Nevada 2023 Regular Session Status: Enacted

SB 416 — Revises provisions relating to the Department of Corrections. (BDR 16-322)

Last action — Chapter 417.

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  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 March 27, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 13, 2023.

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

284 added · 315 removed

284 line(s) added, 315 removed.

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EXEMPT (Reprinted with amendments adopted on June 1, 2023) FIRST REPRINT S.B.
Senate Bill No.
416 SENATE BILL NO .
416–Committee on Judiciary CHAPTER..........
416–COMMITTEE ON JUDICIARY (O N BEHALF OF THE JOINT NTERIM S TANDING C OMMITTEE ON JUDICIARY ) M ARCH 27, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the Department of Corrections.
(BDR 16-322) 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.
Legislative Counsel’s Digest:
LegiExisting law authorizes the Director of the Department of Corrections to make deductions from the individual account of an offender to repay or defray certain expenses accrued by the Department on behalf of the offender.
Existing law authorizes the Director of the Department of Corrections to make deductions from the individual account of an offender to repay or defray certain 209.246) Existing law authorizes the Director to establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to, among other things, repay the cost of medical examinations and the diagnosis or treatment for injuries inflicted by the offender upon himself or herself or other offenders or which occur during voluntary recreational activities.
(NRS 209.221, 209.246) Existing law authorizes the Director to establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to, among other things, repay the cost of medical examinations and the diagnosis or treatment for injuries inflicted by the offender upon himself or herself or other offenders or which occur during voluntary recreational activities.
With certain exceptions, existing law additionally authorizes the Director to establish such of the offender, including without limitation, expenses for medical or dental care,re prosthetic devices, pharmaceutical items and prescribed medicine and supplies.
With certain criteria to defray a portion of the costs paid by the Department for the medical care of the offender, including without limitation, expenses for medical or dental care, prosthetic devices, pharmaceutical items and prescribed medicine and supplies.
(NRS 209.246) Section 6 of this bill limits the ability of the Director to deduct - *SB416_R1* – 2 – money credited to the account of an offender by prohibiting the Director from adopting any regulations which authorize the imposition of a deduction of money for the payment of any copayment for any routine or emergency medical care provided to an offender.
(NRS 209.246) Section 6 of this bill limits the ability of the Director to deduct money credited to the account of an offender by prohibiting the Director from adopting any regulations which authorize the imposition of a deduction of money for the payment of any copayment for any routine or emergency medical care provided to an offender.
Section 3 of this bill requires the Director, with the approval of the Board of or facility governing the operation of a commissary in the institution or facility and prohibits the Director from adopting regulations which:
Section 3 of this bill requires the Director, with the approval of the Board of State Prison Commissioners, to adopt regulations to be instituted in each institution prohibits the Director from adopting regulations which:
(1) place a monetary limitation on the ability of an offender to receive or purchase goods or services from the commissary;
(1) place a monetarycility and limitation on the ability of an offender to receive or purchase goods or services from the commissary;
Section 2.5 of this bill authorizes the Director, with the approval of the Board, possession of personal property by offenders.
Section 2.5 of this bill authorizes the Director, with the approval of the Board, to adopt regulations to be instituted in each institution or facility governing the possession of personal property by offenders.
Section 2.5 provides that any suchthe regulations must be consistent with the provisions of section 3.
Section 2.5 provides that any such regulations must be consistent with the provisions of section 3.
Section 11.5 of this bill makes an appropriation to the Department to offset reductions in revenue associated with the implementation of the provisions of this bill.
- 82nd Session (2023) – 2 – reductions in revenue associated with the implementation of the provisions of this bill.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
- *SB416_R1* – 3 – (b) Authorize the markup of the price of a personal hygiene product sold at the commissary.
(b) Authorize the markup of the price of a personal hygiene product sold at the commissary.
Sec.
Secs.
4.
4 and 5.
5.
(Deleted by amendment.) Sec.
[(1)] (I) Inflicted by the offender upon himself or herself or other offenders;
- 82nd Session (2023) – 3 – other offenders;
or [(2)] (II) Which occur during voluntary recreational activities.
orflicted by the offender upon himself or herself or [(2)] (II) Which occur during voluntary recreational activities.
[(h)] (8) Monetary sanctions imposed under the code of penal discipline adopted by the Department.
discipline adopted by the Department.ed under the code of penal [2.] (b) Defray, as determined by the Director, a portion of the costs paid by the Department for medical care for the offender, including, but not limited to:
[2.] (b) Defray, as determined by the Director, a portion of the costs paid by the Department for medical care for the offender, including, but not limited to:
- *SB416_R1* – 4 – [(a)] (1) Postage for personal items and items related to litigation;
[(a)] (1) Postage for personal items and items related to litigation;
[(b)] (2) Photocopying of personal documents and legal documents, for which the offender must be charged a reasonable fee not to exceed the actual costs incurred by the Department;
[(b)] (2) Photocopying of personal documents and legal documents, for which the offender must be charged a reasonable fee not[(c)] (3) Legal supplies;ts incurred by the Department;
[(c)] (3) Legal supplies;
[(f)] (6) Items related to the offender’s work, including, but not limited to, clothing, shoes, boots, tools, a driver’s license or identification card issued by the Department of Motor Vehicles, a work card issued by a law enforcement agency and a health card;
[(f)] (6) Items related to the offender’s work, including, but not limited to, clothing, shoes, boots, tools, a driver’s license or identification card issued by the Department of Motor Vehicles, a - 82nd Session (2023) – 4 – work card issued by a law enforcement agency and a health card;
and [(g)] (7) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the Department.
and [(g)] (7) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the Dep[4.] (d) Repay any cost to the State of Nevada or any agency or political subdivision thereof that is incurred in defending the State against an action filed by an offender in federal court alleging a violation of his or her civil rights which is determined by the court to be frivolous.
[4.] (d) Repay any cost to the State of Nevada or any agency or political subdivision thereof that is incurred in defending the State against an action filed by an offender in federal court alleging a violation of his or her civil rights which is determined by the court to be frivolous.
3.
the federal minimum wage, the Director may deduct:l to or greater than (a) In the following order of priority:
If the hourly wage of the offender is equal to or greater than the federal minimum wage, the Director may deduct:
(1) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(a) In the following order of priority:
Show all 62 changed rows (22 more)
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- *SB416_R1* – 5 – (1) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(4) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(4) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department, and any - 82nd Session (2023) – 5 – not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(8) An amount the Director considers reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
(8) An amount the Director considers reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Vic(9) 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;
(9) 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;
(I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously - *SB416_R1* – 6 – committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated;
(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 th(II) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid;
or (II) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid;
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 - 82nd Session (2023) – 6 – offender was previously convicted, and any amount deducted from the wages of the offender pursuant to this subparagraph must be submitted:
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 any amount deducted from the wages of the offender pursuant to this subparagraph must be submitted:
If the hourly wage of the offender is less than the federal minimum wage, the Director may deduct:
If the hourly wage of the offender is less than the federal min(a) In the following order of priority:
(a) In the following order of priority:
(3) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, other than the cost for room and board, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for - *SB416_R1* – 7 – offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(3) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, other than the cost for room and board, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for of aftercare, or both;ce use or co-occurring disorders or a program (4) A deduction pursuant to NRS 209.246;
(4) A deduction pursuant to NRS 209.246;
(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 - 82nd Session (2023) – 7 – offender dies before the offender’s release, to defray expenses related to arrangements for the offender’s funeral;
and (b) Any other deduction authorized by law from the wages earned by the offender from any source during the offender’s incarceration, the deduction of which must be made in an order of priority determined by the Director.
and (b) Any other deduction authorized by law from the wages earned by the offender from any source during the offender’s priority determined by the Director.h must be made in an order of Secs.
Sec.
9-11.
9.
10.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
- *SB416_R1* – 8 – Sec.
Sec.
Sections 1 to 11, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on October 1, 2023, for all other purposes.
Sections 1 to 11, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2023, for all other purposes.
H - *SB416_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Chapter 417.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 39, Nays: 3.) To Senate.

  6. From committee: Do pass. Placed on Second Reading File. Read second time.

  7. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 829.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 18, Nays: 3.) To printer. From printer. To engrossment. Engrossed. First reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  8. From committee: Do pass. Placed on Second Reading File. Read second time. Taken from General File. Re-referred to Committee on Finance. Exemption effective. To committee.

  9. Notice of eligibility for exemption.

  10. From printer. To committee.

  11. Read first time. 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
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Frequently asked questions

Who sponsors SB 416?
SB 416 is sponsored by Senate Committee on Judiciary.
What is the current status of SB 416?
This bill has been enacted into law. Introduced March 27, 2023. Enacted.
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