) Require that all decisions regarding the type, dosage or duration of any medication administered to an eligible offender as part of his or her medication-assisted treatment be made by a treating physician and the eligible offender.
3. Except as otherwise provided in this section, any offender who the Director has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions imposed by the Director pursuant to subsection 4 is eligible to participate in the program established pursuant to subsection 1 and must be offered the opportunity to participate. If an offender received medication-assisted treatment immediately preceding his or her incarceration, the offender is eligible to continue that medication-assisted treatment as a participant in the program. Participation in the program must be voluntary.
4. Except as otherwise provided in this subsection, the Director may impose reasonable conditions for an offender to be eligible to participate in the program established pursuant to subsection 1 and to continue his or her participation in the program. The Director shall not deny an offender the ability to participate in the program or terminate the participation of an offender in the program on the basis that:
(a) The results of a screening test administered to the offender upon the commencement of his or her incarceration or upon the commencement of his or her participation in the program indicated the presence of a controlled substance; or
(b) The offender committed an infraction of the rules of the institution or facility before or during the participation of the offender in the program.
5. An offender who participates in the program established pursuant to subsection 1 is not subject to discipline on the basis that the results of a screening test administered to the offender during his or her participation in the program indicated the presence of a controlled substance.
6. As used in this section:
(a) "Medication-assisted treatment" means treatment for a substance use disorder using medication approved by the United States Food and Drug Administration for that purpose.
(b) "Substance use disorder" means a cluster of cognitive, behavioral and psychological symptoms indicating that a person continues using a substance despite significant substance-related problems.
(Added to NRS by 2023, 2901)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.425 - Establishment of program; program to include rehabilitation, education and counseling; assignment of wages.

1. The Director shall, with the approval of the Board, establish a program for the treatment of a person with an alcohol or substance use disorder who is imprisoned for a violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410 or a violation of NRS 484C.130, 484C.430, 488.420, 488.425 or 488.427. The program must include an initial period of intensive mental and physical rehabilitation in a facility of the Department, followed by regular sessions of education, counseling and any other necessary or desirable treatment.
2. The Director may, upon the request of the offender after the initial period of rehabilitation, allow the offender to earn wages under any other program established by the Department if the offender assigns to the Department any wages the offender earns under such a program. The Director may deduct from the wages of the offender an amount determined by the Director, with the approval of the Board, to:
(a) Offset the costs, as reflected in the budget of the Department, to maintain the offender in a facility or institution of the Department and in the program of treatment established pursuant to this section; and
(b) Meet any existing obligation of the offender for the support of his or her family or restitution to any victim of his or her crime.
(Added to NRS by 1991, 778; A 2005, 167, 616; 2007, 2811; 2013, 190)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.427 - Assignment of offender to program; withdrawal of offender from program.

1. If the results of an evaluation conducted pursuant to NRS 484C.300 or 488.430 indicate that an offender has an alcohol or other substance use disorder and that the offender can be treated successfully for his or her condition, the Director shall, except as otherwise provided in this section and unless a court has already assigned the offender to a program of treatment pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 484C.400, assign the offender to the program of treatment established pursuant to NRS 209.425. Such an assignment must be, to the extent that the period reasonably can be predicted, for the year, or as much thereof as practicable, immediately preceding the date the offender is due to be released from prison, either on parole or at the expiration of the offender’s term.
2. Before assigning an offender to a program of treatment, the Director, in cooperation with the Division of Parole and Probation of the Department of Public Safety, shall determine, to the extent possible:
(a) The length of time remaining on the offender’s sentence, taking into consideration any credits earned by the offender; and
(b) The likelihood that the offender will complete the entire program of treatment.
3. The Director shall when assigning offenders to the program, to the extent possible, give preference to those offenders who appear to the Director capable of successfully completing the entire program.
4. The Director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.
5. The Director may withdraw the offender from the program of treatment at any time if the Director determines that the offender:
(a) Is not responding satisfactorily to the program; or
(b) Has failed or refused to comply with any term or condition of the program.
6. As used in this section, "entire program" means both phases of the program established pursuant to NRS 209.425, for offenders who have not been released from prison, and NRS 209.429, for offenders who have been assigned to the custody of the Division of Parole and Probation of the Department of Public Safety.
(Added to NRS by 1991, 778; A 1995, 957; 2001, 2586; 2013, 191; 2021, 2487)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4291 - Establishment of program; duties of Department; condition of participation in program.

