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2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.430 - Criminal forfeiture: Temporary restraining order to preserve property.

1. The prosecuting attorney may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to criminal forfeiture under NRS 207.420 if:
(a) An indictment or information has been filed regarding a violation of NRS 207.400 and the extent of criminally forfeitable property is included therein or the court believes there is probable cause for such an inclusion;
(b) The property is in the possession or control of the party against whom the order will be entered; and
(c) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.
2. A temporary restraining order which is issued without notice may be issued for not more than 10 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.
(Added to NRS by 1983, 1499)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.440 - Criminal forfeiture: Orders to secure property.

1. After an information or indictment is filed regarding a violation of NRS 207.400, the prosecuting attorney may request the court to:
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action,
to secure property which is subject to criminal forfeiture.
2. The court shall, after a hearing for which notice was given to any person whose rights in the property proposed for forfeiture would be affected, order such an action if the prosecuting attorney shows by a preponderance of the evidence that the action is necessary to preserve the defendant’s property which is subject to criminal forfeiture.
3. If no indictment or information has been filed regarding a violation of NRS 207.400, the court may, after such a hearing and upon a showing of the prosecuting attorney that:
(a) There is probable cause to believe that the property for which the order is sought would be subject to criminal forfeiture; and
(b) The requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered that outweighs the need to secure the property for the potential criminal forfeiture,
order an action to secure the property. Such an order may not be effective for more than 90 days unless it is extended for good cause or an indictment or information is filed regarding a violation of NRS 207.400 and the extent of the criminally forfeitable property is listed therein.
(Added to NRS by 1983, 1498)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.450 - Criminal forfeiture: Order of forfeiture; protection of property.

1. Upon entry of a judgment for a violation of NRS 207.400, the court may order the forfeiture of the appropriate property.
2. Upon entry of such an order, the court may:
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action,
to protect the interests of the State.
(Added to NRS by 1983, 1499)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.460 - Civil forfeiture: Property subject to forfeiture.

1. Except as otherwise provided in subsection 2, the following are subject to civil forfeiture to the State:
(a) All property, real or personal, including money used in the course of, intended for use in the course of, derived from or gained through conduct in violation of NRS 207.400;
(b) Any title or interest a person has acquired or maintained in violation of NRS 207.400; and
(c) Any property or contractual right which affords a source of influence over any enterprise established, operated, controlled, participated in or conducted in violation of NRS 207.400.
2. Upon a showing by the owner of the requisite facts, the following is not subject to forfeiture under this section:
(a) Except as otherwise provided in paragraph (b), property used without the knowledge or consent of its owner; and
(b) A means of transportation used by a person in the transaction of business as a common carrier unless it appears the owner or person in charge of the common carrier consented to or had knowledge of the violation of NRS 207.400.
(Added to NRS by 1983, 1499)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.470 - Civil actions for damages resulting from racketeering.

1. Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.
2. A final judgment or decree rendered in favor of the State in any criminal proceeding under NRS 205.322 or 207.400 estops the defendant in any subsequent civil action or proceeding from denying the essential allegations of the criminal offense.
3. Any civil action or proceeding under this section must be instituted in the district court of the State in the county in which the prospective defendant resides or has committed any act which subjects him or her to criminal or civil liability under this section or NRS 205.322, 207.400 or 207.460.
4. Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty.
(Added to NRS by 1983, 1501)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.480 - Order of court upon determination of civil liability.

A district court may, following a determination of civil liability under NRS 207.470 or 207.490, take such actions as it deems proper, including ordering the defendant to pay all costs and expenses of the proceedings.
(Added to NRS by 1983, 1502)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.490 - Criminal and civil forfeiture: Seizure of property before forfeiture and final disposition; order of forfeiture; intercession by Attorney General; interlocutory actions by court.

