2005 Nevada Revised Statutes - Chapter 209 — Department of Corrections
CHAPTER 209 - DEPARTMENT OF CORRECTIONS
DEFINITIONS
NRS 209.011 Definitions.
NRS 209.021 Boarddefined.
NRS 209.031 Classificationdefined.
NRS 209.041 Custodydefined.
NRS 209.051 Departmentdefined.
NRS 209.061 Directordefined.
NRS 209.065 Facilitydefined.
NRS 209.071 Institutiondefined.
NRS 209.075 Managerdefined.
NRS 209.081 Offenderdefined.
NRS 209.085 Wardendefined.
ADMINISTRATION OF DEPARTMENT
NRS 209.101 Departmentcreated; Board of State Prison Commissioners.
NRS 209.111 Powersand duties of Board.
NRS 209.121 Directorof Department: Appointment; qualifications; salary; other employmentprohibited.
NRS 209.131 Directorof Department: Duties.
NRS 209.1315 Directorof Department: Training of correctional staff.
NRS 209.132 Directorof Department: Authority to delegate powers, duties or functions.
NRS 209.134 Directorof Department: Submission to county clerk of list of offenders released fromprison or discharged from parole.
NRS 209.136 Directorof Department: Notification of Legislature regarding certain matters.
NRS 209.141 Agreementswith governmental agencies and private organizations.
NRS 209.151 Assistantdirectors: Appointment; duties; other employment prohibited.
NRS 209.153 AssistantDirector for Industrial Programs: Retirement benefits.
NRS 209.161 Wardensof institutions: Appointment; duties.
NRS 209.181 Officersand employees residing at institution or facility: Charges and perquisites;notice to Legislature.
NRS 209.183 Travelexpenses authorized for certain employees at specified correctional centers andconservation camps.
NRS 209.189 Fundfor Prison Industries.
NRS 209.192 Fundfor New Construction of Facilities for Prison Industries.
NRS 209.201 PrisonRevolving Account.
NRS 209.221 OffendersStore Fund.
NRS 209.225 Investmentand disbursement of interest and income of Offenders Store Fund.
NRS 209.229 Operationof vending machines in visitors areas; profits from operation to be depositedin Offenders Store Fund.
NRS 209.231 Depositof money received from operation of conservation camp into Division of ForestryAccount; powers and duties of State Forester Firewarden.
NRS 209.239 Regulationof personal property of offenders.
NRS 209.241 Safekeepingof money and valuables of offenders: Prisoners Personal Property Fund; dutiesof Director; withdrawals by offenders; disbursement of interest and income;penalties.
NRS 209.243 Administrativeclaim by prisoner for loss of personal property, property damage, personalinjuries or other claims; regulations.
NRS 209.246 Deductionsfrom individual account of offender.
NRS 209.247 Deductionsfrom individual account of offender: Order of priority.
NRS 209.2475 Deductionsfrom individual account of offender: Limitations; disposition of remainingmoney upon release of offender; reduction or elimination; transmittal.
NRS 209.248 Accountfor disbursements to offenders: Establishment; use; reimbursement.
NRS 209.251 Booksand papers kept by Board or Director: Inspection; delivery to successors.
TRANSPORTATION AND TRANSFER OF OFFENDERS
NRS 209.261 Transportationof offender to appropriate institution or facility.
NRS 209.273 Unnecessaryexpense not allowed; offenders transported collectively.
NRS 209.274 Transportationof offender to appear before court.
NRS 209.2745 Paymentfor transportation of offender to appear as witness in action for small claims.
NRS 209.276 Reimbursementfor transportation of witness in action by offender concerning civil rights.
NRS 209.281 Temporaryinterstate transportation.
NRS 209.291 Transferof offenders: Within Department; to other governmental agencies; between UnitedStates and foreign country.
NRS 209.293 Transferof offender to correctional institution of another state.
NRS 209.301 Transferof minors to state facility for detention of children.
NRS 209.311 Transferof persons detained in local facility to institution or facility of Departmentfor safekeeping.
NRS 209.321 Transferof offender for psychiatric observation or treatment.
NRS 209.331 Medicalevaluation or treatment of offender outside institution or facility.
CUSTODY, CARE AND EDUCATION OF OFFENDERS
NRS 209.341 Directorto establish system of initial classification and evaluation for offenders;assignment of offender to appropriate institution or facility of Department.
NRS 209.351 Directorto establish system of ongoing classification and evaluation for offenders andto maintain records.
NRS 209.3515 Directormay request or provide medical or mental health records of certain offenders.
NRS 209.352 Directormay establish system for offender management.
NRS 209.353 Departmentto collect and submit information regarding offenders to Central Repository forNevada Records of Criminal History.
NRS 209.356 Directorto establish program of regimental discipline.
NRS 209.361 Directorto adopt regulations and penalties for violations.
NRS 209.365 Directorto establish program to prevent offenders from possessing or receiving certainpublications.
NRS 209.367 Directorto establish program for testing of offenders for use of alcohol and controlledsubstances.
NRS 209.371 Corporalpunishment and inhumane treatment prohibited.
NRS 209.381 Diet,housing and hygiene of offenders; medical and dental services of institutionsand facilities.
NRS 209.382 StateHealth Officer to examine and report on medical and dental services, diet ofoffenders, sanitation and safety in institutions and facilities.
NRS 209.3825 Orderby court affecting conditions of confinement of prisoner; Director entitled tonotice and opportunity to be heard; exception.
NRS 209.385 Testingoffenders for exposure to human immunodeficiency virus; disclosure of name ofoffender whose tests are positive; segregation of offender; duties of Director.
NRS 209.387 Legislativefindings and declarations regarding programs for education of offenders.
NRS 209.389 Boardto establish programs for general education, vocational education and trainingand other rehabilitation.
NRS 209.391 Directorto administer programs of education, training and rehabilitation, to establishprograms for counseling, research, statistics and planning and to purchasetextbooks.
NRS 209.392 Residentialconfinement: Duration; notification to victim; eligibility; violation of termsor conditions.
NRS 209.3925 Residentialconfinement or other appropriate supervision of offenders who are physicallyincapacitated or in ill health: Eligibility; duration; notice; effect ofviolation of terms or conditions; status of offenders.
NRS 209.393 Regulationsregarding literacy of offenders.
NRS 209.396 Limitationson assignment of offender to industrial or vocational school; educationalrequirements for offender with developmental, learning or other disability.
NRS 209.401 Directormay establish facilities for offenders to live in community.
NRS 209.417 Offendersnot to have access to telecommunications devices; exception.
NRS 209.419 Interceptionof offenders communications by telephone: Notice; exceptions.
NRS 209.423 Visitsand correspondence between offenders and others.
TREATMENT OF ABUSERS OF ALCOHOL OR DRUGS
Therapeutic Communities
NRS 209.4231 Definitions.
NRS 209.4232 HealthDivision defined.
NRS 209.4233 Programof aftercare defined.
NRS 209.4234 Substanceabuser defined.
NRS 209.4235 Therapeuticcommunity defined.
NRS 209.4236 Directorto establish therapeutic communities.
NRS 209.4237 Programto evaluate offenders for participation in therapeutic community; assignment toparticipate in therapeutic community.
NRS 209.4238 Programsof aftercare.
NRS 209.4239 Removalfrom therapeutic community or program of aftercare; Director may establishconditions, sanctions and incentives regarding participation; immunity.
NRS 209.424 Offendersexcluded from participation.
NRS 209.4242 Directormay contract with qualified persons.
NRS 209.4244 Reportby Director to Legislature.
Program for Treatment of Certain Offenders Imprisoned for DrivingUnder Influence of Intoxicating Liquor or Controlled Substance
NRS 209.425 Establishmentof program; program to include rehabilitation, education and counseling;assignment of wages.
NRS 209.427 Assignmentof offender to program; withdrawal of offender from program.
NRS 209.429 Directorto assign offender to serve term of residential confinement under certaincircumstances; offender who fails to complete program or who violates terms orconditions of residential confinement forfeits credits earned to reduce sentence.
CREDITS ON TERM OF IMPRISONMENT
NRS 209.432 Definitions.
NRS 209.433 Creditsfor offender sentenced on or before June 30, 1969.
NRS 209.443 Creditsfor offender sentenced after June 30, 1969, for crime committed before July 1,1985.
NRS 209.446 Creditsfor offender sentenced for crime committed on or after July 1, 1985, but beforeJuly 17, 1997.
NRS 209.4465 Creditsfor offender sentenced for crime committed on or after July 17, 1997.
NRS 209.447 Creditsfor offender sentenced after June 30, 1991, for crime committed before July 1,1985, and released on parole.
NRS 209.4475 Creditsfor offender on parole as of January 1, 2004, or released on parole on or afterJanuary 1, 2004.
NRS 209.448 Creditsfor completion of program of treatment for abuse of alcohol or drugs.
NRS 209.449 Creditsfor completion of vocational education and training or other program.
NRS 209.451 Forfeitureand restoration of credits.
EMPLOYMENT OF OFFENDERS
NRS 209.459 Programfor employment of offenders in services and manufacturing.
NRS 209.461 Dutiesand powers of Director; requirements for programs for employment of offenders.
NRS 209.4615 Offenderto obtain approval of Director for employment, contractual activity or businessactivity; private employment of offender.
NRS 209.462 Directorto provide secure facility for production of license plates.
NRS 209.463 Deductionsfrom wages earned by offender during incarceration; priority of deductions.
NRS 209.471 Offendermay be allowed to participate in program beneficial to community.
NRS 209.481 Assignmentof offender to institution or facility of minimum security.
INDUSTRIAL AND AGRICULTURAL PROGRAMS
NRS 209.4815 Procedurefor emergency purchase of supplies, materials or equipment.
NRS 209.4817 Committeeon Industrial Programs: Creation; members; term of appointed members; paymentof compensation, allowances and travel expenses.
NRS 209.4818 Committeeon Industrial Programs: Duties.
RESTITUTION TO VICTIMS
NRS 209.4827 Centersto house offenders.
NRS 209.4829 Assignmentof offender to center.
NRS 209.4831 Deductionfrom wages of offender for living expenses.
NRS 209.4837 Agreementfor assignment and distribution of wages of offender; schedule of restitution.
NRS 209.4841 Distributionof earnings of offender.
NRS 209.4843 Terminationof payments of restitution.
PROGRAMS OF REENTRY INTO COMMUNITY
NRS 209.4871 Definitions.
NRS 209.4873 Correctionalprogram defined.
NRS 209.4874 Divisiondefined.
NRS 209.4877 Judicialprogram defined.
NRS 209.488 Reentrycourt defined.
NRS 209.4883 Judicialprogram: Establishment; assignment of offenders; supervision of offenders.
NRS 209.4886 Participationin judicial program: Referral of offender to reentry court; powers and dutiesof Director; regulations; reimbursement of costs; effect of violation of termsand conditions; status of offender.
NRS 209.4887 Correctionalprogram: Establishment; assignment of offenders.
NRS 209.4888 Participationin correctional program: Suitability of offender; powers and duties ofDirector; regulations; reimbursement of costs; effect of violation of terms andconditions; status of offender.
NRS 209.4889 Powersand duties of Director: Contracting for certain services for offenders orparolees in correctional or judicial program; providing referrals andinformation regarding services; applying for and accepting gifts and grants.
RELEASE OR ESCAPE OF OFFENDER
NRS 209.492 Statuswhile participating in work or educational release program or other assignment.
NRS 209.501 Temporaryfurloughs.
NRS 209.511 Dutiesof Director when offender released from prison.
NRS 209.521 Notificationof victim of escape or release of offender.
_________
DEFINITIONS
NRS
(Added to NRS by 1977, 845; A 1983, 719; 1987, 1019;
NRS
(Added to NRS by 1977, 845)
NRS
(Added to NRS by 1977, 845)
NRS
(Added to NRS by 1977, 845)
NRS
(Added to NRS by 1977, 845; A
NRS
(Added to NRS by 1977, 845; A
NRS
(Added to NRS by 1983, 719; A 1991, 216)
NRS
(Added to NRS by 1977, 845; A 1983, 719)
NRS
(Added to NRS by 1983, 719)
NRS
(Added to NRS by 1977, 845)
NRS
(Added to NRS by 1983, 719)
ADMINISTRATION OF DEPARTMENT
NRS
1. The Department of Corrections is hereby created.
2. The head of the Department is the Board of StatePrison Commissioners.
3. The Governor is the President of the Board. TheSecretary of State is the Secretary of the Board.
4. Any two members of the Board constitute a quorumfor the transaction of business.
5. The Secretary shall keep full and correct recordsof all the transactions and proceedings of the Board.
(Added to NRS by 1977, 845; A
NRS
1. Purchase, or cause to be purchased, all commissarysupplies, materials and tools necessary for any lawful purpose carried on atany institution or facility of the Department.
