Participation in correctional program

Nev. Rev. Stat. § 209.4888. Participation in correctional program: Suitability of offender; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender

Nevada Revised Statutes § 209.4888 governs the participation of offenders or parolees in correctional programs, as well as the suitability of an offender; the Director’s powers and duties; correctional program regulations; reimbursement of correctional program costs; consequences of violating the correctional program terms and conditions; and the status of an offender participating in a correctional program.

“Correctional program” is defined under Nev. Rev. Stat. § 209.4873 as a program established by the Director for the reentry of offenders and parolees into the community, pursuant to Nev. Rev. Stat. § 209.4887.

Eligibility of Offenders for Participation in Correctional Program

Nevada Revised Statutes § 209.4888 provides that an offender is eligible for participation in a correctional program if:

(a) The Director believes that the offender would participate successfully in and benefit from the correctional program;

(b) The offender has demonstrated a willingness to:

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

(2) Meet any existing obligations for restitution to any victim of his or her crime; and

(c) The offender is within 2 years of his or her probable release from prison, as determined by the Director.

If an offender is determined to be eligible for participation in a correctional program under subsection 1, the Director shall request that the Chair of the State Board of Parole Commissioners assign the eligible offender to the Division’s custody to participate in the correctional program.  The offender may not be assigned to the Division’s custody for longer than the remainder of the offender’s sentence.

The Director is to, by regulation, provide standards that determine which offenders are eligible for participation in a correctional program.  The standards adopted by the Director must be approved by the Board and must provide that an offender who:

(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

(b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

(c) Has within the immediately preceding year, been convicted of any crime involving the use of threatened use of force or violence against a victim that is punishable as a felony;

(d) Has ever been convicted of a sexual offense that is a felony; or

(e) Has escaped or attempted to escape from any jail or correctional institution for adults,

is not eligible for assignment to the Division to participate in a correctional program.

The regulations adopted by the Director shall require offenders participating in a correctional program to reimburse the Division and the Department for the cost of participation in the correctional ability, to the extent of their ability to pay.

Violation of Terms and Conditions of Correctional Program

If the offender violates the terms and conditions agreed upon by the Director and the Chair, pursuant to Nev. Rev. Stat. § 209.4888, at any time, the Director may return the offender to the custody of the Department.  Additionally, an offender who is returned to the custody of the Department for violation of terms or conditions agreed upon by the Director and the Chair, the offender forfeits all or part of any credits for good behavior earned before the offender was returned to the custody of the Department, at the Director’s determination.  Proof of the violation and notice to the offender must be given prior to any forfeiture of credits.  The forfeited credits may be restored if the Director considers proper.  Decisions regarding forfeitures of credits are final.

The assignment of an offender to participate in a correctional program shall be deemed:

(a) A continuation of the term of the offender’s imprisonment and not a release on parole; and

(b) For the purposes of Nev. Rev. Stat. § 209.341, an assignment to a Department facility.

An offender does not have a right to be assigned to participation in a correctional program, or to remain as a participant after an assignment.  The establishment of a correctional program is not intended to provide any right or interest in liberty or property, or establish a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers, or employees.

This is merely a summary of the law, and not intended to provided a full and accurate text of the statutory language.  For the full and exact statutory text of Nev. Rev. Stat. § 209.4888, the statute may be found under the Nevada Revised Statutes here.