1. Assembly Bill No. 22–Assemblywoman Cegavske

CHAPTER........

AN ACT relating to prisoners; requiring a court to deduct money owed for restitution from a monetary judgment awarded to or settlement entered into by a person who is or was

imprisoned in the state prison or a county or city jail or detention facility in a civil action brought against the State of Nevada, a county or a city; requiring a prisoner

who has filed an action for small claims to pay the estimated costs of his transportation to the department of prisons in advance; 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 176 of NRS is hereby amended by adding thereto

a new section to read as follows:

1. Except as otherwise provided in subsection 4, if a person who is or

was imprisoned in the state prison or a county or city jail or detention

facility is awarded a judgment against:

(a) The State of Nevada, a county or a city;

(b) A department, commission, board or other agency of the State of

Nevada, a county or a city; or

(c) A current or former officer, employee or contractor of the State of

Nevada, a county or a city,

arising from a civil action that accrued while the person was imprisoned

in the state prison or county or city jail or detention facility, the person or

governmental entity that pays the judgment shall deposit the money for

the judgment with the court. The court shall deduct from the money

received from the judgment any amount of money owed by the person for

restitution and send the money to the appropriate person, governmental

agency or political subdivision of a governmental agency to whom

restitution is owed.

2. Except as otherwise provided in subsection 4, if a person enters

into a settlement for money in an action described in subsection 1, the

person or governmental entity that pays the settlement shall deposit the

money for the settlement with the court in which the action was filed or

the district court of the county in which the person resides if no action

was filed. The court shall deduct from the money deposited with the court

any amount of money owed by the person for restitution and send the

money to the appropriate person, governmental agency or political

subdivision of a governmental agency to whom restitution is owed.

3. If any money remains after the court makes the deduction

pursuant to subsection 1 or 2, the court shall forward the remaining

money to the person who initiated the action.

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

settlement in a case that involves the death of a person who was

imprisoned.

Sec. 2. Chapter 209 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. Except as otherwise provided in subsection 3, if an offender has

filed an action for small claims pursuant to chapter 73 of NRS and the

offender requests to appear as a witness in the action, he shall pay the

department in advance for the costs the department estimates will be

incurred in providing transportation for the offender to appear in court.

2. Within 30 days after providing transportation for an offender to

appear in court pursuant to subsection 1, the department shall:

(a) Reimburse the offender for any amount paid by him that exceeds

the actual cost incurred by the department in providing transportation for

the offender; or

(b) Charge the offender for any cost incurred by the department in

providing transportation for the offender that exceeds the amount paid by

the defendant pursuant to subsection 1.

3. The provisions of this section do not apply to indigent offenders.

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