AB 121 — Revises provisions relating to incarcerated persons. (BDR 16-138)

(ReprintedAssembly withBill amendmentsNo. adopted on April 11, 2023) FIRST REPRINT A.B.

121121–Assemblywomen AConsidine, SSEMBLYAnderson, BILLBilbray-Axelrod, NGonzález O.and Summers-Armstrong Joint Sponsor:

121–ASenator SSEMBLYWOMENNguyen CCHAPTER.......... ONSIDINE , A NDERSON , BILBRAY -A XELROD , G ONZÁLEZ AND SUMMERS -A RMSTRONG F EBRUARY 9, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to incarcerated persons.

(BDR 16-138) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

authorizing the Director of the Department to adopt regulations exempting the Department from the requirement to provide incarcerated persons with original, physical copies of mail under certain circumstances;

Existing law requires the Director of the Department of Corrections to establish regulations with the approval of the Board of State Prison Commissioners, including regulations relating to the custody, care, training, health and safety of offenders.to an offender the original, physical copy of any physical mail addressed to thede offender that the offender is entitled and allowed to receive.

(NRS 209.131) Section 2 authorizes the Director, with the approval of the Board, to adopt regulations exempting the Department from this billrequirement requiresif the Department toconducts providea offenderstudy and determines, using evidence-based methods, that complying with the offenderrequirement ispresents entitleda danger to the health and allowedsafety toof receive.the staff or offenders in institutions or be adopted in accordance with the provisions of the Nevada Administrativeations must Procedure Act.

Section(Chapter 3233B of thisNRS) billIf requiresthe Director adopts regulations exempting the Department tofrom ensurethe thatrequirement anto offenderprovide completesoffenders awith medicaloriginal, releasephysical copies of informationmail, formsection at2 requires the timeDirector ofto intakesubmit the study and hasany theevidence abilityor todata updatethat supports the completeddetermination formof asthe necessary.Department to:

If(1) an offender in the custodyLegislative ofCounsel thewhen Department is hospitalized for or diagnosed with a critical medical condition which requires the offenderadopted toregulation stayis insubmitted; a medical facility overnight, section 3 requires the Department, within 24 - *AB121_R1* – 2 – hours after such hospitalization or diagnosis, to attempt to inform all persons authorized by the current medical release of information form about the health status of the offender.

Ifand an(2) offender in the custodyDirector of the DepartmentJoint isInterim requireStanding theCommittee offenderon to stay in a medical facility overnight, section 3 requires the Department,Judiciary. within 4 hours after the return of the offender to the institution or facility at which the offender is incarcerated, to provide the offender with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the offender.

is adopted for transmittal to Section 3 of this bill requires the Department to ensure that an offender completes a medical release of information form at the time of intake and has the ability to update the completed form as necessary.

If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition - 82nd Session (2023) – 2 – which requires the offender to stay in a medical facility overnight, section 3 requires the Department, within 24 hours after such hospitalization or diagnosis, to attempt to inform all persons authorized by the current medical release of custody of the Department is hospitalized for or diagnosed with a critical medical condition which does not require the offender to stay in a medical facility overnight, section 3 requires the Department, within 4 hours after the return of the offender to the institution or facility at which the offender is incarcerated, to provide the offender with the opportunity to make a telephone call to a friend, relSection 4 of this bill requires the Department to ensure that if an offenderfender.

EXPLANATION – Matter in bolded italics is new;

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

AnExcept as otherwise provided in subsection 2, an institution or facility shall provide an offender with the original, physical copy of any mail addressed to the offender that the offender is entitled and allowed to receive.

The Director may, with the approval of the Board, adopt regulations exempting the Department from the requirements prescribed by subsection 1 if the Department conducts a study and determines, using evidence-based methods, that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities.

Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.

3.

Any regulation adopted pursuant to subsection 2 which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities.

4.

As soon as reasonably practicable after adopting a regulation pursuant to subsection 2, the Director shall submit the - 82nd Session (2023) – 3 – study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities to the Director of the Standing Committee on the Judiciary.mittal to the Joint Interim 5.

If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which does not require the offender to stay in a medical facility overnight, the Department shall, within 4 hours after the return of the offender to the institution or facility at which the offender is - *AB121_R1* – 3 – incarcerated, provide the offender with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the offender.

or (4) Involves extreme physical illness.illness, including, without limitation, an extreme physical illness resulting from a drug or alcohol overdose.

(b) “Medical“Drug facility”or alcohol overdose” has the meaning ascribed to it in NRS 449.0151.453C.150.

- 82nd Session (2023) – 4 – (c) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

If an offender in the custody of the Department requires prescription medication for any physical or mental illness,ill1.ss,If the Departmentprescription shallis ensurenew, that:the prescription is transmitted to a licensed pharmacy and filled as soon as possible;

1.

If the prescription is new, the prescription is transmitted to a licensed pharmacy and filled as soon as possible;

Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.

If a prisoner in the custody of a jail or detention facility is hospitalized for or diagnosed with a critical medical condition which does not require the prisoner to stay in a medical facility overnight, the jail or detention facility shall, within 4 hours after the return of the prisoner to the jail or detention facility at which the prisoner is imprisoned, provide the prisoner with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the prisoner.

- *AB121_R1* – 4 – 4.

(2) Requires life-sustaining medical treatment;

ornt;or (4) Involves extreme physical illness, including, without limitation, a drug or alcohol overdose.

(4)- Involves82nd extremeSession physical(2023) illness.– 5 – (b) “Drug or alcohol overdose” has the meaning ascribed to it in NRS 453C.150.