2. Regulate the number of officers and employees ofthe Department.
3. Prescribe regulations for carrying on the businessof the Board and the Department.
(Added to NRS by 1977, 845; A 1979, 888; 1983, 719)
NRS
1. The Chief Administrative and Fiscal Officer of theDepartment 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 histraining, experience and aptitude in the field of corrections.
(d) Is entitled to receive an annual salary in anamount fixed by law.
(e) Shall not engage in any other gainful employment oroccupation.
(Added to NRS by 1977, 846)
NRS
1. Administer the Department under the direction ofthe Board.
2. Supervise the administration of all institutionsand facilities of the Department.
3. Receive, retain and release, in accordance withlaw, offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody,treatment, care, security and discipline of all offenders under hisjurisdiction.
5. Ensure that any person employed by the Departmentwhose 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 orfacility of the Department,
is acorrectional officer who has the powers of a peace officer pursuant to subsection1 of NRS 289.220
6. Establish regulations with the approval of theBoard and enforce all laws governing the administration of the Department andthe custody, care and training of offenders.
7. Take proper measures to protect the health andsafety of the staff and offenders in the institutions and facilities of theDepartment.
8. Cause to be placed from time to time in conspicuousplaces about each institution and facility copies of laws and regulationsrelating to visits and correspondence between offenders and others.
9. Provide for the holding of religious services inthe institutions and facilities and make available to the offenders copies ofappropriate religious materials.
(Added to NRS by 1977, 846; A 1983, 719;
NRS
(Added to NRS by
NRS
1. The Director may delegate to an assistant director,manager, warden or employee of the Department the exercise or discharge in thename of the Director of any power, duty or function vested in or imposed uponthe Director.
2. The official act of any such person acting in thename of the Director and by his authority shall be deemed an official act ofthe Director.
(Added to NRS by 1997, 3177)
NRS
1. The name of each offender who was released fromprison by expiration of his term of imprisonment during the previous month orwho was discharged from parole during the previous month; and
2. The case number of each offense for which theoffender was released or discharged.
(Added to NRS by
NRS
1. Negotiations entered into by the Department toresolve any potential or existing litigation which could have a fiscal effectthat exceeds the amount budgeted for that purpose by the Legislature; and
2. Plans regarding the location of any prison facilityor institution.
(Added to NRS by 1989, 954; A
NRS
(Added to NRS by 1977, 846)
NRS
1. The Director shall appoint an Assistant Directorfor Industrial Programs who:
(a) Is responsible to the Director for theadministration of all industrial, vocational and agricultural programs for theemployment of offenders, except conservation camps and centers for the purposeof making restitution; and
(b) Shall enforce all policies and regulations of theDepartment relating to industrial, vocational and agricultural programs.
2. In addition to the Assistant Director appointedpursuant to subsection 1, the Director shall appoint such other assistantdirectors as are necessary.
3. The assistant directors are in the classifiedservice of the State except for purposes of retention.
4. During any absence of the Director, he shalldesignate an assistant director or a warden to act as Director of theDepartment without increase in salary.
5. The assistant directors shall carry out suchadministrative duties as may be assigned to them by the Director and shall notengage in any other gainful employment or occupation.
(Added to NRS by 1977, 846; A 1983, 720; 1987, 1019;1989, 1884; 1991, 216)
NRS
(Added to NRS by 1987, 1019; A
NRS
1. The Director shall appoint a warden for eachinstitution of the Department.
2. Each warden is in the classified service of theState except for purposes of appointment and retention.
3. Each warden is responsible to the Director for theadministration of his institution, including the execution of all policies andthe 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;
NRS
1. If the Director finds that it is necessary ordesirable that any officer or employee reside at an institution or facility,perquisites granted to the officer or employee or charges for services renderedto him are at the discretion of the Board.
2. The Director shall notify the Legislature at eachregular session of the existing charges and perquisites.
(Added to NRS by 1977, 847; A 1983, 721)
NRS
(Added to NRS by 1987, 1648; A
NRS
1. The Fund for Prison Industries is hereby created asan enterprise fund to receive all revenues derived from programs for vocationaltraining and employment of offenders and the operation of the prison farm andto receive all revenues raised by the Department from private employers for theleasing of space, facilities or equipment within the institutions or facilitiesof the Department.
2. Money in the Fund must be maintained in separatebudgetary accounts, including at least one account for industrial programs andone for the prison farm.
3. Subject to the approval of the State Board ofExaminers, the Director may expend money deposited in this Fund for thepromotion and development of these programs and the prison farm. The Directorshall expend money deposited in this Fund to pay the premiums required forcoverage of offenders under the modified program of industrial insuranceadopted pursuant to NRS 616B.028.
4. The interest and income earned on the money in theFund, after deducting any applicable charges, must be credited to the Fund.
5. If money owed to the Department for the leasing ofspace, facilities or equipment within the institutions or facilities of theDepartment or for the purchase of goods or services, which must be depositedinto the Fund for Prison Industries pursuant to subsection 1, is not paid on orbefore the date due, the Department shall charge and collect, in addition tothe money due, interest on the money due at the rate of 1.5 percent per monthor fraction thereof from the date on which the money became due until the dateof payment.
(Added to NRS by 1979, 888; A 1987, 641, 1023; 1989,550, 733; 1991, 1135; 1999,1734; 2001Special Session, 193)
NRS
1. There is hereby created in the State Treasury aFund for New Construction of Facilities for Prison Industries as a capitalprojects fund. The Director shall deposit in the Fund the deductions madepursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of
2. Before money in the Fund may be expended forconstruction, the Director shall submit a proposal for the expenditure to theState Board of Examiners. Upon making a determination that the proposedexpenditure is appropriate and necessary, the State Board of Examiners shallrecommend to the Interim Finance Committee, or the Senate Standing Committee onFinance and the Assembly Standing Committee on Ways and Means when theLegislature is in general session, that the expenditure be approved. Uponapproval of the appropriate committee or committees, the money may be soexpended.
3. The interest and income earned on the money in theFund, 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)
NRS
1. The Prison Revolving Account in the sum of $10,000is hereby created, and may be used for the payment of bills requiring immediatepayment and for the issuance of money to assist newly released or paroledoffenders, and for no other purposes.
2. The Director may deposit the Prison RevolvingAccount in one or more banks or credit unions of reputable standing.
3. Payments made from the Prison Revolving Accountmust be promptly reimbursed from appropriated money of the Department on claimsas other claims against the State are paid.
(Added to NRS by 1977, 847; A 1979, 340; 1993, 940;
NRS
1. The Offenders Store Fund is hereby created as aspecial revenue fund. All money received for the benefit of offenders throughcontributions, and from other sources not otherwise required to be deposited inanother fund, must be deposited in the Offenders Store Fund.
2. The Director shall:
(a) Keep, or cause to be kept, a full and accurateaccount of the Fund;
(b) Submit reports to the Board relative to money inthe Fund as may be required from time to time; and
(c) Submit a monthly report to the offenders of theamount of money in the Fund by posting copies of the report at locationsaccessible to offenders generally or by delivery of copies to the appropriaterepresentatives 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 thePrisoners Personal Property Fund, the Director may, after obtaining theapproval of the Interim Finance Committee, authorize the State Controller totransfer money from the Offenders Store Fund to the Prisoners PersonalProperty Fund, and the State Controller shall make the transfer.
5. If an offender has insufficient money in hisindividual account in the Prisoners Personal Property Fund to repay or defraycosts assessed to the offender pursuant to NRS209.246, the Director shall authorize the State Controller to transfersufficient money from the Offenders Store Fund to the appropriate account inthe State General Fund to pay costs remaining unpaid, and the State Controllershall make the transfer. Any money so transferred must be accounted forseparately. The Director shall cause the Offenders Store Fund to be reimbursedfrom the offenders individual account in the Prisoners Personal PropertyFund, as money becomes available.
6. If the Department incurs costs related to stateproperty that has been willfully damaged, destroyed or lost or incurs costsrelated to medical examination, diagnosis or treatment for an injury to anoffender, the Director may authorize the State Controller to transfer moneyfrom the Offenders Store Fund to the appropriate account in the State GeneralFund to repay or defray those costs if:
(a) The Director has reason to believe that an offendercaused the damage, destruction, loss or injury; and
(b) The identity of the offender is unknown or cannotbe determined by the Director with reasonable certainty.
The StateController shall make the transfer if authorized by the Director. Any moneytransferred must be accounted for separately. If the identity of the offenderis determined after money has been transferred, the Director shall cause theOffenders Store Fund to be reimbursed from the offenders individual accountin the Prisoners Personal Property Fund, as money becomes available.
7. If an offender who has been assigned to a centerfor the purpose of making restitution is returned to an institution forcommitting an infraction of the regulations of the Department and the centerhas not been fully compensated for the cost of providing the offender withhousing, transportation, meals, or medical or dental services at the center,the Director may authorize the State Controller to transfer money from theOffenders Store Fund to the appropriate account in the State General Fund torepay or defray those costs. The State Controller shall make the transfer ifauthorized by the Director. Any money transferred must be accounted forseparately. The Director shall cause the Offenders Store Fund to be reimbursedfrom the offenders individual account in the Prisoners Personal PropertyFund, as money becomes available.
8. If an offender has insufficient money in hisindividual account in the Prisoners Personal Property Fund to repay or defraycosts assessed to the offender pursuant to NRS209.246, the offender shall sign a statement under penalty of perjuryconcerning his financial situation. Such a statement must include, but is notlimited to, the following information:
(a) The value of any interest the offender has in realestate;
(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 alsoauthorize the Department to access any relevant document, for the purpose ofverifying the accuracy of the information provided by the offender pursuant tothis section, including, but not limited to, information regarding any bankaccount of the offender, information regarding any bank account held in trustfor the offender and any federal income tax return, report or withholding formof the offender.
10. An offender who conceals assets from theDepartment or provides false or misleading information on a statement preparedpursuant to this section is guilty of a gross misdemeanor.
11. A person who aids or encourages an offender toconceal assets from the Department or to provide false or misleadinginformation on a statement prepared pursuant to this section is guilty of agross misdemeanor.
(Added to NRS by 1977, 847; A 1979, 308, 889; 1981,1559; 1993, 268; 1995, 363; 1997, 1232, 3178;
NRS
1. The Director shall deposit the Offenders StoreFund with the State Treasurer for investment. The interest and income earnedupon the Fund, after deducting any applicable charges, must be credited to theFund and may only be disbursed as authorized by the Legislature.
2. The provisions of this chapter do not create aright on behalf of any offender to any interest or income that accrues on themoney in the Offenders Store Fund. The provisions of this chapter do notestablish a basis for any cause of action against the State or against officersor employees of the State to claim ownership of any interest or income thataccrues on the money in the Offenders Store Fund.
(Added to NRS by 1981, 1559; A 1983, 1582; 1989,1129; 1995, 364)
NRS
1. Except as otherwise provided in subsection 2, theDepartment shall operate any vending machine that is located in a visitors areaof a facility or an institution of the Department.
2. The Department may enter into a contract with aprivate vendor to operate a vending machine located in a visitors area of afacility or an institution of the Department.
3. If the Department operates a vending machinepursuant to subsection 1 or enters into a contract with a private vendor tooperate a vending machine pursuant to subsection 2, the money received by theDepartment from the operation of the vending machine, less any money expendedfor overhead and operating expenses, must be deposited in the Offenders StoreFund created pursuant to NRS 209.221.
4. As used in this section, vending machine meansany manual or coin-operated machine or similar device for vending food,beverages or other articles.
(Added to NRS by
NRS
1. Any money received from the operation of anyconservation camp established under this chapter or from the assignment of anycrew of a conservation camp to the extent that the money is not used forsalaries, overhead or operating expenses of any camp or crew must be placed inthe Division of Forestry Account.
2. The State Forester Firewarden, as Executive Head ofthe Division of Forestry of the State Department of Conservation and NaturalResources, may:
(a) Expend the money received pursuant to subsection 1for:
(1) The renovation, repair or improvement ofbuildings and real property for any conservation camp.
(2) The acquisition of special clothing, toolsand equipment, and payment of expenses directly related to work projectsperformed by a crew of a conservation camp such as, but not limited to, thecosts of utilities and operation of equipment.
(b) Direct all activities in connection with anyrenovation, repair or improvement of buildings and real property for anyconservation camp or work project of a conservation camp.
3. The State Forester Firewarden shall determine theamount of wages that must be paid to offenders who participate in conservationcamps as provided in NRS 472.040.
(Added to NRS by 1977, 848; A 1985, 252; 1991, 217;
NRS
1. Procedures necessary to ensure that offenders arepermitted to retain reasonable amounts of personal property, consistent withsecurity and the proper functioning of the institution or facility.
2. Necessary procedures for the careful handling andsecure storage of the personal property of an offender.
(Added to NRS by 1979, 328; A 1983, 721; 1997, 3179)
NRS
1. The Director may accept money, including the netamount of any wages earned during the incarceration of an offender after anydeductions made by the Director and valuables belonging to an offender at thetime of his incarceration or afterward received by gift, inheritance or thelike or earned during the incarceration of an offender, and shall deposit themoney in the Prisoners Personal Property Fund, which is hereby created as atrust fund.
2. An offender shall deposit all money that hereceives into his individual account in the Prisoners Personal Property Fund.
3. The Director:
(a) Shall keep, or cause to be kept, a full andaccurate account of the money and valuables, and shall submit reports to theBoard relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure byan offender for personal needs.
(c) Shall pay over to each offender upon his releaseany remaining balance in his individual account.
4. The interest and income earned on the money in theFund, after deducting any applicable charges, must be credited to theOffenders Store Fund.
5. The provisions of this chapter do not create aright on behalf of any offender to any interest or income that accrues on themoney in the Prisoners Personal Property Fund. The provisions of this chapterdo not establish a basis for any cause of action against the State or againstofficers or employees of the State to claim ownership of any interest or incomethat accrues on the money in the Prisoners Personal Property Fund.
6. An offender who does not deposit all money hereceives into his individual account in the Prisoners Personal Property Fundas required in this section is guilty of a gross misdemeanor.
7. A person who aids or encourages an offender not todeposit all money the offender receives into the individual account of theoffender in the Prisoners Personal Property Fund as required in this sectionis guilty of a gross misdemeanor.
(Added to NRS by 1977, 848; A 1981, 1559; 1983, 1582;1985, 923; 1989, 1129; 1995, 2592; 1997, 3180)
NRS
1. A prisoner or former prisoner may file anadministrative claim with the Department to recover compensation for the lossof his personal property, property damage, personal injuries or any other claimarising out of a tort alleged to have occurred during his incarceration as aresult of an act or omission of the Department or any of its agents, formerofficers, employees or contractors. The claim must be filed within 6 monthsafter the date of the alleged loss, damage or injury.
2. The Department shall evaluate each claim filedpursuant to subsection 1 and determine the amount due, if any. If the amountdue is $500 or less, the Department, within the limits of legislativeappropriations, shall approve the claim for payment and submit it to be paid asother claims against the State are paid. The Department shall submit all claimsin which the amount due exceeds $500, with any recommendations it deemsappropriate, to the State Board of Examiners. The State Board of Examiners, inacting upon the claim, shall consider any recommendations of the Department.
3. The Department shall adopt regulations necessary tocarry out the provisions of this section.
(Added to NRS by 1993, 1210; A 1995, 1517)
NRS
1. Repay the cost of:
(a) State property willfully damaged, destroyed or lostby the offender during his incarceration.
(b) Medical examination, diagnosis or treatment forinjuries:
(1) Inflicted by the offender upon himself orother offenders; or
(2) Which occur during voluntary recreationalactivities.
(c) Searching for and apprehending the offender when heescapes or attempts to escape.
(d) Quelling any riot or other disturbance in which theoffender is unlawfully involved.
(e) Providing a funeral for an offender.
(f) Providing an offender with clothing, transportationand money upon his release from prison pursuant to
(g) Transportation of an offender pursuant to a courtorder in cases other than a criminal prosecution, a proceeding forpostconviction relief involving the offender or a proceeding in which theoffender has challenged the conditions of his confinement.
(h) Monetary sanctions imposed under the code of penaldiscipline adopted by the Department.
2. Defray, as determined by the Director, a portion ofthe costs paid by the Department for medical care for the offender, including,but not limited to:
(a) Except as otherwise provided in paragraph (b) ofsubsection 1, expenses for medical or dental care, prosthetic devices andpharmaceutical items; and
(b) Expenses for prescribed medicine and supplies.
3. Repay the costs incurred by the Department onbehalf of the offender for:
(a) Postage for personal items and items related tolitigation;
(b) Photocopying of personal documents and legaldocuments, for which the offender must be charged a reasonable fee not toexceed the actual costs incurred by the Department;
(c) Legal supplies;
(d) Telephone calls charged to the Department;
(e) Charges relating to checks returned forinsufficient funds and checks for which an order to stop payment has been made;
(f) Items related to the offenders work, including,but not limited to, clothing, shoes, boots, tools, a drivers license oridentification card issued by the Department of Motor Vehicles, a work cardissued by a law enforcement agency and a health card; and
(g) The replacement of an identification card orprepaid ticket for bus transportation issued to the offender by the Department.
4. Repay any cost to the State of Nevada or any agencyor political subdivision thereof that is incurred in defending the Stateagainst an action filed by an offender in federal court alleging a violation ofhis civil rights which is determined by the court to be frivolous.
All moneycollected pursuant to this section must be deposited in the appropriate accountin 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;
NRS
1. An amount the Director deems reasonable for depositwith the State Treasurer for credit to the Fund for the Compensation of Victimsof Crime created pursuant to NRS 217.260.
2. An amount the Director considers reasonable to meetan existing obligation of the offender for the support of his family.
3. An amount determined by the Director, with theapproval of the Board, to offset the cost of maintaining the offender in theinstitution, as reflected in the budget of the Department. An amount deductedpursuant to this subsection may include, but is not limited to, an amount tooffset the cost of participation by the offender pursuant to
4. A deduction pursuant to
5. An amount determined by the Director for deposit ina savings account for the offender, in which interest on the money depositeddoes not accrue, to be used for the payment of the expenses of the offenderrelated to his release or, if the offender dies before his release, to defrayexpenses related to arrangements for his funeral.
6. An amount the Director considers reasonable to meetan existing obligation of the offender for restitution to a victim of hiscrime.
7. An amount the Director considers reasonable to paythe balance of an administrative assessment included in the judgment enteredagainst the offender for each crime for which he is incarcerated and thebalance of an unpaid administrative assessment included in a judgment enteredagainst the offender for a crime committed in this state for which he waspreviously convicted. An amount deducted from a source other than the wagesearned by the offender during his incarceration, pursuant to this subsection,must be submitted:
(a) If the offender does not have an administrativeassessment owing from a judgment entered for a crime previously committed inthis state, to the court that entered the judgment against the offender forwhich he is incarcerated.
(b) If the offender has an administrative assessmentowing from a judgment entered for a crime previously committed in this state,to the court that first entered a judgment for which an administrativeassessment is owing, until the balance owing has been paid.
8. An amount the Director considers reasonable to paythe balance of a fine included in the judgment entered against the offender foreach crime for which he is incarcerated and the balance of an unpaid fineincluded in a judgment entered against the offender for a crime committed inthis state for which he was previously convicted. An amount deducted from anysource 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 ajudgment entered for a crime previously committed in this state, to the courtthat entered the judgment against the offender for which he is incarcerated.
(b) If the offender has a fine owing from a judgmententered for a crime previously committed in this state, to the court that firstentered 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 thebalance of any fee imposed upon the offender for genetic marker testing andincluded in the judgment entered against the offender pursuant to
The Directorshall determine the priority of any other deduction authorized by law from anysource other than the wages earned by the offender during his incarceration.
(Added to NRS by 1997, 2657, 3175; A
NRS
1. The Director shall not make any deduction from theindividual account of an offender in the Prisoners Personal Property Fund ifthe balance in the account is below the minimum balance designated by theDirector pursuant to this subsection. The Director shall designate the minimumbalance of an account of an offender required before such other deductions orwithdrawals from the account may be made by the Director or the offender.
2. Upon the release of an offender, any money from anysource remaining in an account of the offender may be used to reimburse theDepartment for any expenses related to his release, including, but not limitedto, any expenses incurred by the Department pursuant to
3. The Director may reduce or eliminate a deductionauthorized pursuant to NRS 209.247 or
4. The Director may, if appropriate, transmit adeduction made pursuant to NRS 209.247or 209.463 directly to the person,entity or fund for whom the deduction was made.
(Added to NRS by 1997, 3176)
NRS
1. The Department shall establish in any insured bank,credit union or savings and loan association doing business in this state anaccount for disbursements to offenders. The balance in the account must notexceed $600,000. Money in the account may be expended only for the payment oftransactions involving offenders trust funds.
2. Payments made from the account for disbursements tooffenders must be promptly reimbursed from money in the appropriate fund ondeposit with the State Treasurer.
(Added to NRS by 1985, 1162; A
NRS
1. At all times, on all legal days, be open to theinspection of the members of the Board, all other state officers, members ofthe Legislature, and the sheriffs of the several counties of this state.
2. At the expiration of their term of office, bedelivered to their successors.
(Added to NRS by 1977, 848)
TRANSPORTATION AND TRANSFER OF OFFENDERS
NRS
1. Upon notification by the county clerk of any countyin this state that a person is being held under sentence of imprisonment in thestate prison, the Director shall immediately provide for the transportation ofthe offender from the place of confinement to an appropriate institution orfacility of the Department.
2. The expense of such transportation is a chargeagainst the Department and must be paid upon approval by the Board as otherclaims against the State are paid.
3. The reasonable expenses of maintaining every personsentenced to imprisonment in the state prison, after 5 days notice to theDirector, is a charge against the Department.
4. The officer in charge of transporting an offenderis entitled to receive allowances for transportation and subsistence at therates provided for state employees.
5. In all cases where an appeal is sustained by theSupreme Court, further transportation of the offender is at the expense of thecounty in which the offender was convicted and at the same rate as provided insubsection 4.
(Added to NRS by 1977, 848; A 1983, 721; 1985, 394)
NRS
(Added to NRS by 1977, 849)
NRS
1. Except as otherwise provided in this section, whenan 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 dayscheduled for his appearance.
2. If notice is not provided within the time set forthin NRS 50.215, the Department shalltransport the offender to court on the date scheduled for his appearance if itis possible to transport the offender in the usual manner for thetransportation of offenders by the Department. If it is not possible for theDepartment to transport the offender in the usual manner:
(a) The Department shall make the offender available onthe date scheduled for his appearance to provide testimony by telephone or byvideo, if so requested by the court.
(b) The Department shall provide for specialtransportation 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 whichthe court is located to reimburse the Department for any cost incurred for thespecial transportation.
(c) The court may order the county sheriff to transportthe offender to and from the court at the expense of the county.
(Added to NRS by 1995, 2591; A
NRS
1. Except as otherwise provided in subsection 3, if anoffender has filed an action for small claims pursuant to
2. Within 30 days after providing transportation foran offender to appear in court pursuant to subsection 1, the Department shall:
(a) Reimburse the offender for any amount paid by himthat exceeds the actual cost incurred by the Department in providingtransportation for the offender; or
(b) Charge the offender for any cost incurred by theDepartment in providing transportation for the offender that exceeds the amountpaid by the defendant pursuant to subsection 1.
3. The provisions of this section do not apply to indigentoffenders.
(Added to NRS by
NRS
(Added to NRS by 1997, 3174)
NRS
1. The offender will perform general labor inconnection with forestry projects and will be directly returned to the State ofNevada after completion of the general labor; or
2. Some part of Nevada is threatened by fire or othernatural disaster and the threat emanates from an adjoining state.
(Added to NRS by 1977, 849)
NRS
1. The Director may transfer an offender:
(a) From one institution or facility to another withinthe Department; or
(b) To other governmental agencies,
inaccordance with classification evaluations and the requirements of treatment,training, security and custody of the offender.
2. The prison sentence of an offender continuesuninterrupted while he is at the correctional facility to which he has beentransferred.
3. Whenever a treaty is in force providing for thetransfer of offenders between the United States and a foreign country, theDirector may, with the consent of the Governor, approve a transfer as providedin the treaty upon the application of the offender to the Director.
(Added to NRS by 1977, 849; A 1979, 727; 1983, 721)
NRS
(Added to NRS by 1979, 473)
NRS
1. The Department may transfer a person who is a minorand who is confined in an institution or facility of the Department to a statefacility for the detention of children if the superintendent of the facilityconsents to the transfer.
2. As used in this section, state facility for thedetention of children means the Nevada Youth Training Center, the CalienteYouth Center or any other state facility for the detention of children that isoperated pursuant to title 5 of NRS.
(Added to NRS by 1977, 849; A 1983, 722; 1989, 1956;
NRS
(Added to NRS by 1977, 849; A 1983, 722)
NRS
(Added to NRS by 1977, 849)
NRS
(Added to NRS by 1977, 849; A 1983, 722; 1997, 3181)
CUSTODY, CARE AND EDUCATION OF OFFENDERS
NRS
1. Establish, with the approval of the Board, a systemof initial classification and evaluation for offenders who are sentenced toimprisonment in the state prison; and
2. Assign every person who is sentenced toimprisonment in the state prison to an appropriate institution or facility ofthe Department. The assignment must be based on an evaluation of the offendersrecords, particular needs and requirements for custody.
(Added to NRS by 1977, 849; A 1979, 1125; 1983, 722;1987, 2238; 1997, 906)
NRS
1. Establish a system of ongoing classification andevaluation to ensure the individualized custody, care and training of offendersunder the Departments jurisdiction.
