2005 Nevada Revised Statutes - Chapter 211 — Local Facilities for Detention
CHAPTER 211 - LOCAL FACILITIES FORDETENTION
COUNTY JAILS
NRS 211.010 Countyto maintain county jail; location; agreements for detention of prisoners.
NRS 211.020 Dutiesof county commissioners.
NRS 211.030 Sheriffis custodian of jail; appointment and compensation of jailers.
NRS 211.040 Transferof prisoners.
NRS 211.050 Forfeitureby sheriff or jailer who defrauds prisoner of allowance; action by board ofcounty commissioners.
NRS 211.060 Detentionof United States prisoners in county jails.
NRS 211.080 Prisonermay be removed to another jail: Procedure; costs.
BRANCH COUNTY JAILS
NRS 211.090 Branchcounty jails may be established; confinement of prisoners.
NRS 211.110 Jailermay be directed to work prisoners in branch jails on public roads.
OTHER FACILITIES
NRS 211.115 Appointmentof administrator.
MANAGEMENT OF PRISONERS
NRS 211.118 Publicworks defined.
NRS 211.120 Dutyto arrange for use of prisoners labor; establishment of program to releaseprisoners for work or education.
NRS 211.130 Prisonersdeemed sentenced to labor; exceptions; establishment of program for prisonersto exchange labor for confinement.
NRS 211.140 Controlof prisoners; when court may enter order affecting conditions of confinement ofprisoner; labor on public works; medical care of prisoners.
NRS 211.150 Punishmentfor disobedience or refusal to work; reports.
NRS 211.160 Prisonersto have guard; exceptions.
NRS 211.171 Exchangeof labor for confinement: Eligibility of prisoner; regulations for performanceof labor.
NRS 211.180 Exchangeof labor for confinement: Promise of prisoner to appear; penalty for violationof promise.
NRS 211.190 Exchangeof labor for confinement: Administrative fee.
NRS 211.200 Exchangeof labor for confinement: Return of prisoner to confinement for violation ofregulation.
NRS 211.210 Releasefor work or education: Application by prisoner; authority of administrator ofprogram.
NRS 211.220 Releasefor work or education: Activities which may be included; conditions ofemployment.
NRS 211.230 Releasefor work or education: Temporary release for other purposes.
NRS 211.240 Earlyrelease of prisoners to relieve overcrowding.
REIMBURSEMENT FROM PRISONERS
NRS 211.241 Definitions.
NRS 211.2411 Alternativeprogram defined.
NRS 211.2413 Prisonerdefined.
NRS 211.2415 Reimbursementfor expenses incurred by county or city.
NRS 211.242 Investigationof financial status of prisoner required; prisoner to complete form to be usedin investigation.
NRS 211.243 Listof prisoners and information related to their incarceration and financialstatus to be provided upon request.
NRS 211.244 Demandfor reimbursement; supervised community service to satisfy demand.
NRS 211.245 Civilaction against prisoner who fails to make payment when due; temporaryrestraining order to prevent disposition of prisoners property; priority ofpayments for existing obligations.
NRS 211.246 Prisonerwho refuses to cooperate in satisfying reimbursement may not receive reductionof term of imprisonment.
NRS 211.247 Informationand assistance in securing reimbursement to be provided.
NRS 211.248 Reimbursementsobtained to be credited to general fund of county or city.
NRS 211.249 Amountof reimbursement that may be sought from prisoner who served sentenceintermittently.
ELECTRONIC SUPERVISION OF PRISONERS
NRS 211.250 Prerequisitesfor electronic supervision.
NRS 211.260 Eligibilityof prisoners for electronic supervision and to participate in other programs.
NRS 211.270 Establishmentand violation of rules and conditions for electronic supervision.
NRS 211.280 Feesfor electronic supervision.
NRS 211.290 Contractingwith private firm to perform electronic supervision.
NRS 211.300 Electronicsupervision of unconvicted person detained before trial.
CREDITS ON TERM OF IMPRISONMENT
NRS 211.310 Creditsfor prisoner sentenced before October 1, 1991.
NRS 211.320 Creditsfor prisoner sentenced on or after October 1, 1991.
NRS 211.330 Creditsfor completion of educational program.
NRS 211.340 Creditsfor completion of program of treatment for abuse of alcohol or drugs.
MISCELLANEOUS PROVISIONS
NRS 211.350 Serviceof intermittent sentence: Administrative fee; conditions.
NRS 211.360 Establishmentand operation of commissary.
NRS 211.370 Takingcustody of prisoner for whom outstanding warrant for arrest by another lawenforcement agency exists; payment of costs.
NRS 211.380 Safekeepingof prisoners money and valuables: Deposit of money in trust fund; duties ofsheriff; interest and income earned on money in fund.
