Nevada 2021 Regular Session Status: Enacted

SB 22 — Makes various changes relating to correctional institutions. (BDR 16-262)

Last action — Approved by the Governor. Chapter 319.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

547 added · 585 removed

Plain-language change summary

The latest version of Senate Bill No. 22 adds provisions that allow the Department of Corrections to create a package program for certain offenders and requires the director to provide monthly statements about offenders' accounts. Additionally, it updates how deductions from offenders' accounts and wages are prioritized. This matters because it enhances transparency for offenders regarding their finances and ensures that restitution to victims is prioritized, aligning with constitutional rights.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.
Senate Bill No.
22 S ENATE B ILLN O.
22–Committee on Judiciary CHAPTER..........
22–COMMITTEE ON JUDICIARY (O N BEHALF OF THE DEPARTMENT OF C ORRECTIONS ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to correctional institutions.
(BDR 16-262) 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.
The Nevada Constitution entitles a victim of crime to full and timely restitution and requires that all monetary payments, money and property collected from any person ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim.
The Nevada Constitution entitles a victim of crime to full and timely restitution person ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim.
1, § 8A) fund.
1, § 8A) Under existing law, the Prisoners’ Personal Property Fund is created as a trust fund.
With certain exceptions, an offender in an institution or a facility of thet Department of Corrections is required under existing law to deposit all money received by the offender during incarceration in an individual account in the Fund.
With certain exceptions, an offender in an institution or a facility of the Department of Corrections is required under existing law to deposit all money received by the offender during incarceration in an individual account in the Fund.
The Director of the Department is also required under existing law to deposit in the Fund the net wages after certain deductions that are earned by an offender during 209.241) With certain exceptions, existing law authorizes the Director of theS Department of Corrections to make certain deductions from the individual account - *SB22_R1* – 2 – meet an existing obligation for restitution to a victim.
The Director of the Department is also required under existing law to deposit in the incarceration and valuables of an offender received during incarceration.
(NRSing 209.241) With certain exceptions, existing law authorizes the Director of the Department of Corrections to make certain deductions from the individual account of an offender or from the gross wages of an offender, including a deduction to meet an existing obligation for restitution to a victim.
(2) the wages of an offender whose hourly wage is equal to or greater than the federal minimum wage;
(2) the wages of an offender whose hourly wage is equal to or greater than the federal minimum minimum wage.
or (3) the wages of an offender whose hourly wage is less than the federal minimum wage.
addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following:
For deductions from the individual account of the offender, section 1.9, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following:
For deductions from the wages of an offender whose hourly wage is equal to or greater than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following:
greater than the federal minimum wage, section 2, in addition to the change in or priority of the deduction concerning restitution, revises the order of priority of the following:
(3) (4) the deduction to repay certain costs or to defray certain expenses.titution;
(3) the deduction to offset the cost of maintaining the offender in the institution;
and For deductions from the wages of an offender whose hourly wage is less than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following:
and (4) the deduction to repay certain costs or to defray certain expenses.
- 81st Session (2021) – 2 – For deductions from the wages of an offender whose hourly wage is less than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following:
(5) the deduction for the fee imposed for genetic marker analysis;
(5) the deduction for the fee the release or funeral of the offender.d (6) the deduction for expenses related to Existing law establishes various duties of the Director relating to the individual accounts of offenders.
and (6) the deduction for expenses related to theExisting law establishes various duties of the Director relating to the individual accounts of offenders.
(1) authorizes the Department to adopt regulations necessary for the Director to carry out the provisions of law relating to deductions from the individual account of offenders and from the wages of offenders;
(1) authorizes the Department to adopt regulations from the individual account of offenders and from the wages of offenders;
and (2) Nevada Administrative Procedure Act.
and (2)ons requires such regulations to be adopted in accordance with the provisions of the Nevada Administrative Procedure Act.
Section 1.1 authorizes the Director or the Medical Director to prohibit an offender from participating in the package program under certain circumstances.
Section 1.1 authorizes the Director or the Medical Director to prohibit an offender from participating in the package program under received through the package program are not subject to deductions relating toages individual accounts of offenders.
Finally, section 1.1 provides that the contents of packages received through the package program are not subject to deductions relating to individual accounts of offenders.
Section 1.5 of this bill makes a conforming change relating to the revised order of priority for deductions made from the individual account of offenders and from the wages of offenders.
Section 1.5 of this bill makes a conforming change relating to the revised order the wages of offenders.ons made from the individual account of offenders and from - *SB22_R1* – 3 – THE 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:
(a) The offender is receiving medical care from the Medical Director;
- 81st Session (2021) – 3 – (a) The offender is receiving medical care from the Medical Director;
4.
participating in the package program are not subject to any deduction described in NRS 209.247.
The contents of a package received by an offender participating in the package program are not subject to any deduction described in NRS 209.247.
(b) “Disciplinary segregation” means the separation of an an offender has committed a serious violation of the rules of an facility or an institution.
(b) “Disciplinary segregation” means the separation of an offender from the general population for a specified period when an offender has committed a serious violation of the rules of a facility or an institution.
Sec.
necessary to carry out the provisions of NRS 209.247 and 209.463.s 2.
1.3.
1.
The Department may adopt regulations necessary to carry out the provisions of NRS 209.247 and 209.463.
- *SB22_R1* – 4 – 2.
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(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;
- 81st Session (2021) – 4 – (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;
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;
the training of (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;
Upon approval of the appropriate committee or committees, the money may be so expended.
Upon approval of the expended.te committee or committees, the money may be so 4.
4.
- *SB22_R1* – 5 – 5.
5.
The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners’ Personal Property Fund, which is hereby created as a trust fund.
The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the - 81st Session (2021) – 5 – Prisoners’ Personal Property Fund, which is hereby created as a trust fund.
(c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source other than the offender’s wages.
(c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source oth(d) Shall provide each offender with a monthly statement concerning the individual account of the offender.
(d) Shall provide each offender with a monthly statement concerning the individual account of the offender.
and (b) Must be provided to the offender:
and (b) (1) Electronically, free of charge;
- *SB22_R1* – 6 – (1) Electronically, free of charge;
(a) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offender’s share of the cost of administering the Prisoners’ Personal Property Fund.
- 81st Session (2021) – 6 – Prisoners’ Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offender’s share of the cost of administering the Prisoners’ Personal Property Fund.
A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.
A person who aids or encourages an offender not to of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.
Except as otherwise provided in NRS 209.2475 [,] and subsection 4 of section 1.1 of this act and subject to the limitation set forth in subsection 2, the Director may make the [following] deductions [, in the following order of priority,] described in subsection 3 from any money deposited in the - *SB22_R1* – 7 – individual account of an offender from any source other than the offender’s wages .
Except as otherwise provided in NRS 209.2475 [,] and subsection 4 of section 1.1 of this act and subject to the [following] deductions [, in the following order of priority,]e described in subsection 3 from any money deposited in the individual account of an offender from any source other than the offender’s wages .
(1) An amount the Director [deems] considers reasonable [for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260.
- 81st Session (2021) – 7 – (1) An amount the Director [deems] considers reasonable [for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260.
2.] to meet an existing obligation of the offender for restitution to a victim of his or her crime;
to a victim of his or her crime;ation of the offender for restitution (2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of the offender’s family ;
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of the offender’s family ;
(6) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260;
(6) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the NRS 217.260;
(7) An amount the Director considers reasonable to [meet an existing obligation of] pay the balance of any fee imposed upon the offender for [restitution to a victim of his or her crime.] genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915;
of Victims of Crime created pursuant to (7) An amount the Director considers reasonable to [meet an existing obligation of] pay the balance of any fee imposed upon the offender for [restitution to a victim of his or her crime.] genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915;
[7.] (8) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime - *SB22_R1* – 8 – committed in this state for which the offender was previously convicted [.
[7.] (8) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [.
An] , and any amount deducted from a source other than the wages earned by the offender during his or her incarceration, pursuant to this [subsection,] subparagraph, must be submitted:
An] , and any amount deducted from a source other than the wages earned by the offender during his or her - 81st Session (2021) – 8 – submitted:ion, pursuant to this [subsection,] subparagraph, must be [(a)] (I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated [.
[(a)] (I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated [.
and (9) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [.
and (9) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against offender was previously convicted [.
An] , and any amount deducted from any source other than the wages earned by the offender during his or her incarceration, pursuant to this [subsection,] subparagraph, must be submitted:
An] , and any amounth the deducted from any source other than the wages earned by the offender during his or her incarceration, pursuant to this [subsection,] subparagraph, must be submitted:
An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker pursuant to NRS 176.0915.the judgment entered against the offender The Director shall determine the priority of any] ;
 The Director shall determine the priority of any] ;
- *SB22_R1* – 9 – Sec.
Sec.
Except as otherwise provided in NRS 209.2475, and subject to the limitation set forth in subsection 2, the Director may make the [following] deductions [, in the following order of priority,] described in subsection 3 or 4, as applicable, from the wages earned by an offender from any source during the offender’s incarceration .
Except as otherwise provided in NRS 209.2475, and subject to the limitation set forth in subsection 2, the Director - 81st Session (2021) – 9 – priority,] described in subsection 3 or 4, as applicable, from the wages earned by an offender from any source during the offender’s incarceration .
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family ;
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family(3) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries ;
(3) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries ;
(f)] (5) A deduction pursuant to NRS 209.246 ;
[.
(7) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the - *SB22_R1* – 10 – offender dies before his or her release, to defray expenses related to arrangements for his or her funeral ;
(7) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral ;
(h)] (8) An amount the Director considers reasonable [to meet an existing obligation of the offender for restitution to any victim of his or her crime.] for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
- 81st Session (2021) – 10 – an existing obligation of the offender for restitution to any victim of his or her crime.] for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
[(1)] (I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated [.
assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated [.
and (11) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [.
and (11) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the deducted from the wages of the offender pursuant to thist [paragraph] subparagraph must be submitted:
An] , and any amount deducted from the wages of the offender pursuant to this [paragraph] subparagraph must be submitted:
or (II) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court - *SB22_R1* – 11 – that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid [.
or (II) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court - 81st Session (2021) – 11 – assessment is owing, until the balance owing has been paid [.ive The Director shall determine the priority of any] ;
 The Director shall determine the priority of any] ;
[(b)] (2) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries ;
[(b)] (2) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to but only if the offender is employed through a program for prison, industries ;
(f) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(f) An amount the Director considers reasonable to pay the analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(6) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offender’s release or, if the offender dies before the offender’s release, to defray expenses related to arrangements for the offender’s funeral ;
(6) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offender’s release or, if the - 81st Session (2021) – 12 – related to arrangements for the offender’s funeral ;
[.] - *SB22_R1* – 12 – (7) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
[.]xpenses (7) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
(a) The Governor.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
Business and Industry acting to enforce the provisions ofment of NRS 618.375.
(n) The Cannabis Compliance Board.
- 81st Session (2021) – 13 – 2.) TExcept as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
2.
Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional - *SB22_R1* – 13 – Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
and (d) NRS 90.800 for the use of summary orders in contested cases, prevail over the general provisions of this chapter.
and cases, NRS 90.800 for the use of summary orders in contested prevail over the general provisions of this chapter.
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
pursuant to NRS 388.255 or 394.1694;tate Board of Education (d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the - 81st Session (2021) – 14 – Department of Health and Human Services pursuant to NRS 217.130;
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nev(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive.
or - *SB22_R1* – 14 – (h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive.
The State Board of Parole Commissioners is subject to the not with respect to any contested case.ose of adopting regulations but Sec.
The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec.
H - *SB22_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 319.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate. To enrollment.

  4. Taken from General File. Placed on General File for next legislative day.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Do pass. Declared an emergency measure under the Constitution. Taken from General File. Placed on General File for next legislative day.

  9. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  10. From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  11. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 349.) Taken from General File. Re-referred to Committee on Finance. To printer.

  13. Notice of eligibility for exemption.

  14. Read first time. To committee.

  15. From printer.

  16. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

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SB 22 is sponsored by Senate Committee on Judiciary.
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This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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