Nevada Specifics:

Nevada Specifics: An Introduction to the Laws and Operations of the Nevada Criminal Justice System Matthew C. Leone, Ph.D. Department of Criminal Justice University of Nevada, Reno

Tentative Schedule •8-8:30 Registration •8:30 Introductions •8:45 Law Creation, Enforcement, and Sentencing *10:00 Break •10:15 System Differences Specific to Nevada •11:30 Working Lunch •12:45 Offender Evaluation and Sentence Suspension *2:00 Break •2:15 Revocation and the PSI •2:45 Prison Powers, Addiction, the NRS (NAC) Codes •3:15 Discussion of Puzzling Experiences •4:00 Q & A, Evaluation

Introduction to Course: • Who is this guy and why is he here? • Who are you and what you hope to gain from this course?

Step 1: Understanding the Justice System Overview of the American System of Criminal Justice: Levels of Law Enforcement and Jurisdictional Issues.

Step 1: Understanding the Justice System Overview of the American System of Criminal Justice: Types of Law: Legislated Law Administrative Law Case Law

Step 1: Understanding the Justice System Federal laws: Task Forces and Federal law enforcement. State Laws: Examples of Local and State level law enforcement in Nevada

Step 1: Understanding the Justice System Overview of the American System of Criminal Justice: Levels of Courts and Relative Legal Powers.

Step 1: Understanding the Justice System Overview of the American System of Criminal Justice: Adversarial vs. Inquisitorial Courts. Limited Jurisdiction Courts. General Jurisdiction Courts.

Step 1: Understanding the Justice System Overview of the American System of Criminal Justice: Record and non-record courts. Case law and lower court authority.

Step 1: Understanding the Justice System Overview of the American System of Criminal Justice: Levels of Corrections. Prison, Jail, Probation, and Parole Typical Institutional Time Limits. Prison, Jail, Probation, and Parole

Step 1: Understanding the Justice System Jails- location and role in the system. Prisons- location and role in the system. Hydraulic Model- Crowding and changes in sentence structure.

Step 1: Understanding the Justice System Sentence Structures: Determinate, Indeterminate, and Presumptive. Can we tell what we believe by looking at what we do? Nevada Sentencing Structure: History and what the current model implies.

Break

Step 1: Understanding the Justice System Overview of the Justice System in Nevada: Some Specific Differences…

Step 1: Understanding the Justice System Parole and Probation functions joined at the adult level. Parole and Probation functions split at the juvenile level.

Step 1: Understanding the Justice System Juvenile Issues Parole and Probation functions split at the juvenile level.

Step 1: Understanding the Justice System Special Corrections Topics in Nevada Split Sentences What are they? Do we use them in Nevada?

Step 1: Understanding the Justice System Special Corrections Topics in Nevada Diversion? What is it? Who decides who gets it? What is the decision based on?

Step 1: Understanding the Justice System Special Corrections Topics in Nevada What types of Diversion Programs exist in Nevada? Front-door programs. Back-door programs.

Lunch Assignment Group Task: Describe a puzzling experience with the justice system that we might use to explain the operations of the Nevada system of Criminal Justice.

Step 1: Understanding the Justice Process • First Step: Evaluation of the offender. • Judge can order evaluation, including AOD assessment, for virtually any person brought into court.

Step 1: Understanding the Justice Process • Possible side-door out 1: Civil Commitment in lieu of sentence. • NRS 458.290 • Limitations to option are listed in NRS 458.300

Step 1: Understanding the Justice Process • Possible side-door out 2: Person ordered to a program. • NRS 4.373 (justice court) • 5.055 (municipal court)

Step 1: Understanding the Justice Process • But… • Suspension of a sentence can be forbidden by law. • Serious cases not suspendible. • Suspension can be limited in terms of time, no more than 1 year

Step 1: Understanding the Justice Process • Suspension can carry conditions. • Restitution • Drugs and alcohol • Programs • Community Service • Behavioral limitations (internet, car keys) • No criminal activity • Conduct limitations (location) • Submit to search and seizure. • Testing.

Step 1: Understanding the Justice Process • Suspension is an option which can be refused. • Intensive programs are OFTEN refused. • Potential for suspension varies with violation, i.e. domestic violence.

Break

Step 1: Understanding the Justice Process • What happens if violations occur? • Warrant for arrest. Similar to Contempt of Court. • Case reconsidered by the court • Suspended sentence enforced

Step 1: Understanding the Justice Process • What happens if diversion is not an option? • Case sent to P&P for a PSI • What is the PSI • Why does P&P do it • Who uses it?

Step 1: Understanding the Justice Process • Facts regarding the Nevada PSI: • Like in most jurisdictions, P&P officers prepare the PSI. • The PSI will be used in sentencing by the court. • PSIs can be prepared privately, as well as by the court. • Timing of the PSI is up to the judge.

Step 1: Understanding the Justice Process • Goals of the PSI: • Assist judge in sentencing decision. • Help in the creating of a probation plan or treatment options. • Assist corrections in programming decisions. • Assist parole board in the release decision. • Create a database so research can determine what programming works for which type of offender.

Step 1: Understanding the Justice Process Prison Powers related to Addictions.

Step 1: Understanding the Justice Process Responses to these crimes: Nevada’s Legislative Purpose (453.600) Protect and promote health, welfare, and safety of people of state by combating the effects of narcotic addiction and by assisting the rehabilitation of certain narcotic addicts through a comprehensive program of treatment.

