reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 22 - NEW

Current through June 11, 2024
1. A plan for the provision of indigent
		  defense services must provide the process a county will use to hire attorneys
		  who serve as county public defenders or chief county public defenders or who
		  are independent contractors to provide indigent defense services and panels of
		  appointed attorneys. The process must be designed to provide notice of the
		  opportunity to apply and a reasonable opportunity for interested parties to
		  respond.
2. Consistent with the
		  provisions of section 21 of LCB File No. R042-20, the process used pursuant to
		  subsection 1 must exclude prosecuting and law enforcement officials. The
		  creation of a selection committee that utilizes stakeholders concerned with the
		  integrity of indigent defense services, which may include the Department, is
		  recommended. Judicial input in the hiring process may be considered but must
		  not be the sole basis for selection.
3. For the purposes of evaluating an
		  application, the process used pursuant to subsection 1 must require, without
		  limitation:
(a) In a county whose population
		  is less than 100,000, verification that the applicant is included on the roster
		  of attorneys who are eligible to provide indigent defense services that the
		  Department compiles pursuant to section 30 of LCB File No. R042-20, as amended
		  by section 5; and
(b) The
		  consideration of the following factors:
(1)
		  The experience and qualifications of the applicant;
(2) The past performance of the applicant in
		  representing defendants in criminal cases;
(3) The ability of the applicant to comply
		  with this chapter and the terms of a contract; and
(4) If the applicant is an independent
		  contractor, the cost of the service under the contract.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 23 - NEW

Current through June 11, 2024
1. A plan for the provision of indigent
		  defense services must set forth the process of screening for indigency that is
		  necessary for the judicial determination of eligibility for appointed counsel.
		  The process of screening for indigency must:
(a) Occur prior to, or at the earlier of, the
		  initial arraignment or appearance and not later than 48 hours after the arrest
		  of the defendant; and
(b) Describe
		  the person or agency responsible for the screening.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 24 - NEW

Current through June 11, 2024
A plan must:
1. Seek to
		  provide, through cooperation with local agencies, necessary resources and
		  accommodations for private discussions between an attorney and a client in
		  courthouses, jails, prisons, detention centers and other places where a client
		  must confer with an attorney; and
2. Provide a description of such resources
		  and accommodations.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 25 - NEW

Current through June 11, 2024
1. A plan for the provision of indigent
		  defense services must ensure that an attorney has the resources to:
(a) Conduct an independent investigation of
		  the charges filed against a client as promptly as practicable and, if
		  appropriate, retain an investigator to assist with the defense of the client;
		  and
(b) Request the assistance of
		  experts when such assistance is reasonably necessary to prepare the defense of
		  a client.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 26 - NEW

Current through June 11, 2024
1. A plan for the provision of indigent
		  defense services must ensure, to the greatest extent possible, consistency in
		  the representation of indigent defendants so that the same attorney represents
		  a defendant through every stage of the case without delegating the
		  representation to others, except that administrative and other tasks which do
		  not affect the rights of the defendant may be delegated.
2. The provisions of subsection 1 do not
		  preclude a county from using a single attorney or rotation of attorneys to
		  provide representation to an indigent defendant at an initial appearance or
		  arraignment, but any such attorney should, to the extent possible, discuss only
		  matters pertaining to the initial appearance or arraignment to avoid creating a
		  conflict of interest.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 27 - NEW

Current through June 11, 2024
1. A plan for the provision of indigent
		  defense services must require that representation be provided in a
		  professional, skilled manner consistent with all applicable laws, regulations
		  and rules of professional conduct, the Nevada Indigent Defense Standards of
		  Performance set forth in ADKT No. 411 of the Nevada Supreme Court and the
		  American Bar Association's Criminal Justice Standards for the Defense
		  Function.
2. Any plan or contract
		  for the provision of indigent defense services must require the attorney
		  representing the defendant to:
(a) Advise each
		  client not to waive any substantive rights or plead guilty at the initial
		  appearance unless doing otherwise is in the best interest of the client;
		  and
(b) Make all reasonable efforts
		  to meet with each client within the first 7 days following the assignment of
		  the case and, unless there are no significant updates in the client's case,
		  every 30 days thereafter.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 28 - NEW

