[Rev. 2/10/2015 4:36:21
PM--2014R2]
CHAPTER 212 - OFFENSES RELATING TO PRISONS
AND PRISONERS
PROTECTION OF PRISONERS
NRS 212.010 Punishment
for unauthorized injury of prisoner; forfeiture abolished except when
statutorily authorized.
NRS 212.020 Inhumanity
to prisoners.
ESCAPES AND RELATED OFFENSES
NRS 212.030 Warrant
for arrest of escaped prisoner.
NRS 212.040 Expenses
of recapture and return of escaped prisoners.
NRS 212.050 Authority
to offer reward in certain cases.
NRS 212.070 Expenses
of prosecuting prisoner and person acting in concert with prisoner who escapes
or commits crime while incarcerated.
NRS 212.080 Recapture
and imprisonment.
NRS 212.090 Penalties
for prisoner who escapes.
NRS 212.093 Manufacture
or possession by prisoner of items adapted, designed or commonly used to escape
prohibited; penalty; exception.
NRS 212.095 Unauthorized
absences which constitute escape from prison; punishment; exception.
NRS 212.100 Aiding
prisoner to escape.
NRS 212.110 Custodian
permitting escape.
NRS 212.120 Ministerial
officer permitting escape.
NRS 212.130 Concealing
escaped prisoner.
OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITH PRISONERS
NRS 212.140 Unauthorized
communication with prisoner.
NRS 212.150 Communication
with person charged or convicted of felony in county jail.
NRS 212.160 Furnishing
weapon, facsimile, intoxicant or controlled substance to state prisoner;
possession of controlled substance by state prisoner.
NRS 212.165 Prohibition
on furnishing portable telecommunications device to prisoner and on possession
of such devices in jail or institution or facility of Department of Corrections;
penalties; petition for modification of sentence.
NRS 212.170 Furnishing
intoxicant to person lawfully confined in jail or detention facility.
NRS 212.180 Sale
of liquor within half mile of institution of Department of Corrections
unlawful; restriction on granting of new licenses.
NRS 212.185 Possession
or control of dangerous weapon or facsimile by incarcerated person prohibited.
NRS 212.187 Voluntary
sexual conduct between prisoner and another person; penalty.
NRS 212.189 Unlawful
acts related to human excrement or bodily fluid; penalty; investigation;
testing for communicable diseases; plea bargaining prohibited.
PRIVATE FACILITIES AND INSTITUTIONS
NRS 212.1895 Applicability
of certain provisions to custodian and prisoner assigned to private facility or
institution; training to perform duties of correctional officer at private
facility or institution; reimbursement to State for expenses relating to
prisoner who escapes from private facility or institution.
DAMAGE TO PRISONS AND JAILS
NRS 212.190 Penalty.
ELECTRONIC SUPERVISION
NRS 212.220 Penalties
for absence without authorization or tampering with electronic device;
restitution.
_________
_________
PROTECTION OF PRISONERS
NRS 212.010 Punishment for unauthorized injury of prisoner; forfeiture
abolished except when statutorily authorized.
1. Every person sentenced to imprisonment
in any penal institution is under the protection of the law, and any
unauthorized injury to his or her person shall be punished in the same manner
as if he or she were not so convicted or sentenced.
2. A conviction of crime does not work a
forfeiture of any property, real or personal, or of any right or interest
therein unless otherwise specifically authorized by statute. All forfeitures in
the nature of deodands, or in case of suicide or where a person flees from
justice, are abolished.
[1911 C&P § 13; RL § 6278; NCL § 9962]—(NRS A 1985, 1468)
NRS 212.020 Inhumanity to prisoners.
1. A jailer or person who is guilty of
willful inhumanity or oppression to any prisoner under the care or custody of
the jailer or person shall be punished:
(a) Where the prisoner suffers substantial bodily
harm from the inhumanity or oppression, for a category D felony as provided in NRS 193.130.
(b) Where no substantial bodily harm results, for
a gross misdemeanor.
2. Whether or not the prisoner suffers
substantial bodily harm, any public officer guilty of willful inhumanity is
guilty of a malfeasance in office.
[Part 62:108:1866; B § 2660; BH § 1697; C § 1843; RL
§ 2818; NCL § 4818]—(NRS A 1967, 524; 1995, 1255)
ESCAPES AND RELATED OFFENSES
NRS 212.030 Warrant for arrest of escaped prisoner.
1. When any prisoner escapes from an
institution or facility of the Department of Corrections, the Director of the
Department may issue a warrant for the recapture of the escaped prisoner. The
warrant is effective in any county in this State, and may command the sheriff
of any county in this State, or any constable thereof, or any police officer of
any city in this State, to arrest and return the prisoner to the Director.
2. When any prisoner escapes from a jail,
branch county jail or other local detention facility, the sheriff, chief of
police or other officer responsible for the operation of the facility may issue
a warrant for the recapture of the escaped prisoner. The warrant is effective
in any county in this State, and may command the sheriff of any county in this
State, or any constable thereof, or any police officer of any city in this
State, to arrest and return the prisoner to the officer who issued the warrant.
[1:72:1866; B § 3765; BH § 1425; C § 1446; RL § 7594;
NCL § 11491]—(NRS A 1977, 868; 1983, 726; 1991, 19; 2001
Special Session, 198)
NRS 212.040 Expenses of recapture and return of escaped prisoners.
1. If an escape is not the result of
carelessness, incompetency or other official delinquency of the Director or
other officers of the Department of Corrections, all expenses of enforcing the
provisions of NRS 212.030 or appertaining to the
recapture and return of escaped convicts are a charge against the State, and
must be paid out of the Reserve for Statutory Contingency Account upon approval
by the State Board of Examiners.
2. Except as otherwise provided in NRS 211.060, all expenses of enforcing the
provisions of NRS 212.030 or appertaining to the
recapture and return of escaped convicts are a charge against the county, city
or other local government responsible for the operation of that facility.
[2:72:1866; A 1955, 625]—(NRS A 1963, 1111; 1977, 868; 1991, 19, 1755, 1823; 2001
Special Session, 198)
NRS 212.050 Authority to offer reward in certain cases.
1. If any person who has been sentenced to
confinement in the state prison, by any court having competent authority within
this State, escapes therefrom, or is charged with murder or the perpetration of
any crime punishable with death, the Governor may, upon satisfactory evidence
of the guilt of the accused, offer a reward for information that leads to his
or her apprehension. The reward offered by the Governor must not exceed the sum
of $5,000, and must be paid out of the Reserve for Statutory Contingency
Account upon approval by the State Board of Examiners.
2. If any person who has been sentenced to
confinement in a jail, branch county jail or other local detention facility by
any court having competent authority within this State, escapes therefrom, or
is charged with murder or the perpetration of any crime punishable with death,
the board of county commissioners of the county, the governing body of the city
or other local government responsible for the operation of the facility may,
upon satisfactory evidence of the guilt of the accused, offer a reward for information
that leads to his or her apprehension. The reward offered by the board,
governing body or other local government must not exceed the sum of $5,000.
[80:108:1866; B § 2678; BH § 1715; C § 1861; RL §
2831; NCL § 4831]—(NRS A 1963, 1111; 1971, 8; 1991, 19, 1755, 1823)
NRS 212.070 Expenses of prosecuting prisoner and person acting in concert
with prisoner who escapes or commits crime while incarcerated.
1. The expenses and costs of prosecuting
any person for escaping from, or breaking out of, the state prison, or attempting
so to do, or for the commission of any crime while a prisoner therein, or any
person acting in concert with such a prisoner, whether as a principal or
accessory, are a charge against the State and must be paid from the Reserve for
Statutory Contingency Account upon approval by the State Board of Examiners.
2. The expenses and costs of prosecuting
any person or persons for escaping from, or breaking out of, a jail, branch
county jail or other local detention facility or attempting so to do, or for
the commission of any crime while a prisoner therein, or any person acting in
concert with such a prisoner, whether as a principal or accessory, are a charge
against the county, city or other local government responsible for the
operation of that facility.
[1911 C&P § 555; A 1955, 625]—(NRS A 1963, 1112; 1991, 20, 1755, 1824; 1993, 457)
NRS 212.080 Recapture and imprisonment. Every
person in custody, under sentence of imprisonment for any crime, who shall
escape from custody, may be recaptured and imprisoned for a term equal to the
unexpired portion of the original term.