2. Keep, or cause to be kept, records for eachoffender containing:
(a) The offenders name, age, date of birth, race, sex,height, weight, complexion, color of eyes and hair, peculiarities of build orfeatures.
(b) The offenders place of birth (state, county orcity, or country, province or city).
(c) The offenders occupation and whether he can readand write.
(d) The offenders record of conviction, including thedate of sentence, name of the judge passing sentence, county from whichsentenced, crime charged, date of incarceration, term of imprisonment andexpiration date of minimum and maximum terms of imprisonment.
(e) The medical records of the offender, including, butnot limited to, medical records produced by the Department and medical recordsproduced by a provider of health care outside the prison.
(f) Such other desirable or pertinent information asmay be necessary.
3. Maintain a comprehensive record of the behavior ofeach offender reflecting his accomplishments and progress as well as charges ofinfractions of regulations, punishments imposed and medical services rendered.
(Added to NRS by 1977, 849; A 1987, 2239; 1997, 3182)
NRS
1. The Director, through the designated medicaldirector, may request from the Division of Mental Health and DevelopmentalServices of the Department of Health and Human Services access to any recordsin its possession which contain information that may assist in evaluating,caring for and providing treatment to an offender who previously was committedto the custody of or ordered to report to the Administrator or his designeepursuant to NRS 178.425 or
2. Unless otherwise ordered by a court, upon a requestfor access to records of an offender pursuant to subsection 1, the Division ofMental Health and Developmental Services of the Department of Health and HumanServices shall provide access to any such records, including, withoutlimitation, relevant medical and mental health records, for the limited purposeof allowing the Director or the designated medical director to evaluate, carefor and provide treatment to the offender.
3. The Director, through the designated medicaldirector, may provide to the Division of Mental Health and DevelopmentalServices of the Department of Health and Human Services or to other communitymedical or mental health care providers, relevant medical and mental healthrecords of an offender serving a term of imprisonment under the custody of theDepartment of Corrections, for the purposes of planning the discharge of theoffender and assuring the continuity of evaluation, care and treatment of theoffender in the community after release from incarceration.
4. No oral or written consent of the offender isrequired to obtain access to records from the Division of Mental Health andDevelopmental Services of the Department of Health and Human Services or theDepartment of Corrections pursuant to this section.
5. As used in this section, designated medicaldirector means the designated administrative officer of the Department who isresponsible for the medical treatment of offenders.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. A record of:
(a) The name and fingerprints of each offender servinga term of imprisonment in an institution or facility of the Department;
(b) The length of the term of imprisonment of theoffender, including, without limitation, the number of days served during aperiod 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
NRS
1. Incarceration and segregation of the persons in anappropriate 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 ofalcohol and drugs;
(b) The management of stress;
(c) Building character;
(d) Learning to behave in a rational manner; and
(e) Preparing for and obtaining employment.
(Added to NRS by 1989, 1852)
NRS
1. Adopt with the approval of the board suchregulations as are necessary to:
(a) Maintain proper custody of an offender inaccordance with his current classification.
(b) Prevent escapes and maintain good order anddiscipline.
2. Establish procedures by regulation for disposing ofcases involving violations of law in institutions or facilities of theDepartment.
3. Establish sanctions appropriate to the type andseverity of such violations.
(Added to NRS by 1977, 850; A 1983, 722)
NRS
1. The Director shall adopt, with the approval of theBoard, regulations establishing and governing a program, to be carried outwithin each facility and institution, to prevent an offender from possessing orreceiving a publication which is detrimental to his rehabilitation or which hasthe potential to disrupt security or promote violence or disorder in thefacility 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 isprohibited from possessing or receiving a publication pursuant to this section,the offender possessing or receiving the publication must be provided withnotice of the determination and an opportunity to appeal the determination. Anappeal may be summarily denied if the appeal involves a publication that issimilar to a publication that previously has been prohibited.
3. The establishment of the program required pursuantto this section does not affect:
(a) The authority of the Department to review materialsthat 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 suchreviews.
4. The Department and its officers, employees andindependent contractors are immune from liability for damages arising from anact or omission that allows an offender to possess or receive a publicationthat is prohibited pursuant to this section.
5. As used in this section:
(a) Criminal gang has the meaning ascribed to it in
(b) Publication means a book, magazine, newsletter,bulletin, pamphlet or other similar item as determined by the Director.
(Added to NRS by 1997, 1640)
NRS
1. The Director shall establish a program, to becarried out within each facility and institution, that provides for periodictesting of offenders for use of alcohol and controlled substances. The programmust provide that the selection of offenders to be tested for use of alcoholand controlled substances must be made on a random basis.
2. The Director shall adopt, with the approval of theBoard, regulations governing the operation of the program. The regulations mustset 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 beobtained;
(c) The persons who are authorized to obtain a samplefor a test; and
(d) The method for preserving the chain of custody of asample obtained for a test.
3. The Department shall inform the offenders in each facilityand institution of the requirement to submit to a test and the sanctions forrefusing or failing to submit to a test and for using alcohol or a controlledsubstance. The Department may provide this information through a general noticeposted or distributed in each facility and institution.
4. The Department may sanction, pursuant to subsection5, an offender:
(a) Who refuses or fails to submit to a test;
(b) Whose test detects alcohol or a controlledsubstance;
(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 controlledsubstance.
5. In addition to any other sanction or penalty thatmay be imposed pursuant to law or regulation, an offender who violatessubsection 4 may be sanctioned by:
(a) Forfeiture of all deductions of time earned by theoffender before commission of the violation or forfeiture of such part of thosedeductions as the Director considers just, pursuant to
(b) Denial of the privilege to have visitors for aspecified period, as determined by the Director.
6. If alcohol or a controlled substance is found in afacility or institution, the Director may order that for a specified period:
(a) The offenders housed in the general area where thealcohol or controlled substance is found; or
(b) All offenders in the facility or institution,
be confinedto their cells or housing units or be denied the privilege to have visitors, orboth.
7. The establishment of the program to test offendersfor use of alcohol and controlled substances pursuant to this section does notaffect:
(a) The authority of the Department to test an offenderfor use of alcohol or a controlled substance for any other lawful purpose orreason; or
(b) The procedures used by the Department to conductsuch tests.
(Added to NRS by 1997, 1641)
NRS
(Added to NRS by 1977, 850)
NRS
1. Each offender in an institution or facility of theDepartment must be provided a healthful diet and appropriate, sanitary housing.
2. The Director with the approval of the Board shallestablish standards for personal hygiene of offenders and for the medical anddental services of each institution or facility.
(Added to NRS by 1977, 850; A 1983, 722)
NRS
1. The State Health Officer shall periodically examineand shall report to the Board semiannually upon the following operations of theDepartment:
(a) The medical and dental services and places wherethey are provided, based upon the standards for medical facilities as providedin chapter 449 of NRS.
(b) The nutritional adequacy of the diet ofincarcerated offenders taking into account the religious or medical dietaryneeds of an offender and the adjustment of dietary allowances for age, sex andlevel of activity.
(c) The sanitation, healthfulness, cleanliness andsafety of its various institutions and facilities.
2. The Board shall take appropriate action to remedyany deficiencies reported pursuant to subsection 1.
(Added to NRS by 1979, 632; A 1985, 252;
NRS
1. Except as otherwise provided in subsection 2, acourt issuing an order at the request of a prisoner in a state prison thataffects the conditions of confinement of the prisoner shall provide theDirector with:
(a) Sufficient prior notice of the intention of thecourt to enter the order; and
(b) An opportunity to be heard on the issue.
2. The court is not required to provide the Directorwith prior notice pursuant to subsection 1 if the prisoner has commenced anaction with the court challenging the conditions of his confinement and hasserved a copy of the action on the Director and the Attorney General.
3. As used in this section, conditions ofconfinement include, without limitation, the access of a prisoner to theresources of a law library, the privileges of a prisoner to receive visitorsand to use a telephone, the type of meals provided to the prisoner, the placeof confinement of a prisoner and the provision of medical care to a prisoner ina situation that is not an emergency.
(Added to NRS by 1997, 3174)
NRS
1. Each offender committed to the custody of thedepartment for imprisonment shall submit to such initial tests as the Directordetermines appropriate to detect exposure to the human immunodeficiency virus.Each such test must be approved by regulation of the State Board of Health. Atthe time the offender is committed to custody and after an incident involvingthe offender:
(a) The appropriate approved tests must beadministered; and
(b) The offender must receive counseling regarding thevirus.
2. If the results of an initial test are positive, theoffender shall submit to such supplemental tests as the Director determines appropriate.Each such test must be approved for the purpose by regulation of the StateBoard 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 whoare responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility orinstitution at which the offender is confined; and
(d) Each other employee of the Department whose normalduties involve him with the offender or require him to come into contact withthe blood or bodily fluids of the offender.
4. The offender must be segregated from every otheroffender whose test results are negative if:
(a) The results of a supplemental test are positive;and
(b) The offender engages in behavior that increases therisk of transmitting the virus, such as battery, the infamous crime againstnature, sexual intercourse in its ordinary meaning or illegal intravenousinjection of a controlled substance or a dangerous drug as defined in
5. The Director, with the approval of the Board:
(a) Shall establish for inmates and employees of theDepartment an educational program regarding the virus whose curriculum isprovided 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 soby the Health Division.
(b) May adopt such regulations as are necessary tocarry out the provisions of this section.
6. As used in this section:
(a) Incident means an occurrence, of a kind specifiedby regulation of the State Board of Health, that entails a significant risk ofexposure to the human immunodeficiency virus.
(b) Infamous crime against nature means analintercourse, cunnilingus or fellatio between natural persons of the same sex.
(Added to NRS by 1989, 385; A 1993, 6, 516, 517;1997, 906)
NRS
(Added to NRS by 1993, 2516)
NRS
1. The Board shall establish by regulation programs ofgeneral education, vocational education and training and other rehabilitation foroffenders.
2. The regulations must take appropriate account ofthe following matters:
(a) The educational level and needs of offenders;
(b) Opportunities for employment when the offender isreleased from custody;
(c) Interests of offenders; and
(d) The number of offenders desiring participation insuch programs.
3. The regulations must provide for an assessment ofthese programs at least every 3 years by qualified persons, professional groupsor trade associations.
4. No offender has a right to be admitted to a programof education, vocational education and training or other rehabilitationprograms established pursuant to this section, and it is not intended that theestablishment of such programs or the failure to establish such programs createsany right or interest in liberty or property or establishes a basis for anycause of action against the State, its political subdivisions, agencies,boards, commissions, departments officers or employees.
(Added to NRS by 1979, 308; A 1979, 1379; 1989, 1884)
NRS
1. Establish programs to provide medical,psychological, psychiatric and other appropriate forms of counseling tooffenders under the jurisdiction of the Department in accordance withclassification requirements.
2. Administer programs of general education,vocational training and other rehabilitation for offenders established by theBoard.
3. Within the limits of legislative appropriations,purchase textbooks for use by offenders who are enrolled in courses of generaleducation and vocational training offered by any branch or facility of theNevada System of Higher Education. Any textbooks purchased pursuant to thissection must remain the property of the State and must be reissued to offendersas appropriate.
4. Within the limits of legislative appropriations,establish programs of research, statistics and planning to:
(a) Determine and review periodically the effectivenessof the Departments programs of education, vocational training and otherrehabilitation for offenders;
(b) Provide annually, and at other times when sorequested, to the Board, the Governor and the Legislature informationpertaining to:
(1) The number of offenders who areparticipating in and who complete those programs;
(2) The effectiveness of those programs inaccomplishing their purposes; and
(3) The number of offenders who are returned toprison after their release; and
(c) Effect appropriate changes in the programsestablished by the Board.
(Added to NRS by 1977, 850; A 1979, 309, 1379; 1987,1174; 1993, 365)
NRS
1. Except as otherwise provided in
(a) Established a position of employment in thecommunity;
(b) Enrolled in a program for education orrehabilitation; or
(c) Demonstrated an ability to pay for all or part ofthe costs of his confinement and to meet any existing obligation forrestitution to any victim of his crime,
assign theoffender to the custody of the Division of Parole and Probation of theDepartment of Public Safety to serve a term of residential confinement,pursuant to NRS 213.380, for not longerthan the remainder of his sentence.
2. Upon receiving a request to serve a term ofresidential confinement from an eligible offender, the Director shall notifythe Division of Parole and Probation. If any victim of a crime committed by theoffender has, pursuant to subsection 4 of NRS213.130, requested to be notified of the consideration of a prisoner forparole and has provided a current address, the Division of Parole and Probationshall notify the victim of the offenders request and advise the victim that hemay submit documents regarding the request to the Division of Parole andProbation. If a current address has not been provided as required by subsection4 of NRS 213.130, the Division of Paroleand Probation must not be held responsible if such notification is not receivedby the victim. All personal information, including, but not limited to, acurrent or former address, which pertains to a victim and which is received bythe Division of Parole and Probation pursuant to this subsection isconfidential.
3. The Director, after consulting with the Division ofParole and Probation, shall adopt, by regulation, standards providing whichoffenders are eligible for residential confinement. The standards adopted bythe Director must provide that an offender who:
(a) Is not eligible for parole or release from prisonwithin a reasonable period;
(b) Has recently committed a serious infraction of therules of an institution or facility of the Department;
(c) Has not performed the duties assigned to him in afaithful and orderly manner;
(d) Has ever been convicted of:
(1) Any crime involving the use or threateneduse of force or violence against the victim; or
(2) A sexual offense;
(e) Has more than one prior conviction for any felonyin this State or any offense in another state that would be a felony ifcommitted in this State, not including a violation of
(f) Has escaped or attempted to escape from any jail orcorrectional institution for adults; or
(g) Has not made an effort in good faith to participatein or to complete any educational or vocational program or any program oftreatment, as ordered by the Director,
is noteligible for assignment to the custody of the Division of Parole and Probationto serve a term of residential confinement pursuant to this section.
4. If an offender assigned to the custody of theDivision of Parole and Probation pursuant to this section escapes or violatesany of the terms or conditions of his residential confinement:
(a) The Division of Parole and Probation may, pursuantto 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 creditsfor good behavior earned by him before the escape or violation, as determinedby the Director. The Director may provide for a forfeiture of credits pursuantto this paragraph only after proof of the offense and notice to the offenderand may restore credits forfeited for such reasons as he considers proper. Thedecision of the Director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of theDivision of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not arelease on parole; and
(b) For the purposes of
except thatthe offender is not entitled to obtain any benefits or to participate in anyprograms provided to offenders in the custody of the Department.
6. An offender does not have a right to be assigned tothe 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 intendedthat the provisions of this section or of NRS213.371 to 213.410, inclusive,create any right or interest in liberty or property or establish a basis forany 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;
NRS
1. Except as otherwise provided in subsection 6, theDirector may assign an offender to the custody of the Division of Parole andProbation of the Department of Public Safety to serve a term of residentialconfinement pursuant to NRS 213.380 orother appropriate supervision as determined by the Division of Parole andProbation, for not longer than the remainder of his sentence, if:
(a) The Director has reason to believe that theoffender is:
(1) Physically incapacitated or in ill health tosuch 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 12months, and does not presently, and likely will not in the future, pose athreat to the safety of the public; and
(b) At least two physicians licensed pursuant to
(1) Physically incapacitated or in ill health;or
(2) In ill health and expected to die within 12months.
2. If the Director intends to assign an offender tothe 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 fromthe custody of the Department, the Director shall notify:
(a) If the offender will reside within this State afterhe is released from the custody of the Department, the board of countycommissioners 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 offenderhas, pursuant to subsection 4 of NRS 213.130,requested to be notified of the consideration of a prisoner for parole and hasprovided a current address, the Division of Parole and Probation shall notifythe victim that:
(a) The Director intends to assign the offender to thecustody of the Division of Parole and Probation pursuant to this section; and
(b) The victim may submit documents to the Division ofParole and Probation regarding such an assignment.
If a currentaddress has not been provided by a victim as required by subsection 4 of
4. If an offender assigned to the custody of theDivision of Parole and Probation pursuant to this section escapes or violatesany of the terms or conditions of his residential confinement or otherappropriate supervision as determined by the Division of Parole and Probation:
(a) The Division of Parole and Probation may, pursuantto 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 creditsfor good behavior earned by him before the escape or violation, as determinedby the Director. The Director may provide for a forfeiture of credits pursuantto this paragraph only after proof of the offense and notice to the offenderand may restore credits forfeited for such reasons as he considers proper. Thedecision of the Director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of theDivision of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not arelease on parole; and
(b) For the purposes of
except thatthe offender is not entitled to obtain any benefits or to participate in anyprograms provided to offenders in the custody of the Department.
6. The Director may not assign an offender to thecustody of the Division of Parole and Probation pursuant to this section if theoffender is sentenced to death or imprisonment for life without the possibilityof parole.
7. An offender does not have a right to be assigned tothe 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 intendedthat the provisions of this section or of NRS213.371 to 213.410, inclusive,create any right or interest in liberty or property or establish a basis forany cause of action against the State, its political subdivisions, agencies,boards, commissions, departments, officers or employees.
(Added to NRS by 1997, 2410; A
NRS
1. Designate a level of literacy in reading andwriting which is consistent with that required by the State Board of Educationfor its pupils in the eighth grade.
2. Provide for the testing of each offender when hefirst becomes incarcerated, and as often as needed thereafter, to determine hisability to read and write.
3. Establish guidelines for evaluating the progress ofan illiterate offender in an educational program.
4. Establish a course to teach English as a secondlanguage, if necessary.
5. Are necessary to carry out the provisions of thissection and NRS 209.396.
(Added to NRS by 1993, 2517)
NRS
1. Except as otherwise provided in this section, anoffender who is illiterate may not be assigned to an industrial or a vocationalprogram unless:
(a) He is regularly attending and making satisfactoryprogress in a program for general education; or
(b) The Director for good cause determines that thelimitation on assignment should be waived under the circumstances with respectto a particular offender.
2. An offender whose:
(a) Native language is not English;
(b) Ability to read and write in his native language isat or above the level of literacy designated by the Board in its regulations;and
(c) Ability to read and write the English language isbelow the level of literacy designated by the Board in its regulations,
may not beassigned to an industrial or a vocational program unless he is regularlyattending and making satisfactory progress in a course which teaches English asa second language or the Director for good cause determines that the limitationon assignment should be waived under the circumstances with respect to aparticular offender.
3. Upon written documentation that an illiterateoffender has a developmental, learning or other similar disability whichaffects his ability to learn, the Director may:
(a) Adapt or create an educational program orguidelines for evaluating the educational progress of the offender to meet hisparticular needs; or
(b) Exempt the offender from the required participationin an educational program prescribed by this section.
4. The provisions of this section do not apply to anoffender who presents satisfactory evidence that he has a high school diplomaor a general educational development certificate.
5. As used in this section, illiterate means havingan ability to read and write that is below the level of literacy designated bythe Board in its regulations.
(Added to NRS by 1993, 2517; A
NRS
(Added to NRS by 1977, 850)
NRS
1. Except as otherwise provided in subsection 2, thewarden or manager of an institution or facility shall ensure that no offenderin the institution or facility has access to a telecommunications device.
2. An offender may use a telephone subject to thelimitations set forth in NRS 209.419.
3. As used in this section, telecommunicationsdevice means a device that can be used by an offender to communicate with aperson outside of the institution or facility at which the offender isincarcerated. The term includes, without limitation, a telephone, a cellulartelephone or a computer that is connected to a computer network or is otherwisecapable of communicating with a person or device outside of the facility.
(Added to NRS by
NRS
1. Communications made by an offender on any telephonein an institution or facility to any person outside the institution or facilitymay be intercepted if:
(a) The interception is made by an authorized employeeof the Department; and
(b) Signs are posted near all telephones in theinstitution or facility indicating that communications may be intercepted.
2. The Director shall provide notice or cause noticeto be provided to both parties to a communication which is being interceptedpursuant to subsection 1, indicating that the communication is beingintercepted. For the purposes of this section, a periodic sound which is heardby both parties during the communication shall be deemed notice to both partiesthat the communication is being intercepted.
3. The Director shall adopt regulations providing foran alternate method of communication for those communications by offenderswhich are confidential.
4. A communication made by an offender is confidentialif it is made to:
(a) A federal or state officer.
(b) A local governmental officer who is at some timeresponsible for the custody of the offender.
(c) An officer of any court.
(d) An attorney who has been admitted to practice lawin any state or is employed by a recognized agency providing legal assistance.
(e) A reporter or editorial employee of anyorganization that reports general news including, but not limited to, any wireservice or news service, newspaper, periodical, press association or radio ortelevision station.
(f) The Director.
(g) Any other employee of the Department whom theDirector may, by regulation, designate.
5. Reliance in good faith on a request or order fromthe Director or his authorized representative constitutes a complete defense toany action brought against any public utility intercepting or assisting in theinterception of communications made by offenders pursuant to subsection 1.
(Added to NRS by 1983, 682; A 1985, 253)
NRS
(Added to NRS by 1977, 850; A 1983, 723)
TREATMENT OF ABUSERS OF ALCOHOL OR DRUGS
Therapeutic Communities
NRS
(Added to NRS by 1997, 2652)
NRS
(Added to NRS by 1997, 2652; A
NRS
(Added to NRS by 1997, 2652)
NRS
1. Alcohol;
2. A controlled substance; or
3. A drug, poison, solvent or toxic inhalant. Thissubsection does not include tobacco or products made from tobacco.
(Added to NRS by 1997, 2652)
NRS
(Added to NRS by 1997, 2652)
NRS
1. The Director shall, in conjunction with the HealthDivision and with the approval of the Board, establish one or more therapeuticcommunities to provide treatment to certain offenders who are substanceabusers. A therapeutic community must include, but is not limited to, therequirements set forth in this section.
2. A therapeutic community must provide an offenderwith:
(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 isnot 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
(a) Must be housed in areas of a facility orinstitution that are segregated from other areas of the facility or institutionin which offenders who are not assigned to the therapeutic community arehoused; and
(b) Must participate in the therapeutic community for aperiod of 1 year and a program of aftercare for a period of 1 year if a programof aftercare is required pursuant to NRS209.4238.
(Added to NRS by 1997, 2652; A
NRS
1. The Director shall, in conjunction with the HealthDivision and with the approval of the Board, establish a program to evaluate anoffender in the custody of the Department to determine whether the offender isa substance abuser and whether the offender may benefit from participation in atherapeutic community.
2. An evaluation of an offender must be conductedpursuant to subsection 1 if the offender is eligible to be assigned to atherapeutic community.
3. After an evaluation is conducted pursuant tosubsection 1, the Director or a person designated by the Director shalldetermine whether the offender is a substance abuser and whether the offendermay benefit from participation in a therapeutic community.
4. If a determination is made that the offender is asubstance abuser and that the offender may benefit from participation in atherapeutic community, the Director or a person designated by the Directorshall determine whether to assign the offender to participate in a therapeuticcommunity. In determining whether to assign an offender to participate in atherapeutic community, the Director or a person designated by the Directorshall:
(a) Consider the severity of the problem of substanceabuse by the offender and the availability of space in each therapeuticcommunity; and
(b) Give preference, to the extent practicable, tothose offenders who appear to be most capable of successfully participating inand completing treatment in a therapeutic community.
5. To be eligible to be assigned to participate in atherapeutic community, an offender must be within 2 years of the date on whichthe offender is reasonably expected to be released, as determined by theDirector.
(Added to NRS by 1997, 2653; A
NRS
1. The Director shall, in conjunction with the HealthDivision and with the approval of the Board, establish one or more programs ofaftercare to provide continuing treatment to those offenders who successfullycomplete treatment in a therapeutic community.
2. Except as otherwise provided in
(a) An offender who successfully completes treatment ina therapeutic community must be assigned, to the extent practicable asdetermined by the Director or a person designated by the Director, to a programof aftercare upon completion of treatment in a therapeutic community.
(b) An offender shall participate, to the extentpracticable as determined by the Director or a person designated by theDirector, in a program of aftercare for a period of 1 year.
(c) If an offender is assigned to a program ofaftercare and, before or during his participation in such a program, theoffender is released on parole:
(1) The offender shall continue to participatein a program of aftercare, to the extent practicable as determined by theDirector or a person designated by the Director and by the State Board ofParole Commissioners; and
(2) That participation, if any, must be made acondition of parole pursuant to NRS213.1235.
(d) If an offender is assigned to a program of aftercareand, before or during his participation in such a program, the offender isassigned to serve a term of residential confinement pursuant to
(Added to NRS by 1997, 2653; A
NRS
1. The Director or a person designated by the Directormay 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 theparticipation of an offender in a therapeutic community or a program ofaftercare and may establish sanctions and incentives relating to participationin a therapeutic community or a program of aftercare.
3. The provisions of
(Added to NRS by 1997, 2654)
NRS
1. Was sentenced to death or a term of imprisonmentfor life without the possibility of parole; or
2. Is or was eligible to participate in the program oftreatment established pursuant to NRS209.425, whether or not the offender actually participated in or completedthat program of treatment.
(Added to NRS by 1997, 2654; A
NRS
(Added to NRS by 1997, 2654)
NRS
1. The number of offenders who are currentlyparticipating in therapeutic communities and programs of aftercare;
2. The number of offenders who have participated intherapeutic communities and programs of aftercare and the number of thoseoffenders who subsequently have been arrested for other offenses; and
3. The number of offenders who have successfullycompleted treatment in therapeutic communities and programs of aftercare andthe number of those offenders who subsequently have been arrested for otheroffenses.
The CentralRepository for Nevada Records of Criminal History shall assist the Director inobtaining all data that is necessary to prepare the information required bysubsections 2 and 3.
(Added to NRS by 1997, 2654)
Program for Treatment of Certain Offenders Imprisoned forDriving Under Influence of Intoxicating Liquor or Controlled Substance
NRS
1. The Director shall, with the approval of the Board,establish a program for the treatment of an abuser of alcohol or drugs who isimprisoned for a violation of NRS 484.379that is punishable as a felony pursuant to NRS484.3792 or a violation of NRS 484.3795or 484.37955. The program must includean initial period of intensive mental and physical rehabilitation in a facilityof the Department, followed by regular sessions of education, counseling andany other necessary or desirable treatment.
2. The Director may, upon the request of the offenderafter the initial period of rehabilitation, allow the offender to earn wagesunder any other program established by the Department if the offender assignsto the Department any wages he earns under such a program. The Director maydeduct 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 theDepartment, to maintain the offender in a facility or institution of theDepartment and in the program of treatment established pursuant to thissection; and
(b) Meet any existing obligation of the offender forthe support of his family or restitution to any victim of his crime.
(Added to NRS by 1991, 778; A
NRS
1. If the results of an evaluation conducted pursuantto NRS 484.3796 indicate that anoffender is an abuser of alcohol or drugs and that he can be treated successfullyfor his condition, the Director shall, except as otherwise provided in this section,assign the offender to the program of treatment established pursuant to
2. Before assigning an offender to a program oftreatment, the Director, in cooperation with the Division of Parole andProbation of the Department of Public Safety, shall determine, to the extentpossible:
(a) The length of time remaining on the offenderssentence, taking into consideration any credits earned by the offender; and
(b) The likelihood that the offender will complete theentire 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 theDirector capable of successfully completing the entire program.
4. The Director is not required to assign an offenderto the program of treatment if the offender is not eligible for assignment toan institution or facility of minimum security pursuant to the provisions of
5. The Director may withdraw the offender from theprogram 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 orcondition of the program.
6. As used in this section, entire program meansboth phases of the program established pursuant to
(Added to NRS by 1991, 778; A 1995, 957;
NRS
1. Except as otherwise provided in subsection 6, theDirector shall assign an offender to the custody of the Division of Parole andProbation of the Department of Public Safety to serve a term of residentialconfinement, 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 thecommunity;
(2) Enrolled in a program for education orrehabilitation; or
(3) Demonstrated an ability to pay for all orpart of the costs of his confinement and to meet any existing obligation forrestitution to any victim of his crime;
(b) The offender has successfully completed the initialperiod of treatment required under the program of treatment establishedpursuant to NRS 209.425; and
(c) The Director believes that the offender will beable to:
(1) Comply with the terms and conditionsrequired under residential confinement; and
(2) Complete successfully the remainder of theprogram of treatment while under residential confinement.
If anoffender assigned to the program of treatment pursuant to
2. Before a person may be assigned to serve a term ofresidential confinement pursuant to this section, he must submit to theDivision of Parole and Probation a signed document stating that:
(a) He will comply with the terms or conditions of hisresidential confinement; and
(b) If he fails to comply with the terms or conditionsof 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 theDivision of Parole and Probation pursuant to this section escapes or violatesany of the terms or conditions of his residential confinement:
(a) The Division of Parole and Probation may, pursuantto 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 creditsearned by him to reduce his sentence pursuant to this chapter before the escapeor violation, as determined by the Director. The Director may provide for aforfeiture of credits pursuant to this paragraph only after proof of theoffense and notice to the offender and may restore credits forfeited for suchreasons as he considers proper. The decision of the Director regardingforfeiture of credits is final.
4. The assignment of an offender to the custody of theDivision of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not arelease on parole; and
(b) For the purposes of
except thatthe offender is not entitled to obtain any benefits or to participate in anyprograms provided to offenders in the custody of the Department.
5. A person does not have a right to be assigned tothe 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 intendedthat the provisions of this section or of NRS213.371 to 213.410, inclusive,create any right or interest in liberty or property or establish a basis forany 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 isserving a sentence for committing a battery which constitutes domestic violencepursuant to NRS 33.018 to the custody ofthe Division of Parole and Probation to serve a term of residential confinementunless the Director makes a finding that the offender is not likely to pose athreat to the victim of the battery.
(Added to NRS by 1991, 779; A 1993, 1520; 1995, 26,958, 1253, 1334, 2388; 1997, 628, 1814;
CREDITS ON TERM OF IMPRISONMENT
NRS
1. Offender includes:
(a) A person who is convicted of a felony under thelaws of this State and sentenced, ordered or otherwise assigned to serve a termof residential confinement.
(b) A person who is convicted of a felony under thelaws of this State and assigned to the custody of the Division of Parole andProbation of the Department of Public Safety pursuant to
2. Residential confinement means the confinement ofa person convicted of a felony to his place of residence under the terms andconditions established pursuant to specific statute. The term does not includeany confinement ordered pursuant to NRS176A.530 to 176A.560, inclusive,
(Added to NRS by 1991, 779, 1409; A 1993, 553, 554;1997, 3182; 1999,2880; 2001, 1163,1937;
NRS
1. Every offender who was sentenced to prison on or beforeJune 30, 1969, who has no serious infraction of the regulations of theDepartment, the terms and conditions of his residential confinement, or thelaws of the State recorded against him, and who performs in a faithful, orderlyand peaceable manner the duties assigned to him, must be allowed for his term adeduction of 2 months in each of the first 2 years, 4 months in each of thenext 2 years, and 5 months in each of the remaining years of the term, and prorata 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 behaviorprovided for in subsection 1, the Board shall adopt regulations allowingcredits for offenders whose diligence in labor or study merits the credits andfor offenders who donate their blood for charitable purposes. The regulationsmust provide that an offender is entitled to the following credits foreducational achievement:
(a) For earning a general educational developmentcertificate, 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 allowedby this section if he has satisfied the conditions of subsection 1 or 2 asdetermined by the Director.
(Added to NRS by 1977, 851; A 1983, 723; 1985, 686;1989, 385; 1991, 780; 1993, 134;
NRS
1. Every offender who is sentenced to prison afterJune 30, 1969, for a crime committed before July 1, 1985, who has no seriousinfraction of the regulations of the Department, the terms and conditions ofhis residential confinement, or the laws of the State recorded against him, andwho performs in a faithful, orderly and peaceable manner the duties assigned tohim, must be allowed:
(a) For the period he is actually incarcerated undersentence; and
(b) For the period he is in residential confinement,
a deductionof 2 months for each of the first 2 years, 4 months for each of the next 2years and 5 months for each of the remaining years of the term, and pro ratafor any part of a year where the actual term served is for more or less than ayear. Credit must be recorded on a monthly basis as earned for actual timeserved.
2. The credits earned by an offender must be deductedfrom the maximum term imposed by the sentence and, except as otherwise providedin subsection 5, must apply to eligibility for parole.
3. In addition to the credits for good behaviorprovided for in subsection 1, the Board shall adopt regulations allowingcredits for offenders whose diligence in labor or study merits such credits andfor offenders who donate their blood for charitable purposes. The regulationsmust provide that an offender is entitled to the following credits foreducational achievement:
(a) For earning a general educational developmentcertificate, 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 allowedby this section if he has satisfied the conditions of subsection 1 or 3 asdetermined by the Director.
5. Credits earned pursuant to this section do notapply to eligibility for parole if a statute specifies a minimum sentence whichmust 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;
NRS
1. Every offender who is sentenced to prison for acrime committed on or after July 1, 1985, but before July 17, 1997, who has noserious infraction of the regulations of the Department, the terms andconditions of his residential confinement, or the laws of the State recordedagainst him, and who performs in a faithful, orderly and peaceable manner theduties assigned to him, must be allowed:
(a) For the period he is actually incarcerated undersentence;
(b) For the period he is in residential confinement;and
(c) For the period he is in the custody of the Divisionof Parole and Probation of the Department of Public Safety pursuant to
a deductionof 10 days from his sentence for each month he serves.
2. In addition to the credit provided for insubsection 1, the Director may allow not more than 10 days of credit each monthfor an offender whose diligence in labor and study merits such credits. Inaddition to the credits allowed pursuant to this subsection, an offender isentitled to the following credits for educational achievement:
(a) For earning a general educational developmentcertificate, 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 ofcredit each month for an offender who participates in a diligent andresponsible manner in a center for the purpose of making restitution,conservation camp, program of work release or another program conducted outsideof the prison. An offender who earns credit pursuant to this subsection isentitled to the entire 20 days of credit each month which is authorized insubsections 1 and 2.
4. The Director may allow not more than 90 days ofcredit each year for an offender who engages in exceptional meritoriousservice.
5. The Board shall adopt regulations governing theaward, 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 bythe sentence; and
(b) Apply to eligibility for parole unless the offenderwas sentenced pursuant to a statute which specifies a minimum sentence whichmust 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;
NRS
1. An offender who is sentenced to prison for a crimecommitted on or after July 17, 1997, who has no serious infraction of theregulations of the Department, the terms and conditions of his residentialconfinement or the laws of the State recorded against him, and who performs ina faithful, orderly and peaceable manner the duties assigned to him, must beallowed:
(a) For the period he is actually incarcerated pursuantto his sentence;
(b) For the period he is in residential confinement;and
(c) For the period he is in the custody of the Divisionof Parole and Probation of the Department of Public Safety pursuant to
a deductionof 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant tosubsection 1, the Director may allow not more than 10 days of credit each monthfor an offender whose diligence in labor and study merits such credits. Inaddition to the credits allowed pursuant to this subsection, an offender isentitled to the following credits for educational achievement:
(a) For earning a general educational developmentcertificate, 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 anoffender to receive a maximum of 90 days of credit for each additional degreeof higher education earned by the offender.
4. The Director may allow not more than 10 days ofcredit each month for an offender who participates in a diligent andresponsible manner in a center for the purpose of making restitution,conservation camp, program of work release or another program conducted outsideof the prison. An offender who earns credit pursuant to this subsection iseligible to earn the entire 20 days of credit each month that is allowedpursuant to subsections 1 and 2.
5. The Director may allow not more than 90 days ofcredit each year for an offender who engages in exceptional meritoriousservice.
6. The Board shall adopt regulations governing theaward, 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 bythe sentence; and
(b) Apply to eligibility for parole unless the offenderwas sentenced pursuant to a statute which specifies a minimum sentence thatmust be served before a person becomes eligible for parole.
(Added to NRS by 1997, 3175; A
NRS
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 aterm less than life must, if he has no serious infraction of the terms andconditions of his parole or the laws of this state recorded against him, beallowed for the period he is actually on parole a deduction of 2 months foreach of the first 2 years, 4 months for each of the next 2 years and 5 monthsfor each of the remaining years of the term, and pro rata for any part of ayear where the actual term served is for more or less than a year. Credit mustbe 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 parolefor a term less than life must, if he has no serious infraction of the termsand conditions of his parole or the laws of this state recorded against him, beallowed for the period he is actually on parole a deduction of 10 days from hissentence for each month he serves.
3. An offender is entitled to the deductionsauthorized by this section only if he satisfies the conditions of subsection 1or 2, as determined by the Director. The Chief Parole and Probation Officer orother person responsible for the supervision of an offender shall report to theDirector the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, inaddition to any credits earned pursuant to NRS209.443, 209.446,
5. The Director shall maintain records of the creditsto which each offender is entitled pursuant to this section.
(Added to NRS by 1991, 1409; A 1993, 557; 1997, 3183;1999, 136;
NRS
1. In addition to any credits earned pursuant to
(a) He is current with any fee to defray the costs ofhis supervision pursuant to NRS 213.1076;and
(b) He is current with any payment of restitutionrequired pursuant to NRS 213.126.
2. In addition to any credits earned pursuant tosubsection 1 and NRS 209.447, theDirector 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 isreleased on parole on or after January 1, 2004, for a term less than life; and
(b) Whose diligence in labor or study merits suchcredits.
3. An offender is entitled to the deductionsauthorized by this section only if he satisfies the conditions of subsection 1or 2, as determined by the Director. The Chief Parole and Probation Officer orother person responsible for the supervision of an offender shall report to theDirector the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, inaddition to any credits earned pursuant to NRS209.443, 209.446,
5. The Director shall maintain records of the creditsto which each offender is entitled pursuant to this section.
(Added to NRS by
NRS
1. An offender who has no serious infraction of theregulations of the Department or the laws of the State recorded against himmust be allowed, in addition to the credits provided pursuant to
2. The provisions of this section apply to anyoffender 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;
NRS
1. An offender who has no serious infraction of theregulations of the Department, the terms and conditions of his residentialconfinement, or the laws of the State recorded against him must be allowed, inaddition to the credits provided pursuant to NRS209.433, 209.443,
(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 withmeritorious or exceptional achievement, the Director may allow not more than 60days of credit in addition to the 30 days allowed for completion of theprogram.
