Assembly Bill No. 22–Assemblywoman Cegavske

Prefiled January 8, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning certain lawsuits brought by and settlements entered into by prisoners. (BDR 14-509)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

1-1 Section 1. Chapter 176 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. Except as otherwise provided in subsection 4, if a person who is or

1-4 was imprisoned in the state prison or a county or city jail or detention

1-5 facility is awarded a judgment against:

1-6 (a) The State of Nevada, a county or a city;

1-7 (b) A department, commission, board or other agency of the State of

1-8 Nevada, a county or a city; or

1-9 (c) A current or former officer, employee or contractor of the State of

1-10 Nevada, a county or a city,

1-11 arising from a civil action that accrued while the person was imprisoned

1-12 in the state prison or county or city jail or detention facility, the person or

1-13 governmental entity that pays the judgment shall deposit the money for

1-14 the judgment with the court. The court shall deduct from the money

1-15 received from the judgment any amount of money owed by the person for

2-1 restitution and send the money to the appropriate person, governmental

2-2 agency or political subdivision of a governmental agency to whom

2-3 restitution is owed.

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

2-5 into a settlement for money in an action described in subsection 1, the

2-6 person or governmental entity that pays the settlement shall deposit the

2-7 money for the settlement with the court in which the action was filed or

2-8 the district court of the county in which the person resides if no action

2-9 was filed. The court shall deduct from the money deposited with the court

2-10 any amount of money owed by the person for restitution and send the

2-11 money to the appropriate person, governmental agency or political

2-12 subdivision of a governmental agency to whom restitution is owed.

2-13 3. If any money remains after the court makes the deduction

2-14 pursuant to subsection 1 or 2, the court shall forward the remaining

2-15 money to the person who initiated the action.

2-16 4. The provisions of this section do not apply to a judgment or

2-17 settlement in a case that involves the death of a person who was

2-18 imprisoned.

2-19 Sec. 2. Chapter 209 of NRS is hereby amended by adding thereto a

2-20 new section to read as follows:

2-21 1. Except as otherwise provided in subsection 3, if an offender has

2-22 filed an action for small claims pursuant to chapter 73 of NRS and the

2-23 offender requests to appear as a witness in the action, he shall pay the

2-24 department in advance for the costs the department estimates will be

2-25 incurred in providing transportation for the offender to appear in court.

2-26 2. Within 30 days after providing transportation for an offender to

2-27 appear in court pursuant to subsection 1, the department shall:

2-28 (a) Reimburse the offender for any amount paid by him that exceeds

2-29 the actual cost incurred by the department in providing transportation for

2-30 the offender; or

2-31 (b) Charge the offender for any cost incurred by the department in

2-32 providing transportation for the offender that exceeds the amount paid by

2-33 the defendant pursuant to subsection 1.

2-34 3. The provisions of this section do not apply to indigent offenders.

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