USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 209 - DEPARTMENT OF CORRECTIONS
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
)
“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)
“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)
“Custody” means the level of
security restrictions imposed on an offender by a classification
committee.
(Added to NRS by 1977, 845)
“Department” means the
Department of Corrections.
(Added to NRS by 1977, 845; A 2001 Special Session, 192 )
“Director” means the Director of
the Department.
(Added to NRS by 1977, 845; A 2001 Special Session, 192 )
“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)
“Institution” means a prison
designed to house 125 or more offenders within a secure perimeter.
(Added to NRS by 1977, 845; A 1983, 719)
“Manager” means the administrative
officer in charge of a facility.
(Added to NRS by 1983, 719)
“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)
“Warden” means the administrative
officer in charge of an institution.
(Added to NRS by 1983, 719)
ADMINISTRATION OF DEPARTMENT
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 )
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)
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 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)
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 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. 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.
9. 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 )
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 )
1. The Director may delegate to an assistant 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 authority shall be deemed an official act of the
Director.
(Added to NRS by 1997, 3177)
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 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 )
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 )
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)
1. The Director shall appoint an Assistant 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 Assistant Director appointed pursuant to
subsection 1, the Director shall appoint such other assistant directors
as are necessary.
3. The assistant directors are in the classified service of the
State except for purposes of retention.
4. During any absence of the Director, he shall designate an
assistant director or a warden to act as Director of the Department
without increase in salary.
5. The assistant 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)
The Assistant 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
Assistant Director for Industrial Programs.
(Added to NRS by 1987, 1019; A 2001 Special Session, 193 ; 2005, 319 )
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 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
jurisdiction.
(Added to NRS by 1977, 846; A 1983, 720; 2001, 1831 )
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
him 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)
In addition to
his 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
reports to work if his residence is more than 25 miles from the
respective facility. The total cost for compensation for travel expenses
authorized by this section must not exceed the amount specially
appropriated for this purpose.
(Added to NRS by 1987, 1648; A 1999, 2976 ; 2001 Special Session, 193 )
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 )
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. 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 )
1. The Prison Revolving Account in the sum of $10,000 is hereby
created, and may be used for the payment of bills requiring immediate
payment and for the issuance of money to assist newly released or paroled
offenders, and for no other purposes.
2. The Director may deposit the Prison Revolving Account in one or
more banks or credit unions of reputable standing.
3. Payments made from the Prison Revolving Account must be
promptly reimbursed from appropriated money of the Department on claims
as other claims against the State are paid.
(Added to NRS by 1977, 847; A 1979, 340; 1993, 940; 1999, 1459
)
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 7, 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 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. 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.
8. If an offender has insufficient money in his 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 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.
9. The statement required by subsection 8 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.
10. 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.
11. 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 )
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)
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 )
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
)
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
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)
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 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 he receives into his
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) Shall pay over to each offender upon his release any remaining
balance in his individual account.
4. The interest and income earned on the money in the Fund, after
deducting any applicable charges, must be credited to the Offenders’
Store Fund.
5. 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 Prisoners’ Personal Property 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 Prisoners’ Personal
Property Fund.
6. An offender who does not deposit all money he receives into his
individual account in the Prisoners’ Personal Property Fund as required
in this section is guilty of a gross misdemeanor.
7. 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.
(Added to NRS by 1977, 848; A 1981, 1559; 1983, 1582; 1985, 923;
1989, 1129; 1995, 2592; 1997, 3180)
1. A prisoner or former prisoner may file an administrative claim
with the Department to recover compensation for the loss of his personal
property, property damage, personal injuries or any other claim arising
out of a tort alleged to have occurred during his 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)
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 incarceration.
(b) Medical examination, diagnosis or treatment for injuries:
(1) Inflicted by the offender upon himself or other
offenders; or
(2) Which occur during voluntary recreational activities.
(c) Searching for and apprehending the offender when he 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 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 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 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 )
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 his
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 his 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 release or, if the offender dies before his release, to
defray expenses related to arrangements for his funeral.
