USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 211 - LOCAL FACILITIES FOR DETENTION
1. Except as otherwise provided in subsection 2, at least one
county jail must be built or provided in each county, and maintained in
good repair at the expense of the county. The county jail required by
this section is not required to be located in conjunction with the office
of the sheriff that is maintained at the county seat if the board of
county commissioners determines that a different location in the county
would better serve the needs of the county. Upon such a determination,
the county jail may be located at any place in the county.
2. The board of county commissioners of a county, with the
concurrence of the sheriff, may enter into an agreement with any other
county or city in this state, in accordance with the provisions of NRS
277.080 to 277.180 , inclusive, for the construction, operation or
maintenance of a jail or the detention of the prisoners of the county.
[1:21:1861; B § 3799; BH § 2137; C § 2259; RL § 7603; NCL §
11520]—(NRS A 1977, 367; 1981, 646; 1991, 12; 2001, 473 )
The board of county
commissioners:
1. Is responsible for building, inspecting and repairing any
county or branch county jail located in its county.
2. Once every 3 months, shall inquire into the security of the
jail and the treatment and condition of the prisoners.
3. Shall take all necessary precautions against escape, sickness
or infection.
[2:21:1861; B § 3800; BH § 2138; C § 2260; RL § 7604; NCL §
11521]—(NRS A 1977, 367; 1981, 646)
1. The sheriff is the custodian of the jail in his county, and of
the prisoners therein, and shall keep the jail personally, or by his
deputy, or by a jailer or jailers appointed by him for that purpose, for
whose acts he is responsible.
2. All jailers employed or appointed by the sheriff are entitled
to receive a fair and adequate monthly compensation, to be paid out of
the county treasury, for their services.
[Part 3:21:1861; A 1862, 120; 1866, 189; B § 3801; BH § 2139; C §
2261; RL § 7605; NCL § 11522] + [Part 4:21:1861; A 1866, 189; B § 3802;
BH § 2140; C § 2262; RL § 7606; NCL § 11523]—(NRS A 1977, 367; 1981, 647)
1. Payment of expenses and the method of transporting a prisoner
from a county jail to an institution or facility of the Department of
Corrections must be as provided in chapter 209 of NRS. When a prisoner is transferred from the
county jail to such an institution or facility, the sheriff shall provide
the Director of the Department of Corrections with a written report
pertaining to the medical, psychiatric, behavioral or criminal aspects of
the prisoner’s history. This report may be based upon observations of the
prisoner while confined in the county jail and must note in particular
any medication or medical treatment administered in the jail, including
the type, dosage and frequency of administration.
2. Except as provided in subsection 1, the sheriff, personally or
by his deputy, or by one or more of his jailers, shall transfer all
prisoners within his county to whatever place of imprisonment the
sentence of the court may require, at as early a date after the sentence
as practicable. For that purpose, the board of county commissioners shall
pay all necessary costs, charges and expenses of the prisoner or
prisoners, and of the officer or officers having charge thereof, to which
must be added mileage for each officer, at the rate of 20 cents per mile,
one way only.
3. The provisions of subsection 2 apply in cases where prisoners
are taken from county jails to be tried in any courts in other counties.
[Part 4:21:1861; A 1866, 189; B § 3802; BH § 2140; C § 2262; RL §
7606; NCL § 11523]—(NRS A 1973, 162; 1977, 367, 868; 1981, 647; 1983,
725; 2001 Special Session, 197 )
Any sheriff or
jailer who defrauds a prisoner of his allowance, or does not allow a
reasonable allowance and accommodation, forfeits $50 for each offense.
The money may be recovered in an appropriate civil action by the board of
county commissioners.
[5:21:1861; B § 3803; BH § 2141; C § 2263; RL § 7607; NCL §
11524]—(NRS A 1977, 368; 1981, 647)
1. A person may be committed under the authority of the United
States to any county jail if a contract has been concluded between the
United States and the sheriff of the county, upon payment of:
(a) All actual and reasonably necessary costs of his confinement,
including the direct cost of his support and an allocated share of the
cost of maintaining the jail and guarding the prisoners, as compensation
to the county for the use of the jail; and
(b) All legal fees of the jailer.
2. The sheriff shall receive such prisoners, and subject them to
the same employment, discipline and treatment, and be liable for any
neglect of duty as in the case of other prisoners, but the county is not
liable for any escape.
[8:21:1861; A 1909, 141; RL § 7610; NCL § 11527]—(NRS A 1977, 217;
1981, 1562)
1. If for any sufficient cause, any sheriff thinks it expedient
that any prisoner be removed from the jail in his county, upon consent of
the sheriff or his duly authorized representative of any other county
within the State, the sheriff of such other county may permit such
prisoner to be removed to the jail in his county, to be detained there in
the same manner and by the same process as in the jail from where such
prisoner was removed, until remanded back by a similar process or
discharged according to law.
2. All expenses of removing and maintaining prisoners incurred
under subsection 1 shall be defrayed by the county from which they were
so removed.
[10:21:1861; B § 3808; BH § 2146; C § 2268; RL § 7612; NCL § 11529]
+ [11:21:1861; B § 3809; BH § 2147; C § 2269; RL § 7613; NCL §
11530]—(NRS A 1973, 734)
BRANCH COUNTY JAILS
1. A board of county commissioners may establish a branch county
jail in any township in the county except the township where the county
jail required by NRS 211.010 is
located, if in its judgment the public needs require it, and provide that
persons charged with or convicted of a misdemeanor in the township in
which a branch county jail is located may be imprisoned in the branch
county jail instead of in the county jail.
2. Any judge or justice of the peace before whom a conviction may
be had may order that a prisoner be imprisoned in the county jail of the
county wherein the conviction may be had if the public safety or the
safety of the prisoner requires it.
[1:136:1907; RL § 7614; NCL § 11531]—(NRS A 1977, 368; 1981, 372,
647; 2001, 473 )
The board of county commissioners may direct the
jailer of such branch county jail to work the prisoners on the public
roads of the county where the branch county jail is located.
[3:136:1907; RL § 7616; NCL § 11533]—(NRS A 1977, 368; 1981, 372,
648)
OTHER FACILITIES
In a county in which a
metropolitan police department is established, the governing body of any
participating city may:
1. Establish a department of detention and may appoint a person to
administer the detention facilities; or
2. Appoint a person to administer its jail.
(Added to NRS by 1981, 646; A 1985, 1894; 1989, 1176; 1993, 2528)
MANAGEMENT OF PRISONERS
As used in NRS 211.118 to 211.200 ,
inclusive, “public works” means the renovation, repair or cleaning of any
street, drainage facility, road, sidewalk, public square, park or
building, or cutting away hills, grading, putting in sewers or other
work, which is authorized to be done by and for the use of any of the
counties, cities or towns, and the expense of which is not to be borne
exclusively by persons or property particularly benefited thereby. The
term does not include any project to which the provisions of NRS 338.020
apply.
(Added to NRS by 1991, 306)
1. The board of county commissioners and the governing body of an
incorporated city, shall make all necessary arrangements, as provided in
NRS 211.120 to 211.160 , inclusive, to utilize the labor of the
prisoners committed to any jails within any county, city, or town within
this state, for a term of imprisonment by the judges of the several
district courts within this state, or the justices of the peace in any
townships throughout this state.
2. A sheriff, chief of police or town marshal may establish a
program to release prisoners from his jail for work or education. The
program must:
(a) Provide for thorough screening of prisoners for inclusion in
the program;
(b) Be limited to prisoners who have been sentenced; and
(c) Require that each prisoner who participates in the program
reimburse the county, city or town in whole or in part, according to his
ability to pay, for his room and board during the time he participates in
the program.
3. The administrator of such a program must be, respectively, the
sheriff, the chief of police, the town marshal or his designee.
[1:96:1879; BH § 2149; C § 2271; RL § 7617; NCL § 11534]—(NRS A
1977, 369; 1981, 648, 1562; 1991, 151)
1. Except as otherwise provided in subsection 2, all prisoners
sentenced by the judge of any district court, or by the justice of the
peace of any Justice Court, and sentenced to a term of imprisonment in
any county, city or town jail or detention facility shall be deemed to
have been also sentenced to labor during such term, unless the judge or
justice of the peace sentencing the prisoner, for good cause, orders
otherwise.
2. A board of county commissioners or the governing body of a city
may authorize the sheriff or chief of police of the municipality to
establish a program pursuant to NRS 211.171 to 211.200 ,
inclusive, for the voluntary exchange by a prisoner sentenced to
confinement in a jail or detention facility of 10 hours of labor on
public works for 1 day of physical confinement, unless the sentencing
court has otherwise ordered in a particular case or has restricted the
prisoner’s eligibility.
[2:96:1879; BH § 2150; C § 2272; RL § 7618; NCL § 11535]—(NRS A
1989, 1176; 1991, 306)
1. The sheriff of each county has charge and control over all
prisoners committed to his care in the respective county jails, and the
chiefs of police and town marshals in the several cities and towns
throughout this State have charge and control over all prisoners
committed to their respective city and town jails and detention
facilities.
2. A court shall not, at the request of any prisoner in a county,
city or town jail, issue an order which affects the conditions of
confinement of the prisoner unless, except as otherwise provided in this
subsection, the court provides the sheriff, chief of police or town
marshal having control over the prisoner with:
(a) Sufficient prior notice of the court’s intention to enter the
order. Notice by the court is not necessary if the prisoner has filed an
action with the court challenging his conditions of confinement and has
served a copy of the action on the sheriff, chief of police or town
marshal.
(b) An opportunity to be heard on the issue.
Ê As used in this subsection, “conditions of confinement” includes, but
is not limited to, a prisoner’s access to the law library, privileges
regarding visitation and the use of the telephone, the type of meals
provided to the prisoner and the provision of medical care in situations
which are not emergencies.