Current through June 11, 2024
As used in sections 28 to 37, inclusive, of this regulation,
			 unless the context otherwise requires, "CLE" means continuing legal education
			 as discussed in Nevada Supreme Court Rules 205 to 215,
			 inclusive.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 29 - NEW

Current through June 11, 2024
The provisions of sections 28 to 37, inclusive, of this
			 regulation apply only to the provision of indigent defense services in counties
			 whose population is less than 100,000.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 30 - NEW

Current through June 11, 2024
1. To ensure that the ability, training and
		  experience of an attorney in a criminal matter matches the complexity of a
		  case, attorneys who provide indigent defense services, including, without
		  limitation, those who are employed by an office of public defender, must
		  demonstrate compliance with the standards and regulations of the Board
		  pertaining to training, education and qualifications by submitting an
		  application to the Department on a form approved by the Department. The
		  application must be submitted:
(a) By mail;
		  or
(b) Electronically, as provided
		  on the website of the Department.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 31 - NEW

Current through June 11, 2024
1. An attorney who seeks to provide indigent
		  defense services to a person charged with a misdemeanor must:
(a) Be licensed to practice law in the State
		  of Nevada; and
(b) Have sufficient
		  training or experience to provide competent representation. For purposes of
		  this paragraph, proof of completion of 6 hours of CLE related to indigent
		  defense services, or full attendance at the annual conference of the
		  Department, during the 12 months immediately preceding the provision of such
		  indigent defense services constitutes sufficient training or experience to
		  provide competent representation.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 32 - NEW

Current through June 11, 2024
An attorney who seeks to provide indigent defense services to a
			 person charged with a category B felony for which the maximum penalty is 10
			 years or less, a category C, D or E felony or a gross misdemeanor must:
1. Meet the following requirements:
(a) Be licensed to practice law in the State
		  of Nevada; and
(b) Have been trial
		  counsel, alone or with other trial counsel, in two or more criminal bench or
		  jury trials that were tried to completion; or
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 33 - NEW

Current through June 11, 2024
An attorney who seeks to provide indigent defense services to a
			 person charged with a non-capital category A felony or a category B felony for
			 which the maximum penalty is more than 10 years must:
1. Meet the following requirements:
(a) Be licensed to practice law in the State
		  of Nevada;
(b) Have practiced
		  criminal law for 3 full years, either as a prosecutor, provider of indigent
		  defense services or retained counsel; and
(c) Have been trial counsel, alone or with
		  other trial counsel, and handled a significant portion of three felony jury
		  trials that were tried to completion; or
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 34 - NEW

Current through June 11, 2024
An attorney who seeks to provide indigent defense services to a
			 person charged with or convicted of a category A felony in which the death
			 penalty is or may be sought or has been imposed must meet the criteria set
			 forth in Supreme Court Rule 250.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 35 - NEW

Current through June 11, 2024
An attorney who seeks to represent a person in a direct appeal of
			 a non-capital felony must:
1. Be
		  licensed to practice law in the State of Nevada; and
2. Have sufficient training or experience to
		  provide competent representation.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 36 - NEW

Current through June 11, 2024
1. An attorney who seeks to represent a
		  juvenile who is alleged to be delinquent or in need of supervision must:
(a) Be licensed to practice law in the State
		  of Nevada.
(b) Have the knowledge
		  and skills necessary to represent a child diligently and effectively;
(c) Be skilled in juvenile defense. For
		  purposes of this paragraph, proof of completion of 2 hours of CLE related to
		  juvenile defense services within the 12 months immediately preceding such
		  representation constitutes sufficient skill in juvenile defense.
(d) Be familiar with:
(1) The department of juvenile justice
		  services in the county and other relevant state and local programs;
(2) Issues concerning competency and child
		  development;
(3) Issues concerning
		  the interaction between an attorney and a client; and
(4) Issues concerning school-related conduct
		  and zero-tolerance policies specific to juvenile representation.
(e) Be knowledgeable
		  about adolescent development and the special status of youth in the legal
		  system.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 37 - NEW

Current through June 11, 2024
1. In addition to any other requirements
		  provided by law or this chapter, an attorney must:
(a) Have reasonable knowledge of substantive
		  Nevada and federal law, constitutional law, criminal law and criminal
		  procedure, the rules of evidence, the rules of appellate procedure, ethical
		  rules, local rules and practices and changes and developments in the law. As
		  used in this paragraph, "reasonable knowledge" means knowledge possessed by an
		  attorney who provides competent representation to a client in accordance with
		  Rule 1.1 of the Nevada Rules of
		  Professional Conduct;
(b) Have
		  reasonable knowledge of the forensic and scientific issues that can arise in a
		  criminal case and the legal issues concerning defenses to a crime and be
		  reasonably able to litigate such issues effectively; and
(c) Be reasonably able to use the office
		  technology that is commonly used in the legal community and the technology that
		  is used within the applicable court system and thoroughly review materials that
		  are provided in an electronic format.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 38 - NEW

Current through June 11, 2024
The Department shall monitor and regularly assess whether
			 counties and attorneys meet the requirements set forth in sections 2 to 45,
			 inclusive, of this regulation and whether indigent defense services are being
			 provided in a constitutional manner. In conducting an assessment, the
			 Department may obtain information from a variety of sources, including, without
			 limitation:
1. Client
		  feedback;
2. Client
		  surveys;
3. Other providers of
		  indigent defense services;
4.
		  Office staff;
5. Judicial
		  personnel;
6. Observations of a
		  deputy director of the Department;
7. Data provided to the Department pertaining
		  to attorney workload;
8. Contracts
		  for the provision of indigent defense services;
9. Financial information pertaining to the
		  provision of indigent defense services; and
10. Information obtained through the
		  procedure for receiving complaints and recommendations concerning the provision
		  of indigent defense services established by the Board pursuant to paragraph (b)
		  of subsection 2 of NRS 180.320.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 39 - NEW

Current through June 11, 2024
An attorney who receives a salary for providing indigent defense
			 services is entitled to receive a reasonable salary, benefits and resources
			 that are in parity, subject to negotiated collective bargaining agreements if
			 applicable, with the corresponding prosecutor's office that appears adverse to
			 the office of public defender in criminal proceedings.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 41 - NEW

Current through June 11, 2024
If a public defender is disqualified from providing indigent
			 defense services and another attorney is selected in accordance with
			 NRS
			 7.115, as amended by section 5 of Assembly
			 Bill No. 480, chapter 380, Statutes of Nevada 2021, at page 2263:
1. The selected attorney must receive prompt
		  compensation in accordance with
		  NRS
		  7.125, as amended by section 6 of Assembly
		  Bill No. 480, chapter 380, Statutes of Nevada 2021, at page 2263. Activities
		  outside of court appearances, including, without limitation, directing
		  investigations, negotiating or tactical planning are to be considered equally
		  important to effective representation and must be included in the compensation
		  of the selected attorney.
2. A plan
		  for the provision of indigent defense services must include the process of the
		  county for the payment of counsel selected pursuant to
		  NRS
		  7.115, as amended by section 5 of Assembly
		  Bill No. 480, chapter 380, Statutes of Nevada 2021, at page 2263.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 42 - NEW

Current through June 11, 2024
1. The workload of an attorney must allow the
		  attorney to give each client the time and effort necessary to ensure effective
		  representation. Any office, organization or attorney who provides indigent
		  defense services shall not accept a workload that, by reason of its excessive
		  size, interferes with the attorney's competence, diligence or representation of
		  clients under the Nevada Rules of Professional Conduct.
2. A plan for the provision of indigent
		  defense services must provide details regarding how the county will comply with
		  any guidelines adopted by the Board which set forth the maximum workloads for
		  attorneys providing indigent defense services.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021; A
			 by
			 R033-23A,
			 eff. 12/15/2023
NRS
				180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 43 - NEW