1. Property subject to forfeiture under NRS 207.420 and 207.460 may be seized by a law enforcement agency upon process issued by a court. Before an order of civil forfeiture is issued and without legal process, notice of the claim for forfeiture of real property may be given in the manner provided in NRS 14.010 and 14.015. A seizure of personal property may be made without legal process if the seizure is incident to:
(a) A lawful arrest or search; or
(b) An inspection under an administrative warrant.
2. Property seized or made the subject of notice under this section is deemed to be in the custody of the agency subject only to orders of the court which has jurisdiction over the proceedings for forfeiture. An agency which has seized such property without process shall begin the proceedings for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property if the agency does not file the complaint for forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the complaint must be treated as a counterclaim.
3. When property is seized under this section, pending forfeiture and final disposition, the law enforcement agency may:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.
4. The district attorney may institute civil proceedings under this section for the forfeiture of property subject to forfeiture pursuant to NRS 207.460. The Attorney General may institute such proceedings when the property is seized by a state agency. If a district attorney has not instituted such a proceeding or has not pursued one which was instituted, the Attorney General may intercede after giving 30 days’ written notice to the district attorney of the intention to do so.
5. In any action so brought, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination in an action brought under this section or NRS 207.470, the district court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court deems proper in connection with any property or interest subject to forfeiture.
6. Upon a finding of civil liability under this section or NRS 207.470, the court may order the forfeiture of the appropriate property and interests.
(Added to NRS by 1983, 1500)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.500 - Use, sale and other disposal of forfeited property by State, county or city; payment of certain encumbrances.

1. The State, county or city may sell or retain for its official use the property or interests so forfeited. If the forfeited property or interest is to be sold or otherwise disposed of, the State, county or city shall do so as soon as commercially feasible. Except as otherwise provided in subsection 2, the proceeds from such a sale must be used:
(a) First to satisfy a claim of an injured person as provided in NRS 207.470;
(b) Then for payment of all proper expenses of any proceedings for the forfeiture and sale, including any expenses for the seizure and maintenance of the property, advertising and court costs; and
(c) Then to repay any money received pursuant to NRS 207.415 and to pay the amount required to be paid by that section.
The balance of the proceeds, if any, must be deposited in the General Fund of the State or a county or city as the court provides in the order of forfeiture.
2. If the property forfeited is encumbered by a bona fide security interest and the secured party shows that the secured party did not consent or have knowledge of the violation causing the forfeiture, the State shall pay the existing balance or return the property to the secured party.
(Added to NRS by 1983, 1501; A 1985, 973)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.510 - Parties to proceedings for forfeiture of property.

No person, except one:
1. Who holds a community property interest in the property;
2. Whose name or interest appears on the document of title or certificate of registration of the property;
3. Who is injured in his or her business or property by the violation; or
4. Who can otherwise prove ownership or a bona fide security interest in the property or interest subject to forfeiture,
may be a party to proceeding for a forfeiture brought pursuant to NRS 207.490.
(Added to NRS by 1983, 1501)
2023 Nevada Revised Statutes › Chapter 207 - Miscellaneous Crimes › NRS 207.520 - Limitation of actions.

A criminal action or proceeding under NRS 205.322 or 207.400 may be commenced at any time within 5 years after the conduct in violation of the section occurs. Except as otherwise provided in NRS 217.007, a civil action or proceeding under NRS 207.470 may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later. If a criminal prosecution or civil action or other proceeding is brought to punish, prevent or restrain any violation of the provisions of NRS 205.322 or 207.400, the running of the period of limitations prescribed by this section with respect to any cause of action arising under NRS 207.470, which is based in whole or in part upon any matter complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.
(Added to NRS by 1983, 1501; A 1985, 1828; 1993, 454)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.015 - Definitions.

As used in this title, unless the context otherwise requires, the words and terms defined in NRS 208.025 to 208.095, inclusive, have the meanings ascribed to them in those sections.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.025 - "Boat" defined.

"Boat" includes ships, steamers and other structures adapted to navigation or movement from place to place by water.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.045 - "Judge" defined.