[1911 C&P § 73; RL § 6338; NCL § 10022]
NRS 212.090 Penalties for prisoner who escapes. A
prisoner confined in a prison, or being in the lawful custody of an officer or
other person, who escapes or attempts to escape from prison or custody, if the
prisoner is held on a charge, conviction or sentence of:
1. A felony, shall be punished:
(a) Where a dangerous weapon is used or one or
more hostages are taken to facilitate the escape or attempted escape, or
substantial bodily harm results to anyone as a direct result of the escape or
attempted escape, for a category B felony by imprisonment in the state prison
for a minimum term of not less than 2 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $20,000. The
sentence imposed pursuant to this paragraph must run consecutively after any
sentence imposed for the original felony, and is not subject to suspension or
the granting of probation.
(b) Where none of the aggravating factors
specified in paragraph (a) are present, for a category B felony by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 10 years, and may be further punished by a fine of not
more than $10,000.
2. A gross misdemeanor or misdemeanor,
shall be punished:
(a) Where a dangerous weapon is used to
facilitate the escape or attempted escape, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years, and may be further punished by a fine
of not more than $5,000.
(b) Where no dangerous weapon is used, for a
gross misdemeanor.
[1911 C&P § 74; A 1955, 191]—(NRS A 1967, 524;
1973, 67; 1979,
1456; 1995,
1255)
NRS 212.093 Manufacture or possession by prisoner of items adapted, designed
or commonly used to escape prohibited; penalty; exception.
1. Except as otherwise provided in
subsection 4, a prisoner who is in lawful custody or confinement, other than
residential confinement, shall not knowingly manufacture, possess or have in
his or her custody or control any key, picklock, bolt cutters, wire cutters,
saw, digging tool, rope, ladder, hook or any other tool or item adapted,
designed or commonly used for the purpose of escaping or attempting to escape
from lawful custody or confinement, whether or not such an escape or attempted
escape actually occurs.
2. A prisoner who violates any provision
of subsection 1 and who is in lawful custody or confinement for a charge,
conviction or sentence for:
(a) A felony, shall be punished for a category B
felony by imprisonment in the state prison for a minimum term of not less than
1 year and a maximum term of not more than 6 years, and may be further punished
by a fine of not more than $5,000.
(b) A gross misdemeanor or misdemeanor, shall be
punished for a gross misdemeanor.
3. A sentence imposed upon a prisoner pursuant
to this section:
(a) Is not subject to suspension or the granting
of probation; and
(b) Must run consecutively after the prisoner has
served any sentences imposed upon the prisoner for the offense or offenses for
which the prisoner was in lawful custody or confinement when the prisoner
violated the provisions of subsection 1.
4. The provisions of this section do not
apply to a prisoner who commits an act described in subsection 1 if the act is
authorized by the warden, sheriff, administrator or other person responsible
for administering the prison, or his or her designee, and the prisoner performs
the act in accordance with the directions or instructions given to the prisoner
by that person.
(Added to NRS by 2003, 1184)
NRS 212.095 Unauthorized absences which constitute escape from prison;
punishment; exception.
1. Any unauthorized absence from the place
of assignment by an offender who is on temporary furlough, participating in a
work or educational release program or otherwise in a classification assignment
under the provisions of chapter 209 of NRS,
constitutes an escape from prison which is a category B felony and the offender
shall be punished as provided in NRS 212.090.
2. This section does not apply to
offenders released on parole.
(Added to NRS by 1977, 854; A 1995, 1255)
NRS 212.100 Aiding prisoner to escape. A
person who, with the intent to effect or facilitate the escape of a prisoner,
whether the escape is effected or attempted or not, conveys or sends to a
prisoner any information or aid, or conveys or sends into a prison any
disguise, instrument, weapon or other thing, or aids or assists a prisoner in
escaping or attempting to escape from the lawful custody of a sheriff or other
officer or person, shall be punished if the prisoner is held upon a charge,
arrest, commitment, conviction or a sentence:
1. For a felony, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 10 years, and may be further punished by a
fine of not more than $10,000.