Current through June 11, 2024
1. In a county whose population is less than
		  100,000, a plan must require caseload reporting by providers of indigent
		  defense services in the county. The plan must specify whether such reporting
		  will be done by each attorney or collectively by an office of public defender.
		  The plan must require such reporting to be made on an annual basis and include,
		  without limitation, the total number of:
(a)
		  Beginning pending cases;
(b) New
		  appointments;
(c) Cases returned
		  from warrant or reactivated;
(d)
		  Cases adjudicated, disposed or closed and the manner in which each case was
		  adjudicated, disposed or closed, including, without limitation, pursuant to a
		  plea, dismissal or verdict at trial;
(e) Warrant or placed on inactive status
		  cases;
(f) Cases set for
		  review;
(g) End pending
		  cases;
(h) Motions to suppress:
(1) Filed; and
(2) Litigated; and
(i) Trials completed during the reporting
		  period.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 44 - NEW

Current through June 11, 2024
1. Each county whose population is less than
		  100,000 shall include in its plan a requirement for time reporting by attorneys
		  who provide indigent defense services. Such a report must be submitted on an
		  annual basis and provide:
(a) The total
		  number of hours an attorney spent providing indigent defense services in each
		  case;
(b) The total number of hours
		  that investigators worked on each case;
(c) The total number of hours that staff
		  worked on each case;
(d) The total
		  number of hours that expert witnesses worked on each case; and
(e) The total number of hours an attorney
		  spent on any private workload.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 45 - NEW

Current through June 11, 2024
In a county whose population is less than 100,000, providers of
			 indigent defense services shall use the data collection and case management
			 system provided by the Department, at the expense of the State, for the
			 purposes of the caseload and time reporting required by sections 43 and 44 of
			 this regulation.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 202 - Concealed Firearms › Section 202.010 - Definitions

Current through June 11, 2024
As used in NAC 202.010 to 202.040, inclusive, unless the context otherwise requires:
1. "Concealed firearm" has the meaning ascribed to it in subsection 1 of NRS NRS 202.3653.
2. "Permit" has the meaning ascribed to it in subsection 3 of NRS NRS 202.3653.
Added to NAC by Dep't of Motor Veh. & Pub. Safety, eff. 9-6-96
NRS NRS 202.369
Nevada Administrative Code › Chapter 202 - Concealed Firearms › Section 202.040 - Combined form for permit and renewal

Current through June 11, 2024
The sheriff may combine the application form for a permit to carry a concealed firearm and the application form for the renewal of a permit to carry a concealed firearm into a single application form. If the application form for a permit to carry a concealed firearm and the application form for the renewal of a permit to carry a concealed firearm are combined into a single application form, the sheriff shall include a provision in the combined application form allowing the applicant to indicate whether the application is for a new permit or for the renewal of an existing permit.
Added to NAC by Dep't of Motor Veh. & Pub. Safety, eff. 9-6-96
NRS NRS 202.369
Nevada Administrative Code › Chapter 205 - Identity Theft Program Cards › Section 205.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 205.020 and 205.030 have the meanings ascribed to them in those sections.
Added to NAC by Att'y Gen. by R016-07, eff. 10-31-2007
NRS 205.4651
Nevada Administrative Code › Chapter 205 - Identity Theft Program Cards › Section 205.030 - "Identity theft program card" defined

Current through June 11, 2024
"Identity theft program card" has the meaning ascribed to it in NRS NRS 205.4651.
Added to NAC by Att'y Gen. by R016-07, eff. 10-31-2007; A by R004-11, 12-30-2011
NRS 205.4651
Nevada Administrative Code › Chapter 205 - Identity Theft Program Cards › Section 205.040 - Eligibility

Current through June 11, 2024
A person may apply for an identity theft program card if the person:
1. Is a victim of identity theft in this State; and
2. Has filed with a law enforcement agency a written report stating that the person is a victim of identity theft.
Added to NAC by Att'y Gen. by R016-07, eff. 10-31-2007; A by R004-11, 12-30-2011
NRS 205.4651
Nevada Administrative Code › Chapter 205 - Identity Theft Program Cards › Section 205.050 - Application

Current through June 11, 2024
1. At the time that a person files with a law enforcement agency a written report stating that the person is a victim of identity theft, the law enforcement agency shall provide to the person a pamphlet prepared by the Attorney General which contains an application for an identity theft program card.
2. If the person wishes to apply for an identity theft program card, any agency designated by the Attorney General shall:
(a) Assist the person in completing the application;
(b) Review the supporting documentation of the person to confirm the identity of the person;
(c) Refer the person to the Office of the Attorney General for review of the application; and
(d) Forward the completed application and a copy of the written report stating that the person is a victim of identity theft to the Office of the Attorney General for review.
Nevada Administrative Code › Chapter 205 - Identity Theft Program Cards › Section 205.070 - Approval or denial of application; issuance; activation

Current through June 11, 2024
1. The Attorney General will approve an application for an identity theft program card if the Attorney General determines that:
(a) The person applying for an identity theft program card is a victim of identity theft in this State;
(b) The person has filed with a law enforcement agency a written report stating that the person is a victim of identity theft; and
(c) The application is complete.
Nevada Administrative Code › Chapter 205 - Identity Theft Program Cards › Section 205.080 - Reports of issuance; verification of validity

Current through June 11, 2024
1. When the Attorney General is able to transfer electronically to the Division information concerning the issuance of an identity theft program card:
(a) The Attorney General will report to the Division the issuance of an identity theft program card.
(b) A law enforcement officer who is presented with an identity theft program card may verify the validity of the identity theft program card by accessing the repository of information concerning the issuance of identity theft program cards established and maintained by the Division.
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 211.020 to 211.080, inclusive, have the meanings ascribed to them in those sections.
Supplied in codification; A by Bd. of Health by R104-98, 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.020 - "Cell" defined

Current through June 11, 2024
"Cell" means a room used to confine not more than two inmates.
[Bd. of Health, Jails and Local Correctional Institutions, § 1.1, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.030 - "Dayroom" defined

Current through June 11, 2024
"Dayroom" means a room in which inmates are confined during the day and where they may read, write or carry on other activities.
Bd. of Health, Jails and Local Correctional Institutions, § 1.2, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.040 - "Dormitory" defined

Current through June 11, 2024
"Dormitory" means a room or an area used to confine three or more inmates.
[Bd. of Health, Jails and Local Correctional Institutions, § 1.3, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.050 - "Health authority" defined

Current through June 11, 2024
"Health authority" means the officers and agents of the Health Division of the Department of Health and Human Services or the officers and agents of local boards of health.
Bd. of Health, Jails and Local Correctional Institutions, § 1.4, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.060 - "Inmate" defined

Current through June 11, 2024
"Inmate" means any person confined in a local correctional institution.
Bd. of Health, Jails and Local Correctional Institutions, § 1.5, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.065 - "Lavatory" defined

Current through June 11, 2024
"Lavatory" means a basin with a faucet and drain that is used for washing the face or hands of a person.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.070 - "Local correctional institution" defined

Current through June 11, 2024
"Local correctional institution" means any penal facility used for confinement of persons or any facility used for detention of juveniles, which is operated by or under the supervision of a subdivision of the State. The term includes a jail.
Bd. of Health, Jails and Local Correctional Institutions, § 1.6, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.080 - "Unencumbered space" defined

Current through June 11, 2024
"Unencumbered space" means the space in a room that is not encumbered by furnishings or fixtures. The amount of such space in a room is determined by subtracting the square footage of any furnishings or fixtures, as placed in their ordinary operational position, from the total square footage of the room.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › GENERAL PROVISIONS › Section 211.100 - Severability

Current through June 11, 2024
If any part of this chapter is declared unconstitutional or invalid for any reason, it is the intention of the State Board of Health that the remainder of the regulations not be affected thereby, to the extent that the remainder can be given independent effect.
[Bd. of Health, Jails and Local Correctional Institutions, § 20.1, eff. 6-13-80]-(Substituted in revision for NAC 211.610 )
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.110 - Exemption of existing facilities and equipment

Current through June 11, 2024
If any facility or equipment being used by a local correctional institution on November 24, 1998, does not fully meet the requirements for design and construction of this chapter, the facility or equipment is exempt from those requirements and may be continued in use if it is in good repair, is capable of being maintained in a sanitary condition and creates no health hazard.
[Bd. of Health, Jails and Local Correctional Institutions, § 17.1, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.120 - Plan review of proposed construction or alteration

