AB 303 — Requires that core correctional services be provided only by the State or a local government with certain exceptions. (BDR 16-1103)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

303303–Assemblymen AMonroe-Moreno, SSEMBLYOhrenschall, BCarrillo, ILLDiaz, NOYeager; .

303–AAraujo, SSEMBLYMENBilbray- MAxelrod, ONROECohen, -MORENODaly, ,Frierson, OHRENSCHALLFumo, ,McCurdy CII, ARRILLO,Miller, DNeal IAZ,and YThompson EAGERJoint ;Sponsors:

ASenators RAUJO,Segerblom, BILBRAYSpearman, -AXELRODFord; , COHEN , D ALY, F RIERSON, FUMO , M CCURDY II, ILLER, EAL AND THOMPSON M ARCH 16, 2017 ____________ JOINTSPONSORS :

ENATORS SEGERBLOM , S PEARMAN , ORD ;AND CANCELA ____________ Referred to Committee on Corrections, Parole, and ProbationCancela SUMMARY—RequiresCHAPTER.......... that core correctional services be provided only by the State or a local government with certain exceptions.

(BDR 16-1103) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise authorized by section 1.7 of this bill, section 1.3 of this billprisoners requires:to be under the administrative and direct operational control of the Statese or a local government, as applicable;

(1) state and local prisons, jails and detention facilities which house prisoners to be under the administrative and direct operational control of the State or a local government, as applicable;

Section 1.3 also otherwiseprohibits authorizedthe byperformance sectionof 1.7.rrectionalcore correctional services by private entities except as Sectionotherwise 1.7authorized authorizes the Department of Corrections, until June 30, 2022, to enter into contracts with private entities to perform core correctional services to promote the safety of prisoners, employees of prisons and the public by reducingsection overcrowding1.7. in prisons.

enter into contracts with private entities to perform core correctional services to promote the safety of prisoners, employees of prisons and the public by reducing overcrowding in prisons.

Section 1.7 also requires - *AB303_R1* – 2 – the Director of the Department to prepare and submit for transmittal to the Legislative Commission an annual report which includes certain informationinformatione requiresrelating the Department to conductprisoners biannualwho on-siteare inspectionshoused ofoutside facilities of privatethis entitiesState. to ensure the compliance of such entities with the terms of the contract.

THEFinally, PEOPLEsection OF1.7 THErequires STATEthe OFDepartment NEVADA,to REPRESENTEDconduct INbiannual SENATEon-site ANDinspections ASSEMBLY,of DOfacilities ENACTof ASprivate FOLLOWS:entities to ensure the compliance of such entities with the terms of the contract.

SectionEXPLANATION 1.– Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PSENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

IN Section 1.

(a) 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 local - 79th Session (2017) – 2 – government, as applicable.

(b) The core correctional services of a prison must not be performedper2.rmeA bycondition, stipulation or provision in a privatecontract entity.that conflicts with this section is against the public policy of this State and is void and unenforceable.

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.

- *AB303_R1* – 3 – (a) The Department must give first priority for any such transfer to a prisoner who is not a permanent resident of this State and who meets such other qualifications for such a transfer as arearete established by the Director of the Department;

- 79th Session (2017) – 3 – (d) The category of offense for which the prisoner was convicted;

(f) Any programs which are available to the prisoner;

andander; (h) The date on which the prisoner is projected to be released by expiration of his or her term of sentence or by parole.

(h) The date on which the prisoner is projected to be released by expiration of his or her term of sentence or by parole.

(b)(c) TreatmentTraining pertainingin tolife substanceskills;substance abuse or mental health;

(c)(d) TrainingVocational inrehabilitation lifeand skills;job skills training;

- *AB303_R1* – 4 – (d) Vocational rehabilitation and job skills training;

- 79th Session (2017) – 4 – 4.

Money received pursuant to this subsection may be deposited with the State Treasurer for credit to the Account for ReentryNRS Programs480.810.rams in the State General Fund created by NRS5. 480.810.

5.

(h) While the entity is providing services pursuant to the contract, meet annually with the Director, a representative of the Division, and other entities that have entered into a contract with the Director pursuant to subsection 1 to discuss, without limitation:

- *AB303_R1* – 5 – (2) Issues relating to the reentry of offenders and parolees into the community and reducing the risk of recidivism;

- 79th Session (2017) – 5 – (d) Maintaining emotional and physical health;