AB 183 — Prohibits certain correctional services from being provided by private entities. (BDR 16-290)

(ReprintedAssembly withBill amendmentsNo. adopted on April 16, 2019) FIRST REPRINT A.B.

183183–Assemblymen AMonroe-Moreno, SSEMBLYAssefa, BILLFrierson, NOThompson, .Flores;

183–ABackus, SSEMBLYMENBilbray-Axelrod, MCarlton, ONROECarrillo, -MCohen, ORENODuran, ,Fumo, AMcCurdy, SSEFA,Miller, FMunk, RIERSON,Spiegel Tand HOMPSONWatts ,Joint FSponsors: LORES;

BSenators ACKUSBrooks, ,D. B ILBRAY-A XELROD , C ARLTON , CARRILLO , C OHEN , D URAN , FUMO , MCC URDY , MILLER, MUNK , SPIEGEL AND W ATTS F EBRUARY 18, 2019 ____________ JOINT SPONSORS :

ENATORSHarris Band ROOKSCancela ,CHAPTER.......... D.

HARRIS AND CANCELA ____________ Referred to Committee on Judiciary SUMMARY—Prohibits certain correctional services from being provided by private entities.

(BDR 16-290) 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 3 of this bill, section 2 of this bill administrativerequires: and direct operational control of the State or a local government, ase applicable;

(1) state and (2)local servicesprisons, relatingjails and detention facilities to thebe housing,under safeguarding,the protectingadministrative and direct operational control of the State or a local government, as disciplining of prisoners to be performed by employees of the State or a local and government and not by private entities.

Section 3 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 reducing overcrowding in prisons.

Section 3 requires such a private entity to comply with certain requirements for housing, custody, medical and mental health treatment, and programming.

Section 3 sets forth certain requirements governing the transfer of aad prisoner to a facility that is located outside of this State.

Finally, section 3 requires the -ensure *AB183_R1*the –compliance 2of –such Departmententities towith conductthe biannualterms on-site inspections of facilitiesthe ofcontract.ivate private entities to ensureEXPLANATION the– complianceMatter ofin suchbolded entitiesitalics withis thenew; terms of the contract.

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

- 80th Session (2019) – 2 – 2.

The Department of Corrections may enter into one or more contracts with one or more private entities to perform core correctional services to promote the safety of prisoners, employeesprisons.s of prisons and the public by reducing overcrowding in prisons.2.

2.

The Director of the Department of Corrections shall, on or before December 31 of each year, prepare and submit to the - *AB183_R1* – 3 – Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission a report which includes, without limitation, the number of prisoners who are housed outside of this State and, for each such prisoner:

and - 80th Session (2019) – 3 – (h) The date on which the prisoner is projected to be released by expiration of his or her term of sentence or by parole.

As used in this section, “core correctional services” means the housing, safeguarding, protecting and disciplining of prisoners.priSec.

209.1414. The Director may, with the approval of the Board [,] and except as otherwise provided in section 2 of this act, enter into organizations to carry out the purposes of this chapter.vate Sec.

NRS 209.141 is hereby amended to read as follows:

209.141 The Director may, with the approval of the Board [,] and except as otherwise provided in section 2 of this act, enter into agreements with other governmental agencies and with private organizations to carry out the purposes of this chapter.

Sec.

The Director may consult with the Division before entering into a contract with a public or private entity pursuant to subsectionsub3. 1.

3.

- *AB183_R1* – 4 – (a) Any of the services provided pursuant to subsection 1;

- 80th Session (2019) – 4 – 5.

(d) Provide to the Division, if appropriate, a list of the parolees who have completed or are currently participating in a program of ser(e) Provide to any offender or parolee who completes a program of services provided by the entity pursuanta certificate of completion, and provide a copy of such a certificate to anythe grantDivision received.or the Department, as appropriate.

(e)(f) Provide to any offender or parolee who completes a program of services provided by the entity a certificate of completion, and provide a copy of such a certificate to the Division or the Dep(f) To the extent financially practicable and necessary, assess the risk levels and needs of offenders and parolees by using a validated ass(g)assessment Sharetool. with the Director information concerning assessments of the risk levels and needs of offenders and parolees so the Director can ensure that adequate assessments are being conducted.

(g) Share with the Director information concerning assessments of the risk levels and needs of offenders and parolees so the Director can ensure that adequate assessments are being conducted.

and (3) Issues relating to offenders and parolees who receive services from an entity and are subsequently convicted of another crime.

- *AB183_R1* – 5 – (b) Improving human relationships;

- 80th Session (2019) – 5 – Sec.