3. The sheriffs, chiefs of police and town marshals shall see that
the prisoners under their care are kept at labor for reasonable amounts
of time within the jail or detention facility, on public works in the
county, city or town, or as part of a program of release for work
established pursuant to NRS 211.120 or
211.171 to 211.200 , inclusive.
4. The sheriff, chief of police or town marshal shall arrange for
the administration of medical care required by prisoners while in his
custody. The county, city or town shall pay the cost of appropriate
medical:
(a) Treatment provided to a prisoner while in custody for injuries
incurred by a prisoner while he is in custody and for injuries incurred
during his arrest for commission of a public offense if he is not
convicted of that offense;
(b) Treatment provided to a prisoner while in custody for any
infectious, contagious or communicable disease which the prisoner
contracts while he is in custody; and
(c) Examinations required by law or by court order conducted while
the prisoner is in custody unless the order otherwise provides.
5. A prisoner shall pay the cost of medical treatment for:
(a) Injuries incurred by the prisoner during his commission of a
public offense or for injuries incurred during his arrest for commission
of a public offense if he is convicted of that offense;
(b) Injuries or illnesses which existed before the prisoner was
taken into custody;
(c) Self-inflicted injuries; and
(d) Except treatment provided pursuant to subsection 4, any other
injury or illness incurred by the prisoner.
6. A medical facility furnishing treatment pursuant to subsection
5 shall attempt to collect the cost of the treatment from the prisoner or
his insurance carrier. If the facility is unable to collect the cost and
certifies to the appropriate board of county commissioners that it is
unable to collect the cost of the medical treatment, the board of county
commissioners shall pay the cost of the medical treatment.
7. A sheriff, chief of police or town marshal who arranges for the
administration of medical care pursuant to this section may attempt to
collect from the prisoner or the insurance carrier of the prisoner the
cost of arranging for the administration of medical care including the
cost of any transportation of the prisoner for the purpose of medical
care. The prisoner shall obey the requests of, and fully cooperate with
the sheriff, chief of police or town marshal in collecting the costs from
the prisoner or his insurance carrier.
[3:96:1879; BH § 2151; C § 2273; RL § 7619; NCL § 11536]—(NRS A
1975, 1317; 1977, 369, 398; 1979, 463; 1981, 648, 1562; 1985, 1756; 1989,
1176; 1991, 307; 1995, 840, 1709)
1. If a prisoner is disobedient or disorderly, or does not
faithfully perform his tasks, the officers having charge of him may take
action to discipline and punish him. The action may include confinement
to an individual cell separate from other prisoners for the protection of
the staff of the jail and other prisoners. An officer who confines a
prisoner to an individual cell for any reason shall report his action as
soon as possible to the person in charge of the jail.
2. A report of the number of prisoners who are performing work and
the amount and type of work performed must be submitted to the person in
charge of the jail on the last day of each month.
[4:96:1879; BH § 2152; C § 2274; RL § 7620; NCL § 11537]—(NRS A
1981, 1563)
1. Except in accordance with criteria established pursuant to
subsection 2 or as otherwise provided in NRS 211.250 to 211.300 ,
inclusive, no prisoner or prisoners may be allowed to go from the walls
of the prison without a sufficient guard.
2. The responsible sheriff, chief of police or town marshal shall
establish criteria for determining whether, and to what extent,
supervision is required for a prisoner who is assigned to work pursuant
to subsection 3 of NRS 211.140 or to
NRS 211.171 to 211.200 , inclusive. He shall, with the consent of the
administrator of the medical facility, establish criteria for such a
determination regarding a prisoner who is incapacitated and is admitted
to a medical facility for medical treatment.
[5:96:1879; BH § 2153; C § 2275; RL § 7621; NCL § 11538]—(NRS A
1981, 1564; 1985, 385; 1991, 186, 308; 1995, 1710)
1. The sheriff or chief of police of the municipality shall
prescribe criteria of eligibility for the exchange of labor for
confinement. A prisoner is not eligible for another or continued exchange
if he has previously failed to perform satisfactorily labor as assigned
or to comply with regulations governing assigned labor.
2. The sheriff or chief of police shall adopt reasonable
regulations for the performance of assigned labor.
(Added to NRS by 1991, 306)
1. A prisoner who voluntarily exchanges labor for confinement
shall give his promise to appear for work by signing a notice to appear
before the sheriff or chief of police of the municipality at a time and
place specified in the notice. The signed notice must be retained by the
sheriff or chief of police and a copy given to the prisoner.
2. A prisoner who willfully violates his promise to appear is
guilty of a misdemeanor.
(Added to NRS by 1991, 306)
The board of county commissioners or the governing body of a city may
establish an administrative fee for participation in the program of
voluntary exchange. Any such fee must be reasonably sufficient in the
aggregate to cover the costs of administering the program, but a prisoner
may be required to pay toward it only to the extent of his ability to pay.
