Nevada 2023 Regular Session Status: Enacted 3 D cosponsors

AB 292 — Revises provisions governing offenders. (BDR 16-252)

Last action — Chapter 473.

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

This bill has been enacted into law. Introduced March 14, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 15, 2023.

Prognosis

Advancing 60% · 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.

  • 5 sponsors

    3 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

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

219 added · 254 removed

219 line(s) added, 254 removed.

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EXEMPT (Reprinted with amendments adopted on April 21, 2023) FIRST REPRINT A.B.
Assembly Bill No.
292 A SSEMBLY B ILLN O.
292–Assemblywomen González;
292–ASSEMBLYWOMEN G ONZÁLEZ ;
and Summers-Armstrong Joint Sponsors:
AND S UMMERS -ARMSTRONG M ARCH 14, 2023 ____________ JOINT SPONSORS :
Senators Spearman, Neal;
SENATORS SPEARMAN , EAL ;
and Scheible CHAPTER..........
AND SCHEIBLE ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing offenders.
(BDR 16-252) 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.
a woman who is assigned to an institution or facility completes a form to assess the needs of the woman while in the custody of the Department;
a woman who is assigned to an institution or facility completes a form to assess thet needs of the woman while in the custody of the Department;
Section 2 additionally requires the Department to provide the woman with a preferred type of feminine hygiene - *AB292_R1* – 2 – products upon request.
Section 2 additionally requires the Department to provide the woman with a preferred type of feminine hygiene products upon request.
Section 2 also requires the Department to adopt any regulations necessary to carry out the provisions of section 2.
Section 2 also requires the Department to adopt any reguSection 5 of this bill requires certain persons responsible for the operation of an institution or facility of the Department to adopt a policy setting forth standards of conduct for interactions between a male staff member and a woman who is incarcerated in the institution or facility.
Section 5 of this bill requires certain persons responsible for the operation of an institution or facility of the Department to adopt a policy setting forth standards of conduct for interactions between a male staff member and a woman who is incarcerated in the institution or facility.
Section 5 also requires any such policy to prohibit a male staff member from inspecting or searching a woman who is incarcerated in an institution or facility and who is in a state of undress while (2) a female correctional staff member, or any female staff member of thestances;
Section 5 also requires any such policy to prohibit a male staff member from inspecting or searching a woman who is located in a private location, unless:
and institution or facility if a female correctional staff member is unavailable, is present at the time of the inspection or search.
(1) there are extraordinary circumstances;
and (2) a female correctional staff member, or any female staff member of the institution or facility if a female correctional staff member is unavailable, is present at the time of the inspection or search.
Section 6 additionally requires the Department to adopt any regulations necessary to carry out the provisions of section 6.
- 82nd Session (2023) – 2 – Section 6 additionally requires the Department to adopt any regulations necessary to carry out the provisions of section 6.
Section 6 additionally requires the Department to develop and adopt a policy to be carried out in each institution pregnant.ity concerning the physical and mental health of offenders who are Existing law prohibits the use of restraints on an offender confined in a facility or institution who is in labor, delivering a baby or recuperating from delivery.
Section 6 additionally requires and facility concerning the physical and mental health of offenders who areitution pregnant.
Under existing law, if restraints are used on such a person, the restraints used must be the least restrictive restraints which are necessary to ensure safety and security.
Existing law prohibits the use of restraints on an offender confined in a facility or institution who is in labor, delivering a baby or recuperating from delivery.
(NRS 209.376) Section 9 of this bill requires a correctional staff member who orders the use of restraints on such an offender to submit a report to the warden of the institution or manager of the facility which:
Under existing law, if restraints are used on such a person, the restraints used must (NRS 209.376) Section 9 of this bill requires a correctional staff member whosecurity.
(1) describes the reasons for the use hours after the use of the restraints.mitted to the warden or manager within 5 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
orders the use of restraints on such an offender to submit a report to the warden of the institution or manager of the facility which:
(1) describes the reasons for the use of the restraints;
and (2) must be submitted to the warden or manager within 5 hours after the use of the restraints.
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:
and - *AB292_R1* – 3 – (b) The needs of the woman for feminine hygiene products for the purpose of providing the woman with a suitable supply of feminine hygiene products.
and (b) The needs of the woman for feminine hygiene products for the purpose of providing the woman with a suitable supply of feminine hygiene products.
The Department shall provide the woman with a preferred type of feminine hygiene products upon request.
The Department shall provide the - 82nd Session (2023) – 3 – woman with a preferred type of feminine hygiene products upon request.
4.
out the provisions of this section.regulations necessary to carry 5.
The Department shall adopt regulations necessary to carry out the provisions of this section.
5.
Sec.
Secs.
3.
3 and 4.
4.
(Deleted by amendment.) Sec.
and (2) A female correctional staff member, or any female staff member of the institution or facility if a female correctional staff - *AB292_R1* – 4 – member is unavailable, is present at the time of the inspection or search;
and (2) A female correctional staff member, or any female staff member of the institution or facility if a female correctional staff search;
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and (c) Include, without limitation, a requirement that a male correctional staff member who inspects or searches a woman pursuant to paragraph (b) submit to the warden of the institution or manager of the facility a written report concerning the inspection or search.
andnavailable, is present at the time of the inspection or (c) Include, without limitation, a requirement that a male correctional staff member who inspects or searches a woman pursuant to paragraph (b) submit to the warden of the institution or manager of the facility a written report concerning the inspection or search.
(a) “Private location” means an area in an institution or facility in which a woman has a reasonable expectation of privacy, including, without limitation, an area which contains a shower or toilet, a medical examination room or an area in which body cavity searches are conducted.
(a) “Private location” means an area in an institution or facility in which a woman has a reasonable expectation of privacy, - 82nd Session (2023) – 4 – including, without limitation, an area which contains a shower or toilet, a medical examination room or an area in which body cavity searches are conducted.
(b) “State of undress” means that the naked or undergarment- clad genitals, pubic area, buttocks or breast of a woman are exposed.
(b) “State of undress” means that the naked or undergarment- exposed.itals, pubic area, buttocks or breast of a woman are Sec.
Sec.
(4) Any hygiene products which are reasonably necessary and specifically designed for a person who is pregnant;
(4) Any hygiene products which are reasonably necessary and sp(5) Counseling regarding parenting skills;
and (5) Counseling regarding parenting skills;
andnt;
and - *AB292_R1* – 5 – (b) A requirement that each offender who delivers a baby while in the custody of the Department:
and (b) A requirement that each offender who delivers a baby while in the custody of the Department:
5.
- 82nd Session (2023) – 5 – 5.
In developing such a policy, the Department shall take into consideration the impact of certain actions on the offender and the fetus, including, without limitation, the impact of:
In developing such a policy, the Department shall take into consideration the without limitation, the impact of:ffender and the fetus, including, (a) The use of restraints;
(a) The use of restraints;
Sec.
Secs.
7.
7 and 8.
8.
(Deleted by amendment.) Sec.
3.
restraints on an offender who is pregnant or in the postpartum period shall submit a written report to the warden of the institution or manager of the facility.
A correctional staff member who orders the use of restraints on an offender who is pregnant or in the postpartum period shall submit a written report to the warden of the institution or manager of the facility.
- *AB292_R1* – 6 – (a) Describe the reasons for the use of the restraints on the offender;
(a) Describe the reasons for the use of the restraints on the offender;
(b) “Restraints” means any physical restraint or mechanical device used to control the movement of the limbs of a person, including, without limitation, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security tether chain or a convex shield.
(b) “Restraints” means any physical restraint or mechanical device used to control the movement of the limbs of a person, - 82nd Session (2023) – 6 – handcuffs, a black box, Chubb cuffs, leg irons, belly chains, ad metal security tether chain or a convex shield.
Sec.
Secs.
10.
10-23.
11.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
16.
(Deleted by amendment.) Sec.
17.
(Deleted by amendment.) Sec.
18.
(Deleted by amendment.) Sec.
19.
(Deleted by amendment.) Sec.
20.
(Deleted by amendment.) Sec.
21.
(Deleted by amendment.) Sec.
22.
(Deleted by amendment.) Sec.
23.
(Deleted by amendment.) Sec.
H - *AB292_R1*
~~~~~ 23 - 82nd Session (2023)
View plain text versions (3)

How this bill changes current law

6 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing law to enhance regulations and policies regarding the care and treatment of pregnant offenders in custody, including the use of restraints and medical care provisions.

  • NRS 209.376

    recuperating from delivery → in the postpartum period

    This change clarifies that no restraints may be used on an offender who is in the postpartum period.

  • NRS 209.376

    recuperating from delivery

    This change eliminates the outdated term 'recuperating from delivery' and replaces it with 'in the postpartum period' for clarity.

  • NRS 209.376

    1. The Department shall provide an offender who is pregnant and in the custody of the Department access to necessary medical and behavioral health care services, including, without limitation, obstetrical services.

    This addition requires the Department to ensure pregnant offenders receive essential medical and behavioral health care.

  • NRS 209.376

    2. Subject to the approval of the Director, the warden of each institution and the manager of each facility shall adopt a policy for the prenatal and postnatal care of offenders.

    This mandates the development of policies specifically addressing the prenatal and postnatal care of pregnant offenders.

  • NRS 209.376

    3. A policy adopted pursuant to subsection 2 must include, without limitation, a requirement that each offender who is pregnant receive: (1) Training, educational programming or written materials concerning prenatal care, pregnancy, hygiene and health concerns relating to pregnancy, the impact of alcohol and drugs on a fetus, labor, the care of newborns and the postpartum period; ...

    This provides comprehensive requirements for educational programming related to pregnancy for offenders.

  • NRS 209.376

    6. The Department shall adopt any regulations necessary to carry out the provisions of this section.

    This establishes the requirement for the Department to adopt necessary regulations to enforce new policies.

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 473.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

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

  6. In Senate. Read first time. Referred to Committee on Judiciary. To committee. From committee: Do pass. Placed on Second Reading File. Read second time.

  7. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  8. From committee: Do pass, as amended. Placed on General File. Taken from General File. Placed on General File for next legislative day.

  9. From printer. To engrossment. Engrossed. First reprint. To committee.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 337.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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3 sponsors · 2 co-sponsors · 62 not signed on

Sponsors (3)

Co-sponsors (2)

Not signed on (62)

62 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

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Frequently asked questions

Who sponsors AB 292?
AB 292 is sponsored by González, Cecelia (Democratic), Neal, Dina (Democratic), Scheible, Melanie (Democratic), Summers-Armstrong, Shondra, and Pat Spearman.
What is the current status of AB 292?
This bill has been enacted into law. Introduced March 14, 2023. Enacted.
Where can I track AB 292?
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