Nevada § 209.4886 - Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender

§ 209.4886. Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender

1. Except as otherwise provided in this section, if a judicial program has been established

in the judicial district in which an offender was sentenced to imprisonment, the Director

may, after consulting with the Division, refer the offender to the reentry court if: (a) The Director believes that the offender would participate successfully in and

benefit from the judicial 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 obligation 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. 2. Except as otherwise provided in this section, if the Director is notified by the

reentry court pursuant to NRS 209.4883 that an offender should be assigned to the custody of the Division to participate

in the judicial program, the Director shall assign the offender to the custody of

the Division to participate in the judicial program for not longer than the remainder

of the offender’s sentence. 3. The Director shall, by regulation, adopt standards setting forth which offenders

are eligible to be assigned to the custody of the Division to participate in the judicial

program pursuant to this section. 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 or 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 punishable as 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 custody of the Division pursuant to this section

to participate in a judicial program. 4. The Director shall adopt regulations requiring offenders who are assigned to the

custody of the Division pursuant to this section to reimburse the reentry court, the

Division and the Department for the cost of their participation in a judicial program,

to the extent of their ability to pay. 5. The reentry court may return the offender to the custody of the Department at any

time for any violation of the terms and conditions imposed by the reentry court. 6. If an offender assigned to the custody of the Division pursuant to this section

violates any of the terms or conditions imposed by the reentry court and is returned

to the custody of the Department, the offender forfeits all or part of the credits

for good behavior earned by the offender before the offender was returned to the custody

of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection

only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as the Director considers

proper. The decision of the Director regarding such a forfeiture is final. 7. The assignment of an offender to the custody of the Division pursuant to this section

shall be deemed: (a) A continuation of the offender’s imprisonment and not a release on parole; and (b) For the purposes of NRS 209.341 , an assignment to a facility of the Department, except that the offender is not entitled to obtain any benefits or to participate

in any programs provided to offenders in the custody of the Department. 8. An offender does not have a right to be assigned to the custody of the Division

pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a judicial program creates

any right or interest in liberty or property or establishes a basis for any cause

of action against the State of Nevada, its political subdivisions, agencies, boards,

commissions, departments, officers or employees.