Senate Bill No. 432

Senate Bill No. 432-Senators Wiener, Rawson, James, Coffin, Jacobsen, Mathews, McGinness, Neal, O'Donnell, Porter, Regan, Shaffer and Titus

May 29, 1997
____________

Referred to Committee on Finance

SUMMARY--Provides for therapeutic communities in prison and for programs of aftercare to treat certain offenders who are substance abusers. (BDR 16-1180)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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

AN ACT relating to convicted persons; providing for therapeutic communities in prison and programs of aftercare to treat certain offenders who are substance abusers; and providing other matters properly relating thereto.

Whereas, Many studies have indicated that substance abuse constitutes one of the major contributing factors to criminal activity; and
Whereas, A study by the Commission on Substance Abuse Education, Prevention, Enforcement and Treatment estimated that 80 percent of persons arrested tested positive for drug use; and
Whereas, The results of a landmark 1992 study of the effectiveness and benefits of programs for the treatment of substance abuse in California indicated three major findings:
1. There is a return of $7 for each dollar invested in such programs;
2. There is a significant decline in the criminal activities of persons who complete treatment in such programs; and
3. There are significant improvements in the health and corresponding reductions in the hospitalization of persons who participate in treatment in such programs; and
Whereas, Therapeutic communities that provide treatment for certain offenders who are substance abusers constitute a good investment of public funds yielding a significant return; and
Whereas, The benefits of therapeutic communities justify the use of scarce public funds to operate such communities; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2 As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Bureau" means the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.
Sec. 4 "Program of aftercare" means a program that is established pursuant to section 9 of this act to provide continuing treatment to those offenders who successfully complete treatment in a therapeutic community.
Sec. 5 "Substance abuser" means a person who abuses, is addicted to or is psychologically or physically dependent on:
1. Alcohol;
2. A controlled substance; or
3. A drug, poison, solvent or toxic inhalant. This subsection does not include tobacco or products made from tobacco.
Sec. 6 "Therapeutic community" means a program that is established pursuant to section 7 of this act to provide treatment to certain offenders who are substance abusers.
Sec. 7 1. The director shall, in conjunction with the bureau and with the approval of the board, establish one or more therapeutic communities to provide treatment to certain offenders who are substance abusers. A therapeutic community must include, but is not limited to, the requirements set forth in this section.
2. A therapeutic community must provide an offender with:
(a) Intensive treatment for substance abuse;
(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 sections 2 to 13, inclusive, of this act, offenders who are assigned to a therapeutic community, to the extent practicable as determined by the director or a person designated by the director:
(a) Must 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 therapeutic community are housed; and
(b) Must participate in the therapeutic community for a period of 1 year and a program of aftercare for a period of 1 year if a program of aftercare is required pursuant to section 9 of this act.
Sec. 8 1. The director shall, in conjunction with the bureau 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:
(a) The offender requests the evaluation; and
(b) 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 may offer the offender the choice of participating in a therapeutic community. In determining whether to offer an offender the choice of participating 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 accepts an offer to participate in a therapeutic community:
(a) The offender must sign an authorization form, prepared by the director or a person designated by the director, in which the offender agrees to and accepts the conditions of participation in the therapeutic community and a program of aftercare; and
(b) The offender must be assigned to participate in the therapeutic community for the year immediately preceding the date on which his term of imprisonment expires or the date on which he is due to be released on parole, whichever is likely to occur earlier.
Sec. 9 1. The director shall, in conjunction with the bureau 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 therapeutic community.
2. Except as otherwise provided in sections 2 to 13, inclusive, of this act:
(a) An offender who successfully completes treatment in a therapeutic community 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 a therapeutic community.
(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 1 year.
(c) If an offender is assigned to a program of aftercare and, before or during his 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 if the offender is released on parole; and
(2) Such participation, if any, must be made a condition of parole pursuant to section 15 of this act.
(d) If an offender is assigned to a program of aftercare and, before or during his 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.
Sec. 10 1. The director or a person designated by the director may remove an offender from a therapeutic community 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 therapeutic community or a program of aftercare and may establish sanctions and incentives relating to participation in a therapeutic community or a program of aftercare.
3. The provisions of sections 2 to 13, inclusive, of this act do not create a right on behalf of an offender to participate in a therapeutic community 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 therapeutic community or a program of aftercare.
