[Rev. 2/10/2015 4:35:18
PM--2014R2]
CHAPTER 209 - DEPARTMENT OF CORRECTIONS
DEFINITIONS
NRS 209.011 Definitions.
NRS 209.021 “Board”
defined.
NRS 209.031 “Classification”
defined.
NRS 209.041 “Custody”
defined.
NRS 209.051 “Department”
defined.
NRS 209.061 “Director”
defined.
NRS 209.065 “Facility”
defined.
NRS 209.071 “Institution”
defined.
NRS 209.075 “Manager”
defined.
NRS 209.081 “Offender”
defined.
NRS 209.083 “Private
facility or institution” defined.
NRS 209.085 “Warden”
defined.
ADMINISTRATION OF DEPARTMENT
NRS 209.101 Department
created; Board of State Prison Commissioners.
NRS 209.111 Powers
and duties of Board.
NRS 209.116 Board
to adopt regulations establishing maximum number of prisoners who may be
incarcerated in private facility or institution.
NRS 209.121 Director
of Department: Appointment; qualifications; salary; other employment
prohibited.
NRS 209.131 Director
of Department: Duties.
NRS 209.1315 Director
of Department: Training of correctional staff.
NRS 209.132 Director
of Department: Authority to delegate powers, duties or functions.
NRS 209.134 Director
of Department: Submission to county clerk of list of offenders released from
prison or discharged from parole.
NRS 209.136 Director
of Department: Notification of Legislature regarding certain matters.
NRS 209.141 Agreements
with governmental agencies and private organizations.
NRS 209.151 Deputy
directors: Appointment; duties; other employment prohibited.
NRS 209.153 Deputy
Director for Industrial Programs: Retirement benefits.
NRS 209.161 Wardens
of institutions: Appointment; duties.
NRS 209.181 Officers
and employees residing at institution or facility: Charges and perquisites;
notice to Legislature.
NRS 209.183 Travel
expenses authorized for certain employees at specified correctional centers and
conservation camps; exceptions.
NRS 209.189 Fund
for Prison Industries.
NRS 209.192 Fund
for New Construction of Facilities for Prison Industries.
NRS 209.201 Prison
Revolving Account. [Repealed.]
NRS 209.221 Offenders’
Store Fund.
NRS 209.225 Investment
and disbursement of interest and income of Offenders’ Store Fund.
NRS 209.229 Operation
of vending machines in visitors’ areas; profits from operation to be deposited
in Offenders’ Store Fund.
NRS 209.231 Deposit
of money received from operation of conservation camp into Division of Forestry
Account; powers and duties of State Forester Firewarden.
NRS 209.239 Regulation
of personal property of offenders.
NRS 209.241 Safekeeping
of money and valuables of offenders: Prisoners’ Personal Property Fund; duties
of Director; withdrawals by offenders; disbursement of interest and income;
penalties; exemptions.
NRS 209.243 Administrative
claim by prisoner for loss of personal property, property damage, personal
injuries or other claims; regulations.
NRS 209.244 Attorney
General may establish program for mediating complaints from offenders; duties.
NRS 209.246 Deductions
from individual account of offender.
NRS 209.247 Deductions
from individual account of offender: Order of priority.
NRS 209.2475 Deductions
from individual account of offender: Limitations; disposition of remaining
money upon release of offender; reduction or elimination; transmittal.
NRS 209.248 Account
for disbursements to offenders: Establishment; use; reimbursement.
NRS 209.251 Books
and papers kept by Board or Director: Inspection; delivery to successors.
TRANSPORTATION AND TRANSFER OF OFFENDERS
NRS 209.261 Transportation
of offender to appropriate institution or facility.
NRS 209.273 Unnecessary
expense not allowed; offenders transported collectively.
NRS 209.274 Transportation
of offender to appear before court.
NRS 209.2745 Payment
for transportation of offender to appear as witness in action for small claims.
NRS 209.276 Reimbursement
for transportation of witness in action by offender concerning civil rights.
NRS 209.281 Temporary
interstate transportation.
NRS 209.291 Transfer
of offenders: Within Department; to other governmental agencies; between United
States and foreign country.
NRS 209.293 Transfer
of offender to correctional institution of another state.
NRS 209.301 Transfer
of minors to state facility for detention of children.
NRS 209.311 Transfer
of persons detained in local facility to institution or facility of Department
for safekeeping.
NRS 209.321 Transfer
of offender for psychiatric observation or treatment.
NRS 209.331 Medical
evaluation or treatment of offender outside institution or facility.
CUSTODY, CARE AND EDUCATION OF OFFENDERS
NRS 209.341 Director
to establish system of initial classification and evaluation for offenders;
assignment of offender to appropriate institution or facility of Department.
NRS 209.351 Director
to establish system of ongoing classification and evaluation for offenders and
to maintain records.
NRS 209.3515 Director
may request or provide medical or mental health records of certain offenders.
NRS 209.3517 Director
may apply for determination of eligibility for Medicaid on behalf of offender.
NRS 209.352 Director
may establish system for offender management.
NRS 209.353 Department
to collect and submit information regarding offenders to Central Repository for
Nevada Records of Criminal History.
NRS 209.354 Department
to monitor each private facility or institution which houses prisoners who are
incarcerated pursuant to authority of another state; reimbursement for costs of
such monitoring.
NRS 209.356 Director
to establish program of regimental discipline.
NRS 209.361 Director
to adopt regulations and penalties for violations.
NRS 209.365 Director
to establish program to prevent offenders from possessing or receiving certain
publications.
NRS 209.367 Director
to establish program for testing of offenders for use of alcohol and controlled
substances.
NRS 209.371 Corporal
punishment and inhumane treatment prohibited.
NRS 209.376 Limitations
on use of restraints on offender who is in labor, delivering her baby or
recuperating from delivery.
NRS 209.381 Diet,
housing and hygiene of offenders; medical and dental services of institutions
and facilities.
NRS 209.3815 Autopsy
of offenders.
NRS 209.382 Chief
Medical Officer to examine and report on medical and dental services, diet of
offenders, sanitation and safety in institutions and facilities.
NRS 209.3825 Order
by court affecting conditions of confinement of prisoner; Director entitled to
notice and opportunity to be heard; exception.
NRS 209.385 Testing
offenders for exposure to human immunodeficiency virus; disclosure of name of
offender whose tests are positive; segregation of offender; duties of Director.
NRS 209.387 Legislative
findings and declarations regarding programs for education of offenders.
NRS 209.389 Board
to establish programs for general education, vocational education and training
and other rehabilitation.
NRS 209.391 Director
to administer programs of education, training and rehabilitation, to establish
programs for counseling, research, statistics and planning and to purchase
textbooks.
NRS 209.392 Residential
confinement: Duration; notification to victim; eligibility; violation of terms
or conditions; status; restitution.
NRS 209.3925 Residential
confinement or other appropriate supervision of offenders who are physically
incapacitated or in ill health: Eligibility; duration; notice; notification to
victim; effect of violation of terms or conditions; status; restitution.
NRS 209.393 Regulations
regarding literacy of offenders.
NRS 209.396 Limitations
on assignment of offender to industrial or vocational school; educational
requirements for offender with developmental, learning or other disability.
NRS 209.401 Director
may establish facilities for offenders to live in community.
NRS 209.417 Offenders
not to have access to telecommunications devices; exception.
NRS 209.419 Interception
of offender’s communications by telecommunications devices: Notice; exceptions.
NRS 209.423 Visits
and correspondence between offenders and others.
NRS 209.42305 Prisoner
contact with child of prisoner; use of equipment for videoconference.
TREATMENT OF ABUSERS OF ALCOHOL
OR DRUGS
Therapeutic Communities
NRS 209.4231 Definitions.
NRS 209.4232 “Division”
defined.
NRS 209.4233 “Program
of aftercare” defined.
NRS 209.4234 “Substance
abuser” defined.
NRS 209.4235 “Therapeutic
community” defined.
NRS 209.4236 Director
to establish therapeutic communities.
NRS 209.4237 Program
to evaluate offenders for participation in therapeutic community; assignment to
participate in therapeutic community.
NRS 209.4238 Programs
of aftercare.
NRS 209.4239 Removal
from therapeutic community or program of aftercare; Director may establish
conditions, sanctions and incentives regarding participation; immunity.
NRS 209.424 Offenders
excluded from participation.
NRS 209.4242 Director
may contract with qualified persons.
NRS 209.4244 Report
by Director to Legislature.
Program for Treatment of Certain Offenders Imprisoned for
Driving Under Influence of Intoxicating Liquor or Controlled Substance
NRS 209.425 Establishment
of program; program to include rehabilitation, education and counseling;
assignment of wages.
NRS 209.427 Assignment
of offender to program; withdrawal of offender from program.
NRS 209.429 Director
to assign offender to serve term of residential confinement under certain
circumstances; effect of violating terms or conditions of residential
confinement; status; restitution.
CREDITS ON TERM OF IMPRISONMENT
NRS 209.432 Definitions.
NRS 209.433 Credits
for offender sentenced on or before June 30, 1969.
NRS 209.443 Credits
for offender sentenced after June 30, 1969, for crime committed before July 1,
1985.
NRS 209.446 Credits
for offender sentenced for crime committed on or after July 1, 1985, but before
July 17, 1997.
NRS 209.4465 Credits
for offender sentenced for crime committed on or after July 17, 1997.
NRS 209.447 Credits
for offender sentenced after June 30, 1991, for crime committed before July 1,
1985, and released on parole.
NRS 209.4475 Credits
for offender on parole as of January 1, 2004, or released on parole on or after
January 1, 2004.
NRS 209.448 Credits
for completion of program of treatment for abuse of alcohol or drugs.
NRS 209.449 Credits
for completion of vocational education and training or other program.
NRS 209.4495 Limitation
on amount of credit offender may earn.
NRS 209.451 Forfeiture
and restoration of credits.
EMPLOYMENT OF OFFENDERS
NRS 209.457 Program
for operating conservation camps.
NRS 209.459 Employment
of offenders: Report on potential impacts of new program; program for
employment in services and manufacturing; submission of contract related to new
program for approval.
NRS 209.461 Duties
and powers of Director; requirements for programs for employment of offenders.
NRS 209.4615 Offender
to obtain approval of Director for employment, contractual activity or business
activity; private employment of offender.
NRS 209.462 Director
to provide secure facility for production of license plates.
NRS 209.463 Deductions
from wages earned by offender during incarceration; priority of deductions.
NRS 209.471 Offender
may be allowed to participate in program beneficial to community.
NRS 209.481 Assignment
of offender to institution or facility of minimum security.
INDUSTRIAL AND AGRICULTURAL PROGRAMS
NRS 209.4815 Procedure
for emergency purchase of supplies, materials or equipment.
NRS 209.4817 Committee
on Industrial Programs: Creation; members; terms of appointed members;
appointment of alternate members; payment of compensation, allowances and
travel expenses.
NRS 209.4818 Committee
on Industrial Programs: Duties.
RESTITUTION TO VICTIMS
NRS 209.4827 Centers
to house offenders.
NRS 209.4829 Assignment
of offender to center.
NRS 209.4831 Deduction
from wages of offender for living expenses.
NRS 209.4837 Agreement
for assignment and distribution of wages of offender; schedule of restitution.
NRS 209.4841 Distribution
of earnings of offender.
NRS 209.4843 Termination
of payments of restitution.
PROGRAMS OF REENTRY INTO COMMUNITY
NRS 209.4871 Definitions.
NRS 209.4873 “Correctional
program” defined.
NRS 209.4874 “Division”
defined.
NRS 209.4877 “Judicial
program” defined.
NRS 209.488 “Reentry
court” defined.
NRS 209.4883 Judicial
program: Establishment; assignment of offenders; supervision of offenders.
NRS 209.4886 Participation
in judicial program: Referral of offender to reentry court; powers and duties
of Director; regulations; reimbursement of costs; effect of violation of terms
and conditions; status of offender.
NRS 209.4887 Correctional
program: Establishment; assignment of offenders; restitution.
NRS 209.4888 Participation
in correctional program: Suitability of offender; powers and duties of
Director; regulations; reimbursement of costs; effect of violation of terms and
conditions; status of offender.
NRS 209.4889 Powers
and duties of Director: Contracting for certain services for offenders or
parolees in correctional or judicial program; providing referrals and
information regarding services; applying for and accepting gifts and grants.
RELEASE OR ESCAPE OF OFFENDER
NRS 209.492 Status
while participating in work or educational release program or other assignment.
NRS 209.501 Temporary
furloughs.
NRS 209.511 Duties
of Director when offender released from prison.
NRS 209.517 Notice
to Department of Motor Vehicles when certain offenders have completed period of
imprisonment or are placed on residential confinement.
NRS 209.521 Notification
of victim of escape or release of offender.
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DEFINITIONS
NRS 209.011 Definitions. As
used in this chapter, unless the context otherwise requires, the terms defined
in NRS 209.021 to 209.085,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 845; A 1983, 719; 1987, 1019; 2001, 2391; 2009, 2821)
NRS 209.021 “Board” defined. “Board”
means the Board of State Prison Commissioners as defined by Section 21 of Article 5 of the
Nevada Constitution.
(Added to NRS by 1977, 845)
NRS 209.031 “Classification” defined. “Classification”
means the process of individual case evaluation to determine the custody and
program needs of the individual offender.
(Added to NRS by 1977, 845)
NRS 209.041 “Custody” defined. “Custody”
means the level of security restrictions imposed on an offender by a
classification committee.
(Added to NRS by 1977, 845)
NRS 209.051 “Department” defined. “Department”
means the Department of Corrections.
(Added to NRS by 1977, 845; A 2001
Special Session, 192)
NRS 209.061 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 1977, 845; A 2001
Special Session, 192)
NRS 209.065 “Facility” defined. “Facility”
means a community correctional center, conservation camp, facility of minimum
security or other place of confinement, other than an institution, operated by
the Department for the custody, care or training of offenders.
(Added to NRS by 1983, 719; A 1991, 216)
NRS 209.071 “Institution” defined. “Institution”
means a prison designed to house 125 or more offenders within a secure
perimeter.
(Added to NRS by 1977, 845; A 1983, 719)
NRS 209.075 “Manager” defined. “Manager”
means the administrative officer in charge of a facility.
(Added to NRS by 1983, 719)
NRS 209.081 “Offender” defined. “Offender”
means any person convicted of a crime under the laws of this State and
sentenced to imprisonment in the state prison.
(Added to NRS by 1977, 845)
NRS 209.083 “Private facility or institution” defined. “Private facility or institution” means a
facility or institution operated by a private organization to house prisoners.
(Added to NRS by 2009, 2820)
NRS 209.085 “Warden” defined. “Warden”
means the administrative officer in charge of an institution.
(Added to NRS by 1983, 719)
ADMINISTRATION OF DEPARTMENT
NRS 209.101 Department created; Board of State Prison Commissioners.
1. The Department of Corrections is hereby
created.
2. The head of the Department is the Board
of State Prison Commissioners.
3. The Governor is the President of the
Board. The Secretary of State is the Secretary of the Board.
4. Any two members of the Board constitute
a quorum for the transaction of business.
5. The Secretary shall keep full and
correct records of all the transactions and proceedings of the Board.
(Added to NRS by 1977, 845; A 2001
Special Session, 192)
NRS 209.111 Powers and duties of Board. The
Board has full control of all grounds, buildings, labor, and property of the
Department, and shall:
1. Purchase, or cause to be purchased, all
commissary supplies, materials and tools necessary for any lawful purpose
carried on at any institution or facility of the Department.
2. Regulate the number of officers and
employees of the Department.
3. Prescribe regulations for carrying on
the business of the Board and the Department.
(Added to NRS by 1977, 845; A 1979, 888; 1983, 719)
NRS 209.116 Board to adopt regulations establishing maximum number of
prisoners who may be incarcerated in private facility or institution.
1. To ensure the safety of the residents
of the State of Nevada, the Board shall adopt regulations establishing the
maximum number of prisoners who may be incarcerated in a private facility or
institution. The regulations must be based upon the standards adopted by the
American Correctional Association or its successor organization.
2. As used in this section, “prisoner” has
the meaning ascribed to it in NRS 212.1895.
(Added to NRS by 2009, 2820)
NRS 209.121 Director of Department: Appointment; qualifications; salary;
other employment prohibited.
1. The Chief Administrative and Fiscal
Officer of the Department is the Director.
2. The Director:
(a) Shall be appointed by the Governor.
(b) Is responsible to the Board.
(c) Shall be selected with special reference to
his or her training, experience and aptitude in the field of corrections.
(d) Is entitled to receive an annual salary in an
amount fixed by law.
(e) Shall not engage in any other gainful
employment or occupation.
(Added to NRS by 1977, 846)
NRS 209.131 Director of Department: Duties. The
Director shall:
1. Administer the Department under the
direction of the Board.
2. Supervise the administration of all
institutions and facilities of the Department.
3. Receive, retain and release, in
accordance with law, offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision,
custody, treatment, care, security and discipline of all offenders under his or
her jurisdiction.
5. Ensure that any person employed by the
Department whose primary responsibilities are:
(a) The supervision, custody, security,
discipline, safety and transportation of an offender;
(b) The security and safety of the staff; and
(c) The security and safety of an institution or
facility of the Department,
Ê is a correctional
officer who has the powers of a peace officer pursuant to subsection 1 of NRS 289.220.
6. Establish regulations with the approval
of the Board and enforce all laws governing the administration of the
Department and the custody, care and training of offenders.
7. Take proper measures to protect the
health and safety of the staff and offenders in the institutions and facilities
of the Department.
8. Take proper measures to protect the
health and safety of persons employed by a school district to operate a program
of education for incarcerated persons in an institution or facility pursuant to
NRS 388.573 to 388.583, inclusive.
9. Cause to be placed from time to time in
conspicuous places about each institution and facility copies of laws and
regulations relating to visits and correspondence between offenders and others.
10. Provide for the holding of religious
services in the institutions and facilities and make available to the offenders
copies of appropriate religious materials.
(Added to NRS by 1977, 846; A 1983, 719; 2001, 574; 2013, 346)
NRS 209.1315 Director of Department: Training of correctional staff. The Director may continue to develop and
implement, in each institution and facility of the Department, a program of
facility training for the correctional staff.
(Added to NRS by 2001
Special Session, 192)
NRS 209.132 Director of Department: Authority to delegate powers, duties or
functions.
1. The Director may delegate to a deputy
director, manager, warden or employee of the Department the exercise or
discharge in the name of the Director of any power, duty or function vested in
or imposed upon the Director.
2. The official act of any such person
acting in the name of the Director and by his or her authority shall be deemed
an official act of the Director.
(Added to NRS by 1997, 3177; A 2007, 65)
NRS 209.134 Director of Department: Submission to county clerk of list of
offenders released from prison or discharged from parole. On or before the fifth day of each month, the
Director shall submit to each county clerk in this State a list which provides:
1. The name of each offender who was
released from prison by expiration of his or her term of imprisonment during
the previous month or who was discharged from parole during the previous month;
and
2. The case number of each offense for
which the offender was released or discharged.
(Added to NRS by 2003, 668)
NRS 209.136 Director of Department: Notification of Legislature regarding
certain matters. The Director
shall notify the Senate Standing Committee on Finance and the Assembly Standing
Committee on Ways and Means during a regular or special session of the
Legislature and the Interim Finance Committee when the Legislature is not in
session of any:
1. Negotiations entered into by the
Department to resolve any potential or existing litigation which could have a
fiscal effect that exceeds the amount budgeted for that purpose by the
Legislature; and
2. Plans regarding the location of any
prison facility or institution.
(Added to NRS by 1989, 954; A 2001
Special Session, 192)
NRS 209.141 Agreements with governmental agencies and private organizations. The Director may, with the approval of the
Board, enter into agreements with other governmental agencies and with private
organizations to carry out the purposes of this chapter.
(Added to NRS by 1977, 846)
NRS 209.151 Deputy directors: Appointment; duties; other employment
prohibited.
1. The Director shall appoint a Deputy
Director for Industrial Programs who:
(a) Is responsible to the Director for the
administration of all industrial, vocational and agricultural programs for the
employment of offenders, except conservation camps and centers for the purpose
of making restitution; and
(b) Shall enforce all policies and regulations of
the Department relating to industrial, vocational and agricultural programs.
2. In addition to the Deputy Director
appointed pursuant to subsection 1, the Director shall appoint such other
deputy directors as are necessary.
3. During any absence of the Director, the
Director shall designate a deputy director or a warden to act as Director of
the Department without increase in salary.
4. The deputy directors shall carry out
such administrative duties as may be assigned to them by the Director and shall
not engage in any other gainful employment or occupation.
(Added to NRS by 1977, 846; A 1983, 720; 1987, 1019; 1989, 1884; 1991, 216; 2007, 65)
NRS 209.153 Deputy Director for Industrial Programs: Retirement benefits. The Deputy Director for Industrial Programs
appointed pursuant to subsection 1 of NRS 209.151
is entitled to receive the same retirement benefits as police officers and
firefighters employed by public employers. For this purpose, the provisions of chapter 286 of NRS governing the retirement
benefits of police officers and firefighters apply to the Deputy Director for
Industrial Programs.
(Added to NRS by 1987, 1019; A 2001
Special Session, 193; 2005, 319; 2007, 66)
NRS 209.161 Wardens of institutions: Appointment; duties.
1. The Director shall appoint a warden for
each institution of the Department.
2. Each warden is in the classified
service of the State except for purposes of appointment and retention.
3. Each warden is responsible to the
Director for the administration of his or her institution, including the
execution of all policies and the enforcement of all regulations of the
Department pertaining to the custody, care and training of offenders under his
or her jurisdiction.
(Added to NRS by 1977, 846; A 1983, 720; 2001, 1831)
NRS 209.181 Officers and employees residing at institution or facility:
Charges and perquisites; notice to Legislature.
1. If the Director finds that it is
necessary or desirable that any officer or employee reside at an institution or
facility, perquisites granted to the officer or employee or charges for
services rendered to the officer or employee are at the discretion of the
Board.
2. The Director shall notify the
Legislature at each regular session of the existing charges and perquisites.
(Added to NRS by 1977, 847; A 1983, 721)
NRS 209.183 Travel expenses authorized for certain employees at specified
correctional centers and conservation camps; exceptions.
1. Except as otherwise provided in
subsection 2, in addition to his or her regular salary, each person employed by
the Department of Corrections or the Division of Forestry of the State
Department of Conservation and Natural Resources at the Southern Nevada
Correctional Center, the Southern Desert Correctional Center, the Indian
Springs Conservation Camp, the correctional institution identified as the Men’s
Prison No. 7 in chapter 656, Statutes of Nevada 1995, and chapter 478, Statutes
of Nevada 1997, or the Jean Conservation Camp is entitled to receive, as
compensation for travel expenses, not more than $7.50 for each day he or she
reports to work if his or her residence is more than 25 miles from the
respective institution or facility. The total cost for compensation for travel
expenses authorized by this section must not exceed the amount specially
appropriated for this purpose.
2. A person employed by the Department of
Corrections or the Division of Forestry of the State Department of Conservation
and Natural Resources who begins employment on or after July 1, 2011, is not
eligible to receive compensation for travel expenses pursuant to subsection 1.
(Added to NRS by 1987, 1648; A 1999, 2976; 2001
Special Session, 193; 2011, 1615)
NRS 209.189 Fund for Prison Industries.
1. The Fund for Prison Industries is
hereby created as an enterprise fund to receive all revenues derived from
programs for vocational training and employment of offenders and the operation
of the prison farm and to receive all revenues raised by the Department from
private employers for the leasing of space, facilities or equipment within the
institutions or facilities of the Department.
2. Money in the Fund must be maintained in
separate budgetary accounts, including at least one account for industrial
programs and one for the prison farm.
3. Subject to the approval of the State
Board of Examiners, the Director may expend money deposited in this Fund for
the promotion and development of these programs and the prison farm. The
Director shall expend money deposited in this Fund to pay the premiums required
for coverage of offenders under the modified program of industrial insurance
adopted pursuant to NRS 616B.028.
4. The interest and income earned on the
money in the Fund, after deducting any applicable charges, must be credited to
the Fund.
5. If money owed to the Department for the
leasing of space, facilities or equipment within the institutions or facilities
of the Department or for the purchase of goods or services, which must be
deposited into the Fund for Prison Industries pursuant to subsection 1, is not
paid on or before the date due, the Department shall charge and collect, in
addition to the money due, interest on the money due at the rate of 1.5 percent
per month or fraction thereof from the date on which the money became due until
the date of payment.
(Added to NRS by 1979, 888; A 1987, 641, 1023; 1989, 550, 733; 1991, 1135; 1999, 1734; 2001
Special Session, 193)
NRS 209.192 Fund for New Construction of Facilities for Prison Industries.
1. There is hereby created in the State
Treasury a Fund for New Construction of Facilities for Prison Industries as a
capital projects fund. The Director shall deposit in the Fund the deductions
made pursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2
of NRS 209.463. The money in the Fund must only be
expended to house new industries or expand existing industries in the
industrial program to provide additional employment of offenders or for any
other purpose authorized by the Legislature. The money in the Fund must not be
expended for relocating an existing industry in the industrial program unless
the existing industry is being expanded to provide additional employment of
offenders.
2. Before money in the Fund may be
expended for construction, the Director shall submit a proposal for the
expenditure to the State Board of Examiners. Upon making a determination that
the proposed expenditure is appropriate and necessary, the State Board of
Examiners shall recommend to the Interim Finance Committee, or the Senate Standing
Committee on Finance and the Assembly Standing Committee on Ways and Means when
the Legislature is in general session, that the expenditure be approved. Upon
approval of the appropriate committee or committees, the money may be so
expended.
3. The interest and income earned on the
money in the Fund, after deducting any applicable charges, must be credited to
the Fund.
(Added to NRS by 1991, 1586; A 1993, 422; 1995, 2591; 1997, 3177; 2001, 2391; 2010, 26th
Special Session, 5)
NRS 209.201 Prison Revolving Account. Repealed. (See
chapter 54, Statutes of Nevada 2013, at page 195.)
NRS 209.221 Offenders’ Store Fund.
1. The Offenders’ Store Fund is hereby
created as a special revenue fund. All money received for the benefit of offenders
through contributions, and from other sources not otherwise required to be
deposited in another fund, must be deposited in the Offenders’ Store Fund.
2. The Director shall:
(a) Keep, or cause to be kept, a full and
accurate account of the Fund;
(b) Submit reports to the Board relative to money
in the Fund as may be required from time to time; and
(c) Submit a monthly report to the offenders of
the amount of money in the Fund by posting copies of the report at locations
accessible to offenders generally or by delivery of copies to the appropriate
representatives of the offenders if any are selected.
3. Except as otherwise provided in
subsections 4 to 9, inclusive, money in the Offenders’ Store Fund, except
interest earned upon it, must be expended for the welfare and benefit of all
offenders.
4. If necessary to cover a shortfall of
money in the Prisoners’ Personal Property Fund, the Director may, after
obtaining the approval of the Interim Finance Committee, authorize the State
Controller to transfer money from the Offenders’ Store Fund to the Prisoners’
Personal Property Fund, and the State Controller shall make the transfer.
5. If an offender has insufficient money
in his or her individual account in the Prisoners’ Personal Property Fund to
repay or defray costs assessed to the offender pursuant to NRS 209.246, the Director shall authorize the State
Controller to transfer sufficient money from the Offenders’ Store Fund to the
appropriate account in the State General Fund to pay costs remaining unpaid,
and the State Controller shall make the transfer. Any money so transferred must
be accounted for separately. The Director shall cause the Offenders’ Store Fund
to be reimbursed from the offender’s individual account in the Prisoners’
Personal Property Fund, as money becomes available.
6. If the Department incurs costs related
to state property that has been willfully damaged, destroyed or lost or incurs
costs related to medical examination, diagnosis or treatment for an injury to
an offender, the Director may authorize the State Controller to transfer money
from the Offenders’ Store Fund to the appropriate account in the State General
Fund to repay or defray those costs if:
(a) The Director has reason to believe that an
offender caused the damage, destruction, loss or injury; and
(b) The identity of the offender is unknown or
cannot be determined by the Director with reasonable certainty.
Ê The State
Controller shall make the transfer if authorized by the Director. Any money
transferred must be accounted for separately. If the identity of the offender
is determined after money has been transferred, the Director shall cause the
Offenders’ Store Fund to be reimbursed from the offender’s individual account
in the Prisoners’ Personal Property Fund, as money becomes available.
7. The Director may, with approval of the
Board, establish by regulation criteria for a reasonable deduction from money
credited to the Offenders’ Store Fund to repay or defray the costs relating to
the operation and maintenance of the offenders’ store, coffee shop, gymnasium
and correctional officers’ salaries for visitation posts where they exist in
each facility. Any regulations adopted pursuant to this subsection must be
adopted in accordance with the provisions of chapter
233B of NRS.
8. The Director may, with approval of the
Board, establish by regulation a charge on the purchase of electronic devices
by offenders to defray the costs relating to the operation of the devices. The
Director shall utilize the proceeds collected from the charge established for
operation of the devices to offset the energy costs of the facilities within
the Department. Any regulations adopted pursuant to this subsection must be
adopted in accordance with the provisions of chapter
233B of NRS.
9. If an offender who has been assigned to
a center for the purpose of making restitution is returned to an institution
for committing an infraction of the regulations of the Department and the
center has not been fully compensated for the cost of providing the offender
with housing, transportation, meals, or medical or dental services at the
center, the Director may authorize the State Controller to transfer money from
the Offenders’ Store Fund to the appropriate account in the State General Fund
to repay or defray those costs. The State Controller shall make the transfer if
authorized by the Director. Any money transferred must be accounted for
separately. The Director shall cause the Offenders’ Store Fund to be reimbursed
from the offender’s individual account in the Prisoners’ Personal Property
Fund, as money becomes available.
10. If an offender has insufficient money
in his or her individual account in the Prisoners’ Personal Property Fund to
repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under
penalty of perjury concerning his or her financial situation. Such a statement
must include, but is not limited to, the following information:
(a) The value of any interest the offender has in
real estate;
(b) The value of the personal property of the
offender;
(c) The assets in any bank account of the
offender; and
(d) The employment status of the offender.
11. The statement required by subsection
10 must also authorize the Department to access any relevant document, for the
purpose of verifying the accuracy of the information provided by the offender
pursuant to this section, including, but not limited to, information regarding
any bank account of the offender, information regarding any bank account held
in trust for the offender and any federal income tax return, report or
withholding form of the offender.
12. An offender who conceals assets from
the Department or provides false or misleading information on a statement
prepared pursuant to this section is guilty of a gross misdemeanor.
13. A person who aids or encourages an
offender to conceal assets from the Department or to provide false or
misleading information on a statement prepared pursuant to this section is
guilty of a gross misdemeanor.
(Added to NRS by 1977, 847; A 1979, 308, 889; 1981, 1559; 1993, 268; 1995, 363; 1997, 1232, 3178; 1999, 2546; 2010, 26th
Special Session, 84)
NRS 209.225 Investment and disbursement of interest and income of Offenders’
Store Fund.
1. The Director shall deposit the
Offenders’ Store Fund with the State Treasurer for investment. The interest and
income earned upon the Fund, after deducting any applicable charges, must be
credited to the Fund and may only be disbursed as authorized by the
Legislature.
2. The provisions of this chapter do not
create a right on behalf of any offender to any interest or income that accrues
on the money in the Offenders’ Store Fund. The provisions of this chapter do
not establish a basis for any cause of action against the State or against
officers or employees of the State to claim ownership of any interest or income
that accrues on the money in the Offenders’ Store Fund.
(Added to NRS by 1981, 1559; A 1983, 1582; 1989, 1129; 1995, 364)
NRS 209.229 Operation of vending machines in visitors’ areas; profits from
operation to be deposited in Offenders’ Store Fund.
1. Except as otherwise provided in
subsection 2, the Department shall operate any vending machine that is located
in a visitors’ area of a facility or an institution of the Department.
2. The Department may enter into a
contract with a private vendor to operate a vending machine located in a
visitors’ area of a facility or an institution of the Department.
3. If the Department operates a vending
machine pursuant to subsection 1 or enters into a contract with a private
vendor to operate a vending machine pursuant to subsection 2, the money
received by the Department from the operation of the vending machine, less any
money expended for overhead and operating expenses, must be deposited in the
Offenders’ Store Fund created pursuant to NRS 209.221.
4. As used in this section, “vending
machine” means any manual or coin-operated machine or similar device for
vending food, beverages or other articles.
(Added to NRS by 1999, 2574)
NRS 209.231 Deposit of money received from operation of conservation camp
into Division of Forestry Account; powers and duties of State Forester
Firewarden.
1. Any money received from the operation
of any conservation camp established under this chapter or from the assignment
of any crew of a conservation camp to the extent that the money is not used for
salaries, overhead or operating expenses of any camp or crew must be placed in
the Division of Forestry Account.
2. The State Forester Firewarden, as
executive head of the Division of Forestry of the State Department of
Conservation and Natural Resources, may:
(a) Expend the money received pursuant to
subsection 1 for:
(1) The renovation, repair or improvement
of buildings and real property for any conservation camp.
(2) The acquisition of special clothing,
tools and equipment, and payment of expenses directly related to work projects
performed by a crew of a conservation camp such as, but not limited to, the
costs of utilities and operation of equipment.
(b) Direct all activities in connection with any
renovation, repair or improvement of buildings and real property for any
conservation camp or work project of a conservation camp.
3. The State Forester Firewarden shall
determine the amount of wages that must be paid to offenders who participate in
conservation camps as provided in NRS
472.040.
(Added to NRS by 1977, 848; A 1985, 252; 1991, 217; 2003, 916)
NRS 209.239 Regulation of personal property of offenders. Subject to the approval of the Director, the
warden of each institution and the manager of each facility shall adopt and
issue a written policy statement regulating the personal property which an offender
may retain in his or her possession, including, but not limited to:
1. Procedures necessary to ensure that
offenders are permitted to retain reasonable amounts of personal property,
consistent with security and the proper functioning of the institution or
facility.
2. Necessary procedures for the careful
handling and secure storage of the personal property of an offender.
(Added to NRS by 1979, 328; A 1983, 721; 1997, 3179)
NRS 209.241 Safekeeping of money and valuables of offenders: Prisoners’
Personal Property Fund; duties of Director; withdrawals by offenders;
disbursement of interest and income; penalties; exemptions.
1. The Director may accept money,
including the net amount of any wages earned during the incarceration of an
offender after any deductions made by the Director and valuables belonging to
an offender at the time of his or her incarceration or afterward received by
gift, inheritance or the like or earned during the incarceration of an
offender, and shall deposit the money in the Prisoners’ Personal Property Fund,
which is hereby created as a trust fund.
2. An offender shall deposit all money
that the offender receives into his or her individual account in the Prisoners’
Personal Property Fund.
3. The Director:
(a) Shall keep, or cause to be kept, a full and
accurate account of the money and valuables, and shall submit reports to the
Board relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate
expenditure by an offender for personal needs.
(c) May permit the distribution of money to a
governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law
from any money deposited in the individual account of an offender from any
source other than the offender’s wages.
(d) Shall pay over to each offender upon his or
her release any remaining balance in his or her individual account.
4. The interest and income earned on the
money in the Prisoners’ Personal Property Fund, after deducting any applicable
bank charges, must be credited each calendar quarter as follows:
(a) If an offender’s share of the cost of
administering the Prisoners’ Personal Property Fund for the quarter is less
than the amount of interest and income earned by the offender, the Director
shall credit the individual account of the offender with an amount equal to the
difference between the amount of interest and income earned by the offender and
the offender’s share of the cost of administering the Prisoners’ Personal
Property Fund.
(b) If an offender’s share of the cost of
administering the Prisoners’ Personal Property Fund for the quarter is equal to
or greater than the amount of interest and income earned by the offender, the
Director shall credit the interest and income to the Offenders’ Store Fund.
5. An offender who does not deposit all
money that the offender receives into his or her individual account in the
Prisoners’ Personal Property Fund as required in this section is guilty of a
gross misdemeanor.
6. A person who aids or encourages an
offender not to deposit all money the offender receives into the individual
account of the offender in the Prisoners’ Personal Property Fund as required in
this section is guilty of a gross misdemeanor.
7. The Director may exempt an offender
from the provisions of this section if the offender is:
(a) Confined in an institution outside this State
pursuant to chapter 215A of NRS; or
(b) Assigned to the custody of the Division of
Parole and Probation of the Department of Public Safety to:
(1) Serve a term of residential
confinement pursuant to NRS 209.392, 209.3925 or 209.429; or
(2) Participate in a correctional program
for reentry into the community pursuant to NRS
209.4887.
(Added to NRS by 1977, 848; A 1981, 1559; 1983, 1582; 1985, 923; 1989, 1129; 1995, 2592; 1997, 3180; 2007, 66; 2013, 186)
NRS 209.243 Administrative claim by prisoner for loss of personal property,
property damage, personal injuries or other claims; regulations.
1. A prisoner or former prisoner may file
an administrative claim with the Department to recover compensation for the
loss of his or her personal property, property damage, personal injuries or any
other claim arising out of a tort alleged to have occurred during his or her
incarceration as a result of an act or omission of the Department or any of its
agents, former officers, employees or contractors. The claim must be filed
within 6 months after the date of the alleged loss, damage or injury.
2. The Department shall evaluate each
claim filed pursuant to subsection 1 and determine the amount due, if any. If
the amount due is $500 or less, the Department, within the limits of
legislative appropriations, shall approve the claim for payment and submit it
to be paid as other claims against the State are paid. The Department shall
submit all claims in which the amount due exceeds $500, with any
recommendations it deems appropriate, to the State Board of Examiners. The
State Board of Examiners, in acting upon the claim, shall consider any
recommendations of the Department.
3. The Department shall adopt regulations
necessary to carry out the provisions of this section.
(Added to NRS by 1993, 1210; A 1995, 1517)
NRS 209.244 Attorney General may establish program for mediating complaints
from offenders; duties.
1. The Attorney General may establish a
program for mediating complaints from an offender concerning:
(a) An administrative act which is alleged to be
contrary to law or a policy of the Department; or
(b) Significant issues relating to the health or
safety of offenders and other matters for which there is no effective
administrative remedy.
2. If the Attorney General establishes a
program for mediating complaints pursuant to subsection 1, the Attorney General
shall:
(a) By regulation, establish procedures for
mediating complaints by offenders; and
(b) Prepare and submit to the Board an annual
report on:
(1) The complaints mediated through the
program;
(2) The total dollar amount of claims
asserted in complaints mediated through the program;
(3) The number of complaints that were
resolved through the program;
(4) The cost in dollars paid to offenders
to resolve complaints through the program; and
(5) The savings in dollars between the
dollar amount of claims asserted in complaints and the cost in dollars paid to
offenders to resolve those complaints.
3. As used in this section,
“administrative act” includes an action, omission, decision, recommendation,
practice or other procedure of the Department.
(Added to NRS by 2011, 1083)
NRS 209.246 Deductions from individual account of offender. The Director shall, with the approval of the
Board, establish by regulation criteria for a reasonable deduction from money
credited to the account of an offender to:
1. Repay the cost of:
(a) State property willfully damaged, destroyed
or lost by the offender during his or her incarceration.
(b) Medical examination, diagnosis or treatment
for injuries:
(1) Inflicted by the offender upon himself
or herself or other offenders; or
(2) Which occur during voluntary
recreational activities.
(c) Searching for and apprehending the offender
when he or she escapes or attempts to escape.
(d) Quelling any riot or other disturbance in
which the offender is unlawfully involved.
(e) Providing a funeral for an offender.
(f) Providing an offender with clothing,
transportation and money upon his or her release from prison pursuant to NRS 209.511.
(g) Transportation of an offender pursuant to a
court order in cases other than a criminal prosecution, a proceeding for
postconviction relief involving the offender or a proceeding in which the
offender has challenged the conditions of his or her confinement.
(h) Monetary sanctions imposed under the code of
penal discipline adopted by the Department.
2. Defray, as determined by the Director,
a portion of the costs paid by the Department for medical care for the
offender, including, but not limited to:
(a) Except as otherwise provided in paragraph (b)
of subsection 1, expenses for medical or dental care, prosthetic devices and
pharmaceutical items; and
(b) Expenses for prescribed medicine and
supplies.
3. Repay the costs incurred by the
Department on behalf of the offender for:
(a) Postage for personal items and items related
to litigation;
(b) Photocopying of personal documents and legal
documents, for which the offender must be charged a reasonable fee not to
exceed the actual costs incurred by the Department;
(c) Legal supplies;
(d) Telephone calls charged to the Department;
(e) Charges relating to checks returned for
insufficient funds and checks for which an order to stop payment has been made;
(f) Items related to the offender’s work,
including, but not limited to, clothing, shoes, boots, tools, a driver’s
license or identification card issued by the Department of Motor Vehicles, a
work card issued by a law enforcement agency and a health card; and
(g) The replacement of an identification card or
prepaid ticket for bus transportation issued to the offender by the Department.
4. Repay any cost to the State of Nevada
or any agency or political subdivision thereof that is incurred in defending
the State against an action filed by an offender in federal court alleging a
violation of his or her civil rights which is determined by the court to be
frivolous.
Ê All money
collected pursuant to this section must be deposited in the appropriate account
in the State General Fund for reimbursement of the related expenditure.
(Added to NRS by 1979, 40; A 1983, 297; 1987, 2238; 1993, 852; 1995, 364; 1997, 3180; 2001, 2582)
NRS 209.247 Deductions from individual account of offender: Order of
priority. Except as otherwise
provided in NRS 209.2475, the Director may make
the following deductions, in the following order of priority, from any money
deposited in the individual account of an offender from any source other than
the offender’s wages:
1. An amount the Director deems reasonable
for deposit with the State Treasurer for credit to the Fund for the Compensation
of Victims of Crime created pursuant to NRS
217.260.
2. An amount the Director considers
reasonable to meet an existing obligation of the offender for the support of
the offender’s family.
3. An amount determined by the Director,
with the approval of the Board, to offset the cost of maintaining the offender
in the institution, as reflected in the budget of the Department. An amount
deducted pursuant to this subsection may include, but is not limited to, an
amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244,
inclusive, in a therapeutic community or a program of aftercare, or both.
4. A deduction pursuant to NRS 209.246.
5. An amount determined by the Director
for deposit in a savings account for the offender, in which interest on the
money deposited does not accrue, to be used for the payment of the expenses of
the offender related to his or her release or, if the offender dies before his
or her release, to defray expenses related to arrangements for the offender’s
funeral.
6. An amount the Director considers reasonable
to meet an existing obligation of the offender for restitution to a victim of
his or her crime.
7. An amount the Director considers
reasonable to pay the balance of an administrative assessment included in the
judgment entered against the offender for each crime for which the offender is
incarcerated and the balance of an unpaid administrative assessment included in
a judgment entered against the offender for a crime committed in this state for
which the offender was previously convicted. An amount deducted from a source
other than the wages earned by the offender during his or her incarceration,
pursuant to this subsection, must be submitted:
(a) If the offender does not have an
administrative assessment owing from a judgment entered for a crime previously
committed in this state, to the court that entered the judgment against the
offender for which he or she is incarcerated.
(b) If the offender has an administrative
assessment owing from a judgment entered for a crime previously committed in
this state, to the court that first entered a judgment for which an
administrative assessment is owing, until the balance owing has been paid.
8. An amount the Director considers
reasonable to pay the balance of a fine included in the judgment entered
against the offender for each crime for which the offender is incarcerated and
the balance of an unpaid fine included in a judgment entered against the offender
for a crime committed in this state for which the offender was previously
convicted. An amount deducted from any source other than the wages earned by
the offender during his or her incarceration, pursuant to this subsection, must
be submitted:
(a) If the offender does not have a fine owing
from a judgment entered for a crime previously committed in this state, to the
court that entered the judgment against the offender for which he or she is
incarcerated.
(b) If the offender has a fine owing from a
judgment entered for a crime previously committed in this state, to the court
that first entered a judgment for which any fine or administrative assessment
is owing, until the balance owing has been paid.
9. An amount the Director considers
reasonable to pay the balance of any fee imposed upon the offender for genetic
marker analysis and included in the judgment entered against the offender
pursuant to NRS 176.0915.
Ê The Director
shall determine the priority of any other deduction authorized by law from any
source other than the wages earned by the offender during his or her
incarceration.
(Added to NRS by 1997, 2657, 3175; A 1999, 649, 654; 2013, 1079)
NRS 209.2475 Deductions from individual account of offender: Limitations;
disposition of remaining money upon release of offender; reduction or
elimination; transmittal.
1. The Director shall not make any
deduction from the individual account of an offender in the Prisoners’ Personal
Property Fund if the balance in the account is below the minimum balance
designated by the Director pursuant to this subsection. The Director shall
designate the minimum balance of an account of an offender required before such
other deductions or withdrawals from the account may be made by the Director or
the offender.
2. Upon the release of an offender, any
money from any source remaining in an account of the offender may be used to
reimburse the Department for any expenses related to his or her release,
including, but not limited to, any expenses incurred by the Department pursuant
to NRS 209.511 or for transportation of the
offender.
3. The Director may reduce or eliminate a
deduction authorized pursuant to NRS 209.247 or 209.463 to the extent necessary to comply with a
restriction imposed by federal law on deductions from wages of an offender or
from the account of an offender.
4. The Director may, if appropriate,
transmit a deduction made pursuant to NRS 209.247
or 209.463 directly to the person, entity or fund
for whom the deduction was made.
(Added to NRS by 1997, 3176)
NRS 209.248 Account for disbursements to offenders: Establishment; use;
reimbursement.
1. The Department shall establish in any
insured bank, credit union or savings and loan association doing business in
this state an account for disbursements to offenders. The balance in the
account must not exceed $600,000. Money in the account may be expended only for
the payment of transactions involving offenders’ trust funds.
2. Payments made from the account for
disbursements to offenders must be promptly reimbursed from money in the
appropriate fund on deposit with the State Treasurer.
(Added to NRS by 1985, 1162; A 1999, 1459; 2001
Special Session, 194)
NRS 209.251 Books and papers kept by Board or Director: Inspection; delivery
to successors. All books and
papers kept by or under the direction of the Secretary of the Board or the
Director shall:
1. At all times, on all legal days, be
open to the inspection of the members of the Board, all other state officers,
members of the Legislature, and the sheriffs of the several counties of this
state.
2. At the expiration of their term of
office, be delivered to their successors.
(Added to NRS by 1977, 848)
TRANSPORTATION AND TRANSFER OF OFFENDERS
NRS 209.261 Transportation of offender to appropriate institution or
facility.
1. Upon notification by the county clerk
of any county in this State that a person is being held under sentence of
imprisonment in the state prison, the Director shall immediately provide for
the transportation of the offender from the place of confinement to an
appropriate institution or facility of the Department.
2. The expense of such transportation is a
charge against the Department and must be paid upon approval by the Board as
other claims against the State are paid.
3. The reasonable expenses of maintaining
every person sentenced to imprisonment in the state prison, after 5 days’
notice to the Director, is a charge against the Department.
4. The officer in charge of transporting
an offender is entitled to receive allowances for transportation and
subsistence at the rates provided for state employees.
5. In all cases where an appeal is
sustained by the appellate court of competent jurisdiction pursuant to the
rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution, further transportation of the offender is at the expense of the
county in which the offender was convicted and at the same rate as provided in
subsection 4.
(Added to NRS by 1977, 848; A 1983, 721; 1985, 394; 2013, 1766)
NRS 209.273 Unnecessary expense not allowed; offenders transported
collectively. The officer in
charge shall transport at the same time all persons awaiting transportation,
and the Board shall not allow any extra expense incurred by the making of
unnecessary trips in transporting separately persons who might be transferred
at the same time.
(Added to NRS by 1977, 849)
NRS 209.274 Transportation of offender to appear before court.
1. Except as otherwise provided in this
section, when an offender is required or requested to appear before a court in
this state, the Department shall transport the offender to and from court on the
day scheduled for his or her appearance.
2. If notice is not provided within the
time set forth in NRS 50.215, the
Department shall transport the offender to court on the date scheduled for his
or her appearance if it is possible to transport the offender in the usual
manner for the transportation of offenders by the Department. If it is not
possible for the Department to transport the offender in the usual manner:
(a) The Department shall make the offender
available on the date scheduled for his or her appearance to provide testimony
by telephone or by video, if so requested by the court.
(b) The Department shall provide for special
transportation of the offender to and from the court, if the court so orders.
If the court orders special transportation, it shall order the county in which
the court is located to reimburse the Department for any cost incurred for the
special transportation.
(c) The court may order the county sheriff to transport
the offender to and from the court at the expense of the county.
(Added to NRS by 1995, 2591; A 2001
Special Session, 194)
NRS 209.2745 Payment for transportation of offender to appear as witness in
action for small claims.
1. Except as otherwise provided in
subsection 3, if an offender has filed an action for small claims pursuant to chapter 73 of NRS and the offender requests to
appear as a witness in the action, the offender shall pay the Department in
advance for the costs the Department estimates will be incurred in providing
transportation for the offender to appear in court.
2. Within 30 days after providing
transportation for an offender to appear in court pursuant to subsection 1, the
Department shall:
(a) Reimburse the offender for any amount paid by
the offender that exceeds the actual cost incurred by the Department in providing
transportation for the offender; or
(b) Charge the offender for any cost incurred by
the Department in providing transportation for the offender that exceeds the
amount paid by the defendant pursuant to subsection 1.
3. The provisions of this section do not
apply to indigent offenders.
(Added to NRS by 1999, 68)
NRS 209.276 Reimbursement for transportation of witness in action by
offender concerning civil rights. If
an offender has filed an action in federal court alleging a violation of his or
her civil rights and the offender requests that any other offender appear as a
witness in the action, the offender who filed the action shall reimburse the
Department for any cost that is incurred in providing special transportation
for any other offender to appear in court.
(Added to NRS by 1997, 3174)
NRS 209.281 Temporary interstate transportation. An
officer of the Department may transport an offender temporarily to or through
any state which adjoins the State of Nevada if:
1. The offender will perform general labor
in connection with forestry projects and will be directly returned to the State
of Nevada after completion of the general labor; or
2. Some part of Nevada is threatened by
fire or other natural disaster and the threat emanates from an adjoining state.
(Added to NRS by 1977, 849)
NRS 209.291 Transfer of offenders: Within Department; to other governmental
agencies; between United States and foreign country.
1. The Director may transfer an offender:
(a) From one institution or facility to another
within the Department; or
(b) To other governmental agencies,
Ê in
accordance with classification evaluations and the requirements of treatment,
training, security and custody of the offender.
2. The prison sentence of an offender
continues uninterrupted while the offender is at the correctional facility to
which the offender has been transferred.
3. Whenever a treaty is in force providing
for the transfer of offenders between the United States and a foreign country,
the Director may, with the consent of the Governor, approve a transfer as
provided in the treaty upon the application of the offender to the Director.
(Added to NRS by 1977, 849; A 1979, 727; 1983, 721)
NRS 209.293 Transfer of offender to correctional institution of another
state. The Director may transfer
to a correctional institution of another state any offender who is sentenced in
that state to serve a term of imprisonment which is concurrent with and at
least as long as the term which the offender would otherwise serve in Nevada.
(Added to NRS by 1979, 473)
NRS 209.301 Transfer of minors to state facility for detention of children.
1. The Department may transfer a person
who is a minor and who is confined in an institution or facility of the
Department to a state facility for the detention of children if the superintendent
of the facility consents to the transfer.
2. As used in this section, “state
facility for the detention of children” means the Nevada Youth Training Center,
the Caliente Youth Center or any other state facility for the detention of
children that is operated pursuant to title 5 of NRS.
(Added to NRS by 1977, 849; A 1983, 722; 1989, 1956; 2003, 1126)
NRS 209.311 Transfer of persons detained in local facility to institution or
facility of Department for safekeeping.
1. At the request of a county sheriff or
the chief of police of a city, the Director may authorize the transfer of a
person detained in a local facility to an institution or facility of the
Department for safekeeping. The Director shall determine whether the person is
to be transported by the staff of the Department or by the staff of the county
sheriff or the chief of police who requested the transfer.
2. The Director shall determine the cost
of the custody and care of a person transferred pursuant to subsection 1 which
may be borne by the local government affected.
(Added to NRS by 1977, 849; A 1983, 722; 2013, 187)
NRS 209.321 Transfer of offender for psychiatric observation or treatment. The Director may arrange for the transfer of
an offender to other appropriate governmental agencies for psychiatric
observation, evaluation or stabilization pursuant to an agreement with the
agency for such transfers. When the head of the facility to which the offender
has been transferred determines that the offender has recovered from the
condition which caused the transfer, the Director shall provide for the return
of the offender to the Department.
(Added to NRS by 1977, 849)
NRS 209.331 Medical evaluation or treatment of offender outside institution
or facility. An offender may be
taken outside an institution or facility under appropriate precautions to
prevent the offender’s escape, when necessary for medical evaluation or treatment,
as determined by the Director or the Director’s designee. All decisions
regarding the medical evaluation or treatment of an offender, including, but
not limited to, whether the offender needs to see a provider of health care
outside of the prison, whether to change providers of health care and whether
an offender will receive a course of treatment, are within the discretion of
the Director or the Director’s designee.
(Added to NRS by 1977, 849; A 1983, 722; 1997, 3181)
CUSTODY, CARE AND EDUCATION OF OFFENDERS
NRS 209.341 Director to establish system of initial classification and
evaluation for offenders; assignment of offender to appropriate institution or
facility of Department. The
Director shall:
1. Establish, with the approval of the
Board, a system of initial classification and evaluation for offenders who are
sentenced to imprisonment in the state prison; and
2. Assign every person who is sentenced to
imprisonment in the state prison to an appropriate institution or facility of
the Department. The assignment must be based on an evaluation of the offender’s
records, particular needs and requirements for custody.
(Added to NRS by 1977, 849; A 1979, 1125; 1983, 722; 1987, 2238; 1997, 906)
NRS 209.351 Director to establish system of ongoing classification and
evaluation for offenders and to maintain records. The
Director shall:
1. Establish a system of ongoing
classification and evaluation to ensure the individualized custody, care and
training of offenders under the Department’s jurisdiction.
2. Keep, or cause to be kept, records for
each offender containing:
(a) The offender’s name, age, date of birth,
race, sex, height, weight, complexion, color of eyes and hair, peculiarities of
build or features.
(b) The offender’s place of birth (state, county
or city, or country, province or city).
(c) The offender’s occupation and whether the
offender can read and write.
(d) The offender’s record of conviction,
including the date of sentence, name of the judge passing sentence, county from
which sentenced, crime charged, date of incarceration, term of imprisonment and
expiration date of minimum and maximum terms of imprisonment.
(e) The medical records of the offender,
including, but not limited to, medical records produced by the Department and
medical records produced by a provider of health care outside the prison.
(f) Such other desirable or pertinent information
as may be necessary.
3. Maintain a comprehensive record of the
behavior of each offender reflecting his or her accomplishments and progress as
well as charges of infractions of regulations, punishments imposed and medical
services rendered.
(Added to NRS by 1977, 849; A 1987, 2239; 1997, 3182)
NRS 209.3515 Director may request or provide medical or mental health records
of certain offenders.
1. The Director, through the designated medical
director, may request from the Division of Public and Behavioral Health of the
Department of Health and Human Services access to any records in its possession
which contain information that may assist in evaluating, caring for and
providing treatment to an offender who previously was committed to the custody
of or ordered to report to the Administrator or the Administrator’s designee
pursuant to NRS 178.425 or 178.460.
2. Unless otherwise ordered by a court,
upon a request for access to records of an offender pursuant to subsection 1,
the Division of Public and Behavioral Health of the Department of Health and
Human Services shall provide access to any such records, including, without
limitation, relevant medical and mental health records, for the limited purpose
of allowing the Director or the designated medical director to evaluate, care
for and provide treatment to the offender.
3. The Director, through the designated
medical director, may provide to the Division of Public and Behavioral Health
of the Department of Health and Human Services or to other community medical or
mental health care providers, relevant medical and mental health records of an
offender serving a term of imprisonment under the custody of the Department of
Corrections, for the purposes of planning the discharge of the offender and
assuring the continuity of evaluation, care and treatment of the offender in the
community after release from incarceration.
4. No oral or written consent of the
offender is required to obtain access to records from the Division of Public
and Behavioral Health of the Department of Health and Human Services or the
Department of Corrections pursuant to this section.
5. As used in this section, “designated
medical director” means the designated administrative officer of the Department
who is responsible for the medical treatment of offenders.
(Added to NRS by 2003, 1256)
NRS 209.3517 Director may apply for determination of eligibility for Medicaid
on behalf of offender. The
Director of the Department or his or her designee may, after informing an
offender, apply for a determination of eligibility for Medicaid on behalf of
the offender.
(Added to NRS by 2013, 3184)
NRS 209.352 Director may establish system for offender management. The Director may establish, with the approval
of the Board, a system for offender management, to be implemented in each
institution and facility of the Department, which consists of structured living
programs for offenders and the management of units by the staff, with levels of
custody, security and privileges and opportunities for offenders based upon the
assessed needs of the offenders as determined by their initial and ongoing
classification and evaluation.
(Added to NRS by 2001
Special Session, 192)
NRS 209.353 Department to collect and submit information regarding offenders
to Central Repository for Nevada Records of Criminal History. The Department shall collect and submit to the
Central Repository for Nevada Records of Criminal History:
1. A record of:
(a) The name and fingerprints of each offender
serving a term of imprisonment in an institution or facility of the Department;
(b) The length of the term of imprisonment of the
offender, including, without limitation, the number of days served during a
period of pretrial detention, if any; and
(c) The date of admission of the offender; and
2. A notice of the release of each
offender.
(Added to NRS by 1999, 2095)
NRS 209.354 Department to monitor each private facility or institution which
houses prisoners who are incarcerated pursuant to authority of another state;
reimbursement for costs of such monitoring.
1. The Department shall monitor each
private facility or institution which houses prisoners who are incarcerated
pursuant to the authority of another state to ensure that the custody and care
of the prisoners comply with the requirements of the Nevada Constitution and
the Constitution of the United States.
2. A private facility or institution which
is monitored by the Department pursuant to subsection 1 shall reimburse the
Department for the costs of such monitoring. The Department shall determine the
cost of the monitoring required by subsection 1 on a per-prisoner basis.
(Added to NRS by 2009, 2821)
NRS 209.356 Director to establish program of regimental discipline. The Director, with the approval of the Board,
shall establish and administer a program of regimental discipline for persons
who are ordered to undergo such a program pursuant to NRS 176A.780. The program must include:
1. Incarceration and segregation of the
persons in an appropriate facility of the Department;
2. Strenuous physical exercise and hard
labor;
3. Military drills; and
4. Sessions for instruction in:
(a) The recognition and prevention of the abuse
of alcohol and drugs;
(b) The management of stress;
(c) Building character;
(d) Learning to behave in a rational manner; and
(e) Preparing for and obtaining employment.
(Added to NRS by 1989, 1852)
NRS 209.361 Director to adopt regulations and penalties for violations. The Director shall:
1. Adopt with the approval of the Board
such regulations as are necessary to:
(a) Maintain proper custody of an offender in
accordance with the offender’s current classification.
(b) Prevent escapes and maintain good order and
discipline.
2. Establish procedures by regulation for
disposing of cases involving violations of law in institutions or facilities of
the Department.
3. Establish sanctions appropriate to the
type and severity of such violations.
(Added to NRS by 1977, 850; A 1983, 722)
NRS 209.365 Director to establish program to prevent offenders from
possessing or receiving certain publications.
1. The Director shall adopt, with the
approval of the Board, regulations establishing and governing a program, to be
carried out within each facility and institution, to prevent an offender from
possessing or receiving a publication which is detrimental to the offender’s
rehabilitation or which has the potential to disrupt security or promote
violence or disorder in the facility or institution because the subject matter
of the publication:
(a) Is sexually explicit;
(b) Is graphically violent; or
(c) Encourages or glamorizes:
(1) Crime;
(2) The activities of a criminal gang; or
(3) Violence against law enforcement,
women, children or members of a particular religion, ethnic group or race.
2. The regulations must provide that if an
offender is prohibited from possessing or receiving a publication pursuant to
this section, the offender possessing or receiving the publication must be
provided with notice of the determination and an opportunity to appeal the
determination. An appeal may be summarily denied if the appeal involves a
publication that is similar to a publication that previously has been
prohibited.
3. The establishment of the program
required pursuant to this section does not affect:
(a) The authority of the Department to review
materials that are possessed or received by an offender, including, but not
limited to, publications, for any other lawful purpose or reason; or
(b) The procedures used by the Department to
conduct such reviews.
4. The Department and its officers,
employees and independent contractors are immune from liability for damages
arising from an act or omission that allows an offender to possess or receive a
publication that is prohibited pursuant to this section.
5. As used in this section:
(a) “Criminal gang” has the meaning ascribed to
it in NRS 213.1263.
(b) “Publication” means a book, magazine,
newsletter, bulletin, pamphlet or other similar item as determined by the
Director.
(Added to NRS by 1997, 1640)
NRS 209.367 Director to establish program for testing of offenders for use
of alcohol and controlled substances.
1. The Director shall establish a program,
to be carried out within each facility and institution, that provides for
periodic testing of offenders for use of alcohol and controlled substances. The
program must provide that the selection of offenders to be tested for use of
alcohol and controlled substances must be made on a random basis.
2. The Director shall adopt, with the
approval of the Board, regulations governing the operation of the program. The
regulations must set forth the procedure for testing, including, but not
limited to:
(a) The types of tests to be used;
(b) The manner in which a sample for a test is to
be obtained;
(c) The persons who are authorized to obtain a
sample for a test; and
(d) The method for preserving the chain of
custody of a sample obtained for a test.
3. The Department shall inform the
offenders in each facility and institution of the requirement to submit to a
test and the sanctions for refusing or failing to submit to a test and for
using alcohol or a controlled substance. The Department may provide this
information through a general notice posted or distributed in each facility and
institution.
4. The Department may sanction, pursuant
to subsection 5, an offender:
(a) Who refuses or fails to submit to a test;
(b) Whose test detects alcohol or a controlled
substance;
(c) Who manufactures, possesses, uses, sells,
supplies, provides, distributes, conceals or stores alcohol or a controlled
substance; or
(d) Who attempts to manufacture, possess, use,
sell, supply, provide, distribute, conceal or store alcohol or a controlled
substance.
5. In addition to any other sanction or
penalty that may be imposed pursuant to law or regulation, an offender who
violates subsection 4 may be sanctioned by:
(a) Forfeiture of all deductions of time earned
by the offender before commission of the violation or forfeiture of such part
of those deductions as the Director considers just, pursuant to NRS 209.451; and
(b) Denial of the privilege to have visitors for
a specified period, as determined by the Director.
6. If alcohol or a controlled substance is
found in a facility or institution, the Director may order that for a specified
period:
(a) The offenders housed in the general area
where the alcohol or controlled substance is found; or
(b) All offenders in the facility or institution,
Ê be confined
to their cells or housing units or be denied the privilege to have visitors, or
both.
7. The establishment of the program to
test offenders for use of alcohol and controlled substances pursuant to this
section does not affect:
(a) The authority of the Department to test an
offender for use of alcohol or a controlled substance for any other lawful
purpose or reason; or
(b) The procedures used by the Department to
conduct such tests.
(Added to NRS by 1997, 1641)
NRS 209.371 Corporal punishment and inhumane treatment prohibited. Corporal punishment and inhumane treatment of
offenders are prohibited.
(Added to NRS by 1977, 850)
NRS 209.376 Limitations on use of restraints on offender who is in labor,
delivering her baby or recuperating from delivery.
1. No restraints of any kind may be used
on an offender who is in labor, delivering her baby or recuperating from
delivery unless there are compelling reasons to believe that the offender
presents:
(a) A serious and immediate threat of harm to
herself, staff or others; or
(b) A substantial flight risk and cannot be
reasonably confined by other means.
2. If an offender who is in labor,
delivering her baby or recuperating from delivery is restrained, only the least
restrictive restraints which are necessary to ensure safety and security may be
used.
(Added to NRS by 2011, 307)
NRS 209.381 Diet, housing and hygiene of offenders; medical and dental
services of institutions and facilities.
1. Each offender in an institution or
facility of the Department must be provided a healthful diet and appropriate,
sanitary housing.
2. The Director with the approval of the
Board shall establish standards for personal hygiene of offenders and for the
medical and dental services of each institution or facility.
(Added to NRS by 1977, 850; A 1983, 722)
NRS 209.3815 Autopsy of offenders. The
Director, in consultation with the designated medical director and the
Inspector General of the Department, shall request the coroner, or any other
person so authorized, to conduct an autopsy of any offender who dies while in
the custody of the Department, if the next of kin:
1. Consents to the autopsy; or
2. Does not notify the Director of any
objection to the autopsy within 72 hours after the death.
(Added to NRS by 2013, 1883)
NRS 209.382 Chief Medical Officer to examine and report on medical and
dental services, diet of offenders, sanitation and safety in institutions and
facilities.
1. The Chief Medical Officer shall
periodically examine and shall report to the Board semiannually upon the
following operations of the Department:
(a) The medical and dental services and places
where they are provided, based upon the standards for medical facilities as
provided in chapter 449 of NRS.
(b) The nutritional adequacy of the diet of
incarcerated offenders taking into account the religious or medical dietary
needs of an offender and the adjustment of dietary allowances for age, sex and
level of activity.
(c) The sanitation, healthfulness, cleanliness
and safety of its various institutions and facilities.
2. The Board shall take appropriate action
to remedy any deficiencies reported pursuant to subsection 1.
(Added to NRS by 1979, 632; A 1985, 252; 2001
Special Session, 194)
NRS 209.3825 Order by court affecting conditions of confinement of prisoner;
Director entitled to notice and opportunity to be heard; exception.
1. Except as otherwise provided in
subsection 2, a court issuing an order at the request of a prisoner in a state
prison that affects the conditions of confinement of the prisoner shall provide
the Director with:
(a) Sufficient prior notice of the intention of
the court to enter the order; and
(b) An opportunity to be heard on the issue.
2. The court is not required to provide
the Director with prior notice pursuant to subsection 1 if the prisoner has
commenced an action with the court challenging the conditions of his or her
confinement and has served a copy of the action on the Director and the
Attorney General.
3. As used in this section, “conditions of
confinement” include, without limitation, the access of a prisoner to the
resources of a law library, the privileges of a prisoner to receive visitors
and to use a telephone, the type of meals provided to the prisoner, the place
of confinement of a prisoner and the provision of medical care to a prisoner in
a situation that is not an emergency.
(Added to NRS by 1997, 3174)
NRS 209.385 Testing offenders for exposure to human immunodeficiency virus;
disclosure of name of offender whose tests are positive; segregation of
offender; duties of Director.
1. Each offender committed to the custody
of the Department for imprisonment shall submit to such initial tests as the
Director determines appropriate to detect exposure to the human
immunodeficiency virus. Each such test must be approved by regulation of the
State Board of Health. At the time the offender is committed to custody and
after an incident involving the offender:
(a) The appropriate approved tests must be
administered; and
(b) The offender must receive counseling
regarding the virus.
2. If the results of an initial test are
positive, the offender shall submit to such supplemental tests as the Director
determines appropriate. Each such test must be approved for the purpose by
regulation of the State Board of Health.
3. If the results of a supplemental test
are positive, the name of the offender must be disclosed to:
(a) The Director;
(b) The administrative officers of the Department
who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or
institution at which the offender is confined; and
(d) Each other employee of the Department whose
normal duties involve the employee with the offender or require the employee to
come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from
every other offender whose test results are negative if:
(a) The results of a supplemental test are
positive; and
(b) The offender engages in behavior that
increases the risk of transmitting the virus, such as battery, sexual activity
or illegal intravenous injection of a controlled substance or a dangerous drug
as defined in chapter 454 of NRS.
5. The Director, with the approval of the
Board:
(a) Shall establish for inmates and employees of
the Department an educational program regarding the virus whose curriculum is provided
by the Division of Public and Behavioral Health of the Department of Health and
Human Services. A person who provides instruction for this program must be
certified to do so by the Division.
(b) May adopt such regulations as are necessary
to carry out the provisions of this section.
6. As used in this section, “incident”
means an occurrence, of a kind specified by regulation of the State Board of
Health, that entails a significant risk of exposure to the human
immunodeficiency virus.
(Added to NRS by 1989, 385; A 1993, 6, 516, 517; 1997, 906; 2013, 1168)
NRS 209.387 Legislative findings and declarations regarding programs for
education of offenders. The
Legislature finds and declares that the program for general education of
offenders and the program of education of offenders in English as a second
language are acts of grace of the State. No offender has a right to participate
in such a program, and it is not intended that the establishment of such
programs create any such right or interest in liberty or property or establish
a basis for any cause of action against the State, its political subdivisions,
agencies, boards, commissions, departments, officers or employees.
(Added to NRS by 1993, 2516)
NRS 209.389 Board to establish programs for general education, vocational
education and training and other rehabilitation.
1. The Board shall establish by regulation
programs of general education, vocational education and training and other
rehabilitation for offenders.
2. The regulations must take appropriate
account of the following matters:
(a) The educational level and needs of offenders;
(b) Opportunities for employment when the
offender is released from custody;
(c) Interests of offenders; and
(d) The number of offenders desiring
participation in such programs.
3. The regulations must provide for an
assessment of these programs at least every 3 years by qualified persons,
professional groups or trade associations.
4. No offender has a right to be admitted
to a program of education, vocational education and training or other
rehabilitation programs established pursuant to this section, and it is not
intended that the establishment of such programs or the failure to establish
such programs creates any right or interest in liberty or property or
establishes a basis for any cause of action against the State, its political
subdivisions, agencies, boards, commissions, departments officers or employees.
(Added to NRS by 1979, 308; A 1979, 1379; 1989, 1884)
NRS 209.391 Director to administer programs of education, training and
rehabilitation, to establish programs for counseling, research, statistics and
planning and to purchase textbooks. The
Director shall:
1. Establish programs to provide medical,
psychological, psychiatric and other appropriate forms of counseling to offenders
under the jurisdiction of the Department in accordance with classification
requirements.
2. Administer programs of general
education, vocational training and other rehabilitation for offenders
established by the Board.
3. Within the limits of legislative
appropriations, purchase textbooks for use by offenders who are enrolled in
courses of general education and vocational training offered by any branch or
facility of the Nevada System of Higher Education. Any textbooks purchased
pursuant to this section must remain the property of the State and must be
reissued to offenders as appropriate.
4. Within the limits of legislative
appropriations, establish programs of research, statistics and planning to:
(a) Determine and review periodically the
effectiveness of the Department’s programs of education, vocational training
and other rehabilitation for offenders;
(b) Provide annually, and at other times when so
requested, to the Board, the Governor and the Legislature information
pertaining to:
(1) The number of offenders who are
participating in and who complete those programs;
(2) The effectiveness of those programs in
accomplishing their purposes; and
(3) The number of offenders who are
returned to prison after their release; and
(c) Effect appropriate changes in the programs
established by the Board.
(Added to NRS by 1977, 850; A 1979, 309, 1379; 1987, 1174; 1993, 365)
NRS 209.392 Residential confinement: Duration; notification to victim;
eligibility; violation of terms or conditions; status; restitution.
1. Except as otherwise provided in NRS 209.3925 and 209.429,
the Director may, at the request of an offender who is eligible for residential
confinement pursuant to the standards adopted by the Director pursuant to
subsection 3 and who has:
(a) Demonstrated a willingness and ability to
establish a position of employment in the community;
(b) Demonstrated a willingness and ability to
enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or
part of the costs of the offender’s confinement and to meet any existing
obligation for restitution to any victim of his or her crime,
Ê assign the
offender to the custody of the Division of Parole and Probation of the
Department of Public Safety to serve a term of residential confinement,
pursuant to NRS 213.380, for not longer
than the remainder of his or her sentence.
2. Upon receiving a request to serve a
term of residential confinement from an eligible offender, the Director shall
notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915, if any victim of a crime
committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of
the consideration of a prisoner for parole and has provided a current address,
the Division of Parole and Probation shall notify the victim of the offender’s
request and advise the victim that the victim may submit documents regarding
the request to the Division of Parole and Probation. If a current address has
not been provided as required by subsection 4 of NRS 213.131, the Division of Parole and
Probation must not be held responsible if such notification is not received by
the victim. All personal information, including, but not limited to, a current
or former address, which pertains to a victim and which is received by the
Division of Parole and Probation pursuant to this subsection is confidential.
3. The Director, after consulting with the
Division of Parole and Probation, shall adopt, by regulation, standards
providing which offenders are eligible for residential confinement. The
standards adopted by the Director must provide that an offender who:
(a) Has recently committed a serious infraction
of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to the
offender in a faithful and orderly manner;
(c) Has been convicted of:
(1) Any crime that is punishable as a
felony involving the use or threatened use of force or violence against the
victim within the immediately preceding 3 years;
(2) A sexual offense that is punishable as
a felony; or
(3) Except as otherwise provided in
subsection 4, a category A or B felony;
(d) Has more than one prior conviction for any
felony in this State or any offense in another state that would be a felony if
committed in this State, not including a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.420, 488.425 or 488.427; or
(e) Has escaped or attempted to escape from any
jail or correctional institution for adults,
Ê is not
eligible for assignment to the custody of the Division of Parole and Probation
to serve a term of residential confinement pursuant to this section.
4. The standards adopted by the Director
pursuant to subsection 3 must provide that an offender who has been convicted
of a category B felony is eligible for assignment to the custody of the
Division of Parole and Probation to serve a term of residential confinement
pursuant to this section if:
(a) The offender is not otherwise ineligible
pursuant to subsection 3 for an assignment to serve a term of residential
confinement; and
(b) The Director makes a written finding that
such an assignment of the offender is not likely to pose a threat to the safety
of the public.
5. If an offender assigned to the custody
of the Division of Parole and Probation pursuant to this section escapes or
violates any of the terms or conditions of the offender’s residential
confinement:
(a) The Division of Parole and Probation may,
pursuant to the procedure set forth in NRS
213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the
credits for good behavior earned by the offender before the escape or
violation, as determined by the Director. The Director may provide for a
forfeiture of credits pursuant to this paragraph only after proof of the
offense and notice to the offender and may restore credits forfeited for such
reasons as the Director considers proper. The decision of the Director
regarding such a forfeiture is final.
6. The assignment of an offender to the
custody of the Division of Parole and Probation pursuant to this section shall
be deemed:
(a) A continuation of the offender’s imprisonment
and not a release on parole; and
(b) For the purposes of NRS
209.341, an assignment to a facility of the Department,
Ê except that
the offender is not entitled to obtain any benefits or to participate in any
programs provided to offenders in the custody of the Department.
7. An offender does not have a right to be
assigned to the custody of the Division of Parole and Probation pursuant to
this section, or to remain in that custody after such an assignment, and it is
not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or
interest in liberty or property or establish a basis for any cause of action
against the State, its political subdivisions, agencies, boards, commissions,
departments, officers or employees.
8. The Division of Parole and Probation
may receive and distribute restitution paid by an offender assigned to the
custody of the Division of Parole and Probation pursuant to this section.
(Added to NRS by 1995, 1358; A 1997, 2412, 3242; 1999, 128, 659, 1276; 2001, 2583; 2001
Special Session, 137; 2003, 180; 2005, 165; 2007, 3172; 2009, 1886,
2510; 2011, 62; 2013, 187, 380)
NRS 209.3925 Residential confinement or other appropriate supervision of
offenders who are physically incapacitated or in ill health: Eligibility;
duration; notice; notification to victim; effect of violation of terms or
conditions; status; restitution.
1. Except as otherwise provided in
subsection 6, the Director may assign an offender to the custody of the
Division of Parole and Probation of the Department of Public Safety to serve a
term of residential confinement pursuant to NRS
213.380 or other appropriate supervision as determined by the Division of
Parole and Probation, for not longer than the remainder of his or her sentence,
if:
(a) The Director has reason to believe that the
offender is:
(1) Physically incapacitated or in ill
health to such a degree that the offender does not presently, and likely will
not in the future, pose a threat to the safety of the public; or
(2) In ill health and expected to die
within 12 months, and does not presently, and likely will not in the future,
pose a threat to the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 or 633
of NRS, one of whom is not employed by the Department, verify, in writing, that
the offender is:
(1) Physically incapacitated or in ill
health; or
(2) In ill health and expected to die
within 12 months.
2. If the Director intends to assign an
offender to the custody of the Division of Parole and Probation pursuant to
this section, at least 45 days before the date the offender is expected to be
released from the custody of the Department, the Director shall notify:
(a) The board of county commissioners of the
county in which the offender will reside; and
(b) The Division of Parole and Probation.
3. Except as otherwise provided in NRS 213.10915, if any victim of a crime
committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of
the consideration of a prisoner for parole and has provided a current address,
the Division of Parole and Probation shall notify the victim that:
(a) The Director intends to assign the offender
to the custody of the Division of Parole and Probation pursuant to this
section; and
(b) The victim may submit documents to the
Division of Parole and Probation regarding such an assignment.
Ê If a current
address has not been provided by a victim as required by subsection 4 of NRS 213.131, the Division of Parole and
Probation must not be held responsible if notification is not received by the
victim. All personal information, including, but not limited to, a current or
former address, which pertains to a victim and which is received by the
Division of Parole and Probation pursuant to this subsection is confidential.
4. If an offender assigned to the custody
of the Division of Parole and Probation pursuant to this section escapes or
violates any of the terms or conditions of his or her residential confinement
or other appropriate supervision as determined by the Division of Parole and
Probation:
(a) The Division of Parole and Probation may,
pursuant to the procedure set forth in NRS
213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the
credits for good behavior earned by the offender before the escape or
violation, as determined by the Director. The Director may provide for a
forfeiture of credits pursuant to this paragraph only after proof of the offense
and notice to the offender and may restore credits forfeited for such reasons
as the Director considers proper. The decision of the Director regarding such a
forfeiture is final.
5. The assignment of an offender to the
custody of the Division of Parole and Probation pursuant to this section shall
be deemed:
(a) A continuation of the offender’s imprisonment
and not a release on parole; and
(b) For the purposes of NRS
209.341, an assignment to a facility of the Department,
Ê except that
the offender is not entitled to obtain any benefits or to participate in any
programs provided to offenders in the custody of the Department.
6. The Director may not assign an offender
to the custody of the Division of Parole and Probation pursuant to this section
if the offender is sentenced to death or imprisonment for life without the
possibility of parole.
7. An offender does not have a right to be
assigned to the custody of the Division of Parole and Probation pursuant to
this section, or to remain in that custody after such an assignment, and it is
not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or
interest in liberty or property or establish a basis for any cause of action
against the State, its political subdivisions, agencies, boards, commissions,
departments, officers or employees.
8. The Division of Parole and Probation
may receive and distribute restitution paid by an offender assigned to the
custody of the Division of Parole and Probation pursuant to this section.
(Added to NRS by 1997, 2410; A 1999, 130, 661, 1278; 2001, 2585; 2003, 1176, 2575; 2011, 64; 2013, 189, 382)
NRS 209.393 Regulations regarding literacy of offenders. The Board may adopt regulations which:
1. Designate a level of literacy in
reading and writing which is consistent with that required by the State Board
of Education for its pupils in the eighth grade.
2. Provide for the testing of each
offender when he or she first becomes incarcerated, and as often as needed
thereafter, to determine his or her ability to read and write.
3. Establish guidelines for evaluating the
progress of an illiterate offender in an educational program.
4. Establish a course to teach English as
a second language, if necessary.
5. Are necessary to carry out the
provisions of this section and NRS 209.396.
(Added to NRS by 1993, 2517)
NRS 209.396 Limitations on assignment of offender to industrial or
vocational school; educational requirements for offender with developmental,
learning or other disability.
1. Except as otherwise provided in this
section, an offender who is illiterate may not be assigned to an industrial or
a vocational program unless:
(a) The offender is regularly attending and
making satisfactory progress in a program for general education; or
(b) The Director for good cause determines that
the limitation on assignment should be waived under the circumstances with
respect to a particular offender.
2. An offender whose:
(a) Native language is not English;
(b) Ability to read and write in his or her
native language is at or above the level of literacy designated by the Board in
its regulations; and
(c) Ability to read and write the English
language is below the level of literacy designated by the Board in its
regulations,
Ê may not be
assigned to an industrial or a vocational program unless the offender is
regularly attending and making satisfactory progress in a course which teaches
English as a second language or the Director for good cause determines that the
limitation on assignment should be waived under the circumstances with respect
to a particular offender.
3. Upon written documentation that an
illiterate offender has a developmental, learning or other similar disability
which affects his or her ability to learn, the Director may:
(a) Adapt or create an educational program or
guidelines for evaluating the educational progress of the offender to meet his
or her particular needs; or
(b) Exempt the offender from the required
participation in an educational program prescribed by this section.
4. The provisions of this section do not
apply to an offender who presents satisfactory evidence that the offender has
a:
(a) High school diploma; or
(b) General educational development certificate
or an equivalent document.
5. As used in this section, “illiterate”
means having an ability to read and write that is below the level of literacy
designated by the Board in its regulations.
(Added to NRS by 1993, 2517; A 2003, 1365; 2013, 3287)
NRS 209.401 Director may establish facilities for offenders to live in
community. The Director may, with
the approval of the Board, establish facilities which enable offenders to live
in a community while obtaining regular employment, enrolling in academic
courses, participating in vocational training programs, utilizing community
resources in meeting their personal and family needs, and participating in
whatever other approved programs may exist within the community.
(Added to NRS by 1977, 850)
NRS 209.417 Offenders not to have access to telecommunications devices;
exception.
1. Except as otherwise provided in
subsection 2, the warden or manager of an institution or facility shall ensure
that no offender in the institution or facility has access to a
telecommunications device.
2. An offender may use a telephone or, for
the purpose of communicating with his or her child pursuant to NRS 209.42305, any other approved telecommunications
device subject to the limitations set forth in NRS
209.419.
3. As used in this section,
“telecommunications device” means a device, or an apparatus associated with a
device, that can enable an offender to communicate with a person outside of the
institution or facility at which the offender is incarcerated. The term
includes, without limitation, a telephone, a cellular telephone, a personal
digital assistant, a transmitting radio or a computer that is connected to a
computer network, is capable of connecting to a computer network through the
use of wireless technology or is otherwise capable of communicating with a
person or device outside of the institution or facility.
(Added to NRS by 1999, 2712; A 2007, 71; 2011, 2667)
NRS 209.419 Interception of offender’s communications by telecommunications
devices: Notice; exceptions.
1. Communications made by an offender on
any telephone or other telecommunications device in an institution or facility
to any person outside the institution or facility may be intercepted if:
(a) The interception is made by an authorized
employee of the Department; and
(b) Signs are posted near all telephones and
other telecommunications devices in the institution or facility indicating that
communications may be intercepted.
2. The Director shall provide notice or
cause notice to be provided to both parties to a communication which is being
intercepted pursuant to subsection 1, indicating that the communication is
being intercepted. For the purposes of this section, a periodic sound which is
heard by both parties during the communication shall be deemed notice to both
parties that the communication is being intercepted.
3. The Director shall adopt regulations
providing for an alternate method of communication for those communications by
offenders which are confidential.
4. Except as otherwise provided in NRS 239.0115, a communication made by an
offender is confidential if it is made to:
(a) A federal or state officer.
(b) A local governmental officer who is at some
time responsible for the custody of the offender.
(c) An officer of any court.
(d) An attorney who has been admitted to practice
law in any state or is employed by a recognized agency providing legal
assistance.
(e) A reporter or editorial employee of any
organization that reports general news including, but not limited to, any wire
service or news service, newspaper, periodical, press association or radio or
television station.
(f) The Director.
(g) Any other employee of the Department whom the
Director may, by regulation, designate.
5. Reliance in good faith on a request or
order from the Director or the Director’s authorized representative constitutes
a complete defense to any action brought against any public utility
intercepting or assisting in the interception of communications made by
offenders pursuant to subsection 1.
6. As used in this section,
“telecommunications device” has the meaning ascribed to it in NRS 209.417.
(Added to NRS by 1983, 682; A 1985, 253, 2007, 2078; 2011, 2667)
NRS 209.423 Visits and correspondence between offenders and others. Wardens and managers may authorize visits and
correspondence between offenders and appropriate friends, relatives, and others
under regulations adopted by the Director and approved by the Board.
(Added to NRS by 1977, 850; A 1983, 723)
NRS 209.42305 Prisoner contact with child of prisoner; use of equipment for
videoconference.
1. Except as otherwise provided by law, by
order of the court or by regulations of the Department, the Director shall
allow a prisoner to maintain contact with a child of the prisoner who has been
placed with someone other than a parent of the child if the child is willing to
maintain such contact. Any such contact must be in accordance with regulations
adopted by the Department.
2. The Director must allow a prisoner to
videoconference with his or her child if such equipment is available.
(Added to NRS by 2011, 2666)
TREATMENT OF ABUSERS OF ALCOHOL OR DRUGS
Therapeutic Communities
NRS 209.4231 Definitions. As
used in NRS 209.4231 to 209.4244,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 209.4232 to 209.4235,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 2652)
NRS 209.4232 “Division” defined. “Division”
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.
(Added to NRS by 1997, 2652; A 1999, 1881; 2001, 433)
NRS 209.4233 “Program of aftercare” defined. “Program
of aftercare” means a program that is established pursuant to NRS 209.4238 to provide continuing treatment to those
offenders who successfully complete treatment in a therapeutic community.
(Added to NRS by 1997, 2652)
NRS 209.4234 “Substance abuser” defined. “Substance
abuser” means a person who abuses, is addicted to or is psychologically or
physically dependent on:
1. Alcohol;
2. A controlled substance; or
3. A drug, poison, solvent or toxic
inhalant. This subsection does not include tobacco or products made from
tobacco.
(Added to NRS by 1997, 2652)
NRS 209.4235 “Therapeutic community” defined. “Therapeutic
community” means a program that is established pursuant to NRS 209.4236 to provide treatment to certain
offenders who are substance abusers.
(Added to NRS by 1997, 2652)
NRS 209.4236 Director to establish therapeutic communities.
1. The Director shall, in conjunction with
the Division and with the approval of the Board, establish one or more
therapeutic communities to provide treatment to certain offenders who are
substance abusers. A therapeutic community must include, but is not limited to,
the requirements set forth in this section.
2. A therapeutic community must provide an
offender with:
(a) Intensive treatment for substance abuse;
(b) A clearly defined set of goals;
(c) A clearly defined structure of authority; and
(d) A highly structured schedule that includes,
but is not limited to, the treatment listed in paragraph (a) and, if
practicable, programs of employment, general education or vocational training.
3. Except as otherwise provided in NRS 209.4231 to 209.4244,
inclusive, offenders who are assigned to a therapeutic community, to the extent
practicable as determined by the Director or a person designated by the
Director:
(a) Must be housed in areas of a facility or
institution that are segregated from other areas of the facility or institution
in which offenders who are not assigned to the therapeutic community are
housed; and
(b) Must participate in the therapeutic community
for a period of 1 year and a program of aftercare for a period of 1 year if a
program of aftercare is required pursuant to NRS
209.4238.
(Added to NRS by 1997, 2652; A 2001, 433)
NRS 209.4237 Program to evaluate offenders for participation in therapeutic
community; assignment to participate in therapeutic community.
1. The Director shall, in conjunction with
the Division and with the approval of the Board, establish a program to
evaluate an offender in the custody of the Department to determine whether the
offender is a substance abuser and whether the offender may benefit from
participation in a therapeutic community.
2. An evaluation of an offender must be
conducted pursuant to subsection 1 if the offender is eligible to be assigned
to a therapeutic community.
3. After an evaluation is conducted
pursuant to subsection 1, the Director or a person designated by the Director
shall determine whether the offender is a substance abuser and whether the
offender may benefit from participation in a therapeutic community.
4. If a determination is made that the
offender is a substance abuser and that the offender may benefit from
participation in a therapeutic community, the Director or a person designated
by the Director shall determine whether to assign the offender to participate
in a therapeutic community. In determining whether to assign an offender to
participate in a therapeutic community, the Director or a person designated by
the Director shall:
(a) Consider the severity of the problem of
substance abuse by the offender and the availability of space in each
therapeutic community; and
(b) Give preference, to the extent practicable,
to those offenders who appear to be most capable of successfully participating
in and completing treatment in a therapeutic community.
5. To be eligible to be assigned to
participate in a therapeutic community, an offender must be within 2 years of
the date on which the offender is reasonably expected to be released, as determined
by the Director.
(Added to NRS by 1997, 2653; A 1999, 1162; 2001, 434, 1265)
NRS 209.4238 Programs of aftercare.
1. The Director shall, in conjunction with
the Division and with the approval of the Board, establish one or more programs
of aftercare to provide continuing treatment to those offenders who
successfully complete treatment in a therapeutic community.
2. Except as otherwise provided in NRS 209.4231 to 209.4244,
inclusive:
(a) An offender who successfully completes
treatment in a therapeutic community must be assigned, to the extent
practicable as determined by the Director or a person designated by the
Director, to a program of aftercare upon completion of treatment in a
therapeutic community.
(b) An offender shall participate, to the extent
practicable as determined by the Director or a person designated by the Director,
in a program of aftercare for a period of 1 year.
(c) If an offender is assigned to a program of
aftercare and, before or during participation in such a program, the offender
is released on parole:
(1) The offender shall continue to
participate in a program of aftercare, to the extent practicable as determined
by the Director or a person designated by the Director and by the State Board
of Parole Commissioners; and
(2) That participation, if any, must be
made a condition of parole pursuant to NRS
213.1235.
(d) If an offender is assigned to a program of
aftercare and, before or during participation in such a program, the offender
is assigned to serve a term of residential confinement pursuant to NRS 209.392, the offender shall continue to
participate in a program of aftercare to the extent practicable as determined
by the Director or a person designated by the Director.
(Added to NRS by 1997, 2653; A 2001, 434)
NRS 209.4239 Removal from therapeutic community or program of aftercare;
Director may establish conditions, sanctions and incentives regarding
participation; immunity.
1. The Director or a person designated by
the Director may remove an offender from a therapeutic community or a program
of aftercare, temporarily or permanently, for any lawful reason or purpose.
2. The Director may impose conditions on
the participation of an offender in a therapeutic community or a program of
aftercare and may establish sanctions and incentives relating to participation
in a therapeutic community or a program of aftercare.
3. The provisions of NRS 209.4231 to 209.4244,
inclusive, do not create a right on behalf of an offender to participate in a
therapeutic community or a program of aftercare and do not establish a basis
for any cause of action against the State or its officers or employees for
denial of the ability to participate in or for removal from a therapeutic
community or a program of aftercare.
(Added to NRS by 1997, 2654)
NRS 209.424 Offenders excluded from participation. An
offender may not participate in a therapeutic community if the offender:
1. Was sentenced to death or a term of
imprisonment for life without the possibility of parole; or
2. Is or was eligible to participate in
the program of treatment established pursuant to NRS
209.425, whether or not the offender actually participated in or completed
that program of treatment.
(Added to NRS by 1997, 2654; A 1999, 1163)
NRS 209.4242 Director may contract with qualified persons. To carry out the provisions of NRS 209.4231 to 209.4244,
inclusive, the Director may contract with persons or private entities that are
qualified to evaluate offenders who are substance abusers or qualified to
administer therapeutic communities or programs of aftercare.
(Added to NRS by 1997, 2654)
NRS 209.4244 Report by Director to Legislature. The
Director shall provide the following information to the Interim Finance
Committee on or before January 31 of each even-numbered year and to the Senate
Standing Committee on Finance and the Assembly Standing Committee on Ways and
Means at the beginning of each regular session of the Legislature:
1. The number of offenders who are
currently participating in therapeutic communities and programs of aftercare;
2. The number of offenders who have
participated in therapeutic communities and programs of aftercare and the
number of those offenders who subsequently have been arrested for other
offenses; and
3. The number of offenders who have
successfully completed treatment in therapeutic communities and programs of
aftercare and the number of those offenders who subsequently have been arrested
for other offenses.
Ê The Central
Repository for Nevada Records of Criminal History shall assist the Director in
obtaining all data that is necessary to prepare the information required by
subsections 2 and 3.
(Added to NRS by 1997, 2654)
Program for Treatment of Certain Offenders Imprisoned for
Driving Under Influence of Intoxicating Liquor or Controlled Substance
NRS 209.425 Establishment of program; program to include rehabilitation,
education and counseling; assignment of wages.
1. The Director shall, with the approval
of the Board, establish a program for the treatment of an abuser of alcohol or
drugs who is imprisoned for a violation of NRS
484C.110 or 484C.120 that is
punishable as a felony pursuant to NRS
484C.400 or 484C.410 or a
violation of NRS 484C.130, 484C.430, 488.420, 488.425 or 488.427. The program must include an
initial period of intensive mental and physical rehabilitation in a facility of
the Department, followed by regular sessions of education, counseling and any
other necessary or desirable treatment.
2. The Director may, upon the request of
the offender after the initial period of rehabilitation, allow the offender to
earn wages under any other program established by the Department if the
offender assigns to the Department any wages the offender earns under such a
program. The Director may deduct from the wages of the offender an amount
determined by the Director, with the approval of the Board, to:
(a) Offset the costs, as reflected in the budget
of the Department, to maintain the offender in a facility or institution of the
Department and in the program of treatment established pursuant to this
section; and
(b) Meet any existing obligation of the offender
for the support of his or her family or restitution to any victim of his or her
crime.
(Added to NRS by 1991, 778; A 2005, 167, 616; 2007, 2811; 2013, 190)
NRS 209.427 Assignment of offender to program; withdrawal of offender from
program.
1. If the results of an evaluation
conducted pursuant to NRS 484C.300 or
488.430 indicate that an offender is an
abuser of alcohol or drugs and that the offender can be treated successfully
for his or her condition, the Director shall, except as otherwise provided in
this section, assign the offender to the program of treatment established
pursuant to NRS 209.425. Such an assignment must
be, to the extent that the period reasonably can be predicted, for the year, or
as much thereof as practicable, immediately preceding the date the offender is
due to be released from prison, either on parole or at the expiration of the
offender’s term.
2. Before assigning an offender to a
program of treatment, the Director, in cooperation with the Division of Parole
and Probation of the Department of Public Safety, shall determine, to the
extent possible:
(a) The length of time remaining on the
offender’s sentence, taking into consideration any credits earned by the
offender; and
(b) The likelihood that the offender will
complete the entire program of treatment.
3. The Director shall when assigning
offenders to the program, to the extent possible, give preference to those
offenders who appear to the Director capable of successfully completing the
entire program.
4. The Director is not required to assign
an offender to the program of treatment if the offender is not eligible for
assignment to an institution or facility of minimum security pursuant to the
provisions of NRS 209.481 and the regulations
adopted pursuant thereto.
5. The Director may withdraw the offender
from the program of treatment at any time if the Director determines that the
offender:
(a) Is not responding satisfactorily to the
program; or
(b) Has failed or refused to comply with any term
or condition of the program.
6. As used in this section, “entire
program” means both phases of the program established pursuant to NRS 209.425, for offenders who have not been released
from prison, and NRS 209.429, for offenders who have
been assigned to the custody of the Division of Parole and Probation of the
Department of Public Safety.
(Added to NRS by 1991, 778; A 1995, 957; 2001, 2586; 2013, 191)
NRS 209.429 Director to assign offender to serve term of residential
confinement under certain circumstances; effect of violating terms or
conditions of residential confinement; status; restitution.
1. Except as otherwise provided in
subsection 6, the Director shall assign an offender to the custody of the
Division of Parole and Probation of the Department of Public Safety to serve a
term of residential confinement, pursuant to NRS
213.380, for not longer than the remainder of the maximum term or the
maximum aggregate term, as applicable, of his or her sentence if the offender
has:
(a) Demonstrated a willingness and ability to
establish a position of employment in the community;
(b) Demonstrated a willingness and ability to
enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or
part of the costs of his or her confinement and to meet any existing obligation
for restitution to any victim of his or her crime.
2. Before a person may be assigned to
serve a term of residential confinement pursuant to this section, he or she
must submit to the Division of Parole and Probation a signed document stating
that:
(a) He or she will comply with the terms or
conditions of the residential confinement; and
(b) If he or she fails to comply with the terms
or conditions of the residential confinement and is taken into custody outside
of this State, he or she waives all rights relating to extradition proceedings.
3. If an offender assigned to the custody
of the Division of Parole and Probation pursuant to this section escapes or
violates any of the terms or conditions of his or her residential confinement:
(a) The Division of Parole and Probation may,
pursuant to the procedure set forth in NRS
213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the
credits earned by the offender to reduce his or her sentence pursuant to this
chapter before the escape or violation, as determined by the Director. The
Director may provide for a forfeiture of credits pursuant to this paragraph
only after proof of the offense and notice to the offender and may restore
credits forfeited for such reasons as the Director considers proper. The
decision of the Director regarding forfeiture of credits is final.
4. The assignment of an offender to the
custody of the Division of Parole and Probation pursuant to this section shall
be deemed:
(a) A continuation of the offender’s imprisonment
and not a release on parole; and
(b) For the purposes of NRS
209.341, an assignment to a facility of the Department,
Ê except that
the offender is not entitled to obtain any benefits or to participate in any
programs provided to offenders in the custody of the Department.
5. A person does not have a right to be
assigned to the custody of the Division of Parole and Probation pursuant to
this section, or to remain in that custody after such an assignment, and it is
not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or
interest in liberty or property or establish a basis for any cause of action
against the State, its political subdivisions, agencies, boards, commissions,
departments, officers or employees.
6. The Director shall not assign an
offender who is serving a sentence for committing a battery which constitutes
domestic violence pursuant to NRS 33.018
to the custody of the Division of Parole and Probation to serve a term of
residential confinement unless the Director makes a finding that the offender
is not likely to pose a threat to the victim of the battery.
7. The Division of Parole and Probation
may receive and distribute restitution paid by an offender assigned to the
custody of the Division of Parole and Probation pursuant to this section.
(Added to NRS by 1991, 779; A 1993, 1520; 1995, 26, 958, 1253, 1334, 2388; 1997, 628, 1814; 2001, 2587; 2001
Special Session, 195; 2003, 289; 2007, 3174; 2013, 191, 222)
CREDITS ON TERM OF IMPRISONMENT
NRS 209.432 Definitions. As
used in NRS 209.432 to 209.451,
inclusive, unless the context otherwise requires:
1. “Offender” includes:
(a) A person who is convicted of a felony under
the laws of this State and sentenced, ordered or otherwise assigned to serve a
term of residential confinement.
(b) A person who is convicted of a felony under
the laws of this State and assigned to the custody of the Division of Parole
and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.
2. “Residential confinement” means the
confinement of a person convicted of a felony to his or her place of residence
under the terms and conditions established pursuant to specific statute. The
term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
(Added to NRS by 1991, 779, 1409; A 1993, 553, 554; 1997, 3182; 1999, 2880; 2001, 1163, 1937; 2001
Special Session, 157; 2003, 26, 27, 408, 2576; 2013, 37)
NRS 209.433 Credits for offender sentenced on or before June 30, 1969.
1. Every offender who was sentenced to
prison on or before June 30, 1969, who has no serious infraction of the
regulations of the Department, the terms and conditions of his or her
residential confinement, or the laws of the State recorded against the
offender, and who performs in a faithful, orderly and peaceable manner the
duties assigned to the offender, must be allowed for his or her term a
deduction of 2 months in each of the first 2 years, 4 months in each of the
next 2 years, and 5 months in each of the remaining years of the term, and pro
rata for any part of a year where the sentence is for more or less than a year.
2. In addition to the credits for good
behavior provided for in subsection 1, the Board shall adopt regulations
allowing credits for offenders whose diligence in labor or study merits the
credits and for offenders who donate their blood for charitable purposes. The
regulations must provide that an offender is entitled to the following credits
for educational achievement:
(a) For earning a general educational development
certificate or an equivalent document, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. Each offender is entitled to the
deductions allowed by this section if the offender has satisfied the conditions
of subsection 1 or 2 as determined by the Director.
(Added to NRS by 1977, 851; A 1983, 723; 1985, 686; 1989, 385; 1991, 780; 1993, 134; 1999, 134; 2003, 1366; 2013, 3287)
NRS 209.443 Credits for offender sentenced after June 30, 1969, for crime
committed before July 1, 1985.
1. Every offender who is sentenced to
prison after June 30, 1969, for a crime committed before July 1, 1985, who has
no serious infraction of the regulations of the Department, the terms and
conditions of his or her residential confinement, or the laws of the State
recorded against the offender, and who performs in a faithful, orderly and
peaceable manner the duties assigned to the offender, must be allowed:
(a) For the period the offender is actually
incarcerated under sentence; and
(b) For the period the offender is in residential
confinement,
Ê a deduction
of 2 months for each of the first 2 years, 4 months for each of the next 2
years and 5 months for each of the remaining years of the term, and pro rata
for any part of a year where the actual term served is for more or less than a
year. Credit must be recorded on a monthly basis as earned for actual time
served.
2. The credits earned by an offender must
be deducted from the maximum term or the maximum aggregate term imposed by the
sentence, as applicable, and, except as otherwise provided in subsection 5,
must apply to eligibility for parole.
3. In addition to the credits for good
behavior provided for in subsection 1, the Board shall adopt regulations
allowing credits for offenders whose diligence in labor or study merits such
credits and for offenders who donate their blood for charitable purposes. The
regulations must provide that an offender is entitled to the following credits
for educational achievement:
(a) For earning a general educational development
certificate or an equivalent document, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the
deductions allowed by this section if the offender has satisfied the conditions
of subsection 1 or 3 as determined by the Director.
5. Credits earned pursuant to this section
do not apply to eligibility for parole if a statute specifies a minimum
sentence which must be served before a person becomes eligible for parole.
(Added to NRS by 1977, 851; A 1983, 360, 723; 1985, 1925; 1989, 386; 1991, 780; 1993, 135; 1999, 135; 2003, 1366; 2013, 223, 3288)
NRS 209.446 Credits for offender sentenced for crime committed on or after
July 1, 1985, but before July 17, 1997.
1. Every offender who is sentenced to
prison for a crime committed on or after July 1, 1985, but before July 17,
1997, who has no serious infraction of the regulations of the Department, the
terms and conditions of his or her residential confinement or the laws of the
State recorded against the offender, and who performs in a faithful, orderly
and peaceable manner the duties assigned to the offender, must be allowed:
(a) For the period the offender is actually
incarcerated under sentence;
(b) For the period the offender is in residential
confinement; and
(c) For the period the offender is in the custody
of the Division of Parole and Probation of the Department of Public Safety
pursuant to NRS 209.4886 or 209.4888,
Ê a deduction
of 10 days from the offender’s sentence for each month the offender serves.
2. In addition to the credit provided for
in subsection 1, the Director may allow not more than 10 days of credit each
month for an offender whose diligence in labor and study merits such credits.
In addition to the credits allowed pursuant to this subsection, an offender is
entitled to the following credits for educational achievement:
(a) For earning a general educational development
certificate or an equivalent document, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The Director may allow not more than 10
days of credit each month for an offender who participates in a diligent and
responsible manner in a center for the purpose of making restitution, program
for reentry of offenders and parolees into the community, conservation camp,
program of work release or another program conducted outside of the prison. An
offender who earns credit pursuant to this subsection is entitled to the entire
20 days of credit each month which is authorized in subsections 1 and 2.
4. The Director may allow not more than 90
days of credit each year for an offender who engages in exceptional meritorious
service.
5. The Board shall adopt regulations
governing the award, forfeiture and restoration of credits pursuant to this
section.
6. Credits earned pursuant to this
section:
(a) Must be deducted from the maximum term or the
maximum aggregate term imposed by the sentence, as applicable; and
(b) Apply to eligibility for parole unless the
offender was sentenced pursuant to a statute which specifies a minimum sentence
which must be served before a person becomes eligible for parole.
(Added to NRS by 1985, 1924; A 1987, 510; 1989, 387; 1991, 217, 782; 1993, 136; 1997, 3182; 1999, 2880; 2001, 1163, 1937; 2001
Special Session, 157; 2003, 26, 28, 1367, 2577; 2007, 3175; 2013, 224, 3288)
NRS 209.4465 Credits for offender sentenced for crime committed on or after
July 17, 1997.
1. An offender who is sentenced to prison
for a crime committed on or after July 17, 1997, who has no serious infraction
of the regulations of the Department, the terms and conditions of his or her
residential confinement or the laws of the State recorded against the offender,
and who performs in a faithful, orderly and peaceable manner the duties
assigned to the offender, must be allowed:
(a) For the period the offender is actually
incarcerated pursuant to his or her sentence;
(b) For the period the offender is in residential
confinement; and
(c) For the period the offender is in the custody
of the Division of Parole and Probation of the Department of Public Safety
pursuant to NRS 209.4886 or 209.4888,
Ê a deduction
of 20 days from his or her sentence for each month the offender serves.
2. In addition to the credits allowed
pursuant to subsection 1, the Director may allow not more than 10 days of credit
each month for an offender whose diligence in labor and study merits such
credits. In addition to the credits allowed pursuant to this subsection, an
offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development
certificate or an equivalent document, 60 days.
(b) For earning a high school diploma, 90 days.
(c) For earning his or her first associate
degree, 120 days.
3. The Director may, in his or her
discretion, authorize an offender to receive a maximum of 90 days of credit for
each additional degree of higher education earned by the offender.
4. The Director may allow not more than 10
days of credit each month for an offender who participates in a diligent and
responsible manner in a center for the purpose of making restitution, program
for reentry of offenders and parolees into the community, conservation camp,
program of work release or another program conducted outside of the prison. An
offender who earns credit pursuant to this subsection is eligible to earn the
entire 30 days of credit each month that is allowed pursuant to subsections 1
and 2.
5. The Director may allow not more than 90
days of credit each year for an offender who engages in exceptional meritorious
service.
6. The Board shall adopt regulations
governing the award, forfeiture and restoration of credits pursuant to this
section.
7. Except as otherwise provided in
subsections 8 and 9, credits earned pursuant to this section:
(a) Must be deducted from the maximum term or the
maximum aggregate term imposed by the sentence, as applicable; and
(b) Apply to eligibility for parole unless the
offender was sentenced pursuant to a statute which specifies a minimum sentence
that must be served before a person becomes eligible for parole.
8. Credits earned pursuant to this section
by an offender who has not been convicted of:
(a) Any crime that is punishable as a felony
involving the use or threatened use of force or violence against the victim;
(b) A sexual offense that is punishable as a
felony;
(c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony;
or
(d) A category A or B felony,
Ê apply to
eligibility for parole and, except as otherwise provided in subsection 9, must
be deducted from the minimum term or the minimum aggregate term imposed by the
sentence, as applicable, until the offender becomes eligible for parole and
must be deducted from the maximum term or the maximum aggregate term imposed by
the sentence, as applicable.
9. Credits deducted pursuant to subsection
8 may reduce the minimum term or the minimum aggregate term imposed by the
sentence, as applicable, by not more than 58 percent for an offender who:
(a) Is serving a sentence for an offense committed
on or after July 1, 2014; or
(b) On or after July 1, 2014, makes an
irrevocable election to have his or her consecutive sentences aggregated
pursuant to NRS 213.1212.
(Added to NRS by 1997, 3175; A 1999, 2881; 2001, 1164, 1937; 2001
Special Session, 157; 2003, 26, 28, 1367, 2577; 2007, 3176; 2009, 1887;
2013, 225,
3289)
NRS 209.447 Credits for offender sentenced after June 30, 1991, for crime
committed before July 1, 1985, and released on parole.
1. An offender who is sentenced after June
30, 1991, for a crime committed before July 1, 1985, and who is released on
parole for a term less than life must, if the offender has no serious
infraction of the terms and conditions of his or her parole or the laws of this
state recorded against the offender, be allowed for the period the offender is
actually on parole a deduction of 2 months for each of the first 2 years, 4
months for each of the next 2 years and 5 months for each of the remaining years
of the term, and pro rata for any part of a year where the actual term served
is for more or less than a year. Credit must be recorded on a monthly basis as
earned.
2. An offender who is sentenced after June
30, 1991, for a crime committed on or after July 1, 1985, and who is released
on parole for a term less than life must, if the offender has no serious
infraction of the terms and conditions of his or her parole or the laws of this
state recorded against the offender, be allowed for the period the offender is
actually on parole a deduction of 10 days from the offender’s sentence for each
month the offender serves.
3. An offender is entitled to the
deductions authorized by this section only if the offender satisfies the
conditions of subsection 1 or 2, as determined by the Director. The Chief
Parole and Probation Officer or other person responsible for the supervision of
an offender shall report to the Director the failure of an offender to satisfy
those conditions.
4. Credits earned pursuant to this section
must, in addition to any credits earned pursuant to NRS
209.443, 209.446, 209.4465,
209.4475, 209.448 and 209.449, be deducted from the maximum term or the
maximum aggregate term imposed by the sentence, as applicable.
5. The Director shall maintain records of
the credits to which each offender is entitled pursuant to this section.
(Added to NRS by 1991, 1409; A 1993, 557; 1997, 3183; 1999, 136; 2003, 408; 2013, 226)
NRS 209.4475 Credits for offender on parole as of January 1, 2004, or
released on parole on or after January 1, 2004.
1. In addition to any credits earned
pursuant to NRS 209.447, an offender who is on
parole as of January 1, 2004, or who is released on parole on or after January
1, 2004, for a term less than life must be allowed for the period the offender
is actually on parole a deduction of 20 days from the offender’s sentence for
each month the offender serves if:
(a) The offender is current with any fee to
defray the costs of his or her supervision pursuant to NRS 213.1076; and
(b) The offender is current with any payment of
restitution required pursuant to NRS
213.126.
2. In addition to any credits earned
pursuant to subsection 1 and NRS 209.447, the
Director may allow not more than 10 days of credit each month for an offender:
(a) Who is on parole as of January 1, 2004, or
who is released on parole on or after January 1, 2004, for a term less than
life; and
(b) Whose diligence in labor or study merits such
credits.
3. An offender is entitled to the
deductions authorized by this section only if the offender satisfies the conditions
of subsection 1 or 2, as determined by the Director. The Chief Parole and
Probation Officer or other person responsible for the supervision of an
offender shall report to the Director the failure of an offender to satisfy
those conditions.
4. Credits earned pursuant to this section
must, in addition to any credits earned pursuant to NRS
209.443, 209.446, 209.4465,
209.447, 209.448 and 209.449, be deducted from the maximum term or the
maximum aggregate term imposed by the sentence, as applicable.
5. The Director shall maintain records of
the credits to which each offender is entitled pursuant to this section.
(Added to NRS by 2003, 407; A 2007, 3177; 2013, 227)
NRS 209.448 Credits for completion of program of treatment for abuse of
alcohol or drugs.
1. An offender who has no serious
infraction of the regulations of the Department or the laws of the State
recorded against the offender must be allowed, in addition to the credits
provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than 60 days from
the maximum term or the maximum aggregate term of the offender’s sentence, as
applicable, for the successful completion of a program of treatment for the
abuse of alcohol or drugs which is conducted jointly by the Department and a
person who is licensed as a clinical alcohol and drug abuse counselor, licensed
or certified as an alcohol and drug abuse counselor or certified as an alcohol
and drug abuse counselor intern or a clinical alcohol and drug abuse counselor
intern, pursuant to chapter 641C of NRS.
2. The provisions of this section apply to
any offender who is sentenced on or after October 1, 1991.
(Added to NRS by 1991, 1404; A 1993, 1520; 1995, 1254; 1997, 3184; 1999, 1881, 3063; 2001, 219; 2007, 3083, 3178; 2013, 227)
NRS 209.449 Credits for completion of vocational education and training or
other program.
1. An offender who has no serious
infraction of the regulations of the Department, the terms and conditions of
his or her residential confinement or the laws of the State recorded against
the offender must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a
deduction of 60 days from the maximum term or the maximum aggregate term of the
offender’s sentence, as applicable, for the successful completion of:
(a) A program of vocational education and
training; or
(b) Any other program approved by the Director.
2. If the offender completes such a
program with meritorious or exceptional achievement, the Director may allow not
more than 60 days of credit in addition to the 60 days allowed for completion
of the program.
(Added to NRS by 1989, 1883; A 1991, 782; 1993, 137; 1995, 1254; 1997, 3184; 2003, 1368; 2007, 3178; 2013, 227)
NRS 209.4495 Limitation on amount of credit offender may earn.
1. Notwithstanding any provision of NRS 209.432 to 209.451,
inclusive, which entitles an offender to receive credit or which authorizes the
Director to allow credit for an offender, an offender may not earn more than
the amount of credit required to expire his or her sentence.
2. Nothing in this section shall be
construed to reduce retroactively the amount of credit earned by an offender if
doing so would constitute a violation under the Constitution of the United
States or the Constitution of the State of Nevada.
(Added to NRS by 2013, 37)
NRS 209.451 Forfeiture and restoration of credits.
1. If an offender:
(a) Commits an assault upon his or her keeper or
a foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of a flagrant disregard of the
regulations of the Department or of the terms and conditions of his or her
residential confinement;
(c) Commits a misdemeanor, gross misdemeanor or
felony; or
(d) In a civil action, in state or federal court,
is found by the court to have presented a pleading, written motion or other
document in writing to the court which:
(1) Contains a claim or defense that is
included for an improper purpose, including, without limitation, for the
purpose of harassing the offender’s opponent, causing unnecessary delay in the
litigation or increasing the cost of the litigation;
(2) Contains a claim, defense or other
argument which is not warranted by existing law or by a reasonable argument for
a change in existing law or a change in the interpretation of existing law; or
(3) Contains allegations or information
presented as fact for which evidentiary support is not available or is not
likely to be discovered after further investigation,
Ê the offender
forfeits all deductions of time earned by the offender before the commission of
that offense or act, or forfeits such part of those deductions as the Director
considers just.
2. If an offender commits a serious
violation of the regulations of the Department or of the terms and conditions
of his or her residential confinement or if an offender violates subsection 4
of NRS 209.367, the offender may forfeit all or
part of such deductions, in the discretion of the Director.
3. A forfeiture may be made only by the
Director after proof of the commission of an act prohibited pursuant to this
section and notice to the offender in the manner prescribed in the regulations
of the Department. The decision of the Director regarding a forfeiture is
final.
4. The Director may restore credits
forfeited for such reasons as the Director considers proper.
5. As used in this section, “civil action”
includes a petition for a writ of habeas corpus filed in state or federal
court.
(Added to NRS by 1977, 852; A 1985, 687, 1926; 1991, 1410; 1995, 210; 1997, 1642; 1999, 146)
EMPLOYMENT OF OFFENDERS
NRS 209.457 Program for operating conservation camps.
1. The State Forester Firewarden shall, in
cooperation with the Department, establish and carry out a program for
operating conservation camps in this State.
2. The program established pursuant to
subsection 1:
(a) May use offenders who are committed to the
custody of the Department and eligible for assignment to an institution or
facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant
thereto to perform work relating to firefighting, forestry conservation
programs, public safety and other work projects, including, without limitation,
day labor projects, emergency response and work projects that promote
conservation of natural resources and human resources; and
(b) Must include the training necessary to
prepare the staff of a conservation camp and the offenders assigned to the
conservation camp to assist in firefighting and other work projects in a safe
manner.
3. The State Forester Firewarden, with the
approval of the Director of the State Department of Conservation and Natural
Resources, may enter into:
(a) Contracts with any state or federal public
agency, municipal corporation or any person for the performance of conservation
projects, including, without limitation, conservation projects relating to
forest fire protection and control, watershed management, soil conservation,
vegetation management, range management and the beautification of highways; and
(b) Cooperative agreements with federal agencies,
counties, county fire protection districts, cities and private landowners to
carry out a program for operating conservation camps as set forth in this
section.
(Added to NRS by 2009, 4)
NRS 209.459 Employment of offenders: Report on potential impacts of new
program; program for employment in services and manufacturing; submission of
contract related to new program for approval.
1. The Director shall:
(a) Submit a report to the Committee on
Industrial Programs identifying the potential impacts of any new program for
the employment of offenders on private employers and labor in this State. In
preparing such a report, the Director shall include any information required
pursuant to paragraph (b) of subsection 7 of NRS
209.461 and must perform due diligence in obtaining such information from:
(1) The Department of Employment, Training
and Rehabilitation;
(2) The Department of Business and
Industry;
(3) The Office of Economic Development;
and
(4) Representatives of organized labor in
this State.
(b) Seek and present the recommendations of the
Committee on Industrial Programs to the Board of State Prison Commissioners
and, with the approval of the Board of State Prison Commissioners, establish
and carry out a program for the employment of offenders in services and
manufacturing conducted by institutions of the Department or by private
employers.
2. Before any new program for the
employment of offenders is established pursuant to this section, the Director
shall submit any contract related to the employment of such offenders to the
State Board of Examiners for approval.
(Added to NRS by 1979, 1381; A 1987, 1019; 2001, 2392; 2013, 1802)
NRS 209.461 Duties and powers of Director; requirements for programs for
employment of offenders.
1. The Director shall:
(a) To the greatest extent possible, approximate
the normal conditions of training and employment in the community.
(b) Except as otherwise provided in this section,
to the extent practicable, require each offender, except those whose behavior
is found by the Director to preclude participation, to spend 40 hours each week
in vocational training or employment, unless excused for a medical reason or to
attend educational classes in accordance with NRS
209.396. The Director shall require as a condition of employment that an
offender sign an authorization for the deductions from his or her wages made
pursuant to NRS 209.463. Authorization to make the
deductions pursuant to NRS 209.463 is implied from
the employment of an offender and a signed authorization from the offender is
not required for the Director to make the deductions pursuant to NRS 209.463.
(c) Use the earnings from services and
manufacturing conducted by the institutions and the money paid by private
employers who employ the offenders to offset the costs of operating the prison
system and to provide wages for the offenders being trained or employed.
(d) Provide equipment, space and management for
services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to
supervise and instruct offenders.
(f) Contract with governmental agencies and
private employers for the employment of offenders, including their employment
on public works projects under contracts with the State and with local
governments.
(g) Contract for the use of offenders’ services
and for the sale of goods manufactured by offenders.
(h) On or before January 1, 2014, and every 5 years
thereafter, submit a report to the Director of the Legislative Counsel Bureau
for distribution to the Committee on Industrial Programs. The report must
include, without limitation, an analysis of existing contracts with private
employers for the employment of offenders and the potential impact of those
contracts on private industry in this State.
(i) Submit a report to each meeting of the
Interim Finance Committee identifying any accounts receivable related to a
program for the employment of offenders.
2. Every program for the employment of
offenders established by the Director must:
(a) Employ the maximum number of offenders
possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by
the program to reduce the cost of maintaining the offenders in the
institutions;
(c) Have an insignificant effect on the number of
jobs available to the residents of this State; and
(d) Provide occupational training for offenders.
3. An offender may not engage in
vocational training, employment or a business that requires or permits the
offender to:
(a) Telemarket or conduct opinion polls by
telephone; or
(b) Acquire, review, use or have control over or
access to personal information concerning any person who is not incarcerated.
4. Each fiscal year, the cumulative
profits and losses, if any, of the programs for the employment of offenders
established by the Director must result in a profit for the Department. The
following must not be included in determining whether there is a profit for the
Department:
(a) Fees credited to the Fund for Prison
Industries pursuant to NRS 482.268, any
revenue collected by the Department for the leasing of space, facilities or
equipment within the institutions or facilities of the Department, and any
interest or income earned on the money in the Fund for Prison Industries.
(b) The selling expenses of the Central Administrative
Office of the programs for the employment of offenders. As used in this
paragraph, “selling expenses” means delivery expenses, salaries of sales
personnel and related payroll taxes and costs, the costs of advertising and the
costs of display models.
(c) The general and administrative expenses of
the Central Administrative Office of the programs for the employment of
offenders. As used in this paragraph, “general and administrative expenses”
means the salary of the Deputy Director of Industrial Programs and the salaries
of any other personnel of the Central Administrative Office and related payroll
taxes and costs, the costs of telephone usage, and the costs of office supplies
used and postage used.
5. If any state-sponsored program incurs a
net loss for 2 consecutive fiscal years, the Director shall appear before the
Committee on Industrial Programs to explain the reasons for the net loss and
provide a plan for the generation of a profit in the next fiscal year. If the
program does not generate a profit in the third fiscal year, the Director shall
take appropriate steps to resolve the issue.
6. Except as otherwise provided in
subsection 3, the Director may, with the approval of the Board:
(a) Lease spaces and facilities within any
institution of the Department to private employers to be used for the
vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of
leaving institutions or facilities of the Department at certain times for the
purpose of vocational training or employment.
7. Before entering into any contract with
a private employer for the employment of offenders pursuant to subsection 1,
the Director shall obtain from the private employer:
(a) A personal guarantee to secure an amount
fixed by the Director but not less than 100 percent of the prorated annual
amount of the contract, a surety bond made payable to the State of Nevada in an
amount fixed by the Director but not less than 100 percent of the prorated
annual amount of the contract and conditioned upon the faithful performance of
the contract in accordance with the terms and conditions of the contract, or a
security agreement to secure any debt, obligation or other liability of the
private employer under the contract, including, without limitation, lease
payments, wages earned by offenders and compensation earned by personnel of the
Department.
(b) A detailed written analysis on the estimated
impact of the contract on private industry in this State. The written analysis
must include, without limitation:
(1) The number of private companies in
this State currently providing the types of products and services offered in
the proposed contract.
(2) The number of residents of this State
currently employed by such private companies.
(3) The number of offenders that would be
employed under the contract.
(4) The skills that the offenders would
acquire under the contract.
8. The provisions of this chapter do not
create a right on behalf of the offender to employment or to receive the federal
or state minimum wage for any employment and do not establish a basis for any
cause of action against the State or its officers or employees for employment
of an offender or for payment of the federal or state minimum wage to an
offender.
9. As used in this section,
“state-sponsored program” means a program for the vocational training or
employment of offenders which does not include a contract of employment with a
private employer.
(Added to NRS by 1977, 852; A 1979, 889, 1380; 1981, 733; 1983, 724; 1985, 254, 590, 1897; 1987, 1020; 1989, 551, 2122; 1991, 1586; 1993, 286, 2517; 1995, 2592; 1999, 2712; 2001, 378; 2007, 67; 2013, 1803)
NRS 209.4615 Offender to obtain approval of Director for employment,
contractual activity or business activity; private employment of offender.
1. An offender shall obtain the approval
of the Director before the offender:
(a) Engages in any employment, including, but not
limited to, employment by a private employer or self-employment;
(b) Enters into a contract; or
(c) Participates in a business activity.
2. The Director has sole discretion to
approve or disapprove employment, contractual activity or business activity
pursuant to subsection 1 and may withdraw approval at any time.
3. An offender who is employed by a
private employer shall:
(a) Deposit his or her income from such
employment in the offender’s individual account in the Prisoners’ Personal
Property Fund;
(b) Provide the Director with a copy of all the
offender’s federal income tax returns, reports and withholding forms when they
become available to the offender; and
(c) Provide the Director with a record of any of
the offender’s bank accounts, including, but not limited to, a checking
account, savings account, investment account or account with a brokerage firm,
upon a request from the Director.
4. Upon request of the Director, a private
employer who employs an offender shall provide the Director with:
(a) Monthly statements accounting for all wages
the employer paid to the offender; and
(b) Any additional information concerning the
employment of the offender that is requested by the Director.
(Added to NRS by 1997, 3177)
NRS 209.462 Director to provide secure facility for production of license
plates. The Director shall provide
a secure facility to be used by the Department of Motor Vehicles for the
production of license plates.
(Added to NRS by 1987, 1022; A 2001, 2588)
NRS 209.463 Deductions from wages earned by offender during incarceration;
priority of deductions. Except as
otherwise provided in NRS 209.2475, the Director
may make the following deductions, in the following order of priority, from the
wages earned by an offender from any source during the offender’s
incarceration:
1. If the hourly wage of the offender is
equal to or greater than the federal minimum wage:
(a) An amount the Director deems reasonable for
deposit with the State Treasurer for credit to the Fund for the Compensation of
Victims of Crime.
(b) An amount the Director considers reasonable
to meet an existing obligation of the offender for the support of his or her
family.
(c) An amount determined by the Director, with
the approval of the Board, for deposit in the State Treasury for credit to the
Fund for New Construction of Facilities for Prison Industries, but only if the
offender is employed through a program for prison industries.
(d) An amount determined by the Director for
deposit in the individual account of the offender in the Prisoners’ Personal
Property Fund.
(e) An amount determined by the Director, with
the approval of the Board, to offset the cost of maintaining the offender in
the institution, as reflected in the budget of the Department. An amount
deducted pursuant to this paragraph may include, but is not limited to, an
amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244,
inclusive, in a therapeutic community or a program of aftercare, or both.
(f) A deduction pursuant to NRS 209.246.
(g) An amount determined by the Director for
deposit in a savings account for the offender, in which interest on the money
deposited does not accrue, to be used for the payment of the expenses of the
offender related to his or her release, or if the offender dies before his or
her release, to defray expenses related to arrangements for his or her funeral.
(h) An amount the Director considers reasonable
to meet an existing obligation of the offender for restitution to any victim of
his or her crime.
(i) An amount the Director considers reasonable
to pay the balance of any fee imposed upon the offender for genetic marker
analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(j) An amount the Director considers reasonable
to pay the balance of an administrative assessment included in the judgment
entered against the offender for each crime for which the offender is
incarcerated and the balance of an unpaid administrative assessment included in
a judgment entered against the offender for a crime committed in this state for
which the offender was previously convicted. An amount deducted from the wages
of the offender pursuant to this paragraph must be submitted:
(1) If the offender does not have an
administrative assessment owing from a judgment entered for a crime previously
committed in this state, to the court that entered the judgment against the
offender for which the offender is incarcerated.
(2) If the offender has an administrative
assessment owing from a judgment entered for a crime previously committed in
this state, to the court that first entered a judgment for which an
administrative assessment is owing, until the balance owing has been paid.
(k) An amount the Director considers reasonable
to pay the balance of a fine included in the judgment entered against the
offender for each crime for which the offender is incarcerated and the balance
of an unpaid fine included in a judgment entered against the offender for a
crime committed in this state for which the offender was previously convicted.
An amount deducted from the wages of the offender pursuant to this paragraph
must be submitted:
(1) If the offender does not have a fine
owing from a judgment entered for a crime previously committed in this state,
to the court that entered the judgment against the offender for which the
offender is incarcerated.
(2) If the offender has a fine owing from
a judgment entered for a crime previously committed in this state, to the court
that first entered a judgment for which a fine or administrative assessment is
owing, until the balance owing has been paid.
Ê The Director
shall determine the priority of any other deduction authorized by law from the
wages earned by the offender from any source during the offender’s
incarceration.
2. If the hourly wage of the offender is
less than the federal minimum wage:
(a) An amount the Director deems reasonable for
deposit with the State Treasurer for credit to the Fund for the Compensation of
Victims of Crime.
(b) An amount determined by the Director, with
the approval of the Board, for deposit in the State Treasury for credit to the
Fund for New Construction of Facilities for Prison Industries, but only if the
offender is employed through a program for prison industries.
(c) An amount determined by the Director for
deposit in the individual account of the offender in the Prisoners’ Personal
Property Fund.
(d) An amount determined by the Director, with
the approval of the Board, to offset the cost of maintaining the offender in
the institution, as reflected in the budget of the Department. An amount
deducted pursuant to this paragraph may include, but is not limited to, an
amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244,
inclusive, in a therapeutic community or a program of aftercare, or both.
(e) A deduction pursuant to NRS 209.246.
(f) An amount the Director considers reasonable
to pay the balance of any fee imposed upon the offender for genetic marker
analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(g) An amount determined by the Director for
deposit in a savings account for the offender, in which interest on the money
deposited does not accrue, to be used for the payment of the expenses of the
offender related to the offender’s release, or if the offender dies before the
offender’s release, to defray expenses related to arrangements for the
offender’s funeral.
Ê The Director
shall determine the priority of any other deduction authorized by law from the
wages earned by the offender from any source during the offender’s
incarceration.
(Added to NRS by 1985, 590; A 1991, 1587; 1993, 936; 1995, 2594; 1997, 1683, 2655, 3184; 1999, 649, 654; 2013, 1080)
NRS 209.471 Offender may be allowed to participate in program beneficial to
community. The Director, with the
approval of the Board, may allow offenders to participate in certain
educational, civic and charitable programs in and deemed beneficial to the
community in accordance with classification standards and appropriate security
measures.
(Added to NRS by 1977, 853)
NRS 209.481 Assignment of offender to institution or facility of minimum
security.
1. Except as otherwise provided in NRS 176A.780, the Director shall not
assign any prisoner to an institution or facility of minimum security if the
prisoner:
(a) Except as otherwise provided in NRS 484C.400, 484C.410, 484C.430, 484C.440, 488.420, 488.425 and 488.427, is not eligible for parole or
release from prison within a reasonable period;
(b) Has recently committed a serious infraction
of the rules of an institution or facility of the Department;
(c) Has not performed the duties assigned to him
or her in a faithful and orderly manner;
(d) Has ever been convicted of a sexual offense
that is punishable as a felony;
(e) Has, within the immediately preceding year,
been convicted of any crime involving the use or threatened use of force or
violence against a victim that is punishable as a felony; or
(f) Has attempted to escape or has escaped from
an institution of the Department.
2. The Director shall, by regulation,
establish procedures for classifying and selecting qualified prisoners.
(Added to NRS by 1977, 1058; A 1981, 341; 1991, 218; 2001
Special Session, 196; 2005, 167, 617; 2007, 3178; 2013, 192, 1847)
INDUSTRIAL AND AGRICULTURAL PROGRAMS
NRS 209.4815 Procedure for emergency purchase of supplies, materials or
equipment. The Director may
establish a procedure for the emergency purchase of supplies, materials or
equipment for industrial and agricultural programs in institutions of the
Department with money dedicated for that purpose. No such purchases may be made
without the prior permission of the Administrator of the Purchasing Division of
the Department of Administration. If such a procedure is established by the
Director, the provisions of chapter 333 of
NRS do not apply to those emergency purchases.
(Added to NRS by 1987, 1021; A 1993, 1521)
NRS 209.4817 Committee on Industrial Programs: Creation; members; terms of
appointed members; appointment of alternate members; payment of compensation,
allowances and travel expenses.
1. The Committee on Industrial Programs is
hereby created.
2. The Committee consists of the Director
of the Department, the Administrator of the Purchasing Division of the
Department of Administration and nine regular members appointed by the Interim
Finance Committee as follows:
(a) Two members of the Senate.
(b) Two members of the Assembly.
(c) Two persons who represent manufacturing in
this State.
(d) One person who represents business in this
State.
(e) Two persons who represent organized labor in
this State.
3. The regular members of the Committee
shall select a Chair from among their membership.
4. Each regular member of the Committee
appointed by the Interim Finance Committee must be appointed to a term of 2
years and may be reappointed.
5. At the first meeting of the Committee
following each regular session of the Legislature, the Chair of the Committee
may appoint nine alternate members to serve in the place of regular members who
are unable to attend a meeting or perform their duties, as follows:
(a) Two members of the Senate, each of whom may
serve in the place of a member of the Senate appointed pursuant to paragraph
(a) of subsection 2.
(b) Two members of the Assembly, each of whom may
serve in the place of a regular member of the Assembly appointed pursuant to
paragraph (b) of subsection 2.
(c) Two persons who represent manufacturing in
this State, each of whom may serve in the place of a person appointed pursuant
to paragraph (c) of subsection 2.
(d) One person who represents business in this
State, who may serve in the place of the person appointed pursuant to paragraph
(d) of subsection 2.
(e) Two persons who represent organized labor in
this State, each of whom may serve in the place of a person appointed pursuant
to paragraph (e) of subsection 2.
Ê Each
alternate member appointed by the Chair must be appointed to a term of 2 years
and may be reappointed.
6. Except during a regular or special
session of the Legislature, each Legislator who is a regular member or an
alternate member of the Committee is entitled to receive the compensation
provided for a majority of the members of the Legislature during the first 60
days of the preceding regular session for each day or portion of a day during
which the Legislator attends a meeting of the Committee or is otherwise engaged
in the work of the Committee. Each nonlegislative regular member or alternate
member appointed by the Interim Finance Committee or the Chair of the Committee
on Industrial Programs is entitled to receive compensation for the member’s
service on the Committee on Industrial Programs in the same amount and manner
as the legislative regular members or alternate members whether or not the
Legislature is in session. Each nonlegislative regular member or alternate
member of the Committee is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally. Each
Legislator who is a regular member or an alternate member of the Committee is
entitled to receive the per diem allowance provided for state officers and
employees generally and the travel expenses provided pursuant to NRS 218A.655. All compensation,
allowances and travel expenses must be paid from the Fund for Prison
Industries.
(Added to NRS by 2001, 2390; A 2007, 26; 2013, 1805)
NRS 209.4818 Committee on Industrial Programs: Duties.
1. The Committee on Industrial Programs
shall:
(a) Be informed on issues and developments
relating to industrial programs for correctional institutions;
(b) Submit a semiannual report to the Interim
Finance Committee before July 1 and December 1 of each year on the status of
current and proposed industrial programs for correctional institutions;
(c) Report to the Legislature on any other matter
relating to industrial programs for correctional institutions that it deems
appropriate;
(d) Meet at least quarterly and at the call of
the Chair to review the operation of current and proposed industrial programs;
(e) Recommend three persons to the Director for
appointment as the Deputy Director for Industrial Programs whenever a vacancy
exists;
(f) Before any new industrial program is
established by the Director, review the proposed program for compliance with
the requirements of subsections 2, 3, 4 and 7 of NRS
209.461 and submit to the Director its recommendations concerning the
proposed program; and
(g) Review each state-sponsored industry program
established pursuant to subsection 2 of NRS 209.461
to determine whether the program is operating profitably. If the Committee
determines that a program has incurred a net loss in 3 consecutive fiscal
years, the Committee shall report its finding to the Director with a recommendation
regarding whether the program should be continued or terminated. If the
Director does not accept the recommendation of the Committee, the Director
shall submit a written report to the Committee setting forth his or her reasons
for rejecting the recommendation.
2. Upon the request of the Committee on
Industrial Programs, the Director and the Deputy Director for Industrial
Programs shall provide to the Committee any information that the Committee
determines is relevant to the performance of the duties of the Committee.
3. As used in this section,
“state-sponsored industry program” means a program for the vocational training
or employment of offenders which does not include a contract of employment with
a private employer.
(Added to NRS by 2001, 2391; A 2007, 68; 2013, 1806)
RESTITUTION TO VICTIMS
NRS 209.4827 Centers to house offenders. The
Director may:
1. With the approval of the Board,
establish centers to house offenders within a community so they may work to
earn wages with which to make restitution to the victims of their crimes.
2. If space is available, assign to the
center:
(a) An offender participating in a work or
educational release program.
(b) An offender who has been paroled if such a
request is made by the Division of Parole and Probation of the Department of
Public Safety.
(Added to NRS by 1981, 615; A 1983, 385; 1993, 1521; 2001, 2588)
NRS 209.4829 Assignment of offender to center. The
Director may assign an offender to a center for the purpose of making
restitution only if:
1. The offender requests the assignment;
2. The Director determines that the
offender is suitable for the assignment;
3. The court set an amount of restitution
pursuant to NRS 176.033; and
4. The offender makes an assignment to the
Department of his or her wages earned while at the center.
(Added to NRS by 1981, 615; A 1989, 678)
NRS 209.4831 Deduction from wages of offender for living expenses. The Director shall determine, with the
approval of the Board, an amount to be deducted from the wages of each parolee
or other offender assigned to a center to offset the cost of providing the
offender with housing, transportation, meals and medical and dental services at
the center.
(Added to NRS by 1981, 616; A 1983, 385; 1985, 591)
NRS 209.4837 Agreement for assignment and distribution of wages of offender;
schedule of restitution. Once the Director
determines that restitution voluntarily offered by the offender can be made,
the Director shall attempt to negotiate and enter into an agreement with the
offender which provides for an assignment to the Department of all wages which
the offender earns:
1. To make restitution payments:
(a) To the victims of any crime for which the
offender is incarcerated and for which an amount of restitution was set
pursuant to NRS 176.033; and
(b) For expenses related to extradition in
accordance with NRS 179.225;
2. To reimburse the Department in part for
its costs in providing the offender housing, transportation, meals and medical
and dental services at the center, if applicable; and
3. For the offender’s own account to the
Prisoners’ Personal Property Fund.
Ê The
agreement must contain a schedule of restitution payments to be made to all
victims of crimes for which the offender is incarcerated and for which an
amount of restitution was set pursuant to NRS
176.033. The payments may be made subject to such terms as the Director
considers advisable.
(Added to NRS by 1981, 616; A 1985, 591, 1898; 1989, 678, 1130; 1993, 936)
NRS 209.4841 Distribution of earnings of offender.
1. The Director shall arrange for all
earnings of an offender assigned to a center to be paid directly from the
employer of the offender to the Department.
2. The Department shall:
(a) From the wages of an offender who has been
paroled:
(1) Deduct the amount for housing,
transportation, meals and medical and dental services determined under NRS 209.4831; and
(2) Distribute any remainder to the
offender.
(b) From the wages of any other offender:
(1) Deduct the amount for housing,
transportation, meals and medical and dental services determined under NRS 209.4831;
(2) Distribute any amount required by the
schedule of restitution payments; and
(3) Deposit any remainder to the
offender’s account in the Prisoners’ Personal Property Fund,
Ê in that
order or priority.
(Added to NRS by 1981, 617; A 1983, 385; 1985, 592; 1989, 1130)
NRS 209.4843 Termination of payments of restitution. Payments
of restitution through the Department must terminate:
1. When the offender is released from
prison, except that the payments may be continued as a condition of parole; or
2. When the victim has received the full
amount set by the court pursuant to NRS
176.033,
Ê whichever
occurs first.
(Added to NRS by 1981, 617; A 1985, 1898; 1989, 679; 1993, 149)
PROGRAMS OF REENTRY INTO COMMUNITY
NRS 209.4871 Definitions. As
used in NRS 209.4871 to 209.4889,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 209.4873 to 209.488,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1160; A 2003, 2578)
NRS 209.4873 “Correctional program” defined. “Correctional
program” means a program for reentry of offenders and parolees into the
community that is established by the Director pursuant to NRS 209.4887.
(Added to NRS by 2003, 2573)
NRS 209.4874 “Division” defined. “Division”
means the Division of Parole and Probation of the Department of Public Safety.
(Added to NRS by 2001, 1160)
NRS 209.4877 “Judicial program” defined. “Judicial
program” means a program for reentry of offenders and parolees into the
community that is established in a judicial district pursuant to NRS 209.4883.
(Added to NRS by 2001, 1160; A 2003, 2578)
NRS 209.488 “Reentry court” defined. “Reentry
court” means the court in a judicial district that has established a judicial
program.
(Added to NRS by 2001, 1160; A 2003, 2578)
NRS 209.4883 Judicial program: Establishment; assignment of offenders;
supervision of offenders.
1. A judicial district may establish a
judicial program for reentry of offenders and parolees into the community
pursuant to this section.
2. If a judicial district establishes a
judicial program pursuant to this section, the reentry court shall:
(a) Determine whether offenders who are referred
by the Director pursuant to NRS 209.4886 should be
assigned to the custody of the Division to participate in a judicial program.
(b) Determine whether parolees who are referred
by the Chair of the State Board of Parole Commissioners pursuant to NRS 213.625 should be ordered by the Board
to participate in a judicial program as a condition of their parole.
(c) Supervise offenders and parolees
participating in the judicial program during their participation in the
judicial program.
3. An offender may not be assigned to the
custody of the Division to participate in a judicial program unless the reentry
court grants prior approval of the assignment pursuant to this section.
4. Except as otherwise provided in NRS 213.625, a parolee may not participate
in a judicial program as a condition of his or her parole unless the reentry
court grants prior approval for his or her participation pursuant to this
section.
(Added to NRS by 2001, 1160; A 2003, 2578)
NRS 209.4886 Participation in judicial program: Referral of offender to
reentry court; powers and duties of Director; regulations; reimbursement of
costs; effect of violation of terms and conditions; status of offender.
1. Except as otherwise provided in this
section, if a judicial program has been established in the judicial district in
which an offender was sentenced to imprisonment, the Director may, after
consulting with the Division, refer the offender to the reentry court if:
(a) The Director believes that the offender would
participate successfully in and benefit from the judicial program;
(b) The offender has demonstrated a willingness
to:
(1) Engage in employment or participate in
vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for
restitution to any victim of his or her crime; and
(c) The offender is within 2 years of his or her
probable release from prison, as determined by the Director.
2. Except as otherwise provided in this
section, if the Director is notified by the reentry court pursuant to NRS 209.4883 that an offender should be assigned to
the custody of the Division to participate in the judicial program, the Director
shall assign the offender to the custody of the Division to participate in the
judicial program for not longer than the remainder of the offender’s sentence.
3. The Director shall, by regulation,
adopt standards setting forth which offenders are eligible to be assigned to
the custody of the Division to participate in the judicial program pursuant to
this section. The standards adopted by the Director must be approved by the
Board and must provide that an offender who:
(a) Has recently committed a serious infraction
of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to the
offender in a faithful and orderly manner;
(c) Has, within the immediately preceding year,
been convicted of any crime involving the use or threatened use of force or
violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense
that is punishable as a felony; or
(e) Has escaped or attempted to escape from any
jail or correctional institution for adults,
Ê is not
eligible for assignment to the custody of the Division pursuant to this section
to participate in a judicial program.
4. The Director shall adopt regulations
requiring offenders who are assigned to the custody of the Division pursuant to
this section to reimburse the reentry court, the Division and the Department
for the cost of their participation in a judicial program, to the extent of
their ability to pay.
5. The reentry court may return the
offender to the custody of the Department at any time for any violation of the
terms and conditions imposed by the reentry court.
6. If an offender assigned to the custody
of the Division pursuant to this section violates any of the terms or
conditions imposed by the reentry court and is returned to the custody of the
Department, the offender forfeits all or part of the credits for good behavior
earned by the offender before the offender was returned to the custody of the
Department, as determined by the Director. The Director may provide for a
forfeiture of credits pursuant to this subsection only after proof of the
violation and notice is given to the offender. The Director may restore credits
so forfeited for such reasons as the Director considers proper. The decision of
the Director regarding such a forfeiture is final.
7. The assignment of an offender to the
custody of the Division pursuant to this section shall be deemed:
(a) A continuation of the offender’s imprisonment
and not a release on parole; and
(b) For the purposes of NRS
209.341, an assignment to a facility of the Department,
Ê except that
the offender is not entitled to obtain any benefits or to participate in any
programs provided to offenders in the custody of the Department.
8. An offender does not have a right to be
assigned to the custody of the Division pursuant to this section, or to remain
in that custody after such an assignment. It is not intended that the
establishment or operation of a judicial program creates any right or interest
in liberty or property or establishes a basis for any cause of action against
the State of Nevada, its political subdivisions, agencies, boards, commissions,
departments, officers or employees.
(Added to NRS by 2001, 1161; A 2003, 2579; 2007, 3178)
NRS 209.4887 Correctional program: Establishment; assignment of offenders;
restitution.
1. The Director may establish a
correctional program for reentry of offenders and parolees into the community
pursuant to this section.
2. If the Director establishes a
correctional program pursuant to this section, the Director shall:
(a) Determine whether offenders in the custody of
the Department are suitable to participate in a correctional program.
(b) Determine whether parolees who are referred
by the Chair of the State Board of Parole Commissioners pursuant to NRS 213.632 are suitable to participate in
a correctional program as a condition of their parole.
(c) Request that the Chair of the State Board of
Parole Commissioners assign to a correctional program offenders and parolees
determined by the Director to be suitable to participate in a correctional
program, under the terms and conditions agreed upon by the Director and the
Chair, including, if appropriate, supervision of the offenders and parolees by
the Division during their participation in the correctional program.
3. An offender or parolee may not be
assigned to the custody of the Division to participate in a correctional
program unless the Director grants prior approval of the assignment pursuant to
this section.
4. The Division may receive and distribute
restitution paid by an offender assigned to the custody of the Division
pursuant to this section.
(Added to NRS by 2003, 2573; A 2013, 193)
NRS 209.4888 Participation in correctional program: Suitability of offender;
powers and duties of Director; regulations; reimbursement of costs; effect of
violation of terms and conditions; status of offender.
1. Except as otherwise provided in this
section, if a correctional program has been established by the Director in the
county in which an offender was sentenced to imprisonment, the Director may,
after consulting with the Division, determine that an offender is suitable to
participate in the correctional program if:
(a) The Director believes that the offender would
participate successfully in and benefit from the correctional program;
(b) The offender has demonstrated a willingness
to:
(1) Engage in employment or participate in
vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for
restitution to any victim of his or her crime; and
(c) The offender is within 2 years of his or her
probable release from prison, as determined by the Director.
2. Except as otherwise provided in this section,
if the Director determines that an offender is suitable to participate in the
correctional program, the Director shall request that the Chair of the State
Board of Parole Commissioners assign the offender to the custody of the
Division to participate in the correctional program. The Chair may assign the
offender to the custody of the Division to participate in the correctional
program for not longer than the remainder of the offender’s sentence.
3. The Director shall, by regulation,
adopt standards setting forth which offenders are suitable to participate in
the correctional program pursuant to this section. The standards adopted by the
Director must be approved by the Board and must provide that an offender who:
(a) Has recently committed a serious infraction
of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to the
offender in a faithful and orderly manner;
(c) Has, within the immediately preceding year,
been convicted of any crime involving the use or threatened use of force or
violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense
that is punishable as a felony; or
(e) Has escaped or attempted to escape from any
jail or correctional institution for adults,
Ê is not
eligible for assignment to the custody of the Division pursuant to this section
to participate in a correctional program.
4. The Director shall adopt regulations
requiring offenders who are assigned to the custody of the Division pursuant to
this section to reimburse the Division and the Department for the cost of their
participation in a correctional program, to the extent of their ability to pay.
5. The Director may return the offender to
the custody of the Department at any time for any violation of the terms and
conditions agreed upon by the Director and the Chair.
6. If an offender assigned to the custody
of the Division pursuant to this section violates any of the terms or
conditions agreed upon by the Director and the Chair and is returned to the
custody of the Department, the offender forfeits all or part of the credits for
good behavior earned by the offender before the offender was returned to the
custody of the Department, as determined by the Director. The Director may
provide for a forfeiture of credits pursuant to this subsection only after
proof of the violation and notice is given to the offender. The Director may
restore credits so forfeited for such reasons as the Director considers proper.
The decision of the Director regarding such a forfeiture is final.
7. The assignment of an offender to the
custody of the Division pursuant to this section shall be deemed:
(a) A continuation of the offender’s imprisonment
and not a release on parole; and
(b) For the purposes of NRS
209.341, an assignment to a facility of the Department,
Ê except that
the offender is not entitled to obtain any benefits or to participate in any
programs provided to offenders in the custody of the Department.
8. An offender does not have a right to be
assigned to the custody of the Division pursuant to this section, or to remain
in that custody after such an assignment. It is not intended that the
establishment or operation of a correctional program creates any right or
interest in liberty or property or establishes a basis for any cause of action
against the State of Nevada, its political subdivisions, agencies, boards,
commissions, departments, officers or employees.
(Added to NRS by 2003, 2574; A 2007, 3180)
NRS 209.4889 Powers and duties of Director: Contracting for certain services
for offenders or parolees in correctional or judicial program; providing
referrals and information regarding services; applying for and accepting gifts
and grants.
1. The Director may, after consulting with
the Division, enter into one or more contracts with one or more public or
private entities to provide any of the following services, as necessary and
appropriate, to offenders or parolees participating in a correctional or
judicial program:
(a) Transitional housing;
(b) Treatment pertaining to substance abuse or
mental health;
(c) Training in life skills;
(d) Vocational rehabilitation and job skills
training; and
(e) Any other services required by offenders or
parolees who are participating in a correctional or judicial program.
2. The Director shall, as necessary and
appropriate, provide referrals and information regarding:
(a) Any of the services provided pursuant to
subsection 1;
(b) Access and availability of any appropriate
self-help groups;
(c) Social services for families and children;
and
(d) Permanent housing.
3. The Director may apply for and accept
any gift, donation, bequest, grant or other source of money to carry out the
provisions of this section. Money received pursuant to this subsection may be
deposited with the State Treasurer for credit to the Account for Reentry
Programs in the State General Fund created by NRS 480.810.
4. As used in this section, “training in
life skills” includes, without limitation, training in the areas of:
(a) Parenting;
(b) Improving human relationships;
(c) Preventing domestic violence;
(d) Maintaining emotional and physical health;
(e) Preventing abuse of alcohol and drugs;
(f) Preparing for and obtaining employment; and
(g) Budgeting, consumerism and personal finances.
(Added to NRS by 2001, 1162; A 2003, 2580; 2009, 2593)
RELEASE OR ESCAPE OF OFFENDER
NRS 209.492 Status while participating in work or educational release
program or other assignment. Any
offender participating in work or educational release programs or in any other
classification assignment under the provisions of this chapter, other than
parole:
1. Continues to be in the legal custody of
the Director during the offender’s absence from an institution.
2. Is considered within the confines of
the institution for these purposes, and is subject to all provisions of law
pertaining to his or her confinement, regardless of the location of his or her
assignment.
(Added to NRS by 1977, 853)
NRS 209.501 Temporary furloughs.
1. The Director may grant temporary
furloughs consistent with classification evaluations and requirements:
(a) To permit offenders to:
(1) Be interviewed by prospective
employers;
(2) Respond to family emergencies; or
(3) Participate in other approved
activities.
(b) For such other purposes as may be deemed
appropriate by the Director with the approval of the Board.
2. Furloughs:
(a) Are limited to the confines of the State.
(b) Must not be granted to offenders:
(1) Sentenced to life imprisonment without
the possibility of parole.
(2) Imprisoned for violations of chapter 201 of NRS who have not been certified
by the designated board as eligible for parole.
(c) Must not be granted to an offender who is
imprisoned for committing a battery which constitutes domestic violence
pursuant to NRS 33.018, unless the
Director makes a finding that the offender is not likely to pose a threat to
the victim of the battery.
3. The Director shall notify appropriate
law enforcement authorities in the affected county or city to anticipate the
arrival of the offender within their jurisdiction and inform them of the date
and time of the offender’s arrival, the reason the furlough was granted, the
time when the furlough expires and any other pertinent information which the
Director deems appropriate.
4. The Director with the approval of the
Board shall adopt regulations for administering the provisions of this section
and governing the conduct of offenders granted a furlough.
(Added to NRS by 1977, 853; A 1997, 1816)
NRS 209.511 Duties of Director when offender released from prison.
1. When an offender is released from
prison by expiration of his or her term of sentence, by pardon or by parole, the
Director:
(a) May furnish the offender with a sum of money
not to exceed $100, the amount to be based upon the offender’s economic need as
determined by the Director;
(b) Shall give the offender notice of the
provisions of chapter 179C of NRS and NRS 202.357 and 202.360;
(c) Shall require the offender to sign an
acknowledgment of the notice required in paragraph (b);
(d) Shall give the offender notice of the
provisions of NRS 179.245 and the
provisions of NRS 213.090, 213.155 or 213.157, as applicable;
(e) Shall provide the offender with information relating
to obtaining employment, including, without limitation, any programs which may
provide bonding for an offender entering the workplace and any organizations
which may provide employment or bonding assistance to such a person;
(f) Shall provide the offender with a photo
identification card issued by the Department and information and reasonable
assistance relating to acquiring a valid driver’s license or identification
card to enable the offender to obtain employment, if the offender:
(1) Requests a photo identification card;
or
(2) Requests such information and
assistance and is eligible to acquire a valid driver’s license or
identification card from the Department of Motor Vehicles;
(g) May provide the offender with clothing
suitable for reentering society;
(h) May provide the offender with the cost of
transportation to his or her place of residence anywhere within the continental
United States, or to the place of his or her conviction;
(i) May, but is not required to, release the
offender to a facility for transitional living for released offenders that is
licensed pursuant to chapter 449 of NRS; and
(j) Shall require the offender to submit to at
least one test for exposure to the human immunodeficiency virus.
2. The costs authorized in paragraphs (a),
(f), (g), (h) and (j) of subsection 1 must be paid out of the appropriate
account within the State General Fund for the use of the Department as other
claims against the State are paid to the extent that the costs have not been
paid in accordance with subsection 5 of NRS 209.221
and NRS 209.246.
3. As used in this section:
(a) “Facility for transitional living for
released offenders” has the meaning ascribed to it in NRS 449.0055.
(b) “Photo identification card” means a document
which includes the name, date of birth and a color picture of the offender.
(Added to NRS by 1977, 853; A 1979, 921; 1983, 725; 1987, 1474; 1991, 72; 1993, 7; 1995, 365; 2001, 1695; 2005, 267, 2357; 2011, 2602;
2013, 1259)
NRS 209.517 Notice to Department of Motor Vehicles when certain offenders
have completed period of imprisonment or are placed on residential confinement. The Director shall notify the Department of
Motor Vehicles when an offender who has had his or her license, permit or
privilege to drive revoked pursuant to NRS
483.460 has completed a period of imprisonment or is placed on residential
confinement. The notification process must conform to the guidelines provided
in regulation by the Department of Motor Vehicles pursuant to NRS 483.460.
(Added to NRS by 2007, 2051; A 2009, 1861)
NRS 209.521 Notification of victim of escape or release of offender.
1. If a victim of an offender provides his
or her current address to the Director and makes a written request for
notification of the offender’s release or escape, the Director shall notify the
victim if the offender:
(a) Will be released into the community for the
purpose of employment, training or education, or for any other purpose for
which release is authorized; or
(b) Has escaped from the custody of the
Department.
2. An offender must not be temporarily
released into the community for any purpose unless notification of the release
has been given to every victim of the offender who has requested notification
and has provided his or her current address.
3. The Director may not be held
responsible for any injury proximately caused by the Director’s failure to give
any notice required pursuant to subsection 1 or 2 if no address was provided to
the Director or the address provided is inaccurate or not current.
4. All personal information, including,
but not limited to, a current or former address, which pertains to a victim and
which is received by the Director pursuant to this section is confidential.
5. As used in this section, “victim” has
the meaning ascribed to it in NRS 213.005.
(Added to NRS by 1985, 2098; A 1997, 3244; 2001
Special Session, 197)
