§ 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

Nevada § 209.3685

• Jurisdiction: Nevada
• Title 16: CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF
• Ch. 209: Department

Text

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 master’s 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 master’s 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.

Legislative History

(Added to NRS by 2023, 2428 )