Current through June 11, 2024
1. Plans and specifications for alteration or new construction of any local correctional institution must be submitted to the appropriate health authority for review before work is begun.
2. Where a city, county or district health department is operated full time, plans and specifications must be submitted to that department for review before work is begun.
3. All such plans and specifications must:
(a) Show the layout of the building;
(b) Show the types of material to be used in the construction;
(c) Show the size and location of the fixed equipment and facilities; and
(d) Include complete plans for the plumbing, electrical and mechanical systems, with details for the heating, ventilating and cooling installations.
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.130 - Records of inspections

Current through June 11, 2024
Whenever the health authority makes an inspection of a local correctional institution, the inspector shall record his or her findings and provide the appropriate official of the institution with a copy of the report. The report must set forth the specific deficiencies found.
Bd. of Health, Jails and Local Correctional Institutions, § 19.1, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.210 - Separation of inmates by classification

Current through June 11, 2024
1. Except as otherwise provided in this subsection, cells and dormitories must be provided for adult males, adult females, male juveniles and female juveniles. Juveniles who have been certified as adults may be considered adults for the purposes of classification.
2. Inmates housed in each separate class of cell or dormitory must not be able to enter another class of cell or dormitory, see into another class or hear sounds made in another class which are of a normal volume.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 3.4 & 3.4.1, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.215 - Separate unit for confinement of intoxicated inmates; required equipment

Current through June 11, 2024
1. A separate unit for confinement of intoxicated inmates must be provided in each confinement facility used to confine inmates who may be intoxicated.
2. Each separate unit must be equipped with:
(a) A stationary bed;
(b) A drinking fountain;
(c) A toilet of modern type suitable for prison use;
(d) A drain which is installed level with the floor and which has a flushing action similar to a toilet; and
(e) A lavatory with a drain adequate to accommodate the refuse commonly associated with such units.
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.220 - Separate cells for confinement of certain inmates with mental illness or mental retardation

Current through June 11, 2024
Separate cells must be provided for confinement of inmates with mental illness or mental retardation whose adaptation to the correctional environment is significantly impaired.
[Bd. of Health, Jails and Local Correctional Institutions, § 3.5, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.225 - Cell or sleeping area

Current through June 11, 2024
Each cell or sleeping area in which inmates are confined must:
1. Have at least 35 square feet (3.25 square meters) of unencumbered space;
2. Have a ceiling which is at least 8 feet (244 centimeters) above the floor;
3. Contain a bed; and
4. Contain an area for a storage of inmates' personal belongings, including clothing and towels.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 3.1, 3.1.1, 3.1.2, 3.1.3 & 3.1.4, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.230 - Dormitories

Current through June 11, 2024
Each dormitory must:
1. Have a ceiling which is at least 8 feet (244 centimeters) above the floor.
2. Have at least 25 square feet (2.32 square meters) of unencumbered space per inmate.
3. Not serve, at any one time, more inmates than is recommended in the
Standards for Adult Local Detention Facilities
, 3rd Edition, published by the American Correctional Association. A copy of the
Standards for Adult Local Detention Facilities
may be obtained from the American Correctional Association, Division of Communications and Publications, 4380 Forbes Boulevard, Lanham, Maryland 20706-4322, at a price of $35, plus $7.25 for shipping and handling.
4. Contain a bed for each inmate; and
5. Contain an area for storage of inmates' personal belongings, including clothing and towels.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4 & 3.2.5, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.232 - Dayroom

Current through June 11, 2024
Each dayroom must:
1. Not including any space for lavatories, showers or toilets:
(a) Contain at least 100 square feet (9.29 square meters) of space; and
(b) Provide a minimum of 35 square feet (3.25 square meters) of unencumbered space per inmate for the maximum number of inmates who use the dayroom at any one time; and
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.235 - Medical and dental examining room

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, a medical and dental examining room, which is physically and visually separated from dayrooms and dormitories, must be provided.
2. A medical and dental examining room may be located at a hospital, clinic or other appropriate facility that is not on the premises of the local correctional institution.
[Bd. of Health, Jails and Local Correctional Institutions, § 3.6, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.236 - Exercise and recreation

Current through June 11, 2024
An area for exercise and recreation for inmates must be provided. The area must allow 15 square feet (1.40 square meters) of unencumbered space per inmate for the maximum number of inmates who use the area at any one time.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.237 - Space for visiting of inmates and contact visits