(Added to NRS by 1991, 306)
If a prisoner violates a
regulation governing his conduct or his performance of assigned labor,
under circumstances not constituting a public offense, the sheriff or
chief of police of the municipality may return him to physical
confinement.
(Added to NRS by 1991, 306)
1. A prisoner sentenced to the county, city or town jail may apply
to participate in a program for release established pursuant to NRS
211.120 . The administrator of the
program shall evaluate each applicant’s suitability for work or education.
2. If the administrator finds a prisoner suitable, he may, unless
the sentencing court has otherwise ordered in a particular case:
(a) Arrange for the prisoner to continue his regular employment
under specified conditions, or authorize him to seek employment or
participate in a program of placement for work; or
(b) Permit him to continue his regular education or to secure
further education.
(Added to NRS by 1991, 150)
1. Employment may include the care of the prisoner’s own children
during the day and education may include counseling for the abuse of
alcohol or controlled substances, psychological counseling and vocational
training.
2. If the employment or a part of the education is for pay, the
wage must be no less than the prevailing wage for similar work in the
community, and the conditions of work no less favorable. Employment or
paid work as part of education must not be performed in an establishment
where a labor dispute is in progress, if the employment or paid work as
education would provide temporary or permanent replacements for other
employees engaged in a labor dispute.
(Added to NRS by 1991, 150)
The administrator of the program may release a prisoner
from the facility:
1. If he is injured during work or education, for medical
treatment at his own expense or at the expense of the employer or
industrial insurance. Release pursuant to this subsection is not an
assumption of liability by the county for the treatment.
2. For no more than 72 hours:
(a) For other medical, dental or psychiatric care;
(b) For a personal or family emergency if severe hardship would
otherwise result; or
(c) For any other activity which the administrator considers may
promote the prisoner’s successful return to the community, including
attempts to secure housing, employment or education.
(Added to NRS by 1991, 150)
1. Except as otherwise provided in subsection 2, the sheriff with
respect to a county jail, or the officer in charge with respect to a city
jail, may apply to the chief judge of the judicial district for authority
to release prisoners pursuant to the provisions of this section. After
considering the application, the chief judge may enter an order
consistent with the provisions of this section granting authority to
release prisoners in the manner set forth in the order. The duration of
this authority, if granted, must not exceed 30 days.
2. In a county in which there is not a city jail, the sheriff may
apply to the chief judge of the judicial district for authority to
release prisoners pursuant to the provisions of this section. Upon
receipt of such an application, the chief judge shall consult with a
justice of the peace designated by the justices of the peace for the
county and a judge designated by the municipal courts for the county.
After the consultation, the chief judge may enter an order consistent
with the provisions of this section granting authority to release
prisoners in the manner set forth in the order. The duration of this
authority, if granted, must not exceed 30 days.
3. At any time within the duration of an authority granted when
the number of prisoners exceeds the number of beds available in the jail,
the sheriff or other officer in charge may release the lesser of:
(a) The number of prisoners eligible under this section; or
(b) The difference between the number of prisoners and the number
of beds.
4. A prisoner is eligible for release only if:
(a) He has served at least 75 percent of his sentence;
(b) He is not serving a sentence for a crime for which a mandatory
sentence is required by statute;
(c) He is not serving a sentence for a crime which involved an act
of violence; and
(d) He does not pose a danger to the community.
5. Among prisoners eligible, priority must be given to those whose
expiration of sentence or other release is closest.
6. A prisoner released pursuant to this section may be required to
remain on residential confinement for the remainder of his sentence or
may be required to participate in another alternative program of
supervision.
(Added to NRS by 1991, 151; A 2003, 1369 )
REIMBURSEMENT FROM PRISONERS
As used in NRS 211.241 to 211.249 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 211.2411 and 211.2413
have the meanings ascribed to them in
those sections.
(Added to NRS by 1995, 837; A 1999, 121 )
“Alternative program”
means a program to which a prisoner may be assigned as an alternative to
incarceration.
(Added to NRS by 1999, 121 )
“Prisoner” means a person who
has been convicted of a crime punishable pursuant to the laws of this
state and:
1. Sentenced to a term of imprisonment in a county or city jail or
detention facility, including a person sentenced as a condition of
probation, but not including a person committed to a county jail pursuant
to NRS 211.060 ; or
2. Assigned to an alternative program.
(Added to NRS by 1999, 121 )
1. A board of county commissioners or the governing body of an
incorporated city may seek reimbursement from a nonindigent prisoner for
expenses incurred by the county or city for:
(a) The maintenance and support of the prisoner in a county or city
jail or detention facility to which the prisoner has been assigned,
including expenses incurred during a period of pretrial detention if time
served during the pretrial detention is credited by the court against any
sentence imposed; or
(b) The administration of an alternative program to which the
prisoner has been assigned, including, without limitation, the costs of
supervising the prisoner in the program.
2. The amount of reimbursement sought by a county or city pursuant
to paragraph (a) of subsection 1 must not exceed the actual cost per day
for the maintenance and support of the prisoner and may include, without
limitation, the costs of providing heating, air-conditioning, food,
clothing, bedding and medical care to a prisoner.
(Added to NRS by 1995, 837; A 1999, 121 )
1. Before a board of county commissioners or the governing body of
an incorporated city may request reimbursement from a prisoner, the board
or governing body must conduct an investigation of the financial status
of the prisoner.
2. For the purpose of determining the financial status of a
prisoner, the board or governing body shall require the prisoner to
complete and sign a form under penalty of perjury. The form must contain
provisions for determining:
(a) The age, sex and marital status of the prisoner;
(b) The number and ages of the children or other dependents of the
prisoner; and
(c) The type and value of any real estate, personal property,
investments, pensions, annuities, bank accounts, cash or other property
of value owned or possessed by the prisoner.
(Added to NRS by 1995, 838)
If a
board of county commissioners or the governing body of an incorporated
city so requests, the sheriff of the county, the administrator of the
department of detention of an incorporated city, the person appointed to
administer a city jail or the administrator of an alternative program
shall provide to the board or governing body a list which contains:
1. The name of each prisoner currently serving a term of
imprisonment in the county or city jail or detention facility, or
currently assigned to an alternative program;
2. The length of the term of imprisonment or assignment to an
alternative program of each prisoner, including the number of days served
during a period of pretrial detention, if any;
3. The date of admission of each prisoner; and
4. All available information concerning the financial status of
each prisoner.
(Added to NRS by 1995, 838; A 1999, 122 )
1. At any time after the conviction of a prisoner, and after the
financial status of the prisoner has been determined or the prisoner has
refused or failed to complete and sign the form required by NRS 211.242
, the sheriff of the county, the
administrator of the department of detention of an incorporated city, the
person appointed to administer a city jail or the administrator of an
alternative program may issue a written demand to the prisoner for
reimbursement, pursuant to NRS 211.2415 , of the expenses incurred by the county or
city for the prisoner’s maintenance and support during his period of
imprisonment or assignment to an alternative program.
2. Except as otherwise provided in subsection 3, the prisoner
shall pay the total amount due when the written demand is issued. The
prisoner may arrange to make payments on a monthly basis. If such
arrangements are made, the prisoner must be provided with a monthly
billing statement which specifies the date on which his next payment is
due.
3. A court may order a prisoner to perform supervised community
service to satisfy the written demand for reimbursement. Each hour of
community service performed by the prisoner reduces the amount he owes by
$8. If the prisoner does not satisfy the written demand for reimbursement
within the time set by the court, the district attorney for a county or
the city attorney for an incorporated city may file a civil action
pursuant to NRS 211.245 .
(Added to NRS by 1995, 838; A 1999, 122 ; 2001 Special Session, 138 )
1. If a prisoner fails to make a payment within 10 days after it
is due, the district attorney for a county or the city attorney for an
incorporated city may file a civil action in any court of competent
jurisdiction within this state seeking recovery of:
(a) The amount of reimbursement due;
(b) Costs incurred in conducting an investigation of the financial
status of the prisoner; and
(c) Attorney’s fees and costs.
2. A civil action brought pursuant to this section must:
(a) Be instituted in the name of the county or city in which the
jail, detention facility or alternative program is located;
(b) Indicate the date and place of sentencing, including, without
limitation, the name of the court which imposed the sentence;
(c) Include the record of judgment of conviction, if available;
(d) Indicate the length of time served by the prisoner and, if he
has been released, the date of his release; and
(e) Indicate the amount of reimbursement that the prisoner owes to
the county or city.
3. The county or city treasurer of the county or incorporated city
in which a prisoner is or was confined shall determine the amount of
reimbursement that the prisoner owes to the city or county. The county or
city treasurer may render a sworn statement indicating the amount of
reimbursement that the prisoner owes and submit the statement in support
of a civil action brought pursuant to this section. Such a statement is
prima facie evidence of the amount due.
4. A court in a civil action brought pursuant to this section may
award a money judgment in favor of the county or city in whose name the
action was brought.
5. If necessary to prevent the disposition of the prisoner’s
property by the prisoner, or his spouse or agent, a county or city may
file a motion for a temporary restraining order. The court may, without a
hearing, issue ex parte orders restraining any person from transferring,
encumbering, hypothecating, concealing or in any way disposing of any
property of the prisoner, real or personal, whether community or
separate, except for necessary living expenses.
6. The payment, pursuant to a judicial order, of existing
obligations for:
(a) Child support or alimony;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to
NRS 62E.270 , 176.059 , 176.0611 ,
176.0613 and 176.062 ,
Ê has priority over the payment of a judgment entered pursuant to this
section.
(Added to NRS by 1995, 839; A 1999, 122 ; 2003, 1126 , 2107 )
1. A prisoner who is or was sentenced to a term of imprisonment in
a county or city jail or detention facility or to an alternative program
shall cooperate with the board of county commissioners or the governing
body of an incorporated city in satisfying the reimbursement sought by
the board or body pursuant to the provisions of NRS 211.241 to 211.249 ,
inclusive.
2. A prisoner who willfully refuses to cooperate with the
requirement of NRS 211.242 may not
receive a reduction of or a credit on his term of imprisonment under any
provision of this chapter.
(Added to NRS by 1995, 839; A 1999, 123 )
The sheriff of the county, the administrator of the
department of detention of an incorporated city, a person chosen to
administer a city jail or the administrator of an alternative program
shall provide the district attorney of the county or the city attorney of
the incorporated city all information and assistance possible to enable
the district or city attorney to secure reimbursement for the county or
city pursuant to the provisions of NRS 211.241 to 211.249 ,
inclusive.
(Added to NRS by 1995, 840; A 1999, 124 )
Reimbursements secured or otherwise obtained by a
board of county commissioners or the governing body of an incorporated
city pursuant to the provisions of NRS 211.241 to 211.249 ,
inclusive, must be credited to the general fund of the county or city. If:
1. In accordance with a contractual agreement, the county or city
was paid by another governmental entity for expenses related to
maintaining and supporting a prisoner; and
2. The prisoner reimburses the county or city for those expenses
pursuant to NRS 211.241 to 211.249
, inclusive,
Ê the county or city shall reimburse the governmental entity for its
payment to the extent of the amount received from the prisoner.
(Added to NRS by 1995, 840)
Any amount of reimbursement
sought pursuant to NRS 211.241 to
211.249 , inclusive, from a prisoner who
has served a sentence intermittently under the provisions of NRS 211.350
must not exceed the difference between
the total administrative fees assessed and collected from the prisoner
pursuant to NRS 211.350 and the maximum
amount which may be sought for reimbursement by a board of county
commissioners or the governing body of an incorporated city pursuant to
NRS 211.2415 .
(Added to NRS by 1995, 840)
ELECTRONIC SUPERVISION OF PRISONERS
Unless the
sentencing court otherwise orders in a particular case, the sheriff or
chief of police may supervise a convicted prisoner electronically instead
of confining him physically in the county or city jail if:
1. The prisoner has a residential living situation which is
capable of meeting the standards set in the general rules and individual
conditions for electronic supervision; and
2. The sheriff or chief of police concludes that electronic
supervision poses no unreasonable risk to public safety.
(Added to NRS by 1991, 186)
1. A prisoner need not be employed, be eligible for release for
work under NRS 211.120 , or participate
in an educational program to be eligible for electronic supervision.
2. A prisoner who is electronically supervised is eligible for
employment, release for work, and educational programs upon the same
conditions as a prisoner physically confined.
(Added to NRS by 1991, 186)
The sheriff or chief of police shall
establish general rules and individual conditions for electronic
supervision. If a prisoner violates such a rule or condition, the sheriff
or chief of police may return him to physical confinement.
(Added to NRS by 1991, 186)
The board of county
commissioners or the governing body of the city shall set an application
fee and a daily fee for electronic supervision reasonably commensurate
with its cost to the county or city. A prisoner so supervised shall pay
toward the fees according to his ability to pay.
(Added to NRS by 1991, 186)
The sheriff or chief of police may contract with a private
firm to perform electronic supervision under his direction.
(Added to NRS by 1991, 186)
With the approval of the court of jurisdiction for the
particular case, the sheriff or chief of police may supervise an
unconvicted person detained before his trial in the manner provided for
convicted prisoners in NRS 211.250 to
211.290 , inclusive. If such approval is
given, the provisions of NRS 211.250 to
211.290 , inclusive, apply to the
unconvicted person in the same manner as they apply to a convicted
prisoner.
(Added to NRS by 1991, 186)
CREDITS ON TERM OF IMPRISONMENT
1. For each month in which a prisoner who is sentenced to a term
of imprisonment in a local detention facility before October 1, 1991:
(a) Appears by the reports required by NRS 211.150 , to have been obedient, orderly and faithful,
the sheriff of the county or the chief of police of the municipality in
which the prisoner is incarcerated may deduct not more than 5 days from
the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of
police may deduct:
(1) Not more than 10 additional days if his sentence is 270
days or more;
(2) Not more than 7 additional days if his sentence is 180
days or more but less than 270 days;
(3) Not more than 5 additional days if his sentence is 30
days or more but less than 180 days;
(4) Not more than 3 additional days if his sentence is 15
days or more but less than 30 days; and
(5) No additional days if his sentence is less than 15 days.
2. Deductions earned under paragraph (a) of subsection 1 for any
period of time less than a month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life;
(c) Intentionally disobeys a rule of the jail or fails to return
from assigned work within an allotted time; or
(d) Intentionally disobeys a rule or individual condition
established pursuant to NRS 211.270 ,
Ê all or part of any deductions the prisoner has earned under this
section may be forfeited as the sheriff or chief of police determines.
