Nev. Rev. Stat. ch. 209 – Department of Corrections | Midpage

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Nevada Revised Statutes

Chapter 209

Nev. Rev. Stat. ch. 209

Department of Corrections

209.011Definitions 209.021“Board” defined 209.031“Classification” defined 209.041“Custody” defined 209.051“Department” defined 209.061“Director” defined 209.062Disciplinary segregation” defined 209.065“Facility” defined 209.067Gender non-binary” defined 209.068Gender non-conforming” defined 209.069General population” defined 209.071“Institution” defined 209.072Intersex” defined 209.075“Manager” defined 209.077“Medical Director” defined 209.081“Offender” defined 209.083“Private facility or institution” defined 209.084Serious mental illness or other significant mental impairment” defined 209.0843Solitary confinement” defined 209.0847Transgender” defined 209.085“Warden” defined 209.101Department created; Board of State Prison Commissioners 209.111Powers and duties of Board 209.111Powers and duties of Board 209.116Board to adopt regulations establishing maximum number of prisoners who may be incarcerated in private facility or institution 209.121Director: Appointment; qualifications; salary; other employment prohibited 209.131Director: General duties 209.1315Director: Training of correctional staff 209.132Director: Delegation of power, duty or function 209.134Director: Submission to county clerk of list of offenders released from prison or discharged from parole 209.136Director: Notification of Legislature regarding certain matters 209.141Agreements with governmental agencies and private organizations 209.151Deputy directors: Appointment; duties; other employment prohibited 209.153Deputy Director for Industrial Programs: Retirement benefits 209.161Wardens of institutions: Appointment; duties 209.181Officers and employees residing at institution or facility: Charges and perquisites; notice to Legislature 209.183Travel expenses authorized for certain employees at specified correctional centers and conservation camps; exceptions 209.189Fund for Prison Industries 209.192Fund for New Construction of Facilities for Prison Industries 209.194Silver State Industries Endowment Fund 209.221Offenders’ Store Fund; statement of offender’s financial situation; criminal penalties relating to concealment of assets and provision of false or misleading financial information 209.225Investment and disbursement of interest and income of Offenders’ Store Fund 209.229Operation of vending machines in visitors’ areas; profits from operation to be deposited in Offenders’ Store Fund 209.231Deposit of money received from operation of conservation camp into Division of Forestry Account; powers and duties of State Forester Firewarden 209.234Regulations governing personal property of offenders 209.235Regulations governing operation of commissary in institution or facility 209.239Adoption of policy by warden or manager concerning personal property of offenders 209.241Safekeeping of money and valuables of offenders: Prisoners’ Personal Property Fund; duties of Director; withdrawals by offenders; monthly statement; disbursement of interest and income; penalties; exemptions 209.243Administrative claim by prisoner for loss of personal property, property damage, personal injuries or other claims; regulations 209.244Attorney General may establish program for mediating complaints from offenders; duties 209.2445Office of the Ombudsperson for Offenders: Establishment; appointment of Ombudsperson; powers and duties of Ombudsperson; funding; access to information 209.246Deductions from individual account of offender 209.247Deductions from individual account of offender: Limitation on deductions; order of priority 209.2473Regulations regarding deductions 209.2475Deductions from individual account of offender: Limitations; disposition of remaining money upon release of offender; reduction or elimination; transmittal 209.248Account for disbursements to offenders: Establishment; use; reimbursement 209.249Package program for offenders: Establishment; prohibition on participation 209.251Books and papers kept by Board or Director: Inspection; delivery to successors 209.253Treatment of offenders with human immunodeficiency virus 209.254Department to provide list of persons eligible for parole 209.261Transportation of offender to appropriate institution or facility 209.273Unnecessary expense not allowed; offenders transported collectively 209.274Transportation of offender to appear before court 209.2745Payment for transportation of offender to appear as witness in action for small claims 209.276Reimbursement for transportation of witness in action by offender concerning civil rights 209.281Temporary interstate transportation 209.291Transfer of offenders: Within Department; to other governmental agencies; between United States and foreign country 209.293Transfer of offender to correctional institution of another state 209.301Transfer of minors to state facility for detention of children 209.311Transfer of persons detained in local facility to institution or facility of Department for safekeeping 209.321Transfer of offender for psychiatric observation or treatment 209.331Medical evaluation or treatment of offender outside institution or facility 209.341Director to establish system of initial classification and evaluation for offenders; assignment of offender to appropriate institution or facility of Department; administration of risk and needs assessment; validation study 209.345Director to establish system to track expenses related to housing youthful offenders; report regarding expenses tracked by system 209.351Director to establish system of ongoing classification and evaluation for offenders and to maintain records 209.3515Director may request or provide medical or mental health records of certain offenders 209.3517Director may apply for determination of eligibility for Medicaid on behalf of offender 209.352Director may establish system for offender management 209.353Department to collect and submit information regarding offenders to Central Repository for Nevada Records of Criminal History 209.354Department to monitor each private facility or institution which houses prisoners who are incarcerated pursuant to authority of another state; reimbursement for costs of such monitoring 209.356Director to establish program of regimental discipline 209.358Director to adopt regulations regarding offenders who are transgender, gender non-conforming, gender non-binary and intersex 209.361Director to adopt regulations and penalties for violations 209.362Adoption of policy for interactions between male correctional staff member and woman who is incarcerated; requirements of policy 209.365Director to establish program to prevent offenders from possessing or receiving certain publications 209.367Director to establish program for testing of offenders for use of alcohol and controlled substances 209.368Solitary confinement: Regulations 209.3683Solitary confinement: Limitation on placement of offender in solitary confinement; removal of offender from solitary confinement; rights and privileges of offender placed in solitary confinement 209.3685Solitary confinement: Continuation of placement of offender in solitary confinement; limitations; review of and individualized treatment plan for offender; removal of offender from solitary confinement upon request; report; recording of review; retention of certain documents 209.369Limitation on imposition of disciplinary segregation; placement in solitary confinement for safety of offender; procedure for imposition of disciplinary segregation; requirement for psychological evaluation; request for release; conditions of disciplinary segregation 209.371Corporal punishment and inhumane treatment prohibited 209.375Care of offender who is pregnant: Access to certain services required; adoption of certain policies concerning care of offenders who are pregnant required; regulations 209.376Care of offender who is pregnant: Limitations on use of restraints on offender who is in labor, delivering her baby or in the postpartum period; report 209.381Diet, housing and hygiene of offenders; medical and dental services of institutions and facilities 209.3813Access to prescription medication 209.3814Completion of medical release of information form by offender; notification of certain persons if offender is hospitalized for or diagnosed with critical medical condition 209.3815Autopsy of offenders 209.3817Care of women in custody: Completion of form at intake; access to certain services; provision of feminine hygiene products; regulations 209.382Chief Medical Officer to examine and report on medical and dental services, diet of offenders, sanitation and safety in institutions and facilities 209.3825Order by court affecting conditions of confinement of prisoner; Director entitled to notice and opportunity to be heard; exception 209.387Legislative findings and declarations regarding programs for education of offenders 209.389Board to establish programs for general education, vocational education and training and other rehabilitation 209.391Director to administer programs of education, training and rehabilitation, to establish programs for counseling, research, statistics and planning and to purchase textbooks 209.392Residential confinement: Duration; notification to victim; eligibility; violation of terms or conditions; status; restitution 209.3923Residential confinement or other appropriate supervision of certain older offenders: Eligibility; notification to victim; effect of violation of terms and conditions; status; restitution 209.3925Residential confinement or other appropriate supervision of offenders who are physically incapacitated or in ill health: Eligibility; request for medical release; duration; notice; notification to victim; effect of violation of terms or conditions; status; restitution 209.393Regulations regarding literacy of offenders 209.396Limitations on assignment of offender to industrial or vocational school; educational requirements for offender with developmental, learning or other disability 209.399Department to provide information and programming regarding financial planning and aid; assistance with Free Application for Federal Student Aid; report 209.401Director may establish facilities for offenders to live in community 209.403Establishment of transitional housing program; coordination with Division of Forestry of State Department of Conservation and Natural Resources; eligibility to participate in program 209.417Use of authorized telecommunications devices by offenders; regulations 209.419Interception of offender’s communications by telecommunications devices: Notice; exceptions 209.422Visitation of offenders: Regulations 209.423Visits and correspondence between offenders and others: Rights of offenders; warden or manager required to provide certain notice relating to denial of prospective visitor or cancellation of visit; regulations 209.42303Institution or facility required to provide offender with access to certain mail; procedure for exemption from requirement 209.42305Prisoner contact with child of prisoner; use of equipment for videoconference 209.4231Definitions 209.42315“Co-occurring disorder” defined 209.4232“Division” defined 209.4233“Program of aftercare” defined 209.42335“Program of treatment for offenders with substance use or co-occurring disorders” defined 209.4234“Substance use disorder” defined 209.4236Director to establish programs of treatment for offenders with substance use or co-occurring disorders 209.4237Program to evaluate offenders for participation in program of treatment for offenders with substance use or co-occurring disorders; assignment to participate in program of treatment 209.4238Programs of aftercare 209.4239Removal from program of treatment for offenders with substance use or co-occurring disorders or program of aftercare; Director may establish conditions, sanctions and incentives regarding participation; immunity 209.424Offenders excluded from participation 209.4242Director may contract with qualified persons 209.4244Report by Director to Legislature 209.4247Establishment of program; collaboration with Department of Human Services; eligibility to participate in program; participants not subject to discipline on certain bases 209.425Establishment of program; program to include rehabilitation, education and counseling; assignment of wages 209.427Assignment of offender to program; withdrawal of offender from program 209.429Director to assign offender to serve term of residential confinement under certain circumstances; notice to victim; effect of violating terms or conditions of residential confinement; status; restitution 209.4291Establishment of program; duties of Department; condition of participation in program 209.4293Court authorized to remand probation violator to program for supervision and to receive treatment for an alcohol or other substance use disorder or for a mental illness; eligibility for treatment 209.4295Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs 209.4297Release of probationer from supervision; completion of remaining or additional period of probation; revocation of probation 209.4299Submission of report concerning probationers participating in program 209.432Definitions 209.433Credits for offender sentenced on or before June 30, 1969 209.443Credits for offender sentenced after June 30, 1969, for crime committed before July 1, 1985 209.446Credits for offender sentenced for crime committed on or after July 1, 1985, but before July 17, 1997 209.4465Credits for offender sentenced for crime committed on or after July 17, 1997 209.447Credits for offender sentenced after June 30, 1991, for crime committed before July 1, 1985, and released on parole 209.4475Credits for offender on parole as of January 1, 2004, or released on parole on or after January 1, 2004 209.4477Credits for offender incarcerated during state of emergency due to communicable or infectious disease 209.448Credits for completion of program of treatment for an alcohol or other substance use disorder 209.449Credits for completion of vocational education and training or other program 209.4495Limitation on amount of credit offender may earn 209.451Forfeiture and restoration of credits 209.453Expedited resolution of challenge to computation of time served 209.457Program for operating conservation camps 209.459Employment of offenders: Report on potential impacts of new program; program for employment in services and manufacturing; submission of contract related to new program for approval 209.461Duties and powers of Director; requirements for programs for employment of offenders; prohibited types of vocational training, employment and businesses; determination of profit of program of employment; no right of offender to employment or minimum wage 209.4615Offender to obtain approval of Director for employment, contractual activity or business activity; private employment of offender 209.462Director to provide secure facility for production of license plates 209.463Deductions from wages earned by offender during incarceration; limitation on deductions; priority of deductions 209.471Offender may be allowed to participate in program beneficial to community 209.481Assignment of offender to institution or facility of minimum security 209.4815Procedure for emergency purchase of supplies, materials or equipment 209.4818Interim Finance Committee: Duties relating to industrial programs 209.4827Centers to house offenders 209.4829Assignment of offender to center 209.4831Deduction from wages of offender for living expenses 209.4837Agreement for assignment and distribution of wages of offender; schedule of restitution 209.4841Distribution of earnings of offender 209.4843Termination of payments of restitution 209.4871Definitions 209.4872“Alternative correctional program” defined 209.4873“Correctional program” defined 209.4874“Division” defined 209.4877“Judicial program” defined 209.488“Reentry court” defined 209.4883Judicial program: Establishment; assignment of offenders; supervision of offenders 209.4886Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender 209.4887Correctional program: Establishment; assignment of offenders; restitution 209.4888Participation in correctional program: Suitability of offender; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender 209.48883Alternative correctional program: Establishment; assignment of offenders 209.48887Report concerning alternative correctional program 209.4889Powers and duties of Director: Contracting for certain services for offenders or parolees in correctional, alternative correctional or judicial program; providing referrals and information regarding services; applying for and accepting gifts and grants 209.492Status while participating in work or educational release program or other assignment 209.501Temporary furloughs 209.511Duties and authorized actions of Director relating to release of offenders from prison; medical debt owed to Department; payment of costs 209.517Notice to Department of Motor Vehicles when certain offenders have completed period of imprisonment or are placed on residential confinement 209.521Notification of victim of escape or release of offender