2. For a gross misdemeanor or misdemeanor:
(a) Where a dangerous weapon is used to effect or
facilitate the escape or attempted escape, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years, and may be further punished by a fine
of not more than $5,000.
(b) Where no dangerous weapon is used, for a
gross misdemeanor.
[1911 C&P § 75; RL § 6340; NCL § 10024]—(NRS A
1967, 524; 1979,
1457; 1995,
1256)
NRS 212.110 Custodian permitting escape. A
person who willfully allows a prisoner lawfully in the custody of the person to
escape, or connives at or assists such an escape, or willfully omits any act or
duty by reason of which an escape is occasioned, contributed to or assisted, is
guilty of a category B felony and shall, if the person connives at or assists
the escape, be punished by imprisonment in the state prison for a minimum term
of not less than 1 year and a maximum term of not more than 6 years, and may be
further punished by a fine of not more than $10,000, and in any other case, is
guilty of a gross misdemeanor.
[1911 C&P § 76; RL § 6341; NCL § 10025]—(NRS A
1967, 525; 1979,
1457; 1995,
1256)
NRS 212.120 Ministerial officer permitting escape. An
officer who asks or receives, directly or indirectly, any compensation,
gratuity or reward, or promise thereof, to procure, assist, connive at or
permit any prisoner in the custody of the officer to escape, whether the escape
is attempted or not, or commits any unlawful act tending to hinder justice, is
guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, and may be further punished by a fine of not more than
$10,000.
[1911 C&P § 77; RL § 6342; NCL § 10026]—(NRS A
1967, 525; 1979,
1457; 1995,
1256)
NRS 212.130 Concealing escaped prisoner. A
person who knowingly conceals, or harbors for the purpose of concealment, a
prisoner who has escaped or is escaping from custody shall be punished,
according to the charge or conviction or sentence upon which the prisoner was
held:
1. For a category C felony as provided in NRS 193.130, if the prisoner was held for
a felony.
2. For a gross misdemeanor, if the
prisoner was held for a gross misdemeanor.
3. For a misdemeanor, if the prisoner was
held for a misdemeanor.
[1911 C&P § 78; RL § 6343; NCL § 10027]—(NRS A
1967, 525; 1979,
1458; 1995,
1256)
OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITH
PRISONERS
NRS 212.140 Unauthorized communication with prisoner. Every person who, not being authorized by law
or by any officer authorized thereby, shall have any verbal communication with
any prisoner in any jail, prison or other penal institution, or shall bring
into or convey out of the same any writing, clothing, food, tobacco or any
article whatsoever, shall be guilty of a misdemeanor.
[1911 C&P § 108; RL § 6373; NCL § 10057]
NRS 212.150 Communication with person charged or convicted of felony in
county jail.
1. A person shall not visit, or in any
manner communicate with, any prisoner convicted of or charged with any felony,
imprisoned in the county jail, other than the officer having such prisoner in
charge, the prisoner’s attorney or the district attorney, unless the person has
a written permission so to do, signed by the district attorney, or has the
consent of the Director of the Department of Corrections or the constable or
sheriff having such prisoner in charge.
2. Any person violating, aiding in,
conniving at or participating in the violation of this section is guilty of a
gross misdemeanor.
[1911 C&P § 552; RL § 6817; NCL § 10497]—(NRS A
1967, 525; 1977,
869; 2001
Special Session, 198)
NRS 212.160 Furnishing weapon, facsimile, intoxicant or controlled substance
to state prisoner; possession of controlled substance by state prisoner.
1. A person, who is not authorized by law,
who knowingly furnishes, attempts to furnish, or aids or assists in furnishing
or attempting to furnish to a prisoner confined in an institution of the
Department of Corrections, or any other place where prisoners are authorized to
be or are assigned by the Director of the Department, any deadly weapon,
explosive, a facsimile of a firearm or an explosive, any controlled substance
or intoxicating liquor, shall be punished:
(a) Where a deadly weapon, controlled substance,
explosive or a facsimile of a firearm or explosive is involved, for a category
B felony by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, and may be further
punished by a fine of not more than $5,000.
(b) Where an intoxicant is involved, for a gross
misdemeanor.
