AB 420 — Revises provisions governing the use of electronic devices by offenders. (BDR 16-1073)

REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§ 1) (Reprinted to remove amendment receded from on June 5, 2017) THIRD REPRINT A.B.

420420–Assemblyman AOhrenschall SSEMBLYCHAPTER.......... B ILLN O.

420–A SSEMBLYMAN O HRENSCHALL M ARCH 27, 2017 ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions governing the use of electronic devices by offenders.

(BDR 16-1073) 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.

Existing law requires that money received for the benefit of offenders through contributions, that is not required to be deposited elsewhere, be placed in theghthe Offenders’ Store Fund and expended for the welfare and benefit of all offenders sentenced to imprisonment in the state prison.

(NRS 209.221) Section 1 of this bill authorizes the Director of the Department of Corrections, with approval of the Board of State Prison Commissioners, to establish by regulation a charge on the use costsby offenders of operatingvideoconferencing andequipment maintainingfor suchconducting equipment.nducting visits to defray the Existingcosts lawof prohibitsoperating offendersand frommaintaining havingsuch accessequipment. to telecommunications devices except under certain circumstances.

(NRSExisting 209.417)law Sectionprohibits 2offenders offrom thishaving billaccess authorizes an offender to use an approved telecommunications devicedevices toexcept conductunder certain visitscircumstances. and correspondence.

(NRS 209.417) Section 2 alsoof this bill authorizes thean Departmentoffender to enteruse an approved telecommunications device to conduct into an agreement with an offender allowing the offender to use aaDepartment andto educational,enter vocationaltelecommunications anddevice legalfor research.relatedcertain purposes related to correctional activities -and *AB420_R3*educational, –vocational 2and –legal THEresearch. PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 79th Session (2017) – 2 – 3.

4.Personal Property Fund, the Director may, after obtaining thesoners’ approval of the Interim Finance Committee, authorize the State Controller to transfer money from the Offenders’ Store Fund to the Prisoners’ Personal Property Fund, and the State Controller shall make the transfer.

If necessary to cover a shortfall of money in the Prisoners’ Personal Property Fund, the Director may, after obtaining the approval of the Interim Finance Committee, authorize the State Controller to transfer money from the Offenders’ Store Fund to the Prisoners’ Personal Property Fund, and the State Controller shall make the transfer.

- *AB420_R3* – 3 – (a) The Director has reason to believe that an offender caused the(b) The identity of the damage,offender destruction,is lossunknown or injury;cannot be determined by the Director with reasonable certainty.

and (b) The identity of the offender is unknown or cannot be determined by the Director with reasonable certainty.

Any regulations adopted pursuant - 79th Session (2017) – 3 – to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.

The Director may, with approval of the Board, establish by regulation a charge on the purchase of electronic devices by offendersThe toDirector defrayshall utilize the costsproceeds relatingcollected tofrom the operationchargevices. of the devices.

The Director shall utilize the proceeds collected from the charge established for operation of the devices to offset the energy costs of the facilities within the Department.

The State Controller shall make the transfer if authorizedaccounted byfor theseparately. Director.

Any money transferred must be - *AB420_R3* – 4 – accounted for separately.

- 79th Session (2017) – 4 – [11.] 12.

An offender who conceals assets from the Department or provides false or misleading information on a statementmisdemeanor.epared prepared pursuant to this section is guilty of a gross misdemeanor.[13.] 14.

[13.] 14.

- *AB420_R3* – 5 – (a) An offender authorizing the offender to use a telecommunications device to facilitate or participate in correctional activities or to perform educational, vocational or legal research, subject to the limitations set forth in NRS 209.419;

- 79th Session (2017) – 5 – [(1)] (I) Obtaining educational or vocational training that is approved by the Department;

[(b)] (2) For any other purpose if a telecommunications device is required by an employer of the offender to perform essential job functions.

A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device.

A personpersontor who violates this subsection is guilty of a misdemeanor.

A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be - *AB420_R3* – 6 – or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device.

A prisoner - 79th Session (2017) – 6 – who violates this subsection and who is in lawful custody or confinement for a charge, conviction or sentence for:

(b)(c) A gross misdemeanor is guilty of a grossmisdemeanor.misdemeanor. misdemeanor.

(c) A misdemeanor is guilty of a misdemeanor.

A sentence imposed upon a prisoner pursuant to subsection 3 or 4: