Assembly Bill No. 109–Committee on Judiciary

 

(On Behalf of the Department of Corrections)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions pertaining to Department of Corrections. (BDR 16‑501)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Department of Corrections; providing for the appointment of an Inspector General by the Director of the Department of Corrections; revising the provisions relating to the appointment of assistant directors by the Director; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 209 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The Director shall appoint an Inspector General who is

1-4  responsible to the Director for conducting investigations on

1-5  matters of interest to the Department.

1-6  2.  The Inspector General is in the classified service of the

1-7  State except for purposes of appointment and retention. The

1-8  Inspector General is entitled to receive the same retirement

1-9  benefits as police officers and firemen employed by public

1-10  employers. For this purpose, the provisions of chapter 286 of NRS

1-11  governing the retirement benefits of police officers and firemen

1-12  apply to the Inspector General.

1-13      3.  The Inspector General shall carry out such administrative

1-14  and investigative duties as may be assigned to him by the Director

2-1  and shall not engage in any other gainful employment or

2-2  occupation.

2-3  4.  The Inspector General may employ such other criminal

2-4  investigators as may be necessary to conduct investigations on

2-5  matters of interest to the Department. A criminal investigator

2-6  hired pursuant to this subsection is in the classified service of the

2-7  State and is entitled to receive the same retirement benefits as

2-8  police officers and firemen employed by public employers. For this

2-9  purpose, the provisions of chapter 286 of NRS governing the

2-10  retirement benefits of police officers and firemen apply to criminal

2-11  investigators.

2-12      Sec. 2.  NRS 209.151 is hereby amended to read as follows:

2-13      209.151  1.  The Director shall appoint an assistant director for

2-14  industrial programs who:

2-15      (a) Is responsible to the Director for the administration of all

2-16  industrial, vocational and agricultural programs for the employment

2-17  of offenders, except conservation camps and centers for the purpose

2-18  of making restitution; and

2-19      (b) Shall enforce all policies and regulations of the Department

2-20  relating to industrial, vocational and agricultural programs.

2-21      2.  In addition to the assistant director appointed pursuant to

2-22  subsection 1, the Director shall appoint such other assistant directors

2-23  as are necessary.

2-24      3.  The assistant directors are in the classified service of the

2-25  State except for purposes of appointment and retention.

2-26      4.  During any absence of the Director, he shall designate an

2-27  assistant director or a warden to act as Director of the Department

2-28  without increase in salary.

2-29      5.  The assistant directors shall carry out such administrative

2-30  duties as may be assigned to them by the Director and shall not

2-31  engage in any other gainful employment or occupation.

2-32      Sec. 3.  NRS 284.150 is hereby amended to read as follows:

2-33      284.150  1.  The classified service of the State of Nevada is

2-34  comprised of all positions in the public service now existing or

2-35  hereafter created which are not included in the unclassified service,

2-36  and which provide services for any office, department, board,

2-37  commission, bureau, agency or institution in the Executive

2-38  Department of the State Government operating by authority of the

2-39  Constitution or law and supported in whole or in part by any public

2-40  money, whether the money is received from the Government of the

2-41  United States or any branch or agency thereof, or from private or

2-42  any other sources.

2-43      2.  Appointments in the classified service must be made

2-44  according to merit and fitness from eligible lists prepared upon the

2-45  basis of examination, which must be open and competitive, except

3-1  as otherwise provided in this chapter and NRS 209.151

3-2  and 209.161.

3-3  3.  Except as otherwise provided in NRS 193.105, 209.151,

3-4  209.161 and 416.070, a person must not be appointed, transferred,

3-5  promoted, demoted or discharged as an officer, clerk, employee or

3-6  laborer in the classified service in any manner or by any means

3-7  other than those prescribed in this chapter and the regulations

3-8  adopted in accordance therewith.

3-9  4.  A person must not be discriminated against on account of his

3-10  religious opinions or affiliations, race, sex, age or disability.

3-11      Sec. 4.  This act becomes effective on July 1, 2003.

 

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