(Added to NRS by 1989, 1883; A 1991, 782; 1993, 137;1995, 1254; 1997, 3184;
NRS
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 theregulations of the Department or of the terms and conditions of his residentialconfinement;
(c) Commits a misdemeanor, gross misdemeanor or felony;or
(d) In a civil action, in state or federal court, isfound by the court to have presented a pleading, written motion or otherdocument in writing to the court which:
(1) Contains a claim or defense that is includedfor an improper purpose, including, without limitation, for the purpose ofharassing his opponent, causing unnecessary delay in the litigation orincreasing the cost of the litigation;
(2) Contains a claim, defense or other argumentwhich is not warranted by existing law or by a reasonable argument for a changein existing law or a change in the interpretation of existing law; or
(3) Contains allegations or informationpresented as fact for which evidentiary support is not available or is notlikely to be discovered after further investigation,
he forfeitsall deductions of time earned by him before the commission of that offense oract, or forfeits such part of those deductions as the Director considers just.
2. If an offender commits a serious violation of theregulations of the Department or of the terms and conditions of his residentialconfinement or if an offender violates subsection 4 of
3. A forfeiture may be made only by the Director afterproof of the commission of an act prohibited pursuant to this section andnotice to the offender in the manner prescribed in the regulations of theDepartment. The decision of the Director regarding a forfeiture is final.
4. The Director may restore credits forfeited for suchreasons as he considers proper.
5. As used in this section, civil action includes apetition 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;
EMPLOYMENT OF OFFENDERS
NRS
(Added to NRS by 1979, 1381; A 1987, 1019;
NRS
1. The Director shall:
(a) To the greatest extent possible, approximate thenormal conditions of training and employment in the community.
(b) Except as otherwise provided in this section, tothe extent practicable, require each offender, except those whose behavior isfound by the Director to preclude participation, to spend 40 hours each week invocational training or employment, unless excused for a medical reason or toattend educational classes in accordance with NRS209.396. The Director shall require as a condition of employment that an offendersign an authorization for the deductions from his wages made pursuant to
(c) Use the earnings from services and manufacturingconducted by the institutions and the money paid by private employers whoemploy the offenders to offset the costs of operating the prison system and toprovide wages for the offenders being trained or employed.
(d) Provide equipment, space and management forservices and manufacturing by offenders.
(e) Employ craftsmen and other personnel to superviseand instruct offenders.
(f) Contract with governmental agencies and privateemployers for the employment of offenders, including their employment on publicworks projects under contracts with the State and with local governments.
(g) Contract for the use of offenders services and forthe sale of goods manufactured by offenders.
2. Every program for the employment of offendersestablished by the Director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in
(c) Have an insignificant effect on the number of jobsavailable 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 accessto personal information concerning any person who is not incarcerated.
4. Each fiscal year, the cumulative profits andlosses, if any, of the programs for the employment of offenders established bythe Director must result in a profit for the Department. The following must notbe included in determining whether there is a profit for the Department:
(a) Fees credited to the Fund for Prison Industriespursuant to NRS 482.268, any revenuecollected by the department for the leasing of space, facilities or equipmentwithin the institutions or facilities of the Department, and any interest orincome earned on the money in the Fund for Prison Industries.
(b) The selling expenses of the Central AdministrativeOffice of the Programs for the Employment of Offenders. As used in thisparagraph, selling expenses means delivery expenses, salaries of salespersonnel and related payroll taxes and costs, the costs of advertising and thecosts of display models.
(c) The general and administrative expenses of theCentral Administrative Office of the Programs for the Employment of Offenders.As used in this paragraph, general and administrative expenses means thesalary of the Assistant Director of Industrial Programs and the salaries of anyother personnel of the Central Administrative Office and related payroll taxesand costs, the costs of telephone usage, and the costs of office supplies usedand postage used.
5. Except as otherwise provided in subsection 3, theDirector may, with the approval of the Board:
(a) Lease spaces and facilities within any institutionof the Department to private employers to be used for the vocational trainingand employment of offenders.
(b) Grant to reliable offenders the privilege ofleaving institutions or facilities of the Department at certain times for thepurpose of vocational training or employment.
6. The provisions of this chapter do not create aright on behalf of the offender to employment or to receive the federal orstate minimum wage for any employment and do not establish a basis for anycause of action against the State or its officers or employees for employmentof an offender or for payment of the federal or state minimum wage to anoffender.
(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;
NRS
1. An offender shall obtain the approval of theDirector before he:
(a) Engages in any employment, including, but notlimited 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 ordisapprove employment, contractual activity or business activity pursuant tosubsection 1 and may withdraw his approval at any time.
3. An offender who is employed by a private employershall:
(a) Deposit his income from such employment in hisindividual account in the Prisoners Personal Property Fund;
(b) Provide the Director with a copy of all his federalincome tax returns, reports and withholding forms when they become available tothe offender; and
(c) Provide the Director with a record of any of hisbank accounts, including, but not limited to, a checking account, savingsaccount, investment account or account with a brokerage firm, upon a requestfrom the Director.
4. Upon request of the Director, a private employerwho employs an offender shall provide the Director with:
(a) Monthly statements accounting for all wages he paidto the offender; and
(b) Any additional information concerning theemployment of the offender that is requested by the Director.
(Added to NRS by 1997, 3177)
NRS
(Added to NRS by 1987, 1022; A
NRS
1. If the hourly wage of the offender is equal to orgreater than the federal minimum wage:
(a) An amount the Director deems reasonable for depositwith the State Treasurer for credit to the Fund for the Compensation of Victimsof Crime.
(b) An amount the Director considers reasonable to meetan existing obligation of the offender for the support of his family.
(c) An amount determined by the Director, with theapproval of the Board, for deposit in the State Treasury for credit to the Fundfor New Construction of Facilities for Prison Industries, but only if theoffender is employed through a program for prison industries.
(d) An amount determined by the Director for deposit inthe individual account of the offender in the Prisoners Personal PropertyFund.
(e) An amount determined by the Director, with theapproval of the Board, to offset the cost of maintaining the offender in theinstitution, as reflected in the budget of the Department. An amount deductedpursuant to this paragraph may include, but is not limited to, an amount tooffset the cost of participation by the offender pursuant to
(f) A deduction pursuant to
(g) An amount determined by the Director for deposit ina savings account for the offender, in which interest on the money depositeddoes not accrue, to be used for the payment of the expenses of the offenderrelated to his release, or if the offender dies before his release, to defrayexpenses related to arrangements for his funeral.
(h) An amount the Director considers reasonable to meetan existing obligation of the offender for restitution to any victim of hiscrime.
(i) An amount the Director considers reasonable to paythe balance of any fee imposed upon the offender for genetic marker testing andincluded in the judgment entered against the offender pursuant to
(j) An amount the Director considers reasonable to paythe balance of an administrative assessment included in the judgment enteredagainst the offender for each crime for which he is incarcerated and thebalance of an unpaid administrative assessment included in a judgment enteredagainst the offender for a crime committed in this state for which he waspreviously convicted. An amount deducted from the wages of the offenderpursuant to this paragraph must be submitted:
(1) If the offender does not have anadministrative assessment owing from a judgment entered for a crime previouslycommitted in this state, to the court that entered the judgment against theoffender for which he is incarcerated.
(2) If the offender has an administrativeassessment owing from a judgment entered for a crime previously committed inthis state, to the court that first entered a judgment for which anadministrative assessment is owing, until the balance owing has been paid.
(k) An amount the Director considers reasonable to paythe balance of a fine included in the judgment entered against the offender foreach crime for which he is incarcerated and the balance of an unpaid fineincluded in a judgment entered against the offender for a crime committed inthis state for which he was previously convicted. An amount deducted from thewages of the offender pursuant to this paragraph must be submitted:
(1) If the offender does not have a fine owingfrom a judgment entered for a crime previously committed in this state, to thecourt that entered the judgment against the offender for which he isincarcerated.
(2) If the offender has a fine owing from ajudgment entered for a crime previously committed in this state, to the courtthat first entered a judgment for which a fine or administrative assessment isowing, until the balance owing has been paid.
The Directorshall determine the priority of any other deduction authorized by law from thewages earned by the offender from any source during his incarceration.
2. If the hourly wage of the offender is less than thefederal minimum wage:
(a) An amount the Director deems reasonable for depositwith the State Treasurer for credit to the Fund for the Compensation of Victimsof Crime.
(b) An amount determined by the Director, with theapproval of the Board, for deposit in the State Treasury for credit to the Fundfor New Construction of Facilities for Prison Industries, but only if theoffender is employed through a program for prison industries.
(c) An amount determined by the Director for deposit inthe individual account of the offender in the Prisoners Personal PropertyFund.
(d) An amount determined by the Director, with theapproval of the Board, to offset the cost of maintaining the offender in theinstitution, as reflected in the budget of the Department. An amount deductedpursuant to this paragraph may include, but is not limited to, an amount tooffset the cost of participation by the offender pursuant to
(e) A deduction pursuant to
(f) An amount the Director considers reasonable to paythe balance of any fee imposed upon the offender for genetic marker testing andincluded in the judgment entered against the offender pursuant to
(g) An amount determined by the Director for deposit ina savings account for the offender, in which interest on the money depositeddoes not accrue, to be used for the payment of the expenses of the offenderrelated to his release, or if the offender dies before his release, to defrayexpenses related to arrangements for his funeral.
The Directorshall determine the priority of any other deduction authorized by law from thewages 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;
NRS
(Added to NRS by 1977, 853)
NRS
1. The Director shall not assign any prisoner to aninstitution or facility of minimum security if the prisoner:
(a) Except as otherwise provided in
(b) Has recently committed a serious infraction of therules of an institution or facility of the Department;
(c) Has not performed the duties assigned to him in afaithful and orderly manner;
(d) Has been convicted of a sexual offense;
(e) Has committed an act of serious violence during theprevious year; or
(f) Has attempted to escape or has escaped from aninstitution of the Department.
2. The Director shall, by regulation, establishprocedures for classifying and selecting qualified prisoners.
(Added to NRS by 1977, 1058; A 1981, 341; 1991, 218;
INDUSTRIAL AND AGRICULTURAL PROGRAMS
NRS
(Added to NRS by 1987, 1021; A 1993, 1521)
NRS209.4817
1. The Committee on Industrial Programs is herebycreated.
2. The Committee on Industrial Programs consists ofthe Director of the Department, the Chief of the Purchasing Division of theDepartment of Administration and eight members appointed by the Interim FinanceCommittee as follows:
(a) Two members of the Senate.
(b) Two members of the Assembly.
(c) Two persons who represent manufacturing in thisstate.
(d) One person who represents business in this state.
(e) One person who represents organized labor in thisstate.
3. The members of the Committee on Industrial Programsshall select a Chairman from among their membership.
4. Each member of the Committee on Industrial Programsappointed by the Interim Finance Committee must be appointed to a term of 2years and may be reappointed.
5. Except during a regular or special session of theLegislature, each Legislator who is a member of the Committee on IndustrialPrograms is entitled to receive the compensation provided for a majority of themembers of the Legislature during the first 60 days of the preceding regularsession for each day or portion of a day during which he attends a meeting ofthe Committee on Industrial Programs or is otherwise engaged in the work of theCommittee on Industrial Programs. Each nonlegislative member appointed by theInterim Finance Committee is entitled to receive compensation for his serviceon the committee on industrial programs in the same amount and manner as thelegislative members whether or not the Legislature is in session. Eachnonlegislative member of the Committee on Industrial Programs is entitled toreceive the per diem allowance and travel expenses provided for state officersand employees generally. Each Legislator who is a member of the Committee onIndustrial Programs is entitled to receive the per diem allowance provided forstate officers and employees generally and the travel expenses providedpursuant to NRS 218.2207. Allcompensation, allowances and travel expenses must be paid from the Fund forPrison Industries.
(Added to NRS by
NRS
1. The Committee on Industrial Programs shall:
(a) Be informed on issues and developments relating toindustrial programs for correctional institutions;
(b) Submit a semiannual report to the Interim FinanceCommittee before July 1 and December 1 of each year on the status of currentand proposed industrial programs for correctional institutions;
(c) Report to the Legislature on any other matterrelating to industrial programs for correctional institutions that it deemsappropriate;
(d) Meet at least quarterly and at the call of theChairman to review the operation of current and proposed industrial programs;
(e) Recommend three persons to the Director forappointment as the Assistant Director for Industrial Programs whenever avacancy exists;
(f) Before any new industrial program is established bythe Director in an institution of the Department, review the proposed programfor compliance with the requirements of subsections 2, 3 and 4 of
(g) Review each industry program established pursuantto subsection 2 of NRS 209.461 todetermine whether the program is operating profitably within 3 years after itsestablishment. If the Committee on Industrial Programs determines that aprogram is not operating profitably within 3 years after its establishment, theCommittee on Industrial Programs shall report its finding to the Director witha recommendation regarding whether the program should be continued orterminated.
