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EXEMPT (Reprinted with amendments adopted on May 25, 2023) FIRST REPRINT A.B.
Assembly Bill No.
452 A SSEMBLY B ILLN O.
452–Committee on Judiciary CHAPTER..........
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 Director of the Department of Corrections, with the approval of the Board of State Prison Commissioners, to adopt regulations establishing and governing a program for the visitation of offenders.
Existing law authorizes the warden or manager of a correctional institution or facility to allow visits and correspondence between offenders and appropriate friends, relatives and others.
(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 person visitation;
(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- appeal a decision of a warden or manager to deny or suspend visiting privileges;
(3) prescribe a procedure for a prospective visitor or visitor to appeal a decision of a warden or manager to deny or suspend visiting privileges;
and (4) prescribe requirements relating to cancelled visits.
provides that an offender has the right to receive visitors in person in accordance with the regulations adopted pursuant to section 2.
Section 4 of this bill provides that an offender has the right to receive visitors 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 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 upon release.
Section 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 independent of the Department.
Section 2.5 requires the Office to be impartial and operationally independent of the Department.
(1) requires the Board to appoint person to serve as Ombudsperson.
(1) requires the Board to appoint the 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 2 and 3 of this act.
Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 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.
and provided that such visitation is in addition to and not in lieu of in- person visitation.
- *AB452_R1* – 3 – 2.
2.
(a) Investigate and attempt to resolve grievances arising out of, or relating to, issues within the authority and control of the Department, including, without limitation, grievances relating to:
or relating to, issues within the authority and control of theut of, Department, including, without limitation, grievances relating to:
(2) Conditions of confinement;
- 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 relating to any systemic issue identified by the Ombudsperson.
and (IV) The outcome of each investigation conducted by the Department during the immediately preceding year;
and (IV) The outcome of each investigation conducted by the Depart(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;
(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;
(a) Review, investigate or attempt to resolve any grievance relating to a judgment of conviction;
7.
- 82nd Session (2023) – 4 – 7.
Notwithstanding any other provision of law, the Department shall grant the Ombudsperson access to any information concerning grievances entered into NOTIS or stored at an institution or facility.
Notwithstanding any other provision of law, the Department shall grant the Ombudsperson access to any at an institution or facility.ces entered into NOTIS or stored 9.
9.
A warden or manager must provide notice of any cancelled visit in accordance with the regulations adopted pursuant to section 2 of this act.
A warden or manager must provide notice of any cancelled visit in accordance with the regulations adopted pursuant to secSec.
Sec.
5.5.
5.3.
The 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.
1.
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There is hereby appropriated from the State General Fund to the Department of Corrections for the cost of contract services for the Office of the Ombudsperson for Offenders established by section 2.5 of this act the following sums:
For the Fiscal Year 2023-2024..................................$175,000 For the Fiscal Year 2024-2025..................................$350,000 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by - 82nd Session (2023) – 5 – either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sections 1 to 5.5, 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 - *AB452_R1* – 5 – provisions of this act, and on January 1, 2024, for all other purposes.
Section 5.3 of this act becomes effective on July 1, 2023.
H - *AB452_R1*
3.
Sections 1 to 5, inclusive, and section 5.5 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 January 1, 2024, for all other purposes.
~~~~~ 23 - 82nd Session (2023)
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