2. Knowingly leaving or causing to be left
any deadly weapon, explosive, facsimile of a firearm or explosive, controlled
substance or intoxicating liquor where it may be obtained by any prisoner
constitutes, within the meaning of this section, the furnishing of the article
to the prisoner.
3. A prisoner confined in an institution
of the Department of Corrections, or any other place where prisoners are
authorized to be or are assigned by the Director of the Department, who
possesses a controlled substance without lawful authorization is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
[1:163:1949; 1943 NCL § 11474.01]—(NRS A 1963, 520;
1967, 525; 1971, 2026; 1977, 869; 1979, 1458; 1985, 596; 1987, 1548; 1995, 1257; 2001
Special Session, 198)
NRS 212.165 Prohibition on furnishing portable telecommunications device to
prisoner and on possession of such devices in jail or institution or facility
of Department of Corrections; penalties; petition for modification of sentence.
1. A person shall not, without lawful
authorization, knowingly furnish, attempt to furnish, or aid or assist in
furnishing or attempting to furnish to a prisoner confined in an institution or
a facility of the Department of Corrections, or any other place where prisoners
are authorized to be or are assigned by the Director of the Department, a
portable telecommunications device. A person who violates this subsection is
guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. A person shall not, without lawful
authorization, carry into an institution or a facility of the Department, or
any other place where prisoners are authorized to be or are assigned by the
Director of the Department, a portable telecommunications device. A person who
violates this subsection is guilty of a misdemeanor.
3. A prisoner confined in an institution
or a facility of the Department, or any other place where prisoners are
authorized to be or are assigned by the Director of the Department, shall not,
without lawful authorization, possess or have in his or her custody or control
a portable telecommunications device. A prisoner who violates this subsection
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. A prisoner confined in a jail or any
other place where such prisoners are authorized to be or are assigned by the
sheriff, chief of police or other officer responsible for the operation of the
jail, shall not, without lawful authorization, possess or have in his or her
custody or control a portable telecommunications device. A prisoner who
violates this subsection and who is in lawful custody or confinement for a
charge, conviction or sentence for:
(a) A felony is guilty of a category D felony and
shall be punished as provided in NRS
193.130.
(b) A gross misdemeanor is guilty of a gross
misdemeanor.
(c) A misdemeanor is guilty of a misdemeanor.
5. A sentence imposed upon a prisoner pursuant
to subsection 3 or 4:
(a) Is not subject to suspension or the granting
of probation; and
(b) Must run consecutively after the prisoner has
served any sentences imposed upon the prisoner for the offense or offenses for
which the prisoner was in lawful custody or confinement when the prisoner
violated the provisions of subsection 3 or 4.
6. A person who was convicted and
sentenced pursuant to subsection 4 may file a petition, if the underlying
charge for which the person was in lawful custody or confinement has been
reduced to a charge for which the penalty is less than the penalty which was
imposed upon the person pursuant to subsection 4, with the court of original
jurisdiction requesting that the court, for good cause shown:
(a) Order that his or her sentence imposed
pursuant to subsection 4 be modified to a sentence equivalent to the penalty
imposed for the underlying charge for which the person was convicted; and
(b) Resentence him or her in accordance with the
penalties prescribed for the underlying charge for which the person was
convicted.
7. A person who was convicted and
sentenced pursuant to subsection 4 may file a petition, if the underlying
charge for which the person was in lawful custody or confinement has been
declined for prosecution or dismissed, with the court of original jurisdiction
requesting that the court, for good cause shown:
(a) Order that his or her original sentence
pursuant to subsection 4 be reduced to a misdemeanor; and
(b) Resentence him or her in accordance with the
penalties prescribed for a misdemeanor.
8. No person has a right to the
modification of a sentence pursuant to subsection 6 or 7, and the granting or
denial of a petition pursuant to subsection 6 or 7 does not establish a basis
for any cause of action against this State, any political subdivision of this
State or any agency, board, commission, department, officer, employee or agent
of this State or a political subdivision of this State.
9. As used in this section:
(a) “Facility” has the meaning ascribed to it in NRS 209.065.
(b) “Institution” has the meaning ascribed to it
in NRS 209.071.
(c) “Jail” means a jail, branch county jail or
other local detention facility.
(d) “Telecommunications device” has the meaning
ascribed to it in subsection 3 of NRS
209.417.
(Added to NRS by 2007, 72; A 2013, 2095)
NRS 212.170 Furnishing intoxicant to person lawfully confined in jail or
detention facility.
1. Any person who sells, barters,
exchanges or in any manner disposes of any spirituous or malt liquor or
beverage to any person confined in any county or city jail or detention
facility is guilty of a gross misdemeanor.
2. This section does not apply to any
physician prescribing or furnishing liquor to any such person, when the liquor
is prescribed or furnished for medicinal purposes only.
[Part 1911 C&P § 220; RL § 6485; NCL §
10167]—(NRS A 1967, 526; 1989, 1177)
NRS 212.180 Sale of liquor within half mile of institution of Department of
Corrections unlawful; restriction on granting of new licenses. It is unlawful for any person, unless the
person was licensed to sell alcoholic beverages at that address before July 1,
1983, to sell by wholesale or retail any alcoholic beverage within one-half
mile of any institution under the jurisdiction of the Department of Corrections
which is designed to house 125 or more offenders within a secure perimeter, and
no license may be granted authorizing the sale of any alcoholic beverage within
one-half mile of such an institution.
[1911 C&P § 239; RL § 6504; NCL § 10186]—(NRS A 1979, 1458; 1983, 381; 2001
Special Session, 199)
NRS 212.185 Possession or control of dangerous weapon or facsimile by
incarcerated person prohibited.
1. A person who is incarcerated in the
state prison or any county or city jail or detention facility or other
correctional facility in this State, or is transferred for medical or
psychiatric treatment at another institution, or is in transit to or from such
facility, or is in the legal custody of any correctional officer or employee,
and who possesses or has in his or her custody or control any:
(a) Instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
(b) Explosive substance, including fixed
ammunition, or any incendiary or explosive device;
(c) Dirk, dagger, switchblade knife or sharp
instrument;
(d) Pistol, revolver or other firearm;
(e) Facsimile of a firearm or an explosive;
(f) Device capable of propelling a projectile
with sufficient force to cause bodily harm, including, but not limited to, a
pellet gun, slingshot, blowgun, crossbow or bow and arrow; or
(g) Other similar weapon, instrument or device,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of not more than
6 years.
2. For the purposes of this section,
incarceration begins upon assignment to a cell or other place within the
correctional facility after completion of the initial booking procedure.
(Added to NRS by 1977, 269; A 1985, 596; 1989, 1177; 1995, 1257)
NRS 212.187 Voluntary sexual conduct between prisoner and another person;
penalty.
1. A prisoner who is in lawful custody or
confinement, other than in the custody of the Division of Parole and Probation
of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, and
who voluntarily engages in sexual conduct with another person is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
2. A person who voluntarily engages in
sexual conduct with a prisoner who is in lawful custody or confinement, other
than in the custody of the Division of Parole and Probation of the Department
of Public Safety pursuant to NRS 209.4886
or 209.4888 or residential
confinement, is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
3. As used in this section, “sexual
conduct”:
(a) Includes acts of masturbation, sexual
penetration or physical contact with another person’s clothed or unclothed
genitals or pubic area to arouse, appeal to or gratify the sexual desires of a
person.
(b) Does not include acts of a person who has
custody of a prisoner or an employee of the institution in which the prisoner
is confined that are performed to carry out the necessary duties of such a
person or employee.
(Added to NRS by 1981, 613; A 1997, 1643; 1999, 2882; 2001, 1164, 1937; 2001
Special Session, 157; 2003, 26, 29, 2581; 2013, 1169)
NRS 212.189 Unlawful acts related to human excrement or bodily fluid;
penalty; investigation; testing for communicable diseases; plea bargaining
prohibited.
1. Except as otherwise provided in
subsection 10, a prisoner who is under lawful arrest, in lawful custody or in
lawful confinement shall not knowingly:
(a) Store or stockpile any human excrement or
bodily fluid;
(b) Sell, supply or provide any human excrement
or bodily fluid to any other person;
(c) Buy, receive or acquire any human excrement
or bodily fluid from any other person; or
(d) Use, propel, discharge, spread or conceal, or
cause to be used, propelled, discharged, spread or concealed, any human
excrement or bodily fluid:
(1) With the intent to have the excrement
or bodily fluid come into physical contact with any portion of the body of
another person, including, without limitation, an officer or employee of a
prison or law enforcement agency, whether or not such physical contact actually
occurs; or
(2) Under circumstances in which the
excrement or bodily fluid is reasonably likely to come into physical contact
with any portion of the body of another person, including, without limitation,
an officer or employee of a prison or law enforcement agency, whether or not
such physical contact actually occurs.
