Correctional program Establishment

Nev. Rev. Stat. § 209.4887. Correctional program; Establishment; assignment of offenders; restitution

Nevada Revised Statutes § 209.4887 governs the establishment of correctional programs for offenders, the assignment of offenders to such correctional programs, and the distribution restitution paid by offenders.

Nevada Revised Statutes § 209.4887 provides that a Director may establish a correctional program for offenders and parolees to reenter the community.

“Correctional program” is defined under Nev. Rev. Stat. § 209.4873 as a program for the reentry of offenders and parolees into the community that is established by the Director.

If the Director of the institution establishes a correctional program, the Director shall determine whether offenders in the custody of the Department are suitable to participate in a correctional program, and determine whether parolees who are referred by the Chair of the State Board of Parole Commissioners pursuant to Nev. Rev. Stat. § 213.632 are suitable to participate in a correctional program as a parole condition.

Nevada Revised Statutes § 213.632 governs the referral of a prisoner or parolee to be considered for participation in a correctional program as a condition of parole.  The statutory language relevant to this section states as follows:

1.  Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the Director if the Chair believes that the person:

(a) Would participate successfully in and benefit from a correctional program; and

(b) Has demonstrated a willingness to:

(1) Engage in employment or participate in vocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim of his or her crime.

2.  Except as otherwise provided in this section, if the Chair is notified by the Director pursuant to NRS 209.4887 that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:

(a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional program; or

(b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the correctional program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.

If the Director determines an offender or parolee to be suitable to participate in a correctional program, Nev. Rev. Stat. § 209.487 provides that the Director shall request that the Chair of the State Board of Parole Commissioners assign such offenders and parolees to a correctional program under the terms and conditions agreed upon by the Director and the Chair.  This includes, if appropriate, for the Division to supervise the offenders and parolees during their participation in the correctional program.

The Director must grant approval to the offender or parolee before the offender or parolee may be assigned to participate in a correctional program.  The Division may also receive and distribute any restitution paid by an offender who is assigned to the Division’s custody pursuant to this section.

The exact statutory text of Nev. Rev. Stat. § 209.487 can be viewed under the Nevada Revised Statutes text, linked here.