Senate Bill No. 299–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to prisoners; prohibiting prisoners from manufacturing or possessing certain tools or items adapted, designed or commonly used for the purpose of escaping or attempting to escape from custody; providing penalties; 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 212 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 4, a prisoner

who is in lawful custody or confinement, other than residential

confinement, shall not knowingly manufacture, possess or have in

his custody or control any key, picklock, bolt cutters, wire cutters,

saw, digging tool, rope, ladder, hook or any other tool or item

adapted, designed or commonly used for the purpose of escaping

or attempting to escape from lawful custody or confinement,

whether or not such an escape or attempted escape actually

occurs.

    2.  A prisoner who violates any provision of subsection 1 and

who is in lawful custody or confinement for a charge, conviction

or sentence for:

    (a) A felony, shall be punished for a category B felony by

imprisonment in the state prison for a minimum term of not less

than 1 year and a maximum term of not more than 6 years, and

may be further punished by a fine of not more than $5,000.

    (b) A gross misdemeanor or misdemeanor, shall be punished

for a gross misdemeanor.

    3.  A sentence imposed upon a prisoner pursuant to this

section:

    (a) Is not subject to suspension or the granting of probation;

and

    (b) Must run consecutively after the prisoner has served any

sentences imposed upon him for the offense or offenses for which

the prisoner was in lawful custody or confinement when he

violated the provisions of subsection 1.

    4.  The provisions of this section do not apply to a prisoner

who commits an act described in subsection 1 if the act is

authorized by the warden, sheriff, administrator or other person

responsible for administering the prison, or his designee, and the

prisoner performs the act in accordance with the directions or

instructions given to him by that person.

    Sec. 2.  This act becomes effective upon passage and approval.

 

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