Current through June 11, 2024
Sufficient space must be provided to allow for visiting of inmates. If contact visits are allowed, sufficient space must be provided for such visits.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.238 - Space for educational and multiple purposes

Current through June 11, 2024
Sufficient space must be provided for educational and multiple purposes, including, but not limited to, the attendance by inmates of religious services or educational or counseling programs.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.239 - Space for storage of items served in commissary or canteen

Current through June 11, 2024
If the local correctional institution contains a commissary or canteen, sufficient space must be provided for safe storage of the items served.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.245 - Personal property storage

Current through June 11, 2024
Space must be provided for the secure storage of personal property of newly admitted inmates. The space must allow storage of large and small personal items and street clothing.
Bd. of Health, Jails and Local Correctional Institutions, § 3.7, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.250 - Janitors' closets

Current through June 11, 2024
Janitors' closets must be provided, and each closet must be equipped with a mop sink and cleaning implements. Each sink must be provided with hot and cold water and a mixing valve.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 3.8 & 3.8.1, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.255 - Laundry facilities

Current through June 11, 2024
1. The operator of each institution shall provide adequate facilities and services for handling, storing and transporting soiled and clean linen and clothing.
2. Laundry services must be managed so that inmates receive clean clothing weekly or more often if necessary and so that clothing is not damaged or lost.
3. Provision must be made for thorough cleaning and disinfecting of inmates' personal clothing when necessary before storage.
Bd. of Health, Jails and Local Correctional Institutions, §§ 10.1, 10.2 & 10.3, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.260 - Barbering and cosmetology services

Current through June 11, 2024
If facilities for barbering and cosmetology are available in the institution, the facilities must be operated and maintained in a sanitary manner.
[Bd. of Health, Jails and Local Correctional Institutions, § 12.1, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.310 - Lighting

Current through June 11, 2024
1. Lighting must be made available to all areas of the facility used for confinement and must be equal to 20 foot-candles to permit observation, proper cleaning and maintenance.
2. All light fixtures must be kept clean and in good repair.
3. Light fixtures must be protected against the possibility of intentional breakage.
4. Each cell, dayroom and dormitory room must be provided with natural or artificial light of at least 20 foot-candles at desk level and in areas used for personal grooming.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 4.1, 4.2, 4.3 & 4.4, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.315 - Equipment to maintain essential lights, power and communications in emergency

Current through June 11, 2024
A local correctional institution must have the equipment necessary to maintain essential lights, power and communications in the event of an emergency.
Added to NAC by Bd. of Health by R104-98, eff. 11-24-98
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.320 - Heating and cooling equipment: Ventilation and temperature standards

Current through June 11, 2024
1. Standard heating equipment, which operates automatically and furnishes adequate heat, must be provided.
2. The heating system must not constitute a fire or safety hazard.
3. Cells, dormitories, dayrooms and other areas of local correctional institutions used to house inmates must be heated so that the temperature of the air inside the institution does not fall below 65 degrees Fahrenheit. These areas must be provided with a ventilating system which is maintained to prevent the inside air temperature from rising above 85 degrees Fahrenheit.
4. Cells, dormitories and dayrooms must be provided with natural or mechanical ventilation which admits fresh air and is sufficient to prevent the accumulation of odors, smoke, dust, harmful gases and other contaminants.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 5.1, 5.2, 5.3 & 5.4, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.340 - Bedding

Current through June 11, 2024
1. Each inmate who is detained overnight in a local correctional institution must be furnished:
(a) An approved flame-retardant and water-repellent mattress and pillow;
(b) A sheet or a cloth mattress cover; and
(c) A blanket, unless in the judgment of the jailer or other person in charge of the institution, an item would constitute a hazard to the institution or the inmate because of the behavior, mental condition or intoxication of the inmate.
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.350 - Personal supplies for inmates