"Judge" includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.055 - "Knowingly" defined.

"Knowingly" imports a knowledge that facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510; 1997, 1602)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.065 - "Officer" and "public officer" defined.

"Officer" and "public officer" include all officers, members and employees of:
1. The State of Nevada;
2. Any political subdivision of this state;
3. Any other special district, public corporation or quasi-public corporation of this state; and
4. Any agency, board or commission established by this state or any of its political subdivisions,
and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.075 - "Prison" defined.

"Prison" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.085 - "Prisoner" defined.

"Prisoner" includes any person held in custody under process of law, or under lawful arrest.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.125 - Effect of provisions upon past offenses.

Nothing contained in any provision of this title shall apply to an offense committed or act done at any time before the day when this title shall take effect. Such an offense shall be punished according to, and such act shall be governed by, the provisions of law existing when it is done or committed, in the same manner as if this title had not been passed.
[1911 C&P § 31; RL § 6296; NCL § 9980]
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.145 - Civil remedies preserved.

The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture or other remedy imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable in this title shall not affect any right to recover or enforce the same.
[1911 C&P § 37; RL § 6302; NCL § 9986]
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.155 - Authority of courts-martial unaffected; punishment for contempt unaffected.

This title does not affect any power conferred by law upon any court-martial, or other military authority, or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.
[1911 C&P § 34; RL § 6299; NCL § 9983]
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.165 - Execution of instrument by prisoner.

A prisoner may execute any instrument by signing his or her name immediately following a declaration "under penalty of perjury" with the same legal effect as if he or she had acknowledged it or sworn to its truth before a person authorized to administer oaths. As used in this section, "prisoner" means a person confined in any jail or prison, or any facility for the detention of juvenile offenders, in this state.
(Added to NRS by 1985, 1643)
2023 Nevada Revised Statutes › Chapter 208 - General Provisions › NRS 208.280 - Prisons to be under control of State or local government.

1. Each prison that houses prisoners who are in the custody of the State or a local government must be under the administrative and direct operational control of the State or the local government, as applicable. The core correctional services at each such prison must be performed only by employees of the State or a local government, as applicable, and not by a private entity.
2. A condition, stipulation or provision in a contract that conflicts with this section is against the public policy of this State and is void and unenforceable.
3. As used in this section, "core correctional services" means the housing, safeguarding, protecting and disciplining of prisoners.
(Added to NRS by 2019, 952; A 2019, 955)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.011 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 209.021 to 209.085, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 845; A 1983, 719; 1987, 1019; 2001, 2391; 2009, 2821; 2017, 356; 2023, 722, 2430)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.065 - "Facility" defined.

"Facility" means a community correctional center, conservation camp, facility of minimum security or other place of confinement, other than an institution, operated by the Department for the custody, care or training of offenders.
(Added to NRS by 1983, 719; A 1991, 216)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.084 - Serious mental illness or other significant mental impairment" defined.

1. "Serious mental illness or other significant mental impairment" means:
(a) A mental, behavioral or emotional disorder that results in serious functional impairment, which substantially interferes with or limits one or more major life activities; or
(b) A diagnosis of an intellectual disability, as defined in NRS 435.007.
2. The term includes, without limitation, a diagnosis of major depression, schizophrenia, bipolar disorder, obsessive-compulsive disorder, panic disorder, post-traumatic stress disorder or borderline personality disorder.
(Added to NRS by 2023, 2427)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.0843 - Solitary confinement" defined.

"Solitary confinement" means the housing of an offender in a location where the offender is restricted to a cell for at least 22 hours per day for the purpose of separating the offender from the general population for the:
1. Protection of:
(a) The health or safety of the offender from other offenders; or
(b) The life or property of the staff or other offenders; or
2. Security or orderly operation of the facility or institution.
(Added to NRS by 2023, 2428)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.101 - Department created; Board of State Prison Commissioners.

