The State of Nevada takes its domestic violence cases seriously. The State’s courts impose severe penalties on defendants who are convicted of domestic abuse cases, including long prison sentences and high fees on top of situation-based compensation dues. It gets even worse if other circumstances are involved, like severe physical injury, sexual abuse, or death.
However, domestic violence convictions do not always equate to long prison sentences and high fees alone. Those unfamiliar with the legal system may be surprised that domestic violence offenders are required to undergo a domestic violence rehabilitation program on top of--or in some cases, instead of--spending time in prison for their crimes. The aim is to guide the offender through intensive therapy to refrain from committing such acts in the future. Let’s look at the process of rehabilitating domestic violence offenders in Nevada.
Domestic Violence Rehabilitation According to State Law
Like in many other criminal offenses that involve rehabilitation and counseling, providing rehabilitation and counseling for domestic violence offenders is stipulated in the Nevada Revised Statutes. Statutes related to domestic violence rehabilitation include the appointment of an ombudsman for domestic violence; the creation of a fund to support domestic violence programs for both victims and offenders; the establishment and maintenance of a committee that will oversee domestic violence cases, victims and offenders; and other pertaining matters involving individual cases, like enhanced charges and deaths resulting from domestic violence.
In addition to the NRS, the creation and maintenance of a rehabilitation and counseling program for domestic violence cases is covered in the Nevada Administrative Code. While the NRS lays down the foundations of the administration of these rehabilitation programs, the NAC rules provide a guideline on what provisions, regulations, and stipulations are to be adopted for domestic violence rehab programs. The NAC also gives authority to the Division of Public and Behavioral Health to handle all of the aforementioned tasks; the Ombudsman and the Committee for Domestic Violence cannot act on a provision unless the DPBH has approved it.
How Offenders Get Into a Program
The NRS stipulates that convicted domestic violence offenders are required to attend domestic violence treatment programs, either while incarcerated or if ever they go into probation. First-time offenders will have to undergo 1.5 hours a week of intensive rehabilitation for a period between six and 12 months. Second-time offenders will be mandated to undergo the 1.5-hours-a-week program for the full 12 months instead. Note that these programs usually involve the offender to enroll and pay at his own expense; the State is only there to stipulate what programs he has to follow, as well as to monitor his progress and/or penalize him for failing to meet his dues.
Of note is that offenders convicted for a third time and beyond are no longer eligible for a rehabilitation program. At this stage, their crime is already a higher-level felony, and they instead will have to face the full brunt of Nevada domestic violence laws. Note that people who are charged with a felony-level domestic violence crime for their offense may no longer be eligible for a rehabilitation program, depending on the circumstances of the case.
Where to Seek Help
Much like rehabilitation centers for driving under the influence or drug crimes in Nevada, most rehabilitation centers in the state that handle behavioral therapy and domestic violence rehabilitation are privately-run and operated. These centers can only offer programs that have been stipulated by the DPBH; their programs have to pass a review from both the DPBH and the Committee for Domestic Violence so they can be certified. Programs often include discussions on behavioral health, anger management, social interactions, trauma, and self-restraint, among others. As noted earlier, offenders have to pay for these programs out of their own pockets.
Some of these domestic violence rehabilitation centers also offer therapeutic programs for those directly and indirectly affected by domestic abuse. They offer varying levels to fit the level of abuse that victims have suffered in the past.
Criminal law is never always about punitively punishing an individual for a crime they committed. It can also be rehabilitative, seeking to help the offender reintegrate into society after serving time for a domestic violence charge in Nevada.