1. The Department of Corrections shall establish a diversion program within the correctional institutions or other facilities maintained by the Department.
2. The Department of Corrections shall ensure that facilities of adequate capacity for the diversion program are available in one or more suitable locations within the State. The Department shall not be required to provide housing for more than 50 probation violators at one time.
3. The Department of Corrections shall provide a healthful diet and appropriate, secure and sanitary housing and necessary emergency medical services for the probation violators who are placed in the diversion program, but the Department is not responsible for providing treatment to the probation violators remanded to the diversion program pursuant to NRS 209.4293.
4. As a condition of participation in the program, a probationer must release in writing the Department from liability and agree to abide by the applicable rules and regulations of the Department.
(Added to NRS by 2011, 2628; A 2015, 1995)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4293 - Court authorized to remand probation violator to program for supervision and to receive treatment for an alcohol or other substance use disorder or for a mental illness; eligibility for treatment.

1. A district court may remand a probationer who is returned to the district court for a violation of his or her probation to the diversion program established pursuant to NRS 209.4291 for supervision, subject to such terms and conditions as established by the court. The court may allow the probationer who is remanded to the diversion program to:
(a) Leave the facilities of the Department of Corrections during the day for education, treatment or employment; or
(b) Reside outside the facilities of the Department.
2. The court may require the probationer to receive treatment for an alcohol or other substance use disorder or for a mental illness if the court has reason to believe that the probationer has an alcohol or other substance use disorder or is in need of treatment for a mental illness and the court finds that the probationer:
(a) Agrees to participate in the diversion program;
(b) Was not returned to the court for committing an act involving violence, the use of force, or the threat of violence or the use of force;
(c) Meets the requirements for assignment to an institution or facility of minimum security as set forth in NRS 209.481; and
(d) Is not rejected for participation in the diversion program by the Department of Corrections as posing a threat to the health, safety and welfare of:
(1) Other probationers remanded to the program; or
(2) Employees of the Department of Corrections and its agents.
(Added to NRS by 2011, 2628; A 2015, 1995)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4295 - Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs.

1. A probation violator who is placed in the diversion program for supervision and, if appropriate, to receive treatment for an alcohol or other substance use disorder or for a mental illness shall pay the cost of his or her treatment and supervision to the extent of his or her financial resources.
2. A court shall not refuse to place a probation violator in the diversion program if the probation violator does not have the financial resources to pay any or all of the related costs.
3. The court may order a probation violator who is placed in the diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
4. The court may issue a judgment against a probation violator and in favor of the State for the costs of treatment and supervision which remain unpaid when the probationer is released from the diversion program but in no event may the amount of the judgment include any amount of debt which was extinguished by the successful completion of community service pursuant to subsection 3.
(Added to NRS by 2011, 2628; A 2015, 1995)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4297 - Release of probationer from supervision; completion of remaining or additional period of probation; revocation of probation.

1. When the court determines that a probation violator who was remanded to the diversion program has satisfied the applicable terms and conditions established pursuant to NRS 209.4293, the court shall release the probationer from supervision and order the probationer to complete any remaining or additional period of probation as determined by the court.
2. If the court determines that a probation violator who was remanded to the diversion program is violating the rules of participation in the program, has not satisfied the terms or conditions of participation in the program or has not successfully completed the treatment for an alcohol or other substance use disorder or for a mental illness, the court may revoke probation.
(Added to NRS by 2011, 2629; A 2015, 1995)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.4299 - Submission of report concerning probationers participating in program.

The Department of Corrections and the Division of Parole and Probation of the Department of Public Safety shall jointly submit a report at least twice annually to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee. The report must include:
1. The number of probationers participating in the diversion program;
2. The reasons the probationers entered the program;
3. The number of probationers who satisfied the terms and conditions of their participation in the program; and
4. The status of the probationers who are in the program at the time the report is prepared.
(Added to NRS by 2011, 2629; A 2015, 1995)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.432 - Definitions.

As used in NRS 209.432 to 209.453, inclusive, unless the context otherwise requires:
1. "Offender" includes:
(a) A person who is convicted of a felony under the laws of this State and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this State and assigned to the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.
2. "Residential confinement" means the confinement of a person convicted of a felony to his or her place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.540, 176A.550, 176A.560, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
(Added to NRS by 1991, 779, 1409; A 1993, 553, 554; 1997, 3182; 1999, 2880; 2001, 1163, 1937; 2001 Special Session, 157; 2003, 26, 27, 408, 2576; 2013, 37; 2019, 3010; 2021, 2433, 2602; 2023, 2311)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.433 - Credits for offender sentenced on or before June 30, 1969.

1. Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement, or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed for his or her term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. In addition to the credits for good behavior provided for in subsection 1, the Board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development certificate or an equivalent document, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. Each offender is entitled to the deductions allowed by this section if the offender has satisfied the conditions of subsection 1 or 2 as determined by the Director.
(Added to NRS by 1977, 851; A 1983, 723; 1985, 686; 1989, 385; 1991, 780; 1993, 134; 1999, 134; 2003, 1366; 2013, 3287)