SB 49 — Requires the Director of the Department of Corrections to establish a program of treatment for offenders with substance use, mental health or other addictive disorders. (BDR 16-201)
Last action — (No further action taken.)
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
AN ACT relating to offenders; defining certain terms; requiring the Director of the Department of Corrections to establish a program of treatment for offenders with substance use, mental health or other addictive disorders; revising provisions related to programs of aftercare; repealing provisions relating to therapeutic communities; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
422 added · 406 removed422 line(s) added, 406 removed.
(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT S.B.
49–COMMITTEE ON JUDICIARY (O N BEHALF OF THE DEPARTMENT OF C ORRECTIONS ) PREFILED N OVEMBER 19, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Requires the Director of the Department of Corrections to establish a program of treatment for offenders with substance useuse, mental health or other addictive disorders.
requiring the Director of the Department of Corrections to establish a program of treatment for offenders with substance useuse, mental health or other addictive disorders;
Existing law requires the Director of the Department of Corrections, in conjunction with the Division of Public and Behavioral Health of the Department of Health and Human Services and with the approval of the Board of State Prison Commissioners, to establish therapeutic communities to provide treatment to certain offenders who are substance abusers.
(NRS 209.4236) Section 7 of this bill requires the Director, in conjunction with the Division and with the approval of the Board, to establish programs of treatment for offenders with substance useuse, mental health or other addictive disorders rather than establishing therapeutic communities provisions which define “substance abuser” and “therapeutic community.” Section 2 of this bill defines the term “program of treatment for offenders whowith are substance abusers.use, mental health or other addictive disorders,” and section 3 of this bill defines the term “substance use, mental health or other addictive disorder” for the purposes of section 7.
SectionExisting 15law ofrequires thisthat, billto repeals the provisionsextent whichpracticable, defineoffenders termassigned “programto ofa treatmentsegregated forfrom offenders withwho substanceare usenot disorders,”assigned andnesto the sectiontherapeutic 3community.re of- this*SB49_R1* bill– defines2 the– termsegregate “substancecertain useoffenders disorder”assigned forto thea purposesprogram of sectiontreatment 7.for offenders with substance use, mental health or other addictive disorders.
Existing law requires that, to the extent practicable, offenders assigned to a therapeutic community be housed in areas of a facility or institution that are segregated from offenders who are not assigned to the therapeutic community.
(NRS 209.4236) Section 7 authorizes, rather than requires, the Director to - *SB49* – 2 – substance use disorders.
(1) authorizes an offender assigned to a program of treatment for offenders with substance useuse, mental health or other addictive disorders to be taken outside an institution or facility, under appropriate precautions to prevent the offender’s escape, to participate in a program of treatment for offenders with substance useuse, disorders;participate in such a program of treatment for not less than 3 months.er to Existing law requires the Director, in conjunction with the Division of Public and Behavioral Health of the Department of Health and Human Services and with the approval of the Board of State Prison Commissioners, to establish programs of aftercare to provide continuing treatment to offenders who successfully complete instead requires the Director to establish such programs of aftercare for those offenders who successfully complete a program of treatment for offenders with substance use, mental health or other addictive disorders established pursuant to section 7.
andSections (2)4-14 requiresof anthis offenderbill tomake participateconforming inchanges suchby areplacing programthe term “therapeutic community” with the term “program of treatment for notoffenders lesswith thansubstance 3use, months.mental health or other addictive disorders,” as applicable.
and Behavioral Health of the Department of Health and Human Services and withblic the approval of the Board of State Prison Commissioners, to establish programs of aftercare to provide continuing treatment to offenders who successfully complete treatment in a therapeutic community.
(NRS 209.4238) Section 9 of this bill instead requires the Director to establish such programs of aftercare for those substance use disorders established pursuant to section 7.
for offenders with Sections 4-14 of this bill make conforming changes by replacing the term “therapeutic community” with the term “program of treatment for offenders with substance use disorders,” as applicable.
“Program of treatment for offenders with substance useuse, mental health or other addictive disorders” means a program:
Established pursuant to NRS 209.4236 to treat offenders with substance useuse, mental health or other addictive disorders;
“Substance useuse, mental health or other addictive disorder” means a behavioral or mental disorder associated with the use of or withdrawal from drugs or alcohol.
- *SB49_R1* – 3 – 3.
An amount - *SB49* – 3 – deducted pursuant to this subsection may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act in a [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive disorders or a program of aftercare, or both.
An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previouslypreviouslyme convicted.
An amount deducted from a source other than the wages this subsection, must be submitted:r her incarceration, pursuant to (a) If the offender does not have an administrative assessment 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 or she is incarcerated.
- *SB49_R1* – 4 – (a) If the offender does not have a fine 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 or she is incarcerated.
- *SB49* – 4 – (b) If the offender has a fine 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.
209.4233 “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 [therapeutic community.] program of treatment for offenders withwitSec. substance use disorders.
7.ancNRS 209.4236 is hereby amended to read as follows:
The Director shall, in conjunction with thews:the Division and with the approval of the Board, establish one or more [therapeutic communities to provide] programs of treatment [to certain] for offenders [who are] with substance [abusers.] use, mental health or other addictive disorders.
DivisionA and[therapeutic withcommunity] theprogram approval of thetreatment Board,for establishoffenders onewith substance use, mental health or moreother certain]addictive fordisorders offendersmust [whoinclude, are]but withis substancenot [abusers.]limited useto, disorders.the requirements set forth in this section.
A [therapeutic community] program of treatment for offenders with substance use disorders must include, but is not limited to, the requirements set forth in this section.
A [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive disorders must provide an offender with:
(a) Intensive treatment for substance [abuse;] useuse, mental health or other addictive disorders;
and - *SB49_R1* – 5 – (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.
Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act, offenders who are assigned to a [therapeutic community,] program of treatment for offenders with substance useuse, mental health or other addictive disorders, to the extent practicable as determined by the Director or a person designated by the Director:
- *SB49* – 5 – (a) [Must] 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 [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive disorders are housed;
[and] (b) May be taken outside an institution or facility, under appropriate precautions to prevent the offender’s escape, to participate in a program of treatment for offenders with substance useuse, mental health or other addictive disorders;
and (c) Must participate in the [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive disorders 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 NRS 209.4238.] not less than 3 months as deemed appropriateappSec. for the level of care being offered.
Sec.8.e fNRS 209.4237 is hereby amended to read as follows:
8.
NRS 209.4237 is hereby amended to read as follows:
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 determinedetermineo whether the offender [is] has a substance [abuser] use disorder and whether the offender may benefit from participation in a [therapeutic community.] program of treatment for offenders with substance useuse, mental health or other addictive disorders.
subsection2. 1 if the offender is eligible to be assigned to aant to [therapeutic community.] program of treatment for offenders with sub3.ancAfter an evaluation is conducted pursuant to subsection 1, the Director or a person designated by the Director shall determine whether the offender [is] has a substance [abuser] use disorder and whether the offender may benefit from participation in a [therapeutic community.] program of treatment for offenders with substance use disorders.
An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a [therapeutic community.] program of treatment for offenders with substance use, mental health or other addictive disorders.
Show all 94 changed lines (54 more)
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] has a substance [abuser] use disorder and whether the offender may benefit from participation in a [therapeutic community.] program of treatment for offenders with substance use, mental health or other addictive disorders.
If a determination is made that the offender [is] has a substance [abuser] use disorder and that the offender may benefit from participation in a [therapeutic community,] program of - *SB49_R1* – 6 – treatment for offenders with substance useuse, mental health or other addictive disorders, the Director or a person designated by the Director shall determine whether to assign the offender to participate in a [therapeutic community.] program of treatment for offenders with substance useuse, mental health or other addictive disorders.
In determining whether to assign an offender to participate in a [therapeutic community,] program of treatment for offenders with substance useuse, mental health or other addictive disorders, the Director or a person designated by the Director shall:
- *SB49* – 6 – (a) Consider the severity of the [problem of] substance [abuse by] useuse, disordermental health or other addictive disorders of the offender and the availability of space in each [therapeutic community;] program of treatment for offenders with substance useuse, mental health or other addictive 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 [therapeutic community.] program of treatment for offenders with substance useuse, mental health or other addictive disorders.
To be eligible to be assigned to participate in a [therapeutic community,] program of treatment for offenders with substance useuse, mental health or other addictive disorders, an offender must be within 2 years of the date on which the offender is reasonably expectedexpSec. to be released, as determined by the Director.
Sec.9.o bNRS 209.4238 is hereby amended to read as follows:
9.
NRS 209.4238 is hereby amended to read as follows:
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 thosethosemore offenders who successfully complete treatment in a [therapeutic community.] program of treatment for offenders with substance useuse, mental health or other addictive disorders.
(a) An offender who successfully completes treatment in a [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive 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 a [therapeutic community.] program of treatment for offendersentoffenders in with substance useuse, mental health or other addictive disorders.
- *SB49_R1* – 7 – (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:
(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 - *SB49* – 7 – aftercare to the extent practicable as determined by the Director or a person designated by the Director.
The Director or a person designated by the Director may remove an offender from a [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive disorders or a program of aftercare, temporarily or permanently, for any lawful reason or purpose.