Step 1: Understanding the Justice Process • Under these powers Nevada can: • Include experimental programs. • Include maintenance programs. • Utilize funds from local agencies, other states, and the federal government (FDA/DEA). • Person, family, or estate can be used to help pay for program.

Step 1: Understanding the Justice Process • Other Program Information: • Programs must provide info if requested by the state (453.690-700). • Persons can apply to program W/O court order. • Information held by state is confidential unless client requests opposite. • Emergency treatment does not require L.E. notification and approval.

Step 1: Understanding the Justice Process • Nevada Specifics: • Defining Possession: • Control or Dominion over substance, not ownership! • Person must KNOW that drugs are there. • More than one person can be charged with possession of the same drugs..

Step 1: Understanding the Justice Process Nevada’s DUI Laws: NRS 484.3792 Driving under the influence of intoxicating liquor or controlled substance. Penalties: Segregation of offender, probation, suspension of sentence and plea bargaining restricted; intermittent confinement, or consecutive sentences.

Step 1: Understanding the Justice Process • DUI, Continued: • Evaluation of offender required (474.37943) if: • Person is under 21 • Person has over .18 BAC • It is a second (or more) offense in 7 years.

Step 1: Understanding the Justice Process • What does this mean? • First offense- misdemeanor UNLESS treatment as described is successfully completed. • Treatment: Tuition for educational course. • Jail time served (2 days-6mo) • 96 hours community service. • Fine ($200-$1000)

Step 1: Understanding the Justice Process • Second offense within 7 years- • Misdemeanor UNLESS reduced pursuant to 484.3794-and/or treatment as described is successfully completed. • Jail or Residential Treatment Center time served (10 days-6mo) • 100 hours community service. • Fine ($500-$1000). • Possible treatment program.

Step 1: Understanding the Justice Process Failure to complete constitutes a misdemeanor.

Step 1: Understanding the Justice Process • Third offense within 7 years. • Category B felony. • Imprisonment 1-6 years at STATE level. • Fine of $2000-$5000

Step 1: Understanding the Justice Process BUT… Substantial Assistance Clause may apply…

Step 2: Clinical Legal Issues Web links to Nevada Law of interest to clinicians/therapists:http://www.leg.state.nv.us/NRS/NRS-641C.htmlandhttp://www.leg.state.nv.us/NAC/NAC-641C.html

General Provisions NRS 641C.010 Legislative declaration. NRS 641C.020 Definitions. NRS 641C.030 “Board” defined. NRS 641C.040 “Certificate” defined. NRS 641C.050 “Certified counselor” defined. NRS 641C.060 “Certified intern” defined. NRS 641C.065 “Clinical practice of counseling alcohol and drug abusers” defined. NRS 641C.070 “Habitual use” defined. NRS 641C.080 “License” defined. NRS 641C.090 “Licensed counselor” defined. NRS 641C.100 “Practice of counseling alcohol and drug abusers” defined. NRS 641C.105 “Practice of counseling problem gamblers” defined. NRS 641C.110 “Problem gambling” defined. NRS 641C.130 Applicability.

General Provisions NRS 641C.250 License or certificate is revocable privilege; holder acquires no vested right. NRS 641C.260 Application required for license or certificate; submission of fingerprints; payment of application fee. NRS 641C.280 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] NRS 641C.280 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

General Provisions NRS 641C.290 Examination required for license or certificate. NRS 641C.300 Waiver of examination for person who holds license or certificate in another jurisdiction. NRS 641C.310 Investigation and hearings related to applications for license or certificate; grounds for denial of license or certificate. NRS 641C.320 Issuance of provisional license or certificate; period provisional license or certificate is valid; prohibition on renewal. **License As Clinical Alcohol and Drug Abuse Counselor NRS 641C.330 Requirements for issuance of license. [Effective through June 30, 2013.] NRS 641C.330 Requirements for issuance of license. [Effective July 1, 2013.] NRS 641C.331 Period license is valid; scope of practice authorized by license. Certificate As Clinical Alcohol and Drug Abuse Counselor Intern NRS 641C.340 Requirements for issuance of certificate; period certificate is valid; scope of practice authorized by certificate.

General Provisions NRS 641C.330 Requirements for issuance of license. [Effective July 1, 2013.] The Board shall issue a license as a clinical alcohol and drug abuse counselor to: 1. A person who: (a) Is not less than 21 years of age; (b) Is a citizen of the United States or is lawfully entitled to work in the United States; (c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders; (d) Has completed a program approved by the Board consisting of at least 2,000 hours of supervised, postgraduate counseling of alcohol and drug abusers; (e) Has completed a program that: (1) Is approved by the Board; and (2) Consists of at least 2,000 hours of postgraduate counseling of persons with mental illness who are also alcohol and drug abusers that is supervised by a licensed clinical alcohol and drug abuse counselor who is approved by the Board; (f) Passes the written and oral examinations prescribed by the Board : NRS 641C.290; (g) Pays the fees required pursuant to NRS 641C.470; and (h) Submits all information required to complete an application for a license.

General Provisions 2. A person who: (a) Is not less than 21 years of age; (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; (c) Is: (1) Licensed as a clinical social worker pursuant to chapter 641B of NRS; (2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or (3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university; (d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board; (e) Passes the written and oral examinations prescribed by the Board : NRS 641C.290; (f) Pays the fees required pursuant to NRS 641C.470; and (g) Submits all the information required to complete an application for a license. (Added to NRS by 2007, 3063; A 2007, 3095, effective July 1, 2013)

Thank You for attending. Please take a moment to fill out the exit survey and return it to the proper person.

Nevada Specifics: