Nevada Department of Corrections Proposed Administrative Regulation 543
January 8th, 2008
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NEVADA DEPARTMENT OF CORRECTIONS

NEVADA DEPARTMENT OF CORRECTIONS

ADMINISTRATIVE REGULATIONS

543

 

TRANSITION CENTERS

 

 

Supersedes:    AR 543 (09.01.06) (11.19.05)

Effective date:            02/08/08

 

AUTHORITY:              NRS 209.341

 

The Administrator of the Offender Management Division (AOMD) is responsible for classification of offenders to transition centers.  The center manager is responsible for management of the transition center.

 

543.01               DEPARTMENT CANDIDATES

 

1.      The department may house inmates in facilities designated for transitional housing and services

 

2.      The inmate must meet the following criteria to be housed in a transition center:

 

·        The inmate is within two (2) years of probable release, or

·        The inmate is an abuser of alcohol or drugs who is within twenty four (24) months of possible release and is, or will be, eligible for Phase II, which is the residential confinement phase of the 305 treatment program,

·        The inmate is otherwise eligible for minimum custody per AR 521;

·        The inmate cannot have recently committed a serious infraction to the rules or has not performed the duties assigned to him; or

·        The inmate cannot have been convicted of a violent felony offense or felony threat of violence within the preceding year;

·        The inmate cannot have been convicted of a felony sex offense:

·        The inmate cannot have escaped or attempted to escape: or

·        The inmate cannot have violence in the instant offense.

 

543.02             PAROLE & PROBATION CANDIDATES

 

1.      The department may accept parolees into facilities designated for transitional housing and services.

 

2.      The Parolee may be accepted if he meets the following condition:

 

·        Has no pending felony or gross misdemeanor charges,

·        Is pending a technical violation of his parole or probation,

·        Is subject to an intermediate sanction by P&P.

·         

3.      The P&P Commitment should be placed in the unit during normal business hours.

 

4.      The P&P Commitment should be accompanied by the following:

 

·        A signed modification of parole and probation conditions; and a signed waiver of due process rights on the form provided by the Division of Parole and Probation.

 

5.      The inbound processing of the P&P candidates should include fingerprinting, photographing, and medical exams at the nearest intake unit with 3 working days of arrival. 

 

6.      A classification hearing for the parolee should be conducted as soon as practical. 

 

543.03             CENTER OPERATIONS

 

1.      A parole violator accepted into the unit is a commitment to the department and subject to the rules and laws governing inmate conduct.

 

2.      Inmates and parolees are required to pay room and board in accordance with AR 258.

 

3.      Inmates and parolees who remain unemployed for 30 days must be evaluated by an Offender Management Division (OMD) classification approval authority for retention in the unit. 

 

4.      The department may transfer a parolee to an institution in the event that the Subject violates any law, or rule of the department or P&P, in accordance with the signed waiver of due process rights.

 

·        This transfer should be approved by OMD per AR 521.

·        The parole office or a supervisor for P&P should be notified of this action as soon as practical. 

 

5.      A P&P Commitment will be released back to the custody of P&P if that request is made by a representative of the Division of Parole and Probation.


543.04             APPLICABILITY

 

  1. This administrative regulation requires operational procedures with in the OMD and department transitional centers.

 

  1. This administrative regulation does require an audit.

 

 

REFERENCES:         None

 

 

 

 

 

                                                                                                                                               

Howard Skolnik, Director                                                                Date