NRS 211.390 Safekeepingof prisoners money and valuables: Reasonable deduction to pay for propertydamaged or destroyed by prisoner; notice and hearing.
_________
COUNTY JAILS
NRS
1. Except as otherwise provided in subsection 2, atleast one county jail must be built or provided in each county, and maintainedin good repair at the expense of the county. The county jail required by thissection is not required to be located in conjunction with the office of thesheriff that is maintained at the county seat if the board of countycommissioners determines that a different location in the county would betterserve the needs of the county. Upon such a determination, the county jail maybe located at any place in the county.
2. The board of county commissioners of a county, withthe concurrence of the sheriff, may enter into an agreement with any othercounty or city in this state, in accordance with the provisions of
[1:21:1861; B 3799; BH 2137; C 2259; RL 7603;NCL 11520](NRS A 1977, 367; 1981, 646; 1991, 12;
NRS
1. Is responsible for building, inspecting andrepairing any county or branch county jail located in its county.
2. Once every 3 months, shall inquire into thesecurity of the jail and the treatment and condition of the prisoners.
3. Shall take all necessary precautions againstescape, sickness or infection.
[2:21:1861; B 3800; BH 2138; C 2260; RL 7604;NCL 11521](NRS A 1977, 367; 1981, 646)
NRS
1. The sheriff is the custodian of the jail in hiscounty, and of the prisoners therein, and shall keep the jail personally, or byhis deputy, or by a jailer or jailers appointed by him for that purpose, forwhose acts he is responsible.
2. All jailers employed or appointed by the sheriffare entitled to receive a fair and adequate monthly compensation, to be paidout of the county treasury, for their services.
[Part 3:21:1861; A 1862, 120; 1866, 189; B 3801; BH 2139; C 2261; RL 7605; NCL 11522] + [Part 4:21:1861; A 1866, 189; B 3802; BH 2140; C 2262; RL 7606; NCL 11523](NRS A 1977, 367; 1981, 647)
NRS
1. Payment of expenses and the method of transportinga prisoner from a county jail to an institution or facility of the Departmentof Corrections must be as provided in chapter 209of NRS. When a prisoner is transferred from the county jail to such aninstitution or facility, the sheriff shall provide the Director of the Departmentof Corrections with a written report pertaining to the medical, psychiatric, behavioralor criminal aspects of the prisoners history. This report may be based uponobservations of the prisoner while confined in the county jail and must note inparticular any medication or medical treatment administered in the jail,including the type, dosage and frequency of administration.
2. Except as provided in subsection 1, the sheriff,personally or by his deputy, or by one or more of his jailers, shall transferall prisoners within his county to whatever place of imprisonment the sentenceof the court may require, at as early a date after the sentence as practicable.For that purpose, the board of county commissioners shall pay all necessarycosts, charges and expenses of the prisoner or prisoners, and of the officer orofficers having charge thereof, to which must be added mileage for eachofficer, at the rate of 20 cents per mile, one way only.
3. The provisions of subsection 2 apply in cases whereprisoners are taken from county jails to be tried in any courts in othercounties.
[Part 4:21:1861; A 1866, 189; B 3802; BH 2140; C 2262; RL 7606; NCL 11523](NRS A 1973, 162; 1977, 367, 868; 1981, 647;1983, 725; 2001Special Session, 197)
NRS
[5:21:1861; B 3803; BH 2141; C 2263; RL 7607;NCL 11524](NRS A 1977, 368; 1981, 647)
NRS
1. A person may be committed under the authority of theUnited States to any county jail if a contract has been concluded between theUnited States and the sheriff of the county, upon payment of:
(a) All actual and reasonably necessary costs of hisconfinement, including the direct cost of his support and an allocated share ofthe cost of maintaining the jail and guarding the prisoners, as compensation tothe county for the use of the jail; and
(b) All legal fees of the jailer.
2. The sheriff shall receive such prisoners, andsubject them to the same employment, discipline and treatment, and be liablefor any neglect of duty as in the case of other prisoners, but the county isnot liable for any escape.
[8:21:1861; A 1909, 141; RL 7610; NCL 11527](NRSA 1977, 217; 1981, 1562)
NRS
1. If for any sufficient cause, any sheriff thinks itexpedient that any prisoner be removed from the jail in his county, uponconsent of the sheriff or his duly authorized representative of any other countywithin the State, the sheriff of such other county may permit such prisoner tobe removed to the jail in his county, to be detained there in the same mannerand by the same process as in the jail from where such prisoner was removed,until remanded back by a similar process or discharged according to law.
2. All expenses of removing and maintaining prisonersincurred under subsection 1 shall be defrayed by the county from which theywere so removed.
