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).

1-1 Section 1. As used in this act, unless the context otherwise requires:

1-2 1. "Committing jurisdiction" means the jurisdiction that convicted or

1-3 committed a prisoner who is or is going to be confined at the Southern

1-4 Nevada Correctional Center pursuant to a contract entered into pursuant to

1-5 this act, including, without limitation, an agency of the Federal

1-6 Government, an agency of another state or an agency of a political

1-7 subdivision of this state.

1-8 2. "Department" means the department of prisons.

1-9 3. "Director" means the director of the department.

1-10 4. "Lessee" means a person, including, without limitation, an agency of

1-11 the Federal Government, an agency of another state or an agency of a

1-12 political subdivision of this state, who enters into a contract with the

1-13 department to lease the Southern Nevada Correctional Center.

1-14 5. "Prisoner" means a person held in custody under process of law.

1-15 Sec. 2. 1. The department may request that proposals for a contract

1-16 to lease the Southern Nevada Correctional Center be submitted to the

1-17 department.

1-18 2. Except as otherwise provided in subsection 3, the department may

1-19 enter into a contract that meets the requirements of this act to lease the

2-1 Southern Nevada Correctional Center for use as a facility for keeping

2-2 prisoners of a committing jurisdiction.

2-3 3. The department may not enter into a contract with a lessee other

2-4 than an agency of the Federal Government, an agency of another state or an

2-5 agency of a political subdivision of this state to lease the Southern Nevada

2-6 Correctional Center unless the lessee provides:

2-7 (a) Evidence of his qualifications, experience and ability to comply with

2-8 applicable court orders and correctional standards.

2-9 (b) Evidence of past performance of similar contracts, including,

2-10 without limitation, audited financial statements and other financial

2-11 information as requested.

2-12 (c) Management personnel necessary to carry out the terms of the

2-13 contract.

2-14 Sec. 3. 1. A contract to lease the Southern Nevada Correctional

2-15 Center must:

2-16 (a) Be made on the best terms available for this state.

2-17 (b) Be prepared by the attorney general.

2-18 (c) Meet the requirements in section 4 of this act and contain any other

2-19 covenants or agreements that are usual, necessary or prudent.

2-20 (d) Be executed by this state and the lessee.

2-21 (e) Be executed by the committing jurisdiction of each prisoner who is

2-22 confined at the Southern Nevada Correctional Center. The committing

2-23 jurisdiction of a prisoner at the Southern Nevada Correctional Center may

2-24 execute the contract after the date the contract is executed by the lessee and

2-25 this state if that committing jurisdiction executes the contract before the

2-26 date the prisoner is confined at the Southern Nevada Correctional Center.

2-27 2. The director shall execute on behalf of this state any contract for the

2-28 lease of the Southern Nevada Correctional Center pursuant to this act,

2-29 subject to the approval of the state board of examiners.

2-30 3. A contract for the lease of the Southern Nevada Correctional Center

2-31 entered into pursuant to this act is exempt from the provisions of NRS

2-32 321.003, 321.005 and 322.110.

2-33 Sec. 4. A contract to lease the Southern Nevada Correctional Center

2-34 must provide that:

2-35 1. The director shall approve or disapprove the confinement of each

2-36 prisoner at the Southern Nevada Correctional Center, including, without

2-37 limitation, the return of a prisoner to the Southern Nevada Correctional

2-38 Center after an escape from lawful custody by the prisoner or the

2-39 transportation of the prisoner to the committing jurisdiction pursuant to

2-40 subsection 2. The director may, as he deems appropriate in his sole

2-41 discretion, order a prisoner to be returned to the committing jurisdiction at

2-42 any time. Upon such a disapproval or order for the return of a prisoner by

2-43 the director, the lessee shall transport the prisoner to the committing

3-1 jurisdiction, if necessary, and the committing jurisdiction shall retain or

3-2 accept the prisoner, as applicable. The lessee shall pay any costs of

3-3 transportation pursuant to this subsection.

3-4 2. If a prisoner at the Southern Nevada Correctional Center escapes

3-5 from lawful custody or engages in behavior that would be punishable if

3-6 committed by a prisoner at a facility or institution of the department:

3-7 (a) The office of the attorney general will prosecute the prisoner for the

3-8 escape from lawful custody or other behavior pursuant to the law of this

3-9 state.

3-10 (b) Unless the committing jurisdiction is an agency of a political

3-11 subdivision of this state, upon the conviction, guilty plea or plea of nolo

3-12 contendere of the prisoner in the prosecution pursuant to paragraph (a), and

3-13 the resultant sentencing of the prisoner to a term of confinement but not to

3-14 death:

3-15 (1) The lessee shall immediately transport the prisoner to the

3-16 committing jurisdiction; and

3-17 (2) The committing jurisdiction shall accept the prisoner for service

3-18 of that term of commitment and for service of any time remaining in the

3-19 term of commitment for which the prisoner was confined in the Southern

3-20 Nevada Correctional Center.