6. An amount the Director considers reasonable to meet an existing
obligation of the offender for restitution to a victim of his 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 he 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 he was
previously convicted. An amount deducted from a source other than the
wages earned by the offender during his 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 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 he 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 he was previously convicted. An amount deducted
from any source other than the wages earned by the offender during his
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 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 testing 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 incarceration.
(Added to NRS by 1997, 2657, 3175; A 1999, 649 , 654 )
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 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)
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 )
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
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 Supreme Court,
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)
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)
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 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 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 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 )
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, he 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 him 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 )
If an offender has filed an action
in federal court alleging a violation of his 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)
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)
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 he is at the correctional facility to which he 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)
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)
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
)
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 the cost of the custody and care of that person which may
be borne by the local government affected.
(Added to NRS by 1977, 849; A 1983, 722)
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 his
return to the Department.
(Added to NRS by 1977, 849)
An offender may be taken outside an institution
or facility under appropriate precautions to prevent his escape, when
necessary for medical evaluation or treatment, as determined by the
Director or his 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 his designee.
(Added to NRS by 1977, 849; A 1983, 722; 1997, 3181)
CUSTODY, CARE AND EDUCATION OF OFFENDERS
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)
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 he 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 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)
1. The Director, through the designated medical director, may
request from the Division of Mental Health and Developmental Services 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
his 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
Mental Health and Developmental Services 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 Mental Health and Developmental Services 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 Mental Health and
Developmental Services 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 )
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 )
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 )
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)
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 his
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)
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 his
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)
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)
Corporal punishment and inhumane treatment of offenders are prohibited.
(Added to NRS by 1977, 850)
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)
1. The State Health 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
)
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 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)
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 him with the offender or require him 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, the infamous crime against
nature, sexual intercourse in its ordinary meaning 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 Health Division of the Department of Health and Human Services. A
person who provides instruction for this program must be certified to do
so by the Health Division.
(b) May adopt such regulations as are necessary to carry out the
provisions of this section.
6. As used in this section:
(a) “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.
(b) “Infamous crime against nature” means anal intercourse,
cunnilingus or fellatio between natural persons of the same sex.
(Added to NRS by 1989, 385; A 1993, 6, 516, 517; 1997, 906)
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)
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)
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)
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) Established a position of employment in the community;
(b) Enrolled in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of
his confinement and to meet any existing obligation for restitution to
any victim of his 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
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. If any victim of a crime committed by
the offender has, pursuant to subsection 4 of NRS 213.130 , 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 he 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 213.130 , 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) 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 in a faithful and
orderly manner;
(d) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force
or violence against the victim; or
(2) A sexual offense;
(e) 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 484.379 , 484.3795 or 484.37955 ;
(f) Has escaped or attempted to escape from any jail or
correctional institution for adults; or
(g) Has not made an effort in good faith to participate in or to
complete any educational or vocational program or any program of
treatment, as ordered by the Director,
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. 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 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 him 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 he
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 his 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. 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.
(Added to NRS by 1995, 1358; A 1997, 2412, 3242; 1999, 128 , 659 , 1276 ; 2001, 2583 ; 2001 Special Session, 137 ; 2003, 180 ; 2005, 165 )
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 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 he 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) If the offender will reside within this State after he is
released from the custody of the Department, the board of county
commissioners of the county in which the offender will reside; and
(b) The Division of Parole and Probation.
3. If any victim of a crime committed by the offender has,
pursuant to subsection 4 of NRS 213.130 , 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 213.130 , 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 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 him 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 he
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 his 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.
(Added to NRS by 1997, 2410; A 1999, 130 , 661 , 1278 ; 2001, 2585 ; 2003, 1176 , 2575 )
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 first becomes
incarcerated, and as often as needed thereafter, to determine his 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)
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) He 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 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 he
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
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
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 he has a high school diploma or a
general educational development certificate.
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 )
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)
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 subject to the limitations set
forth in NRS 209.419 .
3. As used in this section, “telecommunications device” means a
device that can be used by 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 or a computer that is connected to a computer network
or is otherwise capable of communicating with a person or device outside
of the facility.
(Added to NRS by 1999, 2712 )
1. Communications made by an offender on any telephone 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 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. 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 his 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.
