SUMMARY--Revises provisions relating to offenders in custody or confinement. (BDR 16-73)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to offenders; requiring the director of the department of prisons to adopt regulations establishing a program to prevent an offender from possessing or receiving certain publications; prohibiting sexual conduct between an offender and another person under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall adopt, with the approval of the board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to his rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:
(a) Is sexually explicit;
(b) Is graphically violent; or
(c) Encourages or glamorizes:
(1) Crime;
(2) The activities of a criminal gang; or
(3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.
2. The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.
3. The establishment of the program required pursuant to this section does not affect:
(a) The authority of the department to review for any other lawful purpose materials that are possessed or received by an offender, including, but not limited to, publications; or
(b) The procedures established by the department for the review of those materials.
4. The department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.
5. As used in this section:
(a) "Criminal gang" has the meaning ascribed to it in NRS 213.1263.
(b) "Publication" means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the director.
Sec. 2 NRS 212.187 is hereby amended to read as follows:
212.187 1. [It is unlawful for:
(a)] A prisoner who is in lawful custody or confinement [to engage voluntarily] , other than residential confinement, and who voluntarily engages in sexual conduct with [a person who has custody of him or an employee of the institution in which he is confined; or
(b)] another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who [has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage] voluntarily engages in sexual conduct with a prisoner [.
2.] who is in lawful custody or confinement, other than residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, " sexual [conduct means] conduct":
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with [another's] another person's clothed or unclothed genitals or pubic area [.] to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 3 The amendatory provisions of section 2 of this act do not apply to offenses that are committed before October 1, 1997.