1. The Department of Corrections is hereby created.
2. The head of the Department is the Board of State Prison Commissioners.
3. The Governor is the President of the Board. The Secretary of State is the Secretary of the Board.
4. Any two members of the Board constitute a quorum for the transaction of business.
5. The Secretary shall keep full and correct records of all the transactions and proceedings of the Board.
(Added to NRS by 1977, 845; A 2001 Special Session, 192)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.111 - Powers and duties of Board.

The Board has full control of all grounds, buildings, labor, and property of the Department, and shall:
1. Purchase, or cause to be purchased, all commissary supplies, materials and tools necessary for any lawful purpose carried on at any institution or facility of the Department.
2. Regulate the number of officers and employees of the Department.
3. Prescribe regulations for carrying on the business of the Board and the Department.
(Added to NRS by 1977, 845; A 1979, 888; 1983, 719)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.116 - Board to adopt regulations establishing maximum number of prisoners who may be incarcerated in private facility or institution.

1. To ensure the safety of the residents of the State of Nevada, the Board shall adopt regulations establishing the maximum number of prisoners who may be incarcerated in a private facility or institution. The regulations must be based upon the standards adopted by the American Correctional Association or its successor organization.
2. As used in this section, "prisoner" has the meaning ascribed to it in NRS 212.1895.
(Added to NRS by 2009, 2820)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.121 - Director: Appointment; qualifications; salary; other employment prohibited.

1. The Chief Administrative and Fiscal Officer of the Department 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 his or her training, experience and aptitude in the field of corrections.
(d) Is entitled to receive an annual salary in an amount fixed by law.
(e) Shall not engage in any other gainful employment or occupation.
(Added to NRS by 1977, 846)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.131 - Director: General duties.

The Director shall:
1. Administer the Department under the direction of the Board.
2. Supervise the administration of all institutions and facilities of the Department.
3. Receive, retain and release, in accordance with law, offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his or her jurisdiction.
5. Ensure that any person employed by the Department whose 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 or facility of the Department,
is a correctional officer who has the powers of a peace officer pursuant to subsection 1 of NRS 289.220.
6. Establish regulations with the approval of the Board and enforce all laws governing the administration of the Department and the custody, care and training of offenders.
7. Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the Department.
8. Take proper measures to protect the health and safety of persons employed by a school district to operate a program of education for incarcerated persons in an institution or facility pursuant to chapter 388H of NRS.
9. Cause to be placed from time to time in conspicuous places about each institution and facility copies of laws and regulations relating to visits and correspondence between offenders and others.
10. Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.
11. Compile the last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department.
(Added to NRS by 1977, 846; A 1983, 719; 2001, 574; 2013, 346; 2019, 986)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.1315 - Director: Training of correctional staff.

1. The Director may continue to develop and implement, in each institution and facility of the Department, a program of facility training for the correctional staff. Such training must include:
(a) Training in evidence-based practices, including, without limitation, principles of effective intervention, effective case management and core correctional practices;
(b) Courses on interacting with victims of domestic violence and trauma and people with behavioral health needs and both physical and intellectual disabilities; and
(c) Training in cultural competency for interacting with offenders who are transgender, gender non-conforming, gender non-binary and intersex.
2. The Director shall develop and implement, in each institution and facility of the Department in which an offender may be placed in solitary confinement, a program of training for any correctional staff of the facility or institution who interact with offenders placed in solitary confinement. Such training must include, without limitation, training in effective communication, crisis intervention and de-escalation techniques. Any training required to be completed pursuant to a program of training adopted pursuant to this subsection is in addition to any other training required to be completed by correctional staff.
(Added to NRS by 2001 Special Session, 192; A 2019, 4444; 2023, 722, 2430)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.132 - Director: Delegation of power, duty or function.

