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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.
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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.
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Secs.
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10-23.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
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(Deleted by amendment.) Sec.
H - *AB292_R1*
~~~~~ 23 - 82nd Session (2023)
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