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, including, without limitation, an interlocal agreement,

2-1 that meets the requirements of this act to lease the Southern Nevada

2-2 Correctional Center for use as a juvenile or adult facility for keeping

2-3 prisoners of a committing jurisdiction.

2-4 3. The department may not enter into a contract with a lessee other

2-5 than an agency of the Federal Government, an agency of another state or an

2-6 agency of a political subdivision of this state to lease the Southern Nevada

2-7 Correctional Center unless the lessee provides:

2-8 (a) Evidence of his qualifications, experience and ability to comply with

2-9 applicable court orders and correctional standards.

2-10 (b) Evidence of past performance of similar contracts, including,

2-11 without limitation, audited financial statements and other financial

2-12 information as requested.

2-13 (c) Management personnel necessary to carry out the terms of the

2-14 contract.

2-15 Sec. 3. 1. A contract to lease the Southern Nevada Correctional

2-16 Center must:

2-17 (a) Be made on the best terms available for this state.

2-18 (b) Be prepared by the attorney general.

2-19 (c) Meet the requirements in section 4 of this act and contain any other

2-20 covenants or agreements that are usual, necessary or prudent.

2-21 (d) Be executed by this state and the lessee.

2-22 (e) Be executed by the committing jurisdiction of each prisoner who is

2-23 confined at the Southern Nevada Correctional Center. The committing

2-24 jurisdiction of a prisoner at the Southern Nevada Correctional Center may

2-25 execute the contract after the date the contract is executed by the lessee and

2-26 this state if that committing jurisdiction executes the contract before the

2-27 date the prisoner is confined at the Southern Nevada Correctional Center.

2-28 2. The director shall execute on behalf of this state any contract for the

2-29 lease of the Southern Nevada Correctional Center pursuant to this act,

2-30 subject to the approval of the state board of examiners.

2-31 3. A contract for the lease of the Southern Nevada Correctional Center

2-32 entered into pursuant to this act is exempt from the provisions of NRS

2-33 321.003, 321.005 and 322.110.

2-34 Sec. 4. A contract to lease the Southern Nevada Correctional Center

2-35 must provide that:

2-36 1. The director shall approve or disapprove the confinement of each

2-37 prisoner at the Southern Nevada Correctional Center, including, without

2-38 limitation, the return of a prisoner to the Southern Nevada Correctional

2-39 Center after an escape from lawful custody by the prisoner or the

2-40 transportation of the prisoner to the committing jurisdiction pursuant to

2-41 subsection 2. The director may, as he deems appropriate in his sole

2-42 discretion, order a prisoner to be returned to the committing jurisdiction at

2-43 any time. Upon such a disapproval or order for the return of a prisoner by

3-1 the director, the lessee shall transport the prisoner to the committing

3-2 jurisdiction, if necessary, and the committing jurisdiction shall retain or

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

3-4 transportation pursuant to this subsection.

3-5 2. If a prisoner at the Southern Nevada Correctional Center escapes

3-6 from lawful custody or engages in behavior that would be punishable if

3-7 committed by a prisoner at a facility or institution of this state:

3-8 (a) The office of the attorney general will prosecute the prisoner for the

3-9 escape from lawful custody or other behavior pursuant to the law of this

3-10 state if the Southern Nevada Correctional Center is being used as an adult

3-11 facility and the district attorney will prosecute the prisoner for the escape

3-12 from lawful custody or other behavior pursuant to the law of this state if the

3-13 Southern Nevada Correctional Center is being used as a juvenile facility.

3-14 (b) Unless the committing jurisdiction is an agency of a political

3-15 subdivision of this state, upon the conviction, adjudication of delinquency,

3-16 guilty plea or plea of nolo contendere of the prisoner in the prosecution

3-17 pursuant to paragraph (a), and the resultant sentencing or committing of the

3-18 prisoner to a term of confinement but not to death:

3-19 (1) The lessee shall immediately transport the prisoner to the

3-20 committing jurisdiction; and

3-21 (2) The committing jurisdiction shall accept the prisoner for service

3-22 of that term of commitment and for service of any time remaining in the

3-23 term of commitment for which the prisoner was confined in the Southern

3-24 Nevada Correctional Center.

3-25 (c) Except as otherwise provided in this paragraph, the lessee and the

3-26 committing jurisdiction are jointly and severally liable to this state for all

3-27 costs incurred by this state or a political subdivision of this state associated

3-28 with the investigation, prosecution, transportation or punishment of a

3-29 prisoner pursuant to this subsection. The provisions of this paragraph must

3-30 not be applied in a manner to make an agency of a political subdivision of

3-31 this state liable to this state for such costs.

3-32 3. The lessee will maintain internal and perimeter security to protect

3-33 the public, employees and prisoners.

3-34 4. If a prisoner at the Southern Nevada Correctional Center escapes

3-35 from lawful custody:

3-36 (a) The lessee shall immediately inform the department.

3-37 (b) The lessee shall take reasonable steps necessary and prudent to

3-38 recapture the prisoner.

3-39 (c) The director may issue a warrant pursuant to NRS 212.030 for the

3-40 recapture of the prisoner. Such a warrant is enforceable in the same manner

3-41 and to the same extent as any other warrant issued pursuant to that section.

3-42 If the Southern Nevada Correctional Center is being used as a juvenile

3-43 facility, the director may issue a written order for the return of the prisoner

4-1 to the Southern Nevada Correctional Center. All peace officers shall

4-2 execute such an order in the same manner as provided for the execution of

4-3 criminal process.

4-4 5. Except as otherwise provided in this subsection, the lessee and the

4-5 committing jurisdiction are jointly and severally liable to this state for:

4-6 (a) All costs incurred by this state or a political subdivision of this state

4-7 that are associated with the recapture and return of a prisoner at the

4-8 Southern Nevada Correctional Center who escapes from lawful custody.

4-9 (b) The damages caused by the prisoner during the escape from lawful

4-10 custody and at any time before the prisoner is recaptured.

4-11 The provisions of this subsection must not be applied in a manner to make

4-12 an agency of a political subdivision of this state liable to this state for such

4-13 costs or damages.

4-14 6. If a riot or other serious disturbance or emergency occurs at the

4-15 Southern Nevada Correctional Center:

4-16 (a) The lessee shall:

4-17 (1) Immediately inform the department.

4-18 (2) Take reasonable steps necessary and prudent to respond to the riot

4-19 or other serious disturbance or emergency.

4-20 (3) Unless the lessee is an agency of a political subdivision of this

4-21 state, reimburse this state for all costs incurred by this state or a political

4-22 subdivision of this state that are associated with the riot or other serious

4-23 disturbance or emergency.

4-24 (b) Any agency of this state or any agency of a political subdivision of

4-25 this state may respond in a manner deemed appropriate by the director,

4-26 including, without limitation, assisting to quell the riot or disturbance.

4-27 7. The lessee, other than an agency of a political subdivision of this

4-28 state, shall indemnify this state, the political subdivisions of this state and

4-29 their officers, agents and employees, for any liability for any claim or loss

4-30 incurred by this state, a political subdivision of this state or their officers,

4-31 agents and employees as a result of the contract, including, without

4-32 limitation, liability for a civil rights claim or any other claim brought by or

4-33 on behalf of a prisoner at the Southern Nevada Correctional Center. The

4-34 provisions of this subsection do not deprive a lessee, this state, a political

4-35 subdivision of this state or their officers, agents and employees of the

4-36 benefits of any law that limits exposure to liability or damages.

4-37 8. The lessee, other than an agency of a political subdivision of this

4-38 state, shall maintain a policy of liability insurance, in a form approved by

4-39 the department, in an amount not less than the amount specified in the

4-40 contract, listing this state, the political subdivisions of this state and their

4-41 officers, agents and employees as insureds.

4-42 9. The lessee shall not release in this state a prisoner from the Southern

4-43 Nevada Correctional Center without the permission of the department

5-1 unless the committing jurisdiction of the prisoner is an agency of a political

5-2 subdivision of this state.

5-3 Sec. 5. Unless the lessee is an agency of a political subdivision of this

5-4 state, employees of the lessee who provide security at the Southern Nevada

5-5 Correctional Center may only use such lawful force and exercise such

5-6 lawful power as granted pursuant to the contract while:

5-7 1. Supervising a prisoner, at any location, if the prisoner is a prisoner

5-8 from the Southern Nevada Correctional Center.

5-9 2. Transporting a prisoner to or from the Southern Nevada

5-10 Correctional Center.

5-11 3. Pursuing a prisoner at the Southern Nevada Correctional Center who

5-12 has escaped from lawful custody.

5-13 Sec. 6. 1. Except as otherwise provided in subsection 3, while a

5-14 contract for the lease of the Southern Nevada Correctional Center as an

5-15 adult facility is in effect, a prisoner at the Southern Nevada Correctional

5-16 Center shall be deemed a prisoner of this state, and the Southern Nevada

5-17 Correctional Center shall be deemed a prison, facility or institution of this

5-18 state, for the purposes of chapter 212 of NRS, except for NRS 212.040 and

5-19 212.070.

5-20 2. While a contract for the lease of the Southern Nevada Correctional

5-21 Center as a juvenile facility is in effect, a prisoner at the Southern Nevada

5-22 Correctional Center shall be deemed a prisoner of this state, and the

5-23 Southern Nevada Correctional Center shall be deemed a facility or

5-24 institution of this state, for the purposes of chapter 62 of NRS.

5-25 3. For the purposes of prosecuting a person who is not a prisoner at the

5-26 Southern Nevada Correctional Center for any unlawful conduct relating to

5-27 a prisoner at the Southern Nevada Correctional Center, a prisoner at the

5-28 Southern Nevada Correctional Center shall be deemed a prisoner of this

5-29 state, and the Southern Nevada Correctional Center shall be deemed a

5-30 prison, facility or institution of this state, including, without limitation, for

5-31 the purposes of NRS 212.070.

5-32 Sec. 7. This act becomes effective on July 1, 1999.