2. Except as otherwise provided in
subsection 4, if a prisoner who is under lawful arrest or in lawful custody
violates any provision of subsection 1, the prisoner is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense or any subsequent
offense, a category D felony and shall be punished as provided in NRS 193.130.
3. Except as otherwise provided in
subsection 4, if a prisoner who is in lawful confinement, other than
residential confinement, violates any provision of subsection 1, the prisoner
is guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 2 years and a maximum term of
not more than 10 years, and may be further punished by a fine of not more than
$10,000.
4. If a prisoner who is under lawful
arrest, in lawful custody or in lawful confinement violates any provision of
paragraph (d) of subsection 1 and, at the time of the offense, the prisoner
knew that any portion of the excrement or bodily fluid involved in the offense
contained a communicable disease that causes or is reasonably likely to cause
substantial bodily harm, whether or not the communicable disease was
transmitted to a victim as a result of the offense, the prisoner is guilty of a
category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served,
Ê and may be
further punished by a fine of not more than $50,000.
5. A sentence imposed upon a prisoner
pursuant to subsection 2, 3 or 4:
(a) Is not subject to suspension or the granting
of probation; and
(b) Must run consecutively after the prisoner has
served any sentences imposed upon the prisoner for the offense or offenses for
which the prisoner was under lawful arrest, in lawful custody or in lawful
confinement when the prisoner violated the provisions of subsection 1.
6. In addition to any other penalty, the
court shall order a prisoner who violates any provision of paragraph (d) of
subsection 1 to reimburse the appropriate person or governmental body for the
cost of any examinations or testing:
(a) Conducted pursuant to paragraphs (a) and (b)
of subsection 8; or
(b) Paid for pursuant to subparagraph (2) of
paragraph (c) of subsection 8.
7. The warden, sheriff, administrator or
other person responsible for administering a prison shall immediately and fully
investigate any act described in subsection 1 that is reported or suspected to
have been committed in the prison.
8. If there is probable cause to believe
that an act described in paragraph (d) of subsection 1 has been committed in a
prison:
(a) Each prisoner believed to have committed the
act or to have been the bodily source of any portion of the excrement or bodily
fluid involved in the act shall submit to any appropriate examinations and
testing to determine whether each such prisoner has any communicable disease.
(b) If possible, a sample of the excrement or
bodily fluid involved in the act must be recovered and tested to determine
whether any communicable disease is present in the excrement or bodily fluid.
(c) If the excrement or bodily fluid involved in
the act came into physical contact with any portion of the body of an officer
or employee of a prison or law enforcement agency:
(1) The results of any examinations or testing
conducted pursuant to paragraphs (a) and (b) must be provided to each such
officer, employee or other person; and
(2) For each such officer or employee:
(I) Of a prison, the person or
governmental body operating the prison where the act was committed shall pay
for any appropriate examinations and testing requested by the officer or
employee to determine whether a communicable disease was transmitted to the
officer or employee as a result of the act; and
(II) Of any law enforcement agency,
the law enforcement agency that employs the officer or employee shall pay for
any appropriate examinations and testing requested by the officer or employee
to determine whether a communicable disease was transmitted to the officer or
employee as a result of the act.
(d) The results of the investigation conducted
pursuant to subsection 7 and the results of any examinations or testing
conducted pursuant to paragraphs (a) and (b) must be submitted to the district
attorney of the county in which the act was committed or to the Office of the
Attorney General for possible prosecution of each prisoner who committed the
act.
9. If a prisoner is charged with
committing an act described in paragraph (d) of subsection 1 and a victim or an
intended victim of the act was an officer or employee of a prison or law
enforcement agency, the prosecuting attorney shall not dismiss the charge in
exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a
lesser charge or for any other reason unless the prosecuting attorney knows or
it is obvious that the charge is not supported by probable cause or cannot be
proved at the time of trial.