1. The Director may delegate to a deputy director, manager, warden or employee of the Department the exercise or discharge in the name of the Director of any power, duty or function vested in or imposed upon the Director.
2. The official act of any such person acting in the name of the Director and by his or her authority shall be deemed an official act of the Director.
(Added to NRS by 1997, 3177; A 2007, 65)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.134 - Director: Submission to county clerk of list of offenders released from prison or discharged from parole.

On or before the fifth day of each month, the Director shall submit to each county clerk in this State a list which provides:
1. The name of each offender who was released from prison by expiration of his or her term of imprisonment during the previous month or who was discharged from parole during the previous month; and
2. The case number of each offense for which the offender was released or discharged.
(Added to NRS by 2003, 668)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.136 - Director: Notification of Legislature regarding certain matters.

The Director shall notify the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature and the Interim Finance Committee when the Legislature is not in session of any:
1. Negotiations entered into by the Department to resolve any potential or existing litigation which could have a fiscal effect that exceeds the amount budgeted for that purpose by the Legislature; and
2. Plans regarding the location of any prison facility or institution.
(Added to NRS by 1989, 954; A 2001 Special Session, 192)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.141 - Agreements with governmental agencies and private organizations.

The Director may, with the approval of the Board and except as otherwise provided in NRS 208.280, enter into agreements with other governmental agencies and with private organizations to carry out the purposes of this chapter.
(Added to NRS by 1977, 846; A 2019, 954)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.151 - Deputy directors: Appointment; duties; other employment prohibited.

1. The Director shall appoint a Deputy Director for Industrial Programs who:
(a) Is responsible to the Director for the administration of all industrial, vocational and agricultural programs for the employment of offenders, except conservation camps and centers for the purpose of making restitution; and
(b) Shall enforce all policies and regulations of the Department relating to industrial, vocational and agricultural programs.
2. In addition to the Deputy Director appointed pursuant to subsection 1, the Director shall appoint such other deputy directors as are necessary.
3. During any absence of the Director, the Director shall designate a deputy director or a warden to act as Director of the Department without increase in salary.
4. The deputy directors shall carry out such administrative duties as may be assigned to them by the Director and shall not engage in any other gainful employment or occupation.
(Added to NRS by 1977, 846; A 1983, 720; 1987, 1019; 1989, 1884; 1991, 216; 2007, 65)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.153 - Deputy Director for Industrial Programs: Retirement benefits.

The Deputy Director for Industrial Programs appointed pursuant to subsection 1 of NRS 209.151 is entitled to receive the same retirement benefits as police officers and firefighters employed by public employers. For this purpose, the provisions of chapter 286 of NRS governing the retirement benefits of police officers and firefighters apply to the Deputy Director for Industrial Programs.
(Added to NRS by 1987, 1019; A 2001 Special Session, 193; 2005, 319; 2007, 66)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.161 - Wardens of institutions: Appointment; duties.

1. The Director shall appoint a warden for each institution of the Department.
2. Each warden is in the classified service of the State except for purposes of appointment and retention.
3. Each warden is responsible to the Director for the administration of his or her institution, including the execution of all policies and the enforcement of all regulations of the Department pertaining to the custody, care and training of offenders under his or her jurisdiction.
(Added to NRS by 1977, 846; A 1983, 720; 2001, 1831)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.181 - Officers and employees residing at institution or facility: Charges and perquisites; notice to Legislature.

1. If the Director finds that it is necessary or desirable that any officer or employee reside at an institution or facility, perquisites granted to the officer or employee or charges for services rendered to the officer or employee are at the discretion of the Board.
2. The Director shall notify the Legislature at each regular session of the existing charges and perquisites.
(Added to NRS by 1977, 847; A 1983, 721)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.183 - Travel expenses authorized for certain employees at specified correctional centers and conservation camps; exceptions.