[10:21:1861; B 3808; BH 2146; C 2268; RL 7612; NCL 11529] + [11:21:1861; B 3809; BH 2147; C 2269; RL 7613; NCL 11530](NRS A 1973, 734)
BRANCH COUNTY JAILS
NRS
1. A board of county commissioners may establish abranch county jail in any township in the county except the township where thecounty jail required by NRS 211.010 islocated, if in its judgment the public needs require it, and provide thatpersons charged with or convicted of a misdemeanor in the township in which abranch county jail is located may be imprisoned in the branch county jailinstead of in the county jail.
2. Any judge or justice of the peace before whom aconviction may be had may order that a prisoner be imprisoned in the countyjail of the county wherein the conviction may be had if the public safety orthe safety of the prisoner requires it.
[1:136:1907; RL 7614; NCL 11531](NRS A 1977,368; 1981, 372, 647; 2001,473)
NRS
[3:136:1907; RL 7616; NCL 11533](NRS A 1977,368; 1981, 372, 648)
OTHER FACILITIES
NRS
1. Establish a department of detention and may appointa person to administer the detention facilities; or
2. Appoint a person to administer its jail.
(Added to NRS by 1981, 646; A 1985, 1894; 1989, 1176;1993, 2528)
MANAGEMENT OF PRISONERS
NRS
(Added to NRS by 1991, 306)
NRS
1. The board of county commissioners and the governingbody of an incorporated city, shall make all necessary arrangements, asprovided in NRS 211.120 to
2. A sheriff, chief of police or town marshal mayestablish a program to release prisoners from his jail for work or education.The program must:
(a) Provide for thorough screening of prisoners forinclusion in the program;
(b) Be limited to prisoners who have been sentenced;and
(c) Require that each prisoner who participates in theprogram reimburse the county, city or town in whole or in part, according tohis ability to pay, for his room and board during the time he participates inthe program.
3. The administrator of such a program must be,respectively, the sheriff, the chief of police, the town marshal or hisdesignee.
[1:96:1879; BH 2149; C 2271; RL 7617; NCL 11534](NRS A 1977, 369; 1981, 648, 1562; 1991, 151)
NRS
1. Except as otherwise provided in subsection 2, allprisoners sentenced by the judge of any district court, or by the justice ofthe peace of any Justice Court, and sentenced to a term of imprisonment in anycounty, city or town jail or detention facility shall be deemed to have beenalso sentenced to labor during such term, unless the judge or justice of thepeace sentencing the prisoner, for good cause, orders otherwise.
2. A board of county commissioners or the governingbody of a city may authorize the sheriff or chief of police of the municipalityto establish a program pursuant to NRS211.171 to 211.200, inclusive, forthe voluntary exchange by a prisoner sentenced to confinement in a jail ordetention facility of 10 hours of labor on public works for 1 day of physicalconfinement, unless the sentencing court has otherwise ordered in a particularcase or has restricted the prisoners eligibility.
[2:96:1879; BH 2150; C 2272; RL 7618; NCL 11535](NRS A 1989, 1176; 1991, 306)
NRS
1. The sheriff of each county has charge and controlover all prisoners committed to his care in the respective county jails, andthe chiefs of police and town marshals in the several cities and townsthroughout this State have charge and control over all prisoners committed totheir respective city and town jails and detention facilities.
2. A court shall not, at the request of any prisonerin a county, city or town jail, issue an order which affects the conditions ofconfinement of the prisoner unless, except as otherwise provided in thissubsection, the court provides the sheriff, chief of police or town marshalhaving control over the prisoner with:
(a) Sufficient prior notice of the courts intention toenter the order. Notice by the court is not necessary if the prisoner has filedan action with the court challenging his conditions of confinement and hasserved a copy of the action on the sheriff, chief of police or town marshal.
(b) An opportunity to be heard on the issue.
As used inthis subsection, conditions of confinement includes, but is not limited to, aprisoners access to the law library, privileges regarding visitation and theuse of the telephone, the type of meals provided to the prisoner and theprovision of medical care in situations which are not emergencies.
3. The sheriffs, chiefs of police and town marshalsshall see that the prisoners under their care are kept at labor for reasonableamounts of time within the jail or detention facility, on public works in thecounty, city or town, or as part of a program of release for work establishedpursuant to NRS 211.120 or
4. The sheriff, chief of police or town marshal shallarrange for the administration of medical care required by prisoners while inhis custody. The county, city or town shall pay the cost of appropriatemedical:
(a) Treatment provided to a prisoner while in custodyfor injuries incurred by a prisoner while he is in custody and for injuriesincurred during his arrest for commission of a public offense if he is notconvicted of that offense;
(b) Treatment provided to a prisoner while in custodyfor any infectious, contagious or communicable disease which the prisonercontracts while he is in custody; and
(c) Examinations required by law or by court orderconducted while the prisoner is in custody unless the order otherwise provides.