Current through June 11, 2024
1. An inmate who is detained for more than 12 hours must be provided with a clean cloth towel for that period and a clean towel for each week he or she is detained thereafter.
2. An inmate who will be detained for more than 12 hours must be given soap, a toothbrush, toothpaste or powder, a comb and toilet paper when he or she is admitted.
3. Shaving equipment must be made available to an inmate at scheduled intervals as determined by the operator of the institution.
4. The operator of the institution shall meet the hygienic needs of all inmates.
5. Inmates assigned to special work areas must be provided with suitable clothing for their assigned work area. If necessary for the protection of the inmate, the inmate must be provided with suitable protective equipment, including, but not limited to, a face mask, gloves, a protective helmet or eye protection.
6. Hygienic items capable of transmitting disease among inmates must not be distributed by the operator of the institution for common use by inmates.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 14.1, 14.2, 14.3, 14.4 & 14.5, eff. 6-13-80]9-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.410 - Institutional cleanliness

Current through June 11, 2024
All floors, walls, ceilings and equipment in buildings used for confinement must be constructed of materials which are easily cleaned, and be kept sanitary and in good repair. All areas must be kept neat, clean, dry and free from litter.
Bd. of Health, Jails and Local Correctional Institutions, § 9.1, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.420 - Food service

Current through June 11, 2024
1. Each local correctional institution must comply with the provisions concerning food service in chapters 446, 583, 584 and 585 of NRS.
2. If food for the inmates is not prepared by the institution, the food must be obtained from a commercial establishment which holds a valid permit from the appropriate health authority.
3. Any vehicle which transports food to the institution must be approved by the appropriate health authority.
Bd. of Health, Jails and Local Correctional Institutions, §§ 16.1, 16.2 & 16.2.1, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.430 - Vermin control

Current through June 11, 2024
1. The operator of each local correctional institution must take effective measures to eliminate rodents, flies, cockroaches and other vermin. The premises of each facility used for confinement must be free of vermin at all times and must be kept in such a condition as will prevent the harboring or breeding of vermin.
2. Openings to the outside must be effectively protected against the entrance of rodents, insects and other vermin by installation of tight-fitting, self-closing doors, closed windows and screening, and by providing controlled air currents or other means.
3. Screen doors must be self-closing, and screens for windows, doors, skylights, transoms and other openings to the outside must be tight-fitting and free of breaks.
4. Screening material must not be larger than 16 mesh (16 open spaces per inch).
Bd. of Health, Jails and Local Correctional Institutions, §§ 7.1, 7.1.1, 7.1.2, 7.2, 7.3 & 7.4, eff. 6-13-80
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.440 - Accident prevention: Burns, falls, electrical shocks

Current through June 11, 2024
1. The design, maintenance and arrangement of facilities, including surface finishes, must minimize hazards of falls, slipping and tripping.
2. Protection must be provided against all electrical hazards, including shocks and burns.
3. Facilities must be provided for safe and proper storage of drugs, insecticides, flammable liquids, poisons, detergents and other deleterious substances.
4. All hot water outlets in areas of confinement must have controls to prevent the distribution of water at a scalding temperature.
5. Questions concerning the use and control of any substance must be resolved by consulting the Material Data Safety Sheet for the substance.
[Bd. of Health, Jails and Local Correctional Institutions, §§ 8.1, 8.2, 8.3, 8.4 & 2.7, eff. 6-13-80]-(NAC A by R104-98, 11-24-98)
NRS 444.335
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.445 - Policies and procedures for prevention of fire

Current through June 11, 2024
1. A local correctional institution must establish written policies and procedures for the prevention of fire to ensure the safety of staff, inmates and visitors. The policies and procedures must include, but are not limited to, provisions which ensure that:
(a) The institution receives adequate fire protection service;
(b) Inspection and testing of equipment for fire prevention is conducted at least quarterly by the institution;
(c) An annual inspection is conducted by the appropriate local or state fire officials or other qualified persons; and
(d) Equipment for the suppression and detection of fire is available at approved locations throughout the institution.
Nevada Administrative Code › Chapter 211 - County and City Jails › REQUIREMENTS FOR FACILITIES › Section 211.450 - Industrial activities: State standards apply

Current through June 11, 2024
All industrial activities carried on in local correctional institutions must comply with standards of sanitation which are applicable to similar activities conducted by private enterprise.
Bd. of Health, Jails and Local Correctional Institutions, § 11.1, eff. 6-13-80
NRS 444.335