1. Except as otherwise provided in subsection 2, in addition to his or her regular salary, each person employed by the Department of Corrections or the Division of Forestry of the State Department of Conservation and Natural Resources at the Southern Nevada Correctional Center, the Southern Desert Correctional Center, the Indian Springs Conservation Camp, the correctional institution identified as the Men’s Prison No. 7 in chapter 656, Statutes of Nevada 1995, and chapter 478, Statutes of Nevada 1997, or the Jean Conservation Camp is entitled to receive, as compensation for travel expenses, not more than $7.50 for each day he or she reports to work if his or her residence is more than 25 miles from the respective institution or facility. The total cost for compensation for travel expenses authorized by this section must not exceed the amount specially appropriated for this purpose.
2. A person employed by the Department of Corrections or the Division of Forestry of the State Department of Conservation and Natural Resources who begins employment on or after July 1, 2011, is not eligible to receive compensation for travel expenses pursuant to subsection 1.
(Added to NRS by 1987, 1648; A 1999, 2976; 2001 Special Session, 193; 2011, 1615)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.189 - Fund for Prison Industries.

1. The Fund for Prison Industries is hereby created as an enterprise fund to receive all revenues derived from programs for vocational training and employment of offenders and the operation of the prison farm and to receive all revenues raised by the Department from private employers for the leasing of space, facilities or equipment within the institutions or facilities of the Department.
2. Money in the Fund must be maintained in separate budgetary accounts, including at least one account for industrial programs and one for the prison farm.
3. Subject to the approval of the State Board of Examiners, the Director may expend money deposited in this Fund for the promotion and development of these programs and the prison farm. The Director shall expend money deposited in this Fund to pay the premiums required for coverage of offenders under the modified program of industrial insurance adopted pursuant to NRS 616B.028.
4. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
5. If money owed to the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department or for the purchase of goods or services, which must be deposited into the Fund for Prison Industries pursuant to subsection 1, is not paid on or before the date due, the Department shall charge and collect, in addition to the money due, interest on the money due at the rate of 1.5 percent per month or fraction thereof from the date on which the money became due until the date of payment.
(Added to NRS by 1979, 888; A 1987, 641, 1023; 1989, 550, 733; 1991, 1135; 1999, 1734; 2001 Special Session, 193)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.192 - Fund for New Construction of Facilities for Prison Industries.

1. There is hereby created in the State Treasury a Fund for New Construction of Facilities for Prison Industries as a capital projects fund. The Director shall deposit in the Fund the deductions made pursuant to subparagraph (3) of paragraph (a) of subsection 3 or subparagraph (2) of paragraph (a) of subsection 4 of NRS 209.463. The money in the Fund must only be expended:
(a) To house new industries or expand existing industries in the industrial program to provide additional employment of offenders;
(b) To relocate, expand, upgrade or modify an existing industry in the industrial program to enhance or improve operations or security or to provide additional employment or training of offenders;
(c) To purchase or lease equipment to be used for the training of offenders or in the operations of prison industries;
(d) To pay or fund the operations of prison industries, including, without limitation, paying the salaries of staff and wages of offenders if the cash balance in the Fund for Prison Industries is below the average monthly expenses for the operation of prison industries;
(e) To advertise and promote the goods produced and services provided by prison industries; or
(f) For any other purpose authorized by the Legislature.
2. Before money in the Fund may be expended:
(a) As described in paragraphs (b) to (e), inclusive, of subsection 1, the Director shall submit a proposal for the expenditure to the Joint Interim Standing Committee on the Judiciary and the State Board of Examiners.
(b) For construction, the Director shall submit a proposal for the expenditure to the State Board of Examiners.
3. Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
4. If any money in the Fund is used as described in paragraph (d) of subsection 1, the Director shall repay the amount used as soon as sufficient money is available in the Fund for Prison Industries.
5. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
6. As used in this section, "Fund" means Fund for New Construction of Facilities for Prison Industries.
(Added to NRS by 1991, 1586; A 1993, 422; 1995, 2591; 1997, 3177; 2001, 2391; 2010, 26th Special Session, 5; 2015, 398; 2021, 1895, 2518)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.194 - Silver State Industries Endowment Fund.

1. The Silver State Industries Endowment Fund is hereby created as a trust fund in the State Treasury.
2. The State Treasurer shall deposit in the Fund:
(a) Any money received from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison; and
(b) Any gifts, grants or donations of money the State Treasurer receives from any person who wishes to contribute to the Fund.
The money described in paragraphs (a) and (b) must be accounted for separately.
3. The interest and income earned on the money in the Fund must be credited to the Fund.
4. The Fund must be administered by the Silver State Industries Division of the Department.
5. Except as otherwise provided in subsection 6, the money in the Fund must only be used for the purposes set forth in this subsection. The Silver State Industries Division may use:
(a) In addition to any interest earned on the principal of the Fund, not more than 75 percent of the money received during a fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison for the maintenance of the modern structures, buildings and other property of the Nevada State Prison; and
(b) Not more than 5 percent of the money received during a fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison to pay administrative costs.
6. At the end of each fiscal year, the State Treasurer shall transfer from the Silver State Industries Endowment Fund to the Endowment Fund for the Historic Preservation of the Nevada State Prison created by NRS 381.239 25 percent of all the money received during the fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison and deposited into and remaining in the Silver State Industries Endowment Fund. The State Treasurer shall not transfer any interest earned on the principal.
7. As used in this section, "modern structures, buildings and other property of the Nevada State Prison" means the structures, buildings and other property described in paragraph (a) of subsection 1 of NRS 321.004.
(Added to NRS by 2015, 868; A 2021, 2079)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.225 - Investment and disbursement of interest and income of Offenders’ Store Fund.

1. The Director shall deposit the Offenders’ Store Fund with the State Treasurer for investment. The interest and income earned upon the Fund, after deducting any applicable charges, must be credited to the Fund and may only be disbursed as authorized by the Legislature.
2. The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the Offenders’ Store Fund. The provisions of this chapter do not establish a basis for any cause of action against the State or against officers or employees of the State to claim ownership of any interest or income that accrues on the money in the Offenders’ Store Fund.
(Added to NRS by 1981, 1559; A 1983, 1582; 1989, 1129; 1995, 364)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.229 - Operation of vending machines in visitors’ areas; profits from operation to be deposited in Offenders’ Store Fund.

1. Except as otherwise provided in subsection 2, the Department shall operate any vending machine that is located in a visitors’ area of a facility or an institution of the Department.
2. The Department may enter into a contract with a private vendor to operate a vending machine located in a visitors’ area of a facility or an institution of the Department.
3. If the Department operates a vending machine pursuant to subsection 1 or enters into a contract with a private vendor to operate a vending machine pursuant to subsection 2, the money received by the Department from the operation of the vending machine, less any money expended for overhead and operating expenses, must be deposited in the Offenders’ Store Fund created pursuant to NRS 209.221.
4. As used in this section, "vending machine" means any manual or coin-operated machine or similar device for vending food, beverages or other articles.
(Added to NRS by 1999, 2574)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.231 - Deposit of money received from operation of conservation camp into Division of Forestry Account; powers and duties of State Forester Firewarden.

1. Any money received from the operation of any conservation camp established under this chapter or from the assignment of any crew of a conservation camp to the extent that the money is not used for salaries, overhead or operating expenses of any camp or crew must be placed in the Division of Forestry Account.
2. The State Forester Firewarden, as executive head of the Division of Forestry of the State Department of Conservation and Natural Resources, may:
(a) Expend the money received pursuant to subsection 1 for:
(1) The renovation, repair or improvement of buildings and real property for any conservation camp.
(2) The acquisition of special clothing, tools and equipment, and payment of expenses directly related to work projects performed by a crew of a conservation camp such as, but not limited to, the costs of utilities and operation of equipment.
(b) Direct all activities in connection with any renovation, repair or improvement of buildings and real property for any conservation camp or work project of a conservation camp.
3. The State Forester Firewarden shall determine the amount of wages that must be paid to offenders who participate in conservation camps as provided in NRS 472.040.
(Added to NRS by 1977, 848; A 1985, 252; 1991, 217; 2003, 916)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.234 - Regulations governing personal property of offenders.