4. Before any forfeiture under subsection 3 may occur, the
prisoner must be given reasonable notice of the alleged misconduct for
which the forfeiture is sought and an opportunity for a hearing on that
misconduct.
[6:96:1879; BH § 2154; C § 2276; RL § 7622; NCL § 11539]—(NRS A
1979, 988; 1981, 1564; 1991, 102, 187, 308)—(Substituted in revision for
NRS 211.170)
1. For each month in which a prisoner who is sentenced to a term
of imprisonment in a local detention facility:
(a) Appears by the reports required by NRS 211.150 , to have been obedient, orderly and faithful,
the sheriff of the county or the chief of police of the municipality in
which the prisoner is incarcerated may deduct not more than 5 days from
the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of
police may deduct:
(1) Not more than 10 additional days if his term of
imprisonment is 270 days or more;
(2) Not more than 7 additional days if his term of
imprisonment is 180 days or more but less than 270 days;
(3) Not more than 5 additional days if his term of
imprisonment is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if his term of
imprisonment is 15 days or more but less than 30 days; and
(5) No additional days if his term of imprisonment is less
than 15 days.
2. Deductions earned under subsection 1 for any period which is
less than 1 month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life;
(c) Intentionally disobeys a rule of the facility or fails to
return from assigned work within an allotted time; or
(d) Intentionally disobeys a rule or individual condition
established pursuant to NRS 211.270 ,
Ê all or part of any deductions the prisoner has earned under this
section may be forfeited as the sheriff or chief of police determines.
Before any forfeiture may occur, the prisoner must be given reasonable
notice of the alleged misconduct for which the forfeiture is sought and
an opportunity for a hearing on that misconduct.
4. The provisions of this section apply to any prisoner who is
sentenced to a term of imprisonment in a local detention facility on or
after October 1, 1991:
(a) Pursuant to a judgment of imprisonment or a fine and
imprisonment; or
(b) For a definite period for contempt in any proceeding which is
not a criminal proceeding.
5. As used in this section, “term of imprisonment” means the total
number of days a prisoner is incarcerated in the facility, including,
unless the court otherwise orders at his sentencing hearing, the time he
actually spent in confinement from the date of his arrest to the date on
which his sentence begins.
(Added to NRS by 1991, 101; A 1991, 187, 309)
1. In addition to the credits on a term of imprisonment provided
for in NRS 211.310 , 211.320 and 211.340 ,
the sheriff of the county or the chief of police of the municipality in
which a prisoner is incarcerated shall deduct 5 days from his term of
imprisonment for earning a general educational development certificate,
or the equivalent thereof, by successfully completing an educational
program for adults conducted jointly by the local detention facility in
which he is incarcerated and the school district in which the facility is
located.
2. The provisions of this section apply to any prisoner who is
sentenced on or after October 1, 1991, to a term of imprisonment of 90
days or more.
(Added to NRS by 1991, 102; A 2003, 1369 )
1. In addition to the credits on a term of imprisonment provided
for in NRS 211.310 , 211.320 and 211.330 ,
the sheriff of the county or the chief of police of the municipality in
which a prisoner is incarcerated may deduct not more than 5 days from his
term of imprisonment if the prisoner:
(a) Successfully completes a program of treatment for the abuse of
alcohol or drugs which is conducted jointly by the local detention
facility in which he is incarcerated 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; and
(b) Is awarded a certificate evidencing his successful completion
of the program.
2. The provisions of this section apply to any prisoner who is
sentenced on or after October 1, 1991, to a term of imprisonment of 90
days or more.
(Added to NRS by 1991, 102; A 1993, 1522; 1999, 1881 , 3063 ; 2001, 219 )
MISCELLANEOUS PROVISIONS
1. A board of county commissioners or the governing body of an
incorporated city may collect an administrative fee from each prisoner,
sentenced to confinement in a county or city jail or detention center,
including a prisoner sentenced as a condition of probation, whose
sentence is served intermittently on days other than his regular days of
employment. The amount of the fee must be set at $25 for each day served.
A prisoner serving such a sentence shall pay toward the fee according to
his ability to pay.
2. The court, if it grants the application of a defendant to serve
his sentence intermittently, shall:
(a) Establish the conditions of the intermittent sentence; and
(b) Direct whether the fee is to be paid weekly or monthly. In
either case, the fee must be paid for each period until the sentence has
been served.
3. Fees received pursuant to this section must be deposited in the
county or city treasury for disposition according to the ordinance
establishing them.
4. If a prisoner fails to pay the fee, the board of county
commissioners or governing body of the incorporated city may apply to the
court for judgment for the arrears and the amount to accrue. The judgment
may be enforced by execution but not as contempt of court.
5. During the pendency of such a judgment, the defendant may
petition the court to modify or vacate it on the ground that his ability
to pay has changed. The court shall so inform the defendant when the
judgment is rendered.