(Added to NRS by 1983, 682; A 1985, 253)
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)
TREATMENT OF ABUSERS OF ALCOHOL OR DRUGS
Therapeutic Communities
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)
“Health Division” means
the Health Division of the Department of Health and Human Services.
(Added to NRS by 1997, 2652; A 1999, 1881 ; 2001, 433 )
“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)
“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)
“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)
1. The Director shall, in conjunction with the Health 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 )
1. The Director shall, in conjunction with the Health 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 )
1. The Director shall, in conjunction with the Health 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 his 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 his 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 )
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)
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 )
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)
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
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 484.379 that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795 or 484.37955 . 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 he 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 family or restitution to any victim of his crime.
(Added to NRS by 1991, 778; A 2005, 167 , 616 )
1. If the results of an evaluation conducted pursuant to NRS
484.3796 indicate that an offender is an abuser of alcohol or drugs
and that he can be treated successfully for his 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
his 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 he 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 )
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 of his sentence if:
(a) The offender has:
(1) Established a position of employment in the community;
(2) Enrolled in a program for education or rehabilitation; or
(3) Demonstrated an ability to pay for all or part of the
costs of his confinement and to meet any existing obligation for
restitution to any victim of his crime;
(b) The offender has successfully completed the initial period of
treatment required under the program of treatment established pursuant to
NRS 209.425 ; and
(c) The Director believes that the offender will be able to:
(1) Comply with the terms and conditions required under
residential confinement; and
(2) Complete successfully the remainder of the program of
treatment while under residential confinement.
Ê If an offender assigned to the program of treatment pursuant to NRS
209.427 completes the initial phase of
the program and thereafter refuses to enter the remainder of the program
of treatment pursuant to this section, the offender forfeits all or part
of the credits earned by him to reduce his sentence pursuant to this
chapter before this refusal, 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 he considers proper. The decision
of the Director regarding such a forfeiture is final.
2. Before a person may be assigned to serve a term of residential
confinement pursuant to this section, he must submit to the Division of
Parole and Probation a signed document stating that:
(a) He will comply with the terms or conditions of his residential
confinement; and
(b) If he fails to comply with the terms or conditions of his
residential confinement and is taken into custody outside of this State,
he waives all his 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 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 him
to reduce his 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 he 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 his 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.
(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 )
CREDITS ON TERM OF IMPRISONMENT
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 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 )
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 residential confinement, or
the laws of the State recorded against him, and who performs in a
faithful, orderly and peaceable manner the duties assigned to him, must
be allowed for his 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, 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 he 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 )
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
residential confinement, or the laws of the State recorded against him,
and who performs in a faithful, orderly and peaceable manner the duties
assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; and
(b) For the period he 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 imposed by the sentence 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, 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 he 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 )
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 residential confinement, or the laws of the State recorded against
him, and who performs in a faithful, orderly and peaceable manner the
duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence;
(b) For the period he is in residential confinement; and
(c) For the period he 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 his sentence for each month he 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, 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, 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 imposed by the sentence;
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 )
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 residential
confinement or the laws of the State recorded against him, and who
performs in a faithful, orderly and peaceable manner the duties assigned
to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his
sentence;
(b) For the period he is in residential confinement; and
(c) For the period he 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 his sentence for each month he 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, 30
days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The Director may, in his 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, 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 20 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. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence;
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.
(Added to NRS by 1997, 3175; A 1999, 2881 ; 2001, 1164 , 1937 ; 2001 Special Session, 157 ; 2003, 26 , 28 , 1367 , 2577 )
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 he has no serious infraction of the terms and
conditions of his parole or the laws of this state recorded against him,
be allowed for the period he 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 he has no serious infraction of the terms
and conditions of his parole or the laws of this state recorded against
him, be allowed for the period he is actually on parole a deduction of 10
days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this
section only if he 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 imposed by the sentence.
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 )
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 he is
actually on parole a deduction of 10 days from his sentence for each
month he serves if:
(a) He is current with any fee to defray the costs of his
supervision pursuant to NRS 213.1076 ;
and
(b) He 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 he 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 imposed by the sentence.