3-21 (c) Except as otherwise provided in this paragraph, the lessee and the

3-22 committing jurisdiction are jointly and severally liable to this state for all

3-23 costs incurred by this state or a political subdivision of this state associated

3-24 with the investigation, prosecution, transportation or punishment of a

3-25 prisoner pursuant to this subsection. The provisions of this paragraph must

3-26 not be applied in a manner to make an agency of a political subdivision of

3-27 this state liable to this state for such costs.

3-28 3. The lessee will maintain internal and perimeter security to protect

3-29 the public, employees and prisoners.

3-30 4. If a prisoner at the Southern Nevada Correctional Center escapes

3-31 from lawful custody:

3-32 (a) The lessee shall immediately inform the department.

3-33 (b) The lessee shall take reasonable steps necessary and prudent to

3-34 recapture the prisoner.

3-35 (c) The director may issue a warrant pursuant to NRS 212.030 for the

3-36 recapture of the prisoner. Such a warrant is enforceable in the same manner

3-37 and to the same extent as any other warrant issued pursuant to that section.

3-38 5. Except as otherwise provided in this subsection, the lessee and the

3-39 committing jurisdiction are jointly and severally liable to this state for:

3-40 (a) All costs incurred by this state or a political subdivision of this state

3-41 that are associated with the recapture and return of a prisoner at the

3-42 Southern Nevada Correctional Center who escapes from lawful custody.

4-1 (b) The damages caused by the prisoner during the escape from lawful

4-2 custody and at any time before the prisoner is recaptured.

4-3 The provisions of this subsection must not be applied in a manner to make

4-4 an agency of a political subdivision of this state liable to this state for such

4-5 costs or damages.

4-6 6. If a riot or other serious disturbance or emergency occurs at the

4-7 Southern Nevada Correctional Center:

4-8 (a) The lessee shall:

4-9 (1) Immediately inform the department.

4-10 (2) Take reasonable steps necessary and prudent to respond to the riot

4-11 or other serious disturbance or emergency.

4-12 (3) Unless the lessee is an agency of a political subdivision of this

4-13 state, reimburse this state for all costs incurred by this state or a political

4-14 subdivision of this state that are associated with the riot or other serious

4-15 disturbance or emergency.

4-16 (b) Any agency of this state or any agency of a political subdivision of

4-17 this state may respond in a manner deemed appropriate by the director,

4-18 including, without limitation, assisting to quell the riot or disturbance.

4-19 7. The lessee, other than an agency of a political subdivision of this

4-20 state, shall indemnify this state, the political subdivisions of this state and

4-21 their officers, agents and employees, for any liability for any claim or loss

4-22 incurred by this state, a political subdivision of this state or their officers,

4-23 agents and employees as a result of the contract, including, without

4-24 limitation, liability for a civil rights claim or any other claim brought by or

4-25 on behalf of a prisoner at the Southern Nevada Correctional Center. The

4-26 provisions of this subsection do not deprive a lessee, this state, a political

4-27 subdivision of this state or their officers, agents and employees of the

4-28 benefits of any law that limits exposure to liability or damages.

4-29 8. The lessee, other than an agency of a political subdivision of this

4-30 state, shall maintain a policy of insurance, in a form approved by the

4-31 department, that provides coverage for civil liability and civil rights

4-32 liability in an amount not less than the amount specified in the contract,

4-33 listing this state, the political subdivisions of this state and their officers,

4-34 agents and employees as insureds.

4-35 9. The lessee shall not release in this state a prisoner from the Southern

4-36 Nevada Correctional Center without the permission of the department

4-37 unless the committing jurisdiction of the prisoner is an agency of a political

4-38 subdivision of this state.

4-39 Sec. 5. Unless the lessee is an agency of a political subdivision of this

4-40 state, employees of the lessee who provide security at the Southern Nevada

4-41 Correctional Center may only use such lawful force and exercise such

4-42 lawful power as granted pursuant to the contract:

5-1 1. On the grounds of the Southern Nevada Correctional Center under

5-2 the supervision of the lessee.

5-3 2. Transporting a prisoner to or from the Southern Nevada

5-4 Correctional Center.

5-5 3. Pursuing a prisoner at the Southern Nevada Correctional Center who

5-6 has escaped from lawful custody.

5-7 Sec. 6. 1. Except as otherwise provided in subsection 2, while a

5-8 contract for the lease of the Southern Nevada Correctional Center is in

5-9 effect, a prisoner at the Southern Nevada Correctional Center shall be

5-10 deemed a prisoner of this state, and the Southern Nevada Correctional

5-11 Center shall be deemed a prison, facility or institution of this state, for the

5-12 purposes of chapter 212 of NRS, except for NRS 212.040 and 212.070.

5-13 2. For the purposes of prosecuting a person who is not a prisoner at the

5-14 Southern Nevada Correctional Center for any unlawful conduct relating to

5-15 a prisoner at the Southern Nevada Correctional Center, a prisoner at the

5-16 Southern Nevada Correctional Center shall be deemed a prisoner of this

5-17 state, and the Southern Nevada Correctional Center shall be deemed a

5-18 prison, facility or institution of this state, including, without limitation, for

5-19 the purposes of NRS 212.070.

5-20 Sec. 7. This act becomes effective on July 1, 1999.