Assembly Bill No. 619–Committee on Judiciary

(On Behalf of Department of Prisons)

March 18, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Clarifies and expands authority of board of state prison commissioners and director of department of prisons regarding administration and employees of department. (BDR 16-458)

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 prisons; clarifying the authority of the board of state prison commissioners to review the actions and decisions of the director of the department of prisons; clarifying the authority of the director to administer the department and to direct the work of employees of the department; authorizing the director to review and approve any other employment of employees of the department; 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 thereto

1-2 a new section to read as follows:

1-3 Each manager, warden and employee of the department shall:

1-4 1. Carry out the duties as may be assigned to him by the director;

1-5 and

1-6 2. Not engage in any other gainful employment or occupation except

1-7 as approved by the director pursuant to subsection 11 of NRS 209.131.

1-8 Sec. 2. NRS 209.111 is hereby amended to read as follows:

1-9 209.111 1. The board has full control of all grounds, buildings, labor

1-10 [,] and property of the department, and shall:

1-11 [1.] (a) Purchase, or cause to be purchased, all commissary supplies,

1-12 materials and tools necessary for any lawful purpose carried on at any

1-13 institution or facility of the department.

2-1 [2.] (b) Regulate the number of officers and employees of the

2-2 department.

2-3 [3.] (c) Prescribe regulations for carrying on the business of the board

2-4 and the department.

2-5 2. The board may review an action or decision of the director.

2-6 Sec. 3. NRS 209.131 is hereby amended to read as follows:

2-7 209.131 The director [shall:

2-8 1. Administer] :

2-9 1. Shall administer the department under the direction of the board.

2-10 2. [Supervise] Shall supervise the administration of all institutions and

2-11 facilities of the department.

2-12 3. [Receive,] Shall receive, retain and release in accordance with law

2-13 offenders sentenced to imprisonment in the state prison.

2-14 4. [Be] Is responsible for the supervision, custody, treatment, care,

2-15 security and discipline of all offenders under his jurisdiction.

2-16 5. [Establish] Shall establish regulations with the approval of the

2-17 board and enforce all laws governing the administration of the department

2-18 and the custody, care and training of offenders.

2-19 6. [Take] Shall take proper measures to protect the health and safety

2-20 of the [staff] employees of the department and offenders in the institutions

2-21 and facilities of the department.

2-22 7. [Cause] Shall cause to be placed from time to time in conspicuous

2-23 places about each institution and facility copies of laws and regulations

2-24 relating to visits and correspondence between offenders and others.

2-25 8. [Provide] Shall provide for the holding of religious services in the

2-26 institutions and facilities and make available to the offenders copies of

2-27 appropriate religious materials.

2-28 9. May establish, consolidate or abolish a district within this state to

2-29 which an assistant director, manager, warden or employee of the

2-30 department is appointed or assigned.

2-31 10. Shall direct the work, including, without limitation, the time and

2-32 location of work, assignment to an institution or facility of the

2-33 department, and duties, of each assistant director, manager, warden and

2-34 employee of the department.

2-35 11. Shall review and approve or disapprove a request of a manager,

2-36 warden or employee of the department to engage in any other gainful

2-37 employment or occupation.

2-38 12. Except as otherwise provided in NRS 209.111, has the final

2-39 authority to carry out the provisions of this section.

2-40 Sec. 4. This act becomes effective on July 1, 1999.

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