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 )
1. An offender who has no serious infraction of the regulations of
the Department or the laws of the State recorded against him 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
30 days from the maximum term of his sentence 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
or certified as an alcohol and drug abuse counselor or certified as an
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 )
1. An offender who has no serious infraction of the regulations of
the Department, the terms and conditions of his residential confinement,
or the laws of the State recorded against him must be allowed, in
addition to the credits provided pursuant to NRS 209.433 , 209.443 ,
209.446 or 209.4465 , a deduction of 30 days from the maximum term
of his sentence for the 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 30 days allowed for completion of the program.
(Added to NRS by 1989, 1883; A 1991, 782; 1993, 137; 1995, 1254;
1997, 3184; 2003, 1368 )
1. If an offender:
(a) Commits an assault upon his 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 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 his 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 he forfeits all deductions of time earned by him 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 residential
confinement or if an offender violates subsection 4 of NRS 209.367 , he 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
he 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
The Director shall 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.
(Added to NRS by 1979, 1381; A 1987, 1019; 2001, 2392 )
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 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.
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 Assistant 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. 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.
6. 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.
(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 )
1. An offender shall obtain the approval of the Director before he:
(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 his approval at any time.
3. An offender who is employed by a private employer shall:
(a) Deposit his income from such employment in his individual
account in the Prisoners’ Personal Property Fund;
(b) Provide the Director with a copy of all his 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 his 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 he 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)
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 )
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 his 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 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 release, or if the offender dies before his release, to
defray expenses related to arrangements for his funeral.
(h) An amount the Director considers reasonable to meet an existing
obligation of the offender for restitution to any victim of his crime.
(i) An amount the Director considers reasonable to pay the balance
of any fee imposed upon the offender for genetic marker testing 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 he 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 he 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 he 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 he 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 he 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 he 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 his 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 testing 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 his release, or if the offender dies before his release, to
defray expenses related to arrangements for his 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 his incarceration.
(Added to NRS by 1985, 590; A 1991, 1587; 1993, 936; 1995, 2594;
1997, 1683, 2655, 3184; 1999, 649 , 654 )
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)
1. 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 484.3792 , 484.3795 , 484.37955 , 488.420 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 in a faithful and
orderly manner;
(d) Has been convicted of a sexual offense;
(e) Has committed an act of serious violence during the previous
year; 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 )
INDUSTRIAL AND AGRICULTURAL PROGRAMS
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 Chief 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; term of appointed members; payment of compensation, allowances
and travel expenses.
1. The Committee on Industrial Programs is hereby created.
2. The Committee on Industrial Programs consists of the Director
of the Department, the Chief of the Purchasing Division of the Department
of Administration and eight 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) One person who represents organized labor in this state.
3. The members of the Committee on Industrial Programs shall
select a Chairman from among their membership.
4. Each member of the Committee on Industrial Programs appointed
by the Interim Finance Committee must be appointed to a term of 2 years
and may be reappointed.
5. Except during a regular or special session of the Legislature,
each Legislator who is a member of the Committee on Industrial Programs
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 he attends
a meeting of the Committee on Industrial Programs or is otherwise engaged
in the work of the Committee on Industrial Programs. Each nonlegislative
member appointed by the Interim Finance Committee is entitled to receive
compensation for his service on the committee on industrial programs in
the same amount and manner as the legislative members whether or not the
Legislature is in session. Each nonlegislative member of the Committee on
Industrial Programs is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally. Each
Legislator who is a member of the Committee on Industrial Programs is
entitled to receive the per diem allowance provided for state officers
and employees generally and the travel expenses provided pursuant to NRS
218.2207 . All compensation, allowances
and travel expenses must be paid from the Fund for Prison Industries.
