Nevada Code § 209.3685

Solitary confinement: Continuation of placement of offender in solitary confinement; limitations; review of and individualized treatment plan for offender; removal of offender from solitary confinement upon request; report; recording of review; retention of certain documents
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1. The Department may continue to keep an
offender placed in solitary confinement for more than 15 days if:
(a) The offender refuses to be removed from
solitary confinement at the end of the 15-day period;
(b) A provider of health care recommends that the
offender be kept in solitary confinement due to medical necessity; or
(c) A multidisciplinary team recommends a
continuation of solitary confinement for the offender after a determination
from the review conducted pursuant to subsection 3 that the offender presents a
threat to the safety or health of other offenders or correctional staff.
2. The continuation of solitary
confinement of an offender pursuant to paragraph (c) of subsection 1 must not
exceed an additional period of 15 consecutive days, after which the offender
must be removed from solitary confinement and the multidisciplinary team shall
determine whether a return to solitary confinement is necessary.
3. A multidisciplinary team shall conduct
a review of each offender placed in solitary confinement and shall develop an
individualized treatment plan for the offender before the offender is removed
from solitary confinement. The treatment plan may contain, without limitation,
recommendations relating to staff intervention, housing placement in the
facility or institution and any other recommendations that the
multidisciplinary team deems appropriate. If required by exigent circumstances,
a member of the multidisciplinary team who is unable to be present for the
review may, through remote communication:
(a) Attend the review; and
(b) Participate in any discussion concerning the
review of the offender.
4. If an offender is kept in solitary
confinement pursuant to paragraph (a) of subsection 1 and, at any time,
requests removal from solitary confinement, the offender must be removed from
solitary confinement within 24 hours after the request for removal.
5. If an offender is kept in solitary
confinement for a period of more than 15 consecutive days pursuant to this
section, the multidisciplinary team must submit a report to the Director within
24 hours after the determination to continue solitary confinement, and every 15
days thereafter during which the offender remains in solitary confinement,
which must include, without limitation:
(a) The name of the offender;
(b) A description of the reasons for the
continuation of solitary confinement; and
(c) Any plan developed for the removal of the
offender from solitary confinement.
6. Any meeting or discussion concerning
the review conducted pursuant to subsection 3 or a determination to continue
solitary confinement for an offender pursuant to this section must be:
(a) Recorded in writing or otherwise documented;
and
(b) Kept by the Department for at least 1 year.
7. As used in this section:
(a) Mental health clinician means:
(1) A psychiatrist licensed to practice
medicine in this State and certified by the American Board of Psychiatry and
Neurology;
(2) A psychologist licensed to practice in
this State;
(3) A social worker who:
(I) Is licensed in this State as a
clinical social worker;
(II) Holds a masters degree in
social work; and
(III) Is employed by the Department;
(4) A registered nurse who:
(I) Is licensed to practice
professional nursing in this State;
(II) Holds a masters degree in the
field of psychiatric nursing; and
(III) Is employed by the Department;
(5) A marriage and family therapist
licensed pursuant to chapter 641A of NRS; or
(6) A clinical professional counselor
licensed pursuant to chapter 641A of NRS.
(b) Multidisciplinary team means a team which
must consist of the following persons:
(1) A correctional officer who works in
the housing unit to which the offender is assigned;
(2) A mental health clinician;
(3) A case worker;
(4) A correctional supervisor;
(5) An associate warden; and
(6) Any other staff member deemed
necessary by the Director.

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