AB 452 — Revises provisions relating to offenders. (BDR 16-315)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 25, 2023) FIRST REPRINT A.B.

452452–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

452–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 offenders.

(BDR 16-315) 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.

making an appropriation;

Existing law authorizes the warden or manager of a correctional institution or facility to allow visits and correspondence between offenders and appropriate Directorfriends, ofrelatives the Department of Corrections, with the approval of the Board of State Prison Commissioners, to adopt regulations establishing and governingothers. a program for the visitation of offenders.

(NRS 209.423) Section 2 of this bill requires the Director of the Department of Corrections, with the approval of the Board of State for the visitation of offenders.

(2) allow visitation by means of electronic communication, provided that such visitation is in addition to and not in lieu of in- person visitation;

(3) prescribe a procedure for a prospective visitor or visitor to-to appeal a decision of a warden or manager to deny or suspend visiting privileges;

andprovides (4)that prescribean requirementsoffender relatinghas the right to cancelledreceive visits.visitors in person in accordance with the regulations adopted pursuant to section 2.

Section 4 ofalso thisrequires billa provideswarden thator anmanager offenderto hasprovide thenotice rightof toany receivecancelled visitorsvisit in person in accordance - *AB452_R1* – 2 – with the regulations adopted pursuant to section 2.

Section 4 also requires a warden or manager to provide notice of any cancelled visit in accordance with the regSection 2.5 of this bill establishes the Office of the Ombudsperson for Offenders within the Department to promote and protect the health, safety and welfare of offenders and prepare offenders for successful reentry into communities uponindependent release.of the Department.

Section 2.5 requires the Office to be impartial and operationally independent of the Department.

(1) requires the Board to appoint personthe toOmbudsperson; serve as Ombudsperson.

and (2) authorizes the Board to enter into a contract with a person to serve as Ombudsperson.

Section 5.3 of this bill makes an appropriation to the Department for the cost of contract services for the Office of the Ombudsperson for Offenders.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

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

Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 22, 2.5 and 3 of this act.

and (b) Allow visitation by means of electronic communication, provided that such visitation is in addition to and not in lieu of in- person visitation.

- *AB452_R1* – 3 – 2.

(a) Investigate and attempt to resolve grievances arising out of, or relating to, issues within the authority and control of thetheut of, Department, including, without limitation, grievances relating to:

- 82nd Session (2023) – 3 – (2) Conditions of confinement;

and (b) Propose policy or procedural changes to the Department relating to any systemic issue identified by the Ombudsperson.

and (IV) The outcome of each investigation conducted by the DepartmentDepart(2) A summary of the activities of the Office during the immediately preceding year;year, including, without limitation, information regarding any training provided by the Ombudsperson or referrals made by the Ombudsperson;

(2) A summary of the activities of the Office during the immediately preceding year, including, without limitation, information regarding any training provided by the Ombudsperson or referrals made by the Ombudsperson;

- *AB452_R1* – 4 – (a) Review, investigate or attempt to resolve any grievance relating to a judgment of conviction;

- 82nd Session (2023) – 4 – 7.

Notwithstanding any other provision of law, the Department shall grant the Ombudsperson access to any informationat concerningan grievancesinstitution or facility.ces entered into NOTIS or stored at9. an institution or facility.

9.

A warden or manager must provide notice of any cancelled visit in accordance with the regulations adopted pursuant to sectionsecSec. 2 of this act.

Sec.

5.5.5.3.

The1. provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.