The Director may impose conditions on the participation of an offender in a [therapeutic community] program of treatment for offenders with substance use disorders or a program of aftercare and may establish sanctions and incentives relating to participation in a [therapeutic community] programhealth ofor treatmentother foraddictive offenders with substance use disorders or a program of aftercare.
The provisions of NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act do not create a right on behalf of an offender to participate in a [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive 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 [therapeutic community] program of treatment for offenders with substance useuse, mental health or other addictive disorders or a program of aftercare.
209.424Sec. An offender may not participate in a [therapeutic:
community]11. program of treatment for offenders with substance use1.isoWas sentenced to death or a term of imprisonment for life without the possibility of parole;
orNRS 2.209.424 is hereby amended to read as follows:
209.424 An offender may not participate in a [therapeutic community] program of treatment for offenders with substance use, mental health or other addictive disorders if the offender:
1.
Was sentenced to death or a term of imprisonment for life without the possibility of parole;
or - *SB49_R1* – 8 – 2.
209.4242 To carry out the provisions of NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act, the Director may contract with persons or private entities that are qualified to evaluate offenders [who are] with substance [abusers] useuse, mental health or other addictive disorders or qualified to administer [therapeutic communities] programs of treatment for offenders with substance useuse, mental health or other addictive disorders or programs of aftercare.
209.4244 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 - *SB49* – 8 – Finance and the Assembly Standing Committee on Ways and Means at the beginning of each regular session of the Legislature:
The number of offenders who are currently participating in [therapeutic communities] programs of treatment for offenders with substance useuse, mental health or other addictive disorders and programs of aftercare;
The number of offenders who have participated in [therapeuticwith communities]substance programsuse, ofmental treatmenthealth foror offendersother withaddictive substance use disorders and programs of aftercare and the number of those offenders who subsequentlysub3. have been arrested for other offenses;
The number of offenders who have successfully completed treatment in [therapeutic communities] programs of treatment for offenders with substance use, mental health or other addictive disorders and 3.programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses.
The number of offenders who have successfully completed treatment in [therapeutic communities] programs of treatment for offenders with substance use disorders and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses.
the1. federal minimum wage:e of the offender is equal to or greater than (a) An amount the Director deems reasonable for deposit with Victims of Crime.er for credit to the Fund for the Compensation of (b) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family.
If the hourly wage of the offender is equal to or greater than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
- *SB49_R1* – 9 – (b) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family.
An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act in a [therapeutic community] program of - *SB49* – 9 – treatment for offenders with substance useuse, mental health or other addictive disorders or a program of aftercare, or both.
(g) 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 or her release, or if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral.
(h) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to any victim of his or her crime.
An amount deducted from the wages of the offender pursua(1)pursuant Ifto the offender does not have an administrative assessment owing from a judgment entered for a crime previously against the offender for which the offender is incarcerated.ent (2) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state,paragraph tomust thebe courtsubmitted: that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
(1) If the offender does not have an administrative assessment 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 the offender is incarcerated.
- *SB49_R1* – 10 – (2) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
- *SB49* – 10 – (2) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid.
2.minimum wage:e hourly wage of the offender is less than the federal (a) An amount the Director deems reasonable for deposit with Victims of Crime.er for credit to the Fund for the Compensation of (b) 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.
If the hourly wage of the offender is less than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b) 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.
An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, and sections 2er2 and 3 of this act in a [therapeutic community] program of oftreatment aftercare,for oroffenders both.s with substance useuse, disordersmental health or aother programaddictive (e)disorders Aor deductiona pursuantprogram toof NRSaftercare, 209.246.or both.
(f)(e) AnA amountdeduction the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.209.246.
- *SB49_R1* – 11 – (f) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
- *SB49* – 11 – 1.
or does3. not include tobacco or products made from tobacco.
subsectionA 209.4235drug, “Therapeuticpoison, community”solvent defined.or toxic inhalant.
This subsection does not include tobacco or products made from tobacco.
209.4235 “Therapeutic community” defined.
H - *SB49**SB49_R1*
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Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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(No further action taken.)
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From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.
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Read second time. Amended. (Amend. No. 13.) Re-referred to Committee on Finance. To printer.
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Notice of eligibility for exemption.
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From committee: Amend, and do pass as amended.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Senate Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Judiciary
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 49 do?
- AN ACT relating to offenders; defining certain terms; requiring the Director of the Department of Corrections to establish a program of treatment for offenders with substance use, mental health or other addictive disorders; revising provisions related to programs of aftercare; repealing provisions relating to therapeutic communities; and providing other matters properly relating thereto.
- Who sponsors SB 49?
- SB 49 is sponsored by Senate Committee on Judiciary.
- What is the current status of SB 49?
- This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 49?
- Track SB 49 free on One Click Politics — get push/email alerts when it moves.
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