Assembly Bill No. 687–Committee on Ways and Means
May 17, 1999
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Referred to Committee on Ways and Means
SUMMARY—Authorizes director of department of prisons to allow transfer of funds from offenders’ store fund to compensate center for purpose of making restitution for certain costs incurred by center under certain circumstances. (BDR 16-1749)
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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 209.221 is hereby amended to read as follows: 209.221 1. The offenders’ store fund is hereby created as a special1-3
revenue fund. All money received for the benefit of offenders through1-4
contributions, and from other sources not otherwise required to be1-5
deposited in another fund, must be deposited in the offenders’ store fund.1-6
2. The director shall:1-7
(a) Keep, or cause to be kept, a full and accurate account of the fund;1-8
(b) Submit reports to the board relative to money in the fund as may be1-9
required from time to time; and1-10
(c) Submit a monthly report to the offenders of the amount of money in1-11
the fund by posting copies of the report at locations accessible to offenders1-12
generally or by delivery of copies to the appropriate representatives of the1-13
offenders if any are selected.1-14
3. Except as otherwise provided in subsections 41-15
inclusive, money in the offenders’ store fund, except interest earned upon1-16
it, must be expended for the welfare and benefit of all offenders.2-1
4. If necessary to cover a shortfall of money in the prisoners’ personal2-2
property fund, the director may, after obtaining the approval of the interim2-3
finance committee, authorize the state controller to transfer money from the2-4
offenders’ store fund to the prisoners’ personal property fund, and the state2-5
controller shall make the transfer.2-6
5. If an offender has insufficient money in his individual account in the2-7
prisoners’ personal property fund to repay or defray costs assessed to the2-8
offender pursuant to NRS 209.246, the director shall authorize the state2-9
controller to transfer sufficient money from the offenders’ store fund to the2-10
appropriate account in the state general fund to pay costs remaining unpaid,2-11
and the state controller shall make the transfer. Any money so transferred2-12
must be accounted for separately. The director shall cause the offenders’2-13
store fund to be reimbursed from the offender’s individual account in the2-14
prisoners’ personal property fund, as money becomes available.2-15
6. If the department incurs costs related to state property that has been2-16
willfully damaged, destroyed or lost or incurs costs related to medical2-17
examination, diagnosis or treatment for an injury to an offender, the2-18
director may authorize the state controller to transfer money from the2-19
offenders’ store fund to the appropriate account in the state general fund to2-20
repay or defray those costs if:2-21
(a) The director has reason to believe that an offender caused the2-22
damage, destruction, loss or injury; and2-23
(b) The identity of the offender is unknown or cannot be determined by2-24
the director with reasonable certainty.2-25
The state controller shall make the transfer if authorized by the director.2-26
Any money transferred must be accounted for separately. If the identity of2-27
the offender is determined after money has been transferred, the director2-28
shall cause the offenders’ store fund to be reimbursed from the offender’s2-29
individual account in the prisoners’ personal property fund, as money2-30
becomes available.2-31
7. If an offender who has been assigned to a center for the purpose2-32
of making restitution is returned to an institution for committing an2-33
infraction of the regulations of the department and the center has not2-34
been fully compensated for the cost of providing the offender with2-35
housing, transportation, meals or medical or dental services at the center,2-36
the director may authorize the state controller to transfer money from the2-37
offenders’ store fund to the appropriate account in the state general fund2-38
to repay or defray those costs. The state controller shall make the2-39
transfer if authorized by the director. Any money transferred must be2-40
accounted for separately. The director shall cause the offenders’ store2-41
fund to be reimbursed from the offender’s individual account in the2-42
prisoners’ personal property fund, as money becomes available.3-1
8. If an offender has insufficient money in his individual account in the3-2
prisoners’ personal property fund to repay or defray costs assessed to the3-3
offender pursuant to NRS 209.246, the offender shall sign a statement3-4
under penalty of perjury concerning his financial situation. Such a3-5
statement must include, but is not limited to, the following information:3-6
(a) The value of any interest the offender has in real estate;3-7
(b) The value of the personal property of the offender;3-8
(c) The assets in any bank account of the offender; and3-9
(d) The employment status of the offender.3-10
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the department to access any relevant document, for the purpose of3-12
verifying the accuracy of the information provided by the offender pursuant3-13
to this section, including, but not limited to, information regarding any bank3-14
account of the offender, information regarding any bank account held in3-15
trust for the offender and any federal income tax return, report or3-16
withholding form of the offender.3-17
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provides false or misleading information on a statement prepared pursuant3-19
to this section is guilty of a gross misdemeanor.3-20
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assets from the department or to provide false or misleading information on3-22
a statement prepared pursuant to this section is guilty of a gross3-23
misdemeanor.3-24
Sec. 2. This act becomes effective upon passage and approval.~