2. Upon the request of the Committee on IndustrialPrograms, the Director and the Assistant Director for Industrial Programs shallprovide to the Committee on Industrial Programs any information the Committeeon Industrial Programs determines is relevant to the performance of the dutiesof the Committee on Industrial Programs.
(Added to NRS by
RESTITUTION TO VICTIMS
NRS
1. With the approval of the Board, establish centersto house offenders within a community so they may work to earn wages with whichto 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 educationalrelease program.
(b) An offender who has been paroled if such a requestis made by the Division of Parole and Probation of the Department of PublicSafety.
(Added to NRS by 1981, 615; A 1983, 385; 1993, 1521;
NRS
1. The offender requests the assignment;
2. The Director determines that the offender issuitable for the assignment;
3. The court set an amount of restitution pursuant to
4. The offender makes an assignment to the Departmentof his wages earned while at the center.
(Added to NRS by 1981, 615; A 1989, 678)
NRS
(Added to NRS by 1981, 616; A 1983, 385; 1985, 591)
NRS
1. To make restitution payments:
(a) To the victims of any crime for which the offenderis incarcerated and for which an amount of restitution was set pursuant to
(b) For expenses related to extradition in accordancewith NRS 179.225;
2. To reimburse the Department in part for its costsin providing the offender housing, transportation, meals and medical and dentalservices at the center, if applicable; and
3. For his own account to the Prisoners Personal PropertyFund.
Theagreement must contain a schedule of restitution payments to be made to allvictims of crimes for which the offender is incarcerated and for which anamount of restitution was set pursuant to NRS176.033. The payments may be made subject to such terms as the Directorconsiders advisable.
(Added to NRS by 1981, 616; A 1985, 591, 1898; 1989,678, 1130; 1993, 936)
NRS
1. The Director shall arrange for all earnings of anoffender assigned to a center to be paid directly from the employer of theoffender 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
(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
(2) Distribute any amount required by theschedule of restitution payments; and
(3) Deposit any remainder to the offendersaccount in the prisoners personal property fund,
in thatorder or priority.
(Added to NRS by 1981, 617; A 1983, 385; 1985, 592;1989, 1130)
NRS
1. When the offender is released from prison, exceptthat the payments may be continued as a condition of parole; or
2. When the victim has received the full amount set bythe court pursuant to NRS 176.033,
whicheveroccurs first.
(Added to NRS by 1981, 617; A 1985, 1898; 1989, 679;1993, 149)
PROGRAMS OF REENTRY INTO COMMUNITY
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. A judicial district may establish a judicialprogram for reentry of offenders and parolees into the community pursuant tothis section.
2. If a judicial district establishes a judicialprogram pursuant to this section, the reentry court shall:
(a) Determine whether offenders who are referred by theDirector pursuant to NRS 209.4886should be assigned to the custody of the Division to participate in a judicialprogram.
(b) Determine whether parolees who are referred by theChairman of the State Board of Parole Commissioners pursuant to
(c) Supervise offenders and parolees participating in thejudicial program during their participation in the judicial program.
3. An offender may not be assigned to the custody ofthe Division to participate in a judicial program unless the reentry courtgrants prior approval of the assignment pursuant to this section.
4. Except as otherwise provided in
(Added to NRS by
NRS
1. Except as otherwise provided in this section, if ajudicial program has been established in the judicial district in which anoffender was sentenced to imprisonment, the Director may, after consulting withthe Division, refer the offender to the reentry court if:
(a) The Director believes that the offender wouldparticipate successfully in and benefit from the judicial program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate invocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitutionto any victim of his crime; and
(c) The offender is within 2 years of his probablerelease from prison, as determined by the Director.
2. Except as otherwise provided in this section, ifthe Director is notified by the reentry court pursuant to
3. The Director shall, by regulation, adopt standardssetting forth which offenders are eligible to be assigned to the custody of theDivision to participate in the judicial program pursuant to this section. Thestandards adopted by the Director must be approved by the Board and mustprovide that an offender who:
(a) Has recently committed a serious infraction of therules of an institution or facility of the Department;
(b) Has not performed the duties assigned to him in afaithful and orderly manner;
(c) Has, within the immediately preceding 5 years, beenconvicted of any crime involving the use or threatened use of force or violenceagainst 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 orcorrectional institution for adults; or
(f) Has not made an effort in good faith to participatein or to complete any educational or vocational program or any program oftreatment, as ordered by the Director,
is noteligible for assignment to the custody of the Division pursuant to this sectionto participate in a judicial program.
4. The Director shall adopt regulations requiringoffenders who are assigned to the custody of the Division pursuant to thissection to reimburse the reentry court, the Division and the Department for thecost of their participation in a judicial program, to the extent of theirability to pay.
5. The reentry court may return the offender to thecustody of the Department at any time for any violation of the terms andconditions imposed by the reentry court.
6. If an offender assigned to the custody of theDivision pursuant to this section violates any of the terms or conditionsimposed 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 byhim before he was returned to the custody of the Department, as determined bythe Director. The Director may provide for a forfeiture of credits pursuant tothis subsection only after proof of the violation and notice is given to theoffender. The Director may restore credits so forfeited for such reasons as heconsiders proper. The decision of the Director regarding such a forfeiture isfinal.
7. The assignment of an offender to the custody of theDivision pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not arelease on parole; and
(b) For the purposes of
except thatthe offender is not entitled to obtain any benefits or to participate in anyprograms provided to offenders in the custody of the Department.
8. An offender does not have a right to be assigned tothe custody of the Division pursuant to this section, or to remain in thatcustody after such an assignment. It is not intended that the establishment oroperation of a judicial program creates any right or interest in liberty orproperty or establishes a basis for any cause of action against the State ofNevada, its political subdivisions, agencies, boards, commissions, departments,officers or employees.
(Added to NRS by
NRS
1. The Director may establish a correctional programfor reentry of offenders and parolees into the community pursuant to thissection.
2. If the Director establishes a correctional programpursuant to this section, the Director shall:
(a) Determine whether offenders in the custody of theDepartment are suitable to participate in a correctional program.
(b) Determine whether parolees who are referred by theChairman of the State Board of Parole Commissioners pursuant to
(c) Request that the Chairman of the State Board of ParoleCommissioners assign to a correctional program offenders and paroleesdetermined by the Director to be suitable to participate in a correctionalprogram, under the terms and conditions agreed upon by the Director and theChairman, including, if appropriate, supervision of the offenders and paroleesby the Division during their participation in the correctional program.
3. An offender or parolee may not be assigned to thecustody of the Division to participate in a correctional program unless the Directorgrants prior approval of the assignment pursuant to this section.
(Added to NRS by
NRS
1. Except as otherwise provided in this section, if acorrectional program has been established by the Director in the county inwhich an offender was sentenced to imprisonment, the Director may, afterconsulting with the Division, determine that an offender is suitable toparticipate in the correctional program if:
(a) The Director believes that the offender would participatesuccessfully in and benefit from the correctional program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate invocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitutionto any victim of his crime; and
(c) The offender is within 2 years of his probablerelease from prison, as determined by the Director.
2. Except as otherwise provided in this section, ifthe Director determines that an offender is suitable to participate in thecorrectional program, the Director shall request that the Chairman of the StateBoard of Parole Commissioners assign the offender to the custody of theDivision to participate in the correctional program. The Chairman may assign theoffender to the custody of the Division to participate in the correctionalprogram for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standardssetting forth which offenders are suitable to participate in the correctionalprogram pursuant to this section. The standards adopted by the Director must beapproved by the Board and must provide that an offender who:
(a) Has recently committed a serious infraction of therules of an institution or facility of the Department;
(b) Has not performed the duties assigned to him in afaithful and orderly manner;
(c) Has, within the immediately preceding 5 years, beenconvicted of any crime involving the use or threatened use of force or violenceagainst 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 orcorrectional institution for adults; or
(f) Has not made an effort in good faith to participatein or to complete any educational or vocational program or any program oftreatment, as ordered by the Director,
is noteligible for assignment to the custody of the Division pursuant to this sectionto participate in a correctional program.
4. The Director shall adopt regulations requiringoffenders who are assigned to the custody of the Division pursuant to thissection to reimburse the Division and the Department for the cost of theirparticipation in a correctional program, to the extent of their ability to pay.
5. The Director may return the offender to the custodyof the Department at any time for any violation of the terms and conditionsagreed upon by the Director and the Chairman.
6. If an offender assigned to the custody of theDivision pursuant to this section violates any of the terms or conditionsagreed upon by the Director and the Chairman and is returned to the custody ofthe Department, the offender forfeits all or part of the credits for goodbehavior 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 ofcredits pursuant to this subsection only after proof of the violation and noticeis given to the offender. The Director may restore credits so forfeited forsuch reasons as he considers proper. The decision of the Director regardingsuch a forfeiture is final.
7. The assignment of an offender to the custody of theDivision pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a releaseon parole; and
(b) For the purposes of
except thatthe offender is not entitled to obtain any benefits or to participate in anyprograms provided to offenders in the custody of the Department.
8. An offender does not have a right to be assigned tothe custody of the Division pursuant to this section, or to remain in thatcustody after such an assignment. It is not intended that the establishment oroperation of a correctional program creates any right or interest in liberty orproperty or establishes a basis for any cause of action against the State ofNevada, its political subdivisions, agencies, boards, commissions, departments,officers or employees.
(Added to NRS by
NRS
1. The Director may, after consulting with theDivision, enter into one or more contracts with one or more public or privateentities to provide any of the following services, as necessary andappropriate, to offenders or parolees participating in a correctional orjudicial program:
(a) Transitional housing;
(b) Treatment pertaining to substance abuse or mentalhealth;
(c) Training in life skills;
(d) Vocational rehabilitation and job skills training;and
(e) Any other services required by offenders orparolees who are participating in a correctional or judicial program.
2. The Director shall, as necessary and appropriate, providereferrals and information regarding:
(a) Any of the services provided pursuant to subsection1;
(b) Access and availability of any appropriateself-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 provisionsof this section.
4. As used in this section, training in life skillsincludes, 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
RELEASE OR ESCAPE OF OFFENDER
NRS
1. Continues to be in the legal custody of theDirector during the offenders absence from an institution.
2. Is considered within the confines of theinstitution for these purposes, and is subject to all provisions of lawpertaining to his confinement, regardless of the location of his assignment.
(Added to NRS by 1977, 853)
NRS
1. The Director may grant temporary furloughsconsistent 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 deemedappropriate 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 thepossibility of parole.
(2) Imprisoned for violations of
(c) Must not be granted to an offender who isimprisoned for committing a battery which constitutes domestic violencepursuant to NRS 33.018, unless the Directormakes a finding that the offender is not likely to pose a threat to the victimof the battery.
3. The Director shall notify appropriate lawenforcement authorities in the affected county or city to anticipate thearrival of the offender within their jurisdiction and inform them of the dateand time of the offenders arrival, the reason the furlough was granted, thetime when the furlough expires and any other pertinent information which theDirector deems appropriate.
4. The Director with the approval of the Board shalladopt regulations for administering the provisions of this section andgoverning the conduct of offenders granted a furlough.
(Added to NRS by 1977, 853; A 1997, 1816)
NRS
1. When an offender is released from prison byexpiration 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 offenders economic need as determined bythe Director;
(b) Shall give him notice of the provisions of
(c) Shall require him to sign an acknowledgment of thenotice required in paragraph (b);
(d) Shall give him notice of the provisions of
(e) May provide him with clothing suitable forreentering society;
(f) May provide him with the cost of transportation tohis place of residence anywhere within the continental United States, or to theplace of his conviction;
(g) May, but is not required to, release him to afacility for transitional living for released offenders that is licensedpursuant to chapter 449 of NRS; and
(h) Shall require him to submit to at least one testfor 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 theState General Fund for the use of the Department as other claims against theState are paid to the extent that the costs have not been paid in accordancewith subsection 5 of NRS 209.221 and
3. As used in this section, facility for transitionalliving for released offenders has the meaning ascribed to it in
(Added to NRS by 1977, 853; A 1979, 921; 1983, 725;1987, 1474; 1991, 72; 1993, 7; 1995, 365;
NRS
1. If a victim of an offender provides his currentaddress to the Director and makes a written request for notification of theoffenders release or escape, the Director shall notify the victim if theoffender:
(a) Will be released into the community for the purposeof employment, training or education, or for any other purpose for whichrelease is authorized; or
(b) Has escaped from the custody of the Department.
2. An offender must not be temporarily released intothe community for any purpose unless notification of the release has been givento every victim of the offender who has requested notification and has providedhis current address.
3. The Director may not be held responsible for anyinjury proximately caused by his failure to give any notice required pursuantto subsection 1 or 2 if no address was provided to the Director or the addressprovided is inaccurate or not current.
4. All personal information, including, but notlimited to, a current or former address, which pertains to a victim and whichis received by the Director pursuant to this section is confidential.
5. As used in this section, victim has the meaningascribed to it in NRS 213.005.
(Added to NRS by 1985, 2098; A 1997, 3244;
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