5. A prisoner shall pay the cost of medical treatmentfor:
(a) Injuries incurred by the prisoner during hiscommission of a public offense or for injuries incurred during his arrest forcommission of a public offense if he is convicted of that offense;
(b) Injuries or illnesses which existed before theprisoner was taken into custody;
(c) Self-inflicted injuries; and
(d) Except treatment provided pursuant to subsection 4,any other injury or illness incurred by the prisoner.
6. A medical facility furnishing treatment pursuant tosubsection 5 shall attempt to collect the cost of the treatment from theprisoner or his insurance carrier. If the facility is unable to collect thecost and certifies to the appropriate board of county commissioners that it isunable to collect the cost of the medical treatment, the board of countycommissioners shall pay the cost of the medical treatment.
7. A sheriff, chief of police or town marshal whoarranges for the administration of medical care pursuant to this section mayattempt to collect from the prisoner or the insurance carrier of the prisonerthe cost of arranging for the administration of medical care including the costof any transportation of the prisoner for the purpose of medical care. Theprisoner shall obey the requests of, and fully cooperate with the sheriff,chief of police or town marshal in collecting the costs from the prisoner or hisinsurance carrier.
[3:96:1879; BH 2151; C 2273; RL 7619; NCL 11536](NRS A 1975, 1317; 1977, 369, 398; 1979, 463; 1981, 648, 1562; 1985,1756; 1989, 1176; 1991, 307; 1995, 840, 1709)
NRS
1. If a prisoner is disobedient or disorderly, or doesnot faithfully perform his tasks, the officers having charge of him may takeaction to discipline and punish him. The action may include confinement to anindividual cell separate from other prisoners for the protection of the staffof the jail and other prisoners. An officer who confines a prisoner to anindividual cell for any reason shall report his action as soon as possible to theperson in charge of the jail.
2. A report of the number of prisoners who areperforming work and the amount and type of work performed must be submitted tothe person in charge of the jail on the last day of each month.
[4:96:1879; BH 2152; C 2274; RL 7620; NCL 11537](NRS A 1981, 1563)
NRS
1. Except in accordance with criteria establishedpursuant to subsection 2 or as otherwise provided in
2. The responsible sheriff, chief of police or townmarshal shall establish criteria for determining whether, and to what extent,supervision is required for a prisoner who is assigned to work pursuant tosubsection 3 of NRS 211.140 or to
[5:96:1879; BH 2153; C 2275; RL 7621; NCL 11538](NRS A 1981, 1564; 1985, 385; 1991, 186, 308; 1995, 1710)
NRS
1. The sheriff or chief of police of the municipalityshall prescribe criteria of eligibility for the exchange of labor forconfinement. A prisoner is not eligible for another or continued exchange if hehas previously failed to perform satisfactorily labor as assigned or to complywith regulations governing assigned labor.
2. The sheriff or chief of police shall adoptreasonable regulations for the performance of assigned labor.
(Added to NRS by 1991, 306)
NRS
1. A prisoner who voluntarily exchanges labor forconfinement shall give his promise to appear for work by signing a notice toappear before the sheriff or chief of police of the municipality at a time andplace specified in the notice. The signed notice must be retained by thesheriff or chief of police and a copy given to the prisoner.
2. A prisoner who willfully violates his promise toappear is guilty of a misdemeanor.
(Added to NRS by 1991, 306)
NRS
(Added to NRS by 1991, 306)
NRS
(Added to NRS by 1991, 306)
NRS
1. A prisoner sentenced to the county, city or townjail may apply to participate in a program for release established pursuant to
2. If the administrator finds a prisoner suitable, hemay, unless the sentencing court has otherwise ordered in a particular case:
(a) Arrange for the prisoner to continue his regularemployment under specified conditions, or authorize him to seek employment orparticipate in a program of placement for work; or
(b) Permit him to continue his regular education or tosecure further education.
(Added to NRS by 1991, 150)
NRS
1. Employment may include the care of the prisonersown children during the day and education may include counseling for the abuseof alcohol or controlled substances, psychological counseling and vocationaltraining.
2. If the employment or a part of the education is forpay, the wage must be no less than the prevailing wage for similar work in thecommunity, and the conditions of work no less favorable. Employment or paidwork as part of education must not be performed in an establishment where alabor dispute is in progress, if the employment or paid work as education wouldprovide temporary or permanent replacements for other employees engaged in alabor dispute.
(Added to NRS by 1991, 150)
NRS
1. If he is injured during work or education, formedical treatment at his own expense or at the expense of the employer orindustrial insurance. Release pursuant to this subsection is not an assumptionof liability by the county for the treatment.