(Added to NRS by 2001, 2390 )
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 Chairman to
review the operation of current and proposed industrial programs;
(e) Recommend three persons to the Director for appointment as the
Assistant Director for Industrial Programs whenever a vacancy exists;
(f) Before any new industrial program is established by the
Director in an institution of the Department, review the proposed program
for compliance with the requirements of subsections 2, 3 and 4 of NRS
209.461 and submit to the Director its
recommendations concerning the proposed program; and
(g) Review each industry program established pursuant to subsection
2 of NRS 209.461 to determine whether
the program is operating profitably within 3 years after its
establishment. If the Committee on Industrial Programs determines that a
program is not operating profitably within 3 years after its
establishment, the Committee on Industrial Programs shall report its
finding to the Director with a recommendation regarding whether the
program should be continued or terminated.
2. Upon the request of the Committee on Industrial Programs, the
Director and the Assistant Director for Industrial Programs shall provide
to the Committee on Industrial Programs any information the Committee on
Industrial Programs determines is relevant to the performance of the
duties of the Committee on Industrial Programs.
(Added to NRS by 2001, 2391 )
RESTITUTION TO VICTIMS
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
)
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 wages
earned while at the center.
(Added to NRS by 1981, 615; A 1989, 678)
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)
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 his 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)
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
prisoner’s personal property fund,
Ê in that order or priority.
(Added to NRS by 1981, 617; A 1983, 385; 1985, 592; 1989, 1130)
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
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 )
“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 )
“Division” means the Division of
Parole and Probation of the Department of Public Safety.
(Added to NRS by 2001, 1160 )
“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 )
“Reentry court” means the
court in a judicial district that has established a judicial program.
(Added to NRS by 2001, 1160 ; A 2003, 2578 )
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 Chairman 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 parole unless the reentry court grants
prior approval for his participation pursuant to this section.
(Added to NRS by 2001, 1160 ; A 2003, 2578 )
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 crime; and
(c) The offender is within 2 years of his 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
his 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 him in a faithful and
orderly manner;
(c) Has, within the immediately preceding 5 years, 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;
(e) Has escaped or attempted to escape from any jail or
correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to
complete any educational or vocational program or any program of
treatment, as ordered by the Director,
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
him before he 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 he 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 his 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 )
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 Chairman 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 Chairman 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 Chairman, 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.
(Added to NRS by 2003, 2573 )
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 crime; and
(c) The offender is within 2 years of his 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 Chairman of the
State Board of Parole Commissioners assign the offender to the custody of
the Division to participate in the correctional program. The Chairman may
assign the offender to the custody of the Division to participate in the
correctional program for not longer than the remainder of his 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 him in a faithful and
orderly manner;
(c) Has, within the immediately preceding 5 years, 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;
(e) Has escaped or attempted to escape from any jail or
correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to
complete any educational or vocational program or any program of
treatment, as ordered by the Director,
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 Chairman.
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 Chairman and is returned to the custody of the
Department, the offender forfeits all or part of the credits for good
behavior earned by him before he 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 he 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 his 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 )
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.
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 )
RELEASE OR ESCAPE OF OFFENDER
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
confinement, regardless of the location of his assignment.
(Added to NRS by 1977, 853)
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)
1. When an offender is released from prison by expiration of his
term of sentence, by pardon or by parole, the Director:
(a) May furnish him 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 him notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360 ;
(c) Shall require him to sign an acknowledgment of the notice
required in paragraph (b);
(d) Shall give him notice of the provisions of NRS 179.245 and the provisions of NRS 213.090 , 213.155 or
213.157 , as applicable;
(e) May provide him with clothing suitable for reentering society;
(f) May provide him with the cost of transportation to his place of
residence anywhere within the continental United States, or to the place
of his conviction;
(g) May, but is not required to, release him to a facility for
transitional living for released offenders that is licensed pursuant to
chapter 449 of NRS; and
(h) Shall require him to submit to at least one test for exposure
to the human immunodeficiency virus.
2. The costs authorized in paragraphs (a), (e), (f) and (h) 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, “facility for transitional living for
released offenders” has the meaning ascribed to it in NRS 449.0055 .
(Added to NRS by 1977, 853; A 1979, 921; 1983, 725; 1987, 1474;
1991, 72; 1993, 7; 1995, 365; 2001, 1695 ; 2005, 267 , 2357 )
1. If a victim of an offender provides his 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 current address.
3. The Director may not be held responsible for any injury
proximately caused by his 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 )