(Added to NRS by 1991, 305)
1. The sheriff or chief of police of a city may establish and
operate in each jail in his jurisdiction a commissary to sell to
prisoners committed to the jail food, beverages, toiletries and such
other items as may be approved by the sheriff or chief of police. The
sheriff or chief of police may require prisoners committed to the jail to
work in the commissary.
2. The sheriff or chief of police, or a person designated by him,
shall:
(a) Keep accurate books and records of all transactions which take
place at the commissary; and
(b) Submit reports of these books and records to the board of
county commissioners or governing body of the city, as appropriate, at
such times as may be required by the board or governing body.
3. Proceeds from the operation of the commissary must be
maintained in a separate account and any profits therefrom must be
expended only for the welfare and benefit of the prisoners in the jail.
4. The provisions of NRS 426.630 to 426.720 , inclusive, do not apply to any commissary established and
operated pursuant to this section.
(Added to NRS by 1991, 357)
1. If a sheriff, chief of police or town marshal takes custody of
a prisoner for whom a magistrate has issued a warrant for arrest for a
misdemeanor offense and the warrant is outstanding, the sheriff, chief of
police or town marshal shall notify the law enforcement agency that
obtained the warrant that the prisoner has been taken into custody. As
used in this subsection, “magistrate” has the meaning ascribed to it in
NRS 169.095 .
2. Except as otherwise provided in this subsection and subsection
3, if there are no criminal charges pending or warrants outstanding for
the prisoner in the county in which he is in custody, the law enforcement
agency that obtained the warrant shall take custody of the prisoner
within 72 hours after receiving the notice required by subsection 1. If
there is a charge pending against or a warrant outstanding for a
misdemeanor offense for the prisoner in the county in which he is in
custody, the sheriff, chief of police or town marshal shall notify the
law enforcement agency when the matter is resolved. The law enforcement
agency shall take custody of the prisoner within 72 hours after receiving
notice that the matter is resolved. This subsection does not apply if the
law enforcement agency that obtained the warrant is in the same
jurisdiction as the jail in which the prisoner is in custody.
3. If, after notice is given pursuant to the provisions of
subsection 1 or notice that the matter is resolved is given pursuant to
subsection 2, the law enforcement agency sends a certified letter to the
sheriff, chief of police or town marshal stating that it will take
custody of the prisoner, and the letter is received within 72 hours after
giving such notice, the law enforcement agency shall take custody of the
prisoner not more than 7 days after the sheriff, chief of police or town
marshal receives the letter. The law enforcement agency shall pay the
actual costs of the prisoner’s confinement, including the direct cost of
his support and an allocated share of the cost of maintaining the jail
and guarding the prisoners therein. The board of county commissioners of
the county or the governing body of the city or town shall determine
these costs and, excluding the initial 72-hour period, charge the law
enforcement agency for each day of confinement after the sheriff, chief
of police or town marshal receives the certified letter, including the
day the law enforcement agency takes custody of the prisoner.
4. If the law enforcement agency fails to take custody of the
prisoner within the time required by this section, the sheriff, chief of
police or town marshal may, if there are no other criminal charges
pending or warrants outstanding for the prisoner, release him from
custody.
(Added to NRS by 1993, 132)
1. The sheriff of each county may accept money and valuables in
the physical possession of a prisoner at the time he is taken into
custody. The sheriff shall account separately for all money so accepted
and deposit the money in a trust fund which he has established in a bank,
credit union or savings and loan association qualified to receive
deposits of public money. During the time of the prisoner’s
incarceration, the sheriff may also accept and deposit in the trust fund
money belonging to the prisoner which is intended for use by the prisoner
to purchase items at the commissary.
2. The sheriff:
(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 of county
commissioners relating to the money and valuables as may be required from
time to time.
(b) May permit withdrawals for immediate expenditure by a prisoner
for personal needs, for payment to a person who is not incarcerated in
the jail or for payment required of a prisoner pursuant to NRS 211.241
to 211.249 , inclusive.
(c) Shall, upon the release of each prisoner, return his valuables
and pay over to the prisoner any remaining balance in his individual
account.
3. The interest and income earned on the money in the fund, after
deducting any applicable charges, must be credited to the account
established for the commissary pursuant to NRS 211.360 . If a commissary has not been established, the
interest and income earned must be deposited with the county treasurer
for credit to the county general fund.
(Added to NRS by 1993, 49; A 1995, 841; 1999, 1462 )
1. A sheriff shall, by regulation, establish criteria for a
reasonable deduction from any money credited to the account of a prisoner
pursuant to NRS 211.380 to repay the
cost of county property willfully damaged or destroyed by the prisoner
during his incarceration.
2. Before any money credited to the account of a prisoner may be
deducted pursuant to subsection 1, the prisoner must be given reasonable
notice of the alleged misconduct for which the deduction is sought and an
opportunity for an administrative hearing on that misconduct.
(Added to NRS by 1993, 50)