1. The Director may, with the approval of the Board, adopt regulations to be instituted in each institution or facility which govern the possession of personal property by offenders. Such regulations may place limitations on the amount of personal property an offender may, at any one time, possess.
2. Any regulations adopted by the Director pursuant to subsection 1 must be consistent with the provisions of subsection 2 of NRS 209.235.
3. As used in this section, "personal property" includes, without limitation, goods purchased from a commissary.
(Added to NRS by 2023, 2511)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.235 - Regulations governing operation of commissary in institution or facility.

1. The Director shall, with the approval of the Board, adopt regulations to be instituted in each institution or facility which govern the operation of a commissary in the institution or facility.
2. The Director shall not adopt regulations which:
(a) Place a monetary limitation on the ability of an offender to receive or purchase goods or services from the commissary.
(b) Authorize the markup of the price of a personal hygiene product sold at the commissary.
(Added to NRS by 2023, 2511)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.239 - Adoption of policy by warden or manager concerning personal property of offenders.

Subject to the approval of the Director, the warden of each institution and the manager of each facility shall adopt and issue a written policy statement regulating the personal property which an offender may retain in his or her possession, including, but not limited to:
1. Procedures necessary to ensure that offenders are permitted to retain reasonable amounts of personal property, consistent with security and the proper functioning of the institution or facility.
2. Necessary procedures for the careful handling and secure storage of the personal property of an offender.
(Added to NRS by 1979, 328; A 1983, 721; 1997, 3179)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.243 - Administrative claim by prisoner for loss of personal property, property damage, personal injuries or other claims; regulations.

1. A prisoner or former prisoner may file an administrative claim with the Department to recover compensation for the loss of his or her personal property, property damage, personal injuries or any other claim arising out of a tort alleged to have occurred during his or her incarceration as a result of an act or omission of the Department or any of its agents, former officers, employees or contractors. The claim must be filed within 6 months after the date of the alleged loss, damage or injury.
2. The Department shall evaluate each claim filed pursuant to subsection 1 and determine the amount due, if any. If the amount due is $500 or less, the Department, within the limits of legislative appropriations, shall approve the claim for payment and submit it to be paid as other claims against the State are paid. The Department shall submit all claims in which the amount due exceeds $500, with any recommendations it deems appropriate, to the State Board of Examiners. The State Board of Examiners, in acting upon the claim, shall consider any recommendations of the Department.
3. The Department shall adopt regulations necessary to carry out the provisions of this section.
(Added to NRS by 1993, 1210; A 1995, 1517)
2023 Nevada Revised Statutes › Chapter 209 - Department of Corrections › NRS 209.244 - Attorney General may establish program for mediating complaints from offenders; duties.

1. The Attorney General may establish a program for mediating complaints from an offender concerning:
(a) An administrative act which is alleged to be contrary to law or a policy of the Department; or
(b) Significant issues relating to the health or safety of offenders and other matters for which there is no effective administrative remedy.
2. If the Attorney General establishes a program for mediating complaints pursuant to subsection 1, the Attorney General shall:
(a) By regulation, establish procedures for mediating complaints by offenders; and
(b) Prepare and submit to the Board an annual report on:
(1) The complaints mediated through the program;
(2) The total dollar amount of claims asserted in complaints mediated through the program;
(3) The number of complaints that were resolved through the program;
(4) The cost in dollars paid to offenders to resolve complaints through the program; and
(5) The savings in dollars between the dollar amount of claims asserted in complaints and the cost in dollars paid to offenders to resolve those complaints.
3. As used in this section, "administrative act" includes an action, omission, decision, recommendation, practice or other procedure of the Department.
(Added to NRS by 2011, 1083)