2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.463 - Deductions from wages earned by offender during incarceration; limitation on deductions; priority of deductions.

1. Except as otherwise provided in NRS 209.2475, and subject to the limitation set forth in subsection 2, the Director may make the deductions described in subsection 3 or 4, as applicable, from the wages earned by an offender from any source during the offender’s incarceration.
2. The Director may not deduct more than 50 percent of the wages described in subsection 1 for each pay period of the offender.
3. If the hourly wage of the offender is equal to or greater than the federal minimum wage, the Director may deduct:
(a) In the following order of priority:
(1) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family;
(3) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries;
(4) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(5) A deduction pursuant to NRS 209.246;
(6) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners’ Personal Property Fund;
(7) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral;
(8) An amount the Director considers reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
(9) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915;
(10) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted, and any amount deducted from the wages of the offender pursuant to this subparagraph must be submitted:
(I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated; or
(II) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid; and
(11) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted, and any amount deducted from the wages of the offender pursuant to this subparagraph must be submitted:
(I) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated; or
(II) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid; and
(b) Any other deduction authorized by law from the wages earned by the offender from any source during the offender’s incarceration, the deduction of which must be made in an order of priority determined by the Director.
4. If the hourly wage of the offender is less than the federal minimum wage, the Director may deduct:
(a) In the following order of priority:
(1) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(2) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries;
(3) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, other than the cost for room and board, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(4) A deduction pursuant to NRS 209.246;
(5) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners’ Personal Property Fund;
(6) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offender’s release or, if the offender dies before the offender’s release, to defray expenses related to arrangements for the offender’s funeral;
(7) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime; and
(8) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915; and
(b) Any other deduction authorized by law from the wages earned by the offender from any source during the offender’s incarceration, the deduction of which must be made in an order of priority determined by the Director.
(Added to NRS by 1985, 590; A 1991, 1587; 1993, 936; 1995, 2594; 1997, 1683, 2655, 3184; 1999, 649, 654; 2013, 1080; 2021, 212, 1899; 2023, 2512)