Sec. 11 An offender may not participate in a therapeutic community if the offender:
1. Was sentenced to death or a term of imprisonment for life without the possibility of parole;
2. Has been convicted of more than one felony, unless all of the felonies for which the offender has been convicted arose out of the same act, transaction or occurrence; or
3. 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.
Sec. 12 To carry out the provisions of sections 2 to 13, inclusive, of this act, the director may contract with persons or private entities that are qualified to evaluate offenders who are substance abusers or qualified to administer therapeutic communities or programs of aftercare.
Sec. 13 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 therapeutic communities and programs of aftercare;
2. The number of offenders who have participated in therapeutic communities 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 therapeutic communities 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.
Sec. 14 NRS 209.463 is hereby amended to read as follows:
209.463 1. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:
(a) If the offender's hourly wage is equal to or greater than the federal minimum wage:
(1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
(3) An amount determined by the director for deposit in the offender's individual account in the prisoners' personal property fund.
(4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department. An amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic community or a program of aftercare, or both.
(5) An amount the director considers reasonable to meet any existing obligation of the offender for the support of his family.
(6) Any deduction pursuant to NRS 209.246.
(7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
(8) An amount the director considers reasonable to meet any existing obligation of the offender for restitution to any victim of his crime.
(9) An amount the director considers reasonable to pay the balance of the administrative assessments included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid administrative assessments included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender's wages pursuant to this subparagraph must be submitted:
(I) If the offender does not have any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(II) If the offender has any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any administrative assessment is owing, until the balance owing has been paid.
(10) An amount the director considers reasonable to pay the balance of the fines included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid fines included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender's wages pursuant to this subparagraph must be submitted:
(I) If the offender does not have any fines owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(II) If the offender has any fines owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
(b) If the offender's hourly wage is less than the federal minimum wage:
(1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
(3) An amount determined by the director for deposit in the offender's individual account in the prisoners' personal property fund.
(4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department. An amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic community or a program of aftercare, or both.
(5) Any deduction pursuant to NRS 209.246.
(6) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
2. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender's account from any source other than his wages:
(a) Any deduction pursuant to NRS 209.246.
(b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
(c) An amount determined by the director to offset the cost of participation by the offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic community or a program of aftercare, or both.
The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.
3. The director shall not make any deduction from the offender's individual account in the prisoners' personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender's account required before such other deductions or withdrawals from the account may be made by the director or the offender.
4. Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.
5. The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.
Sec. 15 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
If a prisoner is granted parole and a determination has been made pursuant to section 9 of this act that the prisoner must continue in a program of aftercare, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee participate in the program of aftercare to which he has been assigned pursuant to section 9 of this act.
Sec. 16 NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 15 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Chief" means the chief parole and probation officer.
3. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. "Sex offender" means any person who has been or is convicted of a sexual offense.
6. "Sexual offense" means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 17 In carrying out the provisions of sections 2 to 13, inclusive, of this act, the department of prisons shall:
1. During the fiscal year beginning in 1998, operate one or more therapeutic communities having an aggregate capacity for at least 400 offenders.
2. During the fiscal year beginning in 1999, operate one or more therapeutic communities having an aggregate capacity for at least 800 offenders.
3. During the fiscal year beginning in 2000, operate one or more therapeutic communities having an aggregate capacity for at least 1,300 offenders.
4. During the fiscal year beginning in 2001, operate one or more therapeutic communities having an aggregate capacity for at least 1,700 offenders.
5. During the fiscal year beginning in 2002 and during each fiscal year thereafter, operate one or more therapeutic communities having an aggregate capacity for every offender who qualifies for participation in a therapeutic community pursuant to sections 2 to 13, inclusive, of this act.