Nev. Admin. Code § 439.Sec. 21

Current through November 8, 2024

Section 439.Sec. 21 - NEW

1. A person or governmental entity that operates a program shall ensure that the program:

(a) Issues a certificate of completion to a participant who:

(1) Successfully completes the program; and

(2) Complies with the provisions of the agreement set forth in section 23.

(b) Issues a discharge to a participant who is unable to complete the program because he or she moved from the area of service of the program or was referred to another program.

(c) Terminates the treatment of a participant who violates any of the provisions of the agreement set forth in section 23.

2. If the program issues a discharge to an offender or terminates the treatment of an offender pursuant to subsection 1, the person or governmental entity that operates the program shall notify:

(a) The justice of the peace or municipal judge overseeing the case of the discharge or termination and provide to the justice of the peace or municipal judge, as applicable, a written summary concerning the behavior of the offender in the program and the number of counseling sessions the offender successfully completed, if any; and

(b) The offender that he or she is required to make a request to the justice of the peace or municipal judge overseeing his or her case to be reassigned to another program.

3. If, at the time that a discharge or termination of an offender is considered, the person or governmental entity that operates the program in which the offender participated determines that the offender has exhibited signs of violent behavior and has resisted treatment, the program facilitator that monitored the offender must:

(a) Provide to the justice of the peace or municipal judge overseeing the case and, if determined necessary by the program facilitator, the parole and probation officer of the offender and the prosecuting attorney, a statement of the progress of the offender and a recommendation whether the offender should continue to receive treatment; and

(b) Request that the justice of the peace or municipal judge overseeing the case require the offender to continue his or her participation in the program or refer the offender to another program.

4. A person or governmental entity that operates a program shall:

(a) Ensure that any documentation of actions taken pursuant to this section is placed in the file of the participant; and

(b) Retain all records relating to a participant for at least 7 years after the last date of treatment of that participant.

Nev. Admin. Code § 439.Sec. 21

Added to NAC by Bd. of Health by R037-22A, eff. 12/29/2022

NRS 4.373, 5.055, 439.200