10. The provisions of this section do not
apply to a prisoner who is in residential confinement or to a prisoner who
commits an act described in subsection 1 if the act:
(a) Is otherwise lawful and is authorized by the
warden, sheriff, administrator or other person responsible for administering
the prison, or his or her designee, and the prisoner performs the act in
accordance with the directions or instructions given to the prisoner by that
person;
(b) Involves the discharge of human excrement or
bodily fluid directly from the body of the prisoner and the discharge is the
direct result of a temporary or permanent injury, disease or medical condition
afflicting the prisoner that prevents the prisoner from having physical control
over the discharge of his or her own excrement or bodily fluid; or
(c) Constitutes voluntary sexual conduct with
another person in violation of the provisions of NRS
212.187.
(Added to NRS by 1999, 2676; A 2003, 1485; 2007, 1442; 2009, 150)
PRIVATE FACILITIES AND INSTITUTIONS
NRS 212.1895 Applicability of certain provisions to custodian and prisoner
assigned to private facility or institution; training to perform duties of
correctional officer at private facility or institution; reimbursement to State
for expenses relating to prisoner who escapes from private facility or
institution.
1. The provisions of this section and NRS 212.030 to 212.130,
inclusive, and 212.160 to 212.189,
inclusive, apply to:
(a) A person who has custody of a prisoner
assigned to a private facility or institution in this State; and
(b) A prisoner assigned to a private facility or
institution in this State,
Ê to the same
extent that those provisions would apply if the prisoner had been assigned to a
facility or institution operated by the Department of Corrections.
2. A private organization that operates a
private facility or institution must provide training to any person employed by
the private facility or institution to perform the duties of a correctional
officer described in subsection 5 of NRS
209.131. The training must be equivalent to the training provided to a
correctional officer in this State.
3. The private organization that operates
a private facility or institution must reimburse the State for any expenses
charged against the State or paid by the State pursuant to NRS 212.040, 212.050 or 212.070 concerning a prisoner who escapes from the
private facility or institution.
4. As used in this section:
(a) “Prisoner” means any person who is:
(1) Convicted of a crime under the laws of
this State and sentenced to imprisonment in the state prison; or
(2) Convicted of a crime under the laws of
another jurisdiction and sentenced to imprisonment by that jurisdiction.
(b) “Private facility or institution” has the
meaning ascribed to it in NRS 209.083.
(Added to NRS by 2009, 2821)
DAMAGE TO PRISONS AND JAILS
NRS 212.190 Penalty. If any
person shall, willfully and intentionally, break down, pull down, or otherwise
destroy or injure, in whole or in part, any public jail or other place of
confinement, every person so offending is guilty of a public offense proportionate
to the value of the loss resulting therefrom, and in no event less than a gross
misdemeanor.
[1911 C&P § 493; RL § 6758; NCL § 10440]—(NRS A
1967, 526)
ELECTRONIC SUPERVISION
NRS 212.220 Penalties for absence without authorization or tampering with
electronic device; restitution.
1. Except as otherwise provided in NRS 213.400, a person who has been
arrested for, charged with or convicted of a felony or a gross misdemeanor, who
is being supervised electronically pursuant to such an arrest, charge or
conviction and who:
(a) Is absent or attempts to be absent from his
or her residence, employment or other activity authorized by the supervising
agency without authorization; or
(b) Removes or disables or attempts to remove or
disable the electronic device used to supervise the person,
Ê is guilty of
a gross misdemeanor.
2. A person who has been arrested for,
charged with or convicted of a misdemeanor, who is supervised electronically
pursuant to such an arrest, charge or conviction and who:
(a) Is absent or attempts to be absent from his
or her residence, employment or other activity authorized by the supervising
agency without authorization; or
(b) Removes or disables or attempts to remove or
disable the electronic device used to supervise the person,
Ê is guilty of
a misdemeanor.
3. In addition to any other penalty, the
court shall order the person to pay restitution for any damage to or loss of
the electronic device used to supervise the person.
4. A sentence imposed pursuant to this
section must run consecutively with the sentence imposed for the original
offense.
(Added to NRS by 1997, 1225)
