[Rev. 6/29/2024 3:16:32 PM--2023]

TITLE 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME

CHAPTER 208 - GENERAL PROVISIONS

NRS 208.015           Definitions.

NRS 208.025           “Boat” defined.

NRS 208.035           “Bond” defined.

NRS 208.045           “Judge” defined.

NRS 208.055           “Knowingly” defined.

NRS 208.065           “Officer” and “public officer” defined.

NRS 208.075           “Prison” defined.

NRS 208.085           “Prisoner” defined.

NRS 208.095           “Writing” defined.

NRS 208.105           Construction of provisions of title.

NRS 208.115           Construction of provisions similar to existing laws.

NRS 208.125           Effect of provisions upon past offenses.

NRS 208.135           Application to existing civil rights.

NRS 208.145           Civil remedies preserved.

NRS 208.155           Authority of courts-martial unaffected; punishment for contempt unaffected.

NRS 208.165           Execution of instrument by prisoner.

NRS 208.175           Contracts with private entities to perform certain core correctional services; annual report concerning prisoners housed outside this State; inspection of facility of private entity that houses prisoners. [Expired by limitation.]

NRS 208.280           Prisons to be under control of State or local government.

_________

 

      NRS 208.015  Definitions.  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 208.025 to 208.095, inclusive, have the meanings ascribed to them in those sections.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.025  “Boat” defined.  “Boat” includes ships, steamers and other structures adapted to navigation or movement from place to place by water.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.035  “Bond” defined.  “Bond” includes an undertaking.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.045  “Judge” defined.  “Judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.055  “Knowingly” defined.  “Knowingly” imports a knowledge that facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510; 1997, 1602)

      NRS 208.065  “Officer” and “public officer” defined.  “Officer” and “public officer” include all officers, members and employees of:

      1.  The State of Nevada;

      2.  Any political subdivision of this state;

      3.  Any other special district, public corporation or quasi-public corporation of this state; and

      4.  Any agency, board or commission established by this state or any of its political subdivisions,

Ê and all persons exercising or assuming to exercise any of the powers or functions of a public officer.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.075  “Prison” defined.  “Prison” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.085  “Prisoner” defined.  “Prisoner” includes any person held in custody under process of law, or under lawful arrest.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.095  “Writing” defined.  “Writing” includes printing.

      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

      NRS 208.105  Construction of provisions of title.  Every provision of this title shall be construed according to the fair import of its terms.

      [1911 C&P § 30; RL § 6295; NCL § 9979]

      NRS 208.115  Construction of provisions similar to existing laws.  The provisions of this title, insofar as they are substantially the same as existing statutes, shall be construed as continuations thereof and not as new enactments.

      [1911 C&P § 36; RL § 6301; NCL § 9985]

      NRS 208.125  Effect of provisions upon past offenses.  Nothing contained in any provision of this title shall apply to an offense committed or act done at any time before the day when this title shall take effect. Such an offense shall be punished according to, and such act shall be governed by, the provisions of law existing when it is done or committed, in the same manner as if this title had not been passed.

      [1911 C&P § 31; RL § 6296; NCL § 9980]

      NRS 208.135  Application to existing civil rights.  Nothing in this title shall be deemed to affect any civil right or remedy existing at the time when it shall take effect by virtue of the common law or of the provision of any statute.

      [1911 C&P § 32; RL § 6297; NCL § 9981]

      NRS 208.145  Civil remedies preserved.  The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture or other remedy imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable in this title shall not affect any right to recover or enforce the same.

      [1911 C&P § 37; RL § 6302; NCL § 9986]

      NRS 208.155  Authority of courts-martial unaffected; punishment for contempt unaffected.  This title does not affect any power conferred by law upon any court-martial, or other military authority, or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.

      [1911 C&P § 34; RL § 6299; NCL § 9983]

      NRS 208.165  Execution of instrument by prisoner.  A prisoner may execute any instrument by signing his or her name immediately following a declaration “under penalty of perjury” with the same legal effect as if he or she had acknowledged it or sworn to its truth before a person authorized to administer oaths. As used in this section, “prisoner” means a person confined in any jail or prison, or any facility for the detention of juvenile offenders, in this state.

      (Added to NRS by 1985, 1643)

      NRS 208.175  Contracts with private entities to perform certain core correctional services; annual report concerning prisoners housed outside this State; inspection of facility of private entity that houses prisoners.  Expired by limitation. (See chapter 178, Statutes of Nevada 2019, at page 955.)

 

      NRS 208.280  Prisons to be under control of State or local government.

      1.  Each prison that houses prisoners who are in the custody of the State or a local government must be under the administrative and direct operational control of the State or the local government, as applicable. The core correctional services at each such prison must be performed only by employees of the State or a local government, as applicable, and not by a private entity.

      2.  A condition, stipulation or provision in a contract that conflicts with this section is against the public policy of this State and is void and unenforceable.

      3.  As used in this section, “core correctional services” means the housing, safeguarding, protecting and disciplining of prisoners.

      (Added to NRS by 2019, 952; A 2019, 955)