NRS 209.4237: Program to evaluate offenders for participation in program of treatment for offenders with substance use or co-occurring disorders; assignment to participate in program of treatment.

1. 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 determine whether the offender has a substance use disorder and whether the offender may benefit from participation in a program of treatment for offenders with substance use or co-occurring disorders.

2. An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a program of treatment for offenders with substance use or co-occurring disorders.

3. After an evaluation is conducted pursuant to subsection 1, the Director or a person designated by the Director shall determine whether the offender has a substance use disorder and whether the offender may benefit from participation in a program of treatment for offenders with substance use or co-occurring disorders.

4. If a determination is made that the offender has a substance use disorder and that the offender may benefit from participation in a program of treatment for offenders with substance use or co-occurring disorders, the Director or a person designated by the Director shall determine whether to assign the offender to participate in a program of treatment for offenders with substance use or co-occurring disorders. In determining whether to assign an offender to participate in a program of treatment for offenders with substance use or co-occurring disorders, the Director or a person designated by the Director shall:

(a) Consider the severity of the problem of the substance use or co-occurring disorder of the offender and the availability of space in each program of treatment for offenders with substance use or co-occurring 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 program of treatment for offenders with substance use or co-occurring disorders.

5. To be eligible to be assigned to participate in a program of treatment for offenders with substance use or co-occurring disorders, an offender must be within 2 years of the date on which the offender is reasonably expected to be released, as determined by the Director.