2. For no more than 72 hours:
(a) For other medical, dental or psychiatric care;
(b) For a personal or family emergency if severehardship would otherwise result; or
(c) For any other activity which the administratorconsiders may promote the prisoners successful return to the community,including attempts to secure housing, employment or education.
(Added to NRS by 1991, 150)
NRS
1. Except as otherwise provided in subsection 2, thesheriff with respect to a county jail, or the officer in charge with respect toa city jail, may apply to the chief judge of the judicial district forauthority to release prisoners pursuant to the provisions of this section.After considering the application, the chief judge may enter an orderconsistent with the provisions of this section granting authority to releaseprisoners in the manner set forth in the order. The duration of this authority,if granted, must not exceed 30 days.
2. In a county in which there is not a city jail, thesheriff may apply to the chief judge of the judicial district for authority torelease prisoners pursuant to the provisions of this section. Upon receipt ofsuch an application, the chief judge shall consult with a justice of the peacedesignated by the justices of the peace for the county and a judge designatedby the municipal courts for the county. After the consultation, the chief judgemay enter an order consistent with the provisions of this section grantingauthority to release prisoners in the manner set forth in the order. The durationof this authority, if granted, must not exceed 30 days.
3. At any time within the duration of an authoritygranted when the number of prisoners exceeds the number of beds available inthe jail, the sheriff or other officer in charge may release the lesser of:
(a) The number of prisoners eligible under this section;or
(b) The difference between the number of prisoners andthe number of beds.
4. A prisoner is eligible for release only if:
(a) He has served at least 75 percent of his sentence;
(b) He is notserving a sentence for a crime for which a mandatory sentence is required bystatute;
(c) He is notserving a sentence for a crime which involved an act of violence; and
(d) He does notpose a danger to the community.
5. Among prisoners eligible, priority must be given tothose whose expiration of sentence or other release is closest.
6. A prisoner released pursuant to this section may berequired to remain on residential confinement for the remainder of his sentenceor may be required to participate in another alternative program ofsupervision.
(Added to NRS by 1991, 151; A
REIMBURSEMENT FROM PRISONERS
NRS
(Added to NRS by 1995, 837; A
NRS
(Added to NRS by
NRS
1. Sentenced to a term of imprisonment in a county orcity jail or detention facility, including a person sentenced as a condition ofprobation, but not including a person committed to a county jail pursuant to
2. Assigned to an alternative program.
(Added to NRS by
NRS
1. A board of county commissioners or the governingbody of an incorporated city may seek reimbursement from a nonindigent prisonerfor expenses incurred by the county or city for:
(a) The maintenance and support of the prisoner in acounty or city jail or detention facility to which the prisoner has beenassigned, including expenses incurred during a period of pretrial detention iftime served during the pretrial detention is credited by the court against anysentence imposed; or
(b) The administration of an alternative program towhich the prisoner has been assigned, including, without limitation, the costsof supervising the prisoner in the program.
2. The amount of reimbursement sought by a county orcity pursuant to paragraph (a) of subsection 1 must not exceed the actual costper day for the maintenance and support of the prisoner and may include,without limitation, the costs of providing heating, air-conditioning, food,clothing, bedding and medical care to a prisoner.
(Added to NRS by 1995, 837; A
NRS
1. Before a board of county commissioners or thegoverning body of an incorporated city may request reimbursement from aprisoner, the board or governing body must conduct an investigation of thefinancial status of the prisoner.
2. For the purpose of determining the financial statusof a prisoner, the board or governing body shall require the prisoner tocomplete and sign a form under penalty of perjury. The form must containprovisions for determining:
(a) The age, sex and marital status of the prisoner;
(b) The number and ages of the children or otherdependents of the prisoner; and
(c) The type and value of any real estate, personalproperty, investments, pensions, annuities, bank accounts, cash or otherproperty of value owned or possessed by the prisoner.
(Added to NRS by 1995, 838)
NRS
1. The name of each prisoner currently serving a termof imprisonment in the county or city jail or detention facility, or currentlyassigned to an alternative program;
2. The length of the term of imprisonment orassignment to an alternative program of each prisoner, including the number ofdays served during a period of pretrial detention, if any;
3. The date of admission of each prisoner; and
4. All available information concerning the financialstatus of each prisoner.
(Added to NRS by 1995, 838; A
NRS
1. At any time after the conviction of a prisoner, andafter the financial status of the prisoner has been determined or the prisonerhas refused or failed to complete and sign the form required by
2. Except as otherwise provided in subsection 3, theprisoner shall pay the total amount due when the written demand is issued. Theprisoner may arrange to make payments on a monthly basis. If such arrangementsare made, the prisoner must be provided with a monthly billing statement whichspecifies the date on which his next payment is due.
3. A court may order a prisoner to perform supervisedcommunity service to satisfy the written demand for reimbursement. Each hour ofcommunity service performed by the prisoner reduces the amount he owes by $8.If the prisoner does not satisfy the written demand for reimbursement withinthe time set by the court, the district attorney for a county or the cityattorney for an incorporated city may file a civil action pursuant to
(Added to NRS by 1995, 838; A
NRS
1. If a prisoner fails to make a payment within 10days after it is due, the district attorney for a county or the city attorneyfor an incorporated city may file a civil action in any court of competentjurisdiction within this state seeking recovery of:
(a) The amount of reimbursement due;
(b) Costs incurred in conducting an investigation ofthe financial status of the prisoner; and
(c) Attorneys fees and costs.
2. A civil action brought pursuant to this sectionmust:
(a) Be instituted in the name of the county or city inwhich the jail, detention facility or alternative program is located;
(b) Indicate the date and place of sentencing, including,without limitation, the name of the court which imposed the sentence;
(c) Include the record of judgment of conviction, ifavailable;
(d) Indicate the length of time served by the prisonerand, if he has been released, the date of his release; and
(e) Indicate the amount of reimbursement that theprisoner owes to the county or city.
3. The county or city treasurer of the county orincorporated city in which a prisoner is or was confined shall determine theamount of reimbursement that the prisoner owes to the city or county. Thecounty or city treasurer may render a sworn statement indicating the amount ofreimbursement that the prisoner owes and submit the statement in support of acivil action brought pursuant to this section. Such a statement is prima facieevidence of the amount due.
4. A court in a civil action brought pursuant to thissection may award a money judgment in favor of the county or city in whose namethe action was brought.
5. If necessary to prevent the disposition of the prisonersproperty by the prisoner, or his spouse or agent, a county or city may file amotion for a temporary restraining order. The court may, without a hearing,issue ex parte orders restraining any person from transferring, encumbering,hypothecating, concealing or in any way disposing of any property of theprisoner, real or personal, whether community or separate, except for necessaryliving expenses.
6. The payment, pursuant to a judicial order, ofexisting obligations for:
(a) Child support or alimony;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paidpursuant to NRS 62E.270,
has priorityover the payment of a judgment entered pursuant to this section.
(Added to NRS by 1995, 839; A
NRS
1. A prisoner who is or was sentenced to a term ofimprisonment in a county or city jail or detention facility or to analternative program shall cooperate with the board of county commissioners orthe governing body of an incorporated city in satisfying the reimbursementsought by the board or body pursuant to the provisions of
2. A prisoner who willfully refuses to cooperate withthe requirement of NRS 211.242 may notreceive a reduction of or a credit on his term of imprisonment under anyprovision of this chapter.
(Added to NRS by 1995, 839; A
NRS
(Added to NRS by 1995, 840; A
NRS
1. In accordance with a contractual agreement, thecounty or city was paid by another governmental entity for expenses related tomaintaining and supporting a prisoner; and
2. The prisoner reimburses the county or city forthose expenses pursuant to NRS 211.241to 211.249, inclusive,
the countyor city shall reimburse the governmental entity for its payment to the extentof the amount received from the prisoner.
(Added to NRS by 1995, 840)
NRS
(Added to NRS by 1995, 840)
ELECTRONIC SUPERVISION OF PRISONERS
NRS
1. The prisoner has a residential living situationwhich is capable of meeting the standards set in the general rules andindividual conditions for electronic supervision; and
2. The sheriff or chief of police concludes thatelectronic supervision poses no unreasonable risk to public safety.
(Added to NRS by 1991, 186)
NRS
1. A prisoner need not be employed, be eligible forrelease for work under NRS 211.120, orparticipate in an educational program to be eligible for electronic supervision.
2. A prisoner who is electronically supervised iseligible for employment, release for work, and educational programs upon thesame conditions as a prisoner physically confined.
(Added to NRS by 1991, 186)
NRS
(Added to NRS by 1991, 186)
NRS
(Added to NRS by 1991, 186)
NRS
(Added to NRS by 1991, 186)
NRS
(Added to NRS by 1991, 186)
CREDITS ON TERM OF IMPRISONMENT
NRS
1. For each month in which a prisoner who is sentencedto a term of imprisonment in a local detention facility before October 1, 1991:
(a) Appears by the reports required by
(b) Diligently performs his assigned work, the sheriffor chief of police may deduct:
(1) Not more than 10 additional days if hissentence is 270 days or more;
(2) Not more than 7 additional days if hissentence is 180 days or more but less than 270 days;
(3) Not more than 5 additional days if hissentence is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if hissentence is 15 days or more but less than 30 days; and
(5) No additional days if his sentence is lessthan 15 days.
2. Deductions earned under paragraph (a) of subsection1 for any period of time less than a month must be credited on a pro ratabasis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life;
(c) Intentionally disobeys a rule of the jail or failsto return from assigned work within an allotted time; or
(d) Intentionally disobeys a rule or individualcondition established pursuant to NRS211.270,
all or partof any deductions the prisoner has earned under this section may be forfeitedas the sheriff or chief of police determines.
4. Before any forfeiture under subsection 3 may occur,the prisoner must be given reasonable notice of the alleged misconduct forwhich the forfeiture is sought and an opportunity for a hearing on thatmisconduct.
[6:96:1879; BH 2154; C 2276; RL 7622; NCL 11539](NRS A 1979, 988; 1981, 1564; 1991, 102, 187, 308)(Substituted inrevision for NRS 211.170)
NRS
1. For each month in which a prisoner who is sentencedto a term of imprisonment in a local detention facility:
(a) Appears by the reports required by
(b) Diligently performs his assigned work, the sheriffor chief of police may deduct:
(1) Not more than 10 additional days if his termof imprisonment is 270 days or more;
(2) Not more than 7 additional days if his termof imprisonment is 180 days or more but less than 270 days;
(3) Not more than 5 additional days if his termof imprisonment is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if his termof imprisonment is 15 days or more but less than 30 days; and
(5) No additional days if his term ofimprisonment is less than 15 days.
2. Deductions earned under subsection 1 for any periodwhich is less than 1 month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life;
(c) Intentionally disobeys a rule of the facility orfails to return from assigned work within an allotted time; or
(d) Intentionally disobeys a rule or individualcondition established pursuant to NRS211.270,
all or partof any deductions the prisoner has earned under this section may be forfeitedas the sheriff or chief of police determines. Before any forfeiture may occur,the prisoner must be given reasonable notice of the alleged misconduct forwhich the forfeiture is sought and an opportunity for a hearing on thatmisconduct.
4. The provisions of this section apply to anyprisoner who is sentenced to a term of imprisonment in a local detentionfacility on or after October 1, 1991:
(a) Pursuant to a judgment of imprisonment or a fineand imprisonment; or
(b) For a definite period for contempt in anyproceeding which is not a criminal proceeding.
5. As used in this section, term of imprisonmentmeans the total number of days a prisoner is incarcerated in the facility,including, unless the court otherwise orders at his sentencing hearing, thetime he actually spent in confinement from the date of his arrest to the dateon which his sentence begins.
(Added to NRS by 1991, 101; A 1991, 187, 309)
NRS
1. In addition to the credits on a term ofimprisonment provided for in NRS 211.310,211.320 and
2. The provisions of this section apply to anyprisoner who is sentenced on or after October 1, 1991, to a term ofimprisonment of 90 days or more.
(Added to NRS by 1991, 102; A
NRS
1. In addition to the credits on a term ofimprisonment provided for in NRS 211.310,211.320 and
(a) Successfully completes a program of treatment forthe abuse of alcohol or drugs which is conducted jointly by the local detentionfacility in which he is incarcerated and a person who is licensed or certifiedas an alcohol and drug abuse counselor or certified as an alcohol and drugabuse counselor intern pursuant to chapter 641Cof NRS; and
(b) Is awarded a certificate evidencing his successful completionof the program.
2. The provisions of this section apply to anyprisoner who is sentenced on or after October 1, 1991, to a term ofimprisonment of 90 days or more.
(Added to NRS by 1991, 102; A 1993, 1522;
MISCELLANEOUS PROVISIONS
NRS
1. A board of county commissioners or the governingbody of an incorporated city may collect an administrative fee from eachprisoner, sentenced to confinement in a county or city jail or detentioncenter, including a prisoner sentenced as a condition of probation, whosesentence is served intermittently on days other than his regular days ofemployment. The amount of the fee must be set at $25 for each day served. A prisonerserving such a sentence shall pay toward the fee according to his ability topay.
2. The court, if it grants the application of adefendant to serve his sentence intermittently, shall:
(a) Establish the conditions of the intermittentsentence; and
(b) Direct whether the fee is to be paid weekly ormonthly. In either case, the fee must be paid for each period until thesentence has been served.
3. Fees received pursuant to this section must bedeposited in the county or city treasury for disposition according to theordinance establishing them.
4. If a prisoner fails to pay the fee, the board ofcounty commissioners or governing body of the incorporated city may apply tothe court for judgment for the arrears and the amount to accrue. The judgmentmay be enforced by execution but not as contempt of court.
5. During the pendency of such a judgment, thedefendant may petition the court to modify or vacate it on the ground that hisability to pay has changed. The court shall so inform the defendant when thejudgment is rendered.
(Added to NRS by 1991, 305)
NRS
1. The sheriff or chief of police of a city mayestablish and operate in each jail in his jurisdiction a commissary to sell toprisoners committed to the jail food, beverages, toiletries and such otheritems as may be approved by the sheriff or chief of police. The sheriff orchief of police may require prisoners committed to the jail to work in thecommissary.
2. The sheriff or chief of police, or a persondesignated by him, shall:
(a) Keep accurate books and records of all transactionswhich take place at the commissary; and
(b) Submit reports of these books and records to theboard of county commissioners or governing body of the city, as appropriate, atsuch times as may be required by the board or governing body.
3. Proceeds from the operation of the commissary mustbe maintained in a separate account and any profits therefrom must be expendedonly for the welfare and benefit of the prisoners in the jail.
4. The provisions of NRS426.630 to 426.720, inclusive, donot apply to any commissary established and operated pursuant to this section.
(Added to NRS by 1991, 357)
NRS
1. If a sheriff, chief of police or town marshal takescustody of a prisoner for whom a magistrate has issued a warrant for arrest fora misdemeanor offense and the warrant is outstanding, the sheriff, chief ofpolice or town marshal shall notify the law enforcement agency that obtainedthe warrant that the prisoner has been taken into custody. As used in thissubsection, magistrate has the meaning ascribed to it in
2. Except as otherwise provided in this subsection andsubsection 3, if there are no criminal charges pending or warrants outstandingfor the prisoner in the county in which he is in custody, the law enforcementagency that obtained the warrant shall take custody of the prisoner within 72hours after receiving the notice required by subsection 1. If there is a chargepending against or a warrant outstanding for a misdemeanor offense for theprisoner in the county in which he is in custody, the sheriff, chief of policeor town marshal shall notify the law enforcement agency when the matter isresolved. The law enforcement agency shall take custody of the prisoner within72 hours after receiving notice that the matter is resolved. This subsectiondoes not apply if the law enforcement agency that obtained the warrant is inthe same jurisdiction as the jail in which the prisoner is in custody.
3. If, after notice is given pursuant to theprovisions of subsection 1 or notice that the matter is resolved is givenpursuant to subsection 2, the law enforcement agency sends a certified letterto the sheriff, chief of police or town marshal stating that it will takecustody of the prisoner, and the letter is received within 72 hours aftergiving such notice, the law enforcement agency shall take custody of the prisonernot more than 7 days after the sheriff, chief of police or town marshalreceives the letter. The law enforcement agency shall pay the actual costs ofthe prisoners confinement, including the direct cost of his support and anallocated share of the cost of maintaining the jail and guarding the prisonerstherein. The board of county commissioners of the county or the governing bodyof the city or town shall determine these costs and, excluding the initial72-hour period, charge the law enforcement agency for each day of confinementafter the sheriff, chief of police or town marshal receives the certifiedletter, including the day the law enforcement agency takes custody of theprisoner.
4. If the law enforcement agency fails to take custodyof the prisoner within the time required by this section, the sheriff, chief ofpolice or town marshal may, if there are no other criminal charges pending orwarrants outstanding for the prisoner, release him from custody.
(Added to NRS by 1993, 132)
NRS
1. The sheriff of each county may accept money andvaluables in the physical possession of a prisoner at the time he is taken intocustody. The sheriff shall account separately for all money so accepted anddeposit the money in a trust fund which he has established in a bank, creditunion or savings and loan association qualified to receive deposits of publicmoney. During the time of the prisoners incarceration, the sheriff may alsoaccept and deposit in the trust fund money belonging to the prisoner which isintended for use by the prisoner to purchase items at the commissary.
2. The sheriff:
(a) Shall keep, or cause to be kept, a full andaccurate account of the money and valuables, and shall submit reports to theboard of county commissioners relating to the money and valuables as may berequired from time to time.
(b) May permit withdrawals for immediate expenditure bya prisoner for personal needs, for payment to a person who is not incarceratedin the jail or for payment required of a prisoner pursuant to
(c) Shall, upon the release of each prisoner, returnhis valuables and pay over to the prisoner any remaining balance in hisindividual account.
3. The interest and income earned on the money in thefund, after deducting any applicable charges, must be credited to the accountestablished for the commissary pursuant to NRS211.360. If a commissary has not been established, the interest and incomeearned must be deposited with the county treasurer for credit to the countygeneral fund.
(Added to NRS by 1993, 49; A 1995, 841;
NRS
1. A sheriff shall, by regulation, establish criteriafor a reasonable deduction from any money credited to the account of a prisonerpursuant to NRS 211.380 to repay thecost of county property willfully damaged or destroyed by the prisoner duringhis incarceration.
2. Before any money credited to the account of aprisoner may be deducted pursuant to subsection 1, the prisoner must be givenreasonable notice of the alleged misconduct for which the deduction is soughtand an opportunity for an administrative hearing on that misconduct.
(Added to NRS by 1993, 50)
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