Senate Bill No. 115–Committee on Judiciary

(On Behalf of Washoe County)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes county or city to seek reimbursement of costs for administering program as alternative to incarceration. (BDR 16-560)

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; authorizing a county or city to seek reimbursement of costs from a nonindigent prisoner sentenced to a program as an alternative to incarceration; 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 211 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. "Alternative program" means a program to which a prisoner

1-4 may be assigned as an alternative to incarceration.

1-5 Sec. 3. "Prisoner" means a person who has been convicted of a

1-6 crime punishable pursuant to the laws of this state and:

1-7 1. Sentenced to a term of imprisonment in a county or city jail or

1-8 detention facility, including a person sentenced as a condition of

1-9 probation, but not including a person committed to a county jail

1-10 pursuant to NRS 211.060; or

1-11 2. Assigned to an alternative program.

1-12 Sec. 4. NRS 211.241 is hereby amended to read as follows:

1-13 211.241 As used in NRS 211.241 to 211.249, inclusive, and sections 2

1-14 and 3 of this act, unless the context otherwise requires, ["prisoner" means a

1-15 person who has been convicted and sentenced to a term of imprisonment in

1-16 a county or city jail or detention facility for any crime punishable under the

1-17 laws of this state, including a person sentenced as a condition of probation,

2-1 but does not include a person who is committed to a county jail pursuant to

2-2 NRS 211.060.] the words and terms defined in sections 2 and 3 of this act

2-3 have the meanings ascribed to them in those sections.

2-4 Sec. 5. NRS 211.2415 is hereby amended to read as follows:

2-5 211.2415 1. A board of county commissioners or the governing body

2-6 of an incorporated city may seek reimbursement from a nonindigent

2-7 prisoner for expenses incurred by the county or city for [the] :

2-8 (a) The maintenance and support of the prisoner in a county or city jail

2-9 or detention facility [,] to which the prisoner has been assigned, including

2-10 expenses incurred during a period of pretrial detention if time served during

2-11 the pretrial detention is credited by the court against any sentence imposed

2-12 [.] ; or

2-13 (b) The administration of an alternative program to which the

2-14 prisoner has been assigned, including, without limitation, the costs of

2-15 supervising the prisoner in the program.

2-16 2. The amount of reimbursement sought by a county or city pursuant to

2-17 paragraph (a) of subsection 1 must not exceed the actual cost per day for

2-18 the maintenance and support of the prisoner and may include, without

2-19 limitation, the costs of providing heating, air conditioning, food, clothing,

2-20 bedding and medical care to a prisoner.

2-21 Sec. 6. NRS 211.243 is hereby amended to read as follows:

2-22 211.243 If a board of county commissioners or the governing body of

2-23 an incorporated city so requests, the sheriff of the county, [or] the

2-24 administrator of the department of detention of an incorporated city , [or]

2-25 the person appointed to administer a city jail [,] or the administrator of an

2-26 alternative program shall provide to the board or governing body a list

2-27 which contains:

2-28 1. The name of each prisoner currently serving a term of imprisonment

2-29 in the county or city jail or detention facility [;] , or currently assigned to

2-30 an alternative program;

2-31 2. The length of the term of imprisonment or assignment to an

2-32 alternative program of each prisoner, including the number of days served

2-33 during a period of pretrial detention, if any;

2-34 3. The date of admission of each prisoner; and

2-35 4. All available information concerning the financial status of each

2-36 prisoner.

2-37 Sec. 7. NRS 211.244 is hereby amended to read as follows:

2-38 211.244 1. At any time after the conviction of a prisoner, and after

2-39 the financial status of the prisoner has been determined or the prisoner has

2-40 refused or failed to complete and sign the form required by NRS 211.242,

2-41 the sheriff of the county, [or] the administrator of the department of

2-42 detention of an incorporated city , [or] the person appointed to administer a

2-43 city jail [,] or the administrator of an alternative program may issue a

3-1 written demand to the prisoner for reimbursement , pursuant to NRS

3-2 211.2415, of the expenses incurred by the county or city for the prisoner’s

3-3 maintenance and support during his period of imprisonment [.] or

3-4 assignment to an alternative program.

3-5 2. Except as otherwise provided in subsection 3, the prisoner shall pay

3-6 the total amount due when the written demand is issued. The prisoner may

3-7 arrange to make payments on a monthly basis. If such arrangements are

3-8 made, the prisoner must be provided with a monthly billing statement

3-9 which specifies the date on which his next payment is due.

3-10 3. A court may order a prisoner to perform supervised work for the

3-11 benefit of the community to satisfy the written demand for reimbursement.

3-12 Each hour of work performed by the prisoner reduces the amount he owes

3-13 by $8. If the prisoner does not satisfy the written demand for

3-14 reimbursement within the time set by the court, the district attorney for a

3-15 county or the city attorney for an incorporated city may file a civil action

3-16 pursuant to NRS 211.245.

3-17 Sec. 8. NRS 211.245 is hereby amended to read as follows:

3-18 211.245 1. If a prisoner