SB 32 — Makes various changes relating to offenders with substance use or co-occurring disorders. (BDR 16-327)

S.B.Senate Bill No.

3232–Committee SENATEon BJudiciary ILLNCHAPTER.......... O.

32–COMMITTEE ON JUDICIARY (ON B EHALF OF THE D EPARTMENT OF CORRECTIONS ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to offenders with substance use or co-occurring disorders.

(BDR 16-327) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

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 with substance use disorders.

(NRS 209.4236) Section 8 of this bill eliminates the requirement that the Director establish such therapeutic communities and instead requires the Director to establish programs of treatment for offenders with substance use or co-occurring disorders.

Section 7 of this bill revises the term “substance use disorder” to conform with the definition contained in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) published by the American Psychiatric Association.

“therapeuticManual community.”makesof Section 16 of this bill makes a conforming change by eliminating the term “therapeutic community.” Under existing law, offenders assigned to a therapeutic community must, to the extent practicable, be housed in areas of a facility or institution that are segregated from offenders not assigned to the therapeutic community.

(1) authorizes, rather than requires, the Director to segregate offenders assigned to a program of treatment for offenders with substance use or authorizes an offender assigned to a program of treatment for offenders with - *SB32* – 2 – substance use or co-occurring disorders tofrom beoffenders takennot outsideassigned an institution or facility, under appropriate precautions to preventsuch escape, to participate in a programprogram; of treatment for offenders with substance use or co-occurring disorders;

and(2) (3)authorizes froman 1offender yearassigned to a minimumprogram of 5treatment months for suchoffenders awith programsubstance ofuse treatmentor andco-occurring aaftercaredisorders minimumto ofbe 3taken monthsoutside an institution or facility, treatment for aoffenders programwith ofsubstance aftercare,use asor deemedco-occurring appropriate.disorders;

Existingand law(3)of alsochanges requires the Director,period inof conjunctionrequired withparticipation thein Divisiona program of Publictreatment andor Behavioralaftercare Healthfrom of1 theyear Departmentto ofa Healthminimum andof Human5 Servicesmonths andfor withsuch thea approvalprogram of thetreatment Boardand ofa Stateminimum Prisonof Commissioners,3 tomonths establishfor onea orprogram successfullyof completeaftercare, treatmentas indeemed aappropriate. therapeutic community.

(NRSExisting 209.4238)olaw Sectionalso 10requires ofthe thisDirector, billin insteadconjunction requireswith the DirectorDivision toof establishPublic programsand Behavioral Health of aftercarethe toDepartment provideof continuingHealth treatmentand forHuman offendersServices whoand successfullywith completethe aapproval programof the Board of treatmentState forPrison offendersCommissioners, withto substanceestablish useone or co-occurringmore disordersprograms establishedof pursuantaftercare to sectionprovide 8.continuing treatment to offenders who successfully complete treatment in a therapeutic community.

terms(NRS “therapeutic209.4238) community”Section and10 “therapeuticof communities”this withbill theinstead termgrequires the “programDirector to establish programs of program of treatment for offenders with substance use or co-occurring disorders.”disorderste THEa PEOPLEestablished OFpursuant THEto STATEsection OF8. NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 4-6 and 9-15 of this bill make conforming changes by replacing the terms “therapeutic community” and “therapeutic communities” with the term “program of treatment for offenders with substance use or co-occurring disorders.” - 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

and 2.supported by research.nce-based or based on best practices Sec.

Which is evidence-based or based on best practices supported by research.

Sec.

- *SB32* – 3 – 3.

5.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 - 81st Session (2021) – 3 – arrangements for the offender’s funeral.

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 arrangements6. for the offender’s funeral.

6.

(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(b) 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 hean oradministrative sheassessment is incarcerated.owing, until the balance owing has been paid.

(b) 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.

- *SB32* – 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.inc(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.

(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.

- 81st Session (2021) – 4 –  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 or her incarceration.

209.4231 As used in NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 209.4232 [to 209.4235, inclusive,] , 209.4233 and 209.4234 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

209.4236Division 1.and with the approval of the Board, establish one or more [therapeutic communities] programs of treatment for offenders with substance use or co-occurring disorders to provide treatment to certain offenders with [a] substance use [disorder.] or co- occurring disorders.

TheA Director shall, in conjunction with the Division and with the approval of the Board, establish one or more [therapeutic communities]community] programsprogram of treatment for offenders with substance use or co-occurring disorders tomust provideinclude, treatmentbut tois certainnot offenderslimited withto, [a]the substancerequirements useset [disorder.]forth orin co-this occurringsection. disorders.

A [therapeutic community] program of - *SB32* – 5 – treatment for offenders with substance use or co-occurring disorders must include, but is not limited to, the requirements set forth in this section.

and (d)- A81st highlySession structured(2021) schedule– that5 includes,– but is not limited to, the treatment listed in paragraph (a) and, if practicable, programs of employment, general education or vocational training.

[and] (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- occurringocc(c) disorders;Must participate in the [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders for a period of [1 year] not less than 5 months 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 appropriate for the level of care being offered.