Nevada Code § 209.427

Assignment of offender to program; withdrawal of offender from program
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1. If the results of an evaluation
conducted pursuant to NRS 484C.300 or 488.430 indicate that an offender has an
alcohol or other substance use disorder and that the offender can be treated
successfully for his or her condition, the Director shall, except as otherwise
provided in this section and unless a court has already assigned the offender
to a program of treatment pursuant to subparagraph (2) of paragraph (c) of
subsection 1 of NRS 484C.400 , assign
the offender to the program of treatment established pursuant to NRS 209.425 . Such an assignment must be, to
the extent that the period reasonably can be predicted, for the year, or as
much thereof as practicable, immediately preceding the date the offender is due
to be released from prison, either on parole or at the expiration of the
offenders term.
2. Before assigning an offender to a
program of treatment, the Director, in cooperation with the Division of Parole
and Probation of the Department of Public Safety, shall determine, to the
extent possible:
(a) The length of time remaining on the
offenders sentence, taking into consideration any credits earned by the
offender; and
(b) The likelihood that the offender will
complete the entire program of treatment.
3. The Director shall when assigning
offenders to the program, to the extent possible, give preference to those
offenders who appear to the Director capable of successfully completing the
entire program.
4. The Director is not required to assign
an offender to the program of treatment if the offender is not eligible for
assignment to an institution or facility of minimum security pursuant to the
provisions of NRS 209.481 and the
regulations adopted pursuant thereto.
5. The Director may withdraw the offender
from the program of treatment at any time if the Director determines that the
offender:
(a) Is not responding satisfactorily to the
program; or
(b) Has failed or refused to comply with any term
or condition of the program.
6. As used in this section, entire
program means both phases of the program established pursuant to NRS 209.425 , for offenders who have not
been released from prison, and NRS 209.429 ,
for offenders who have been assigned to the custody of the Division of Parole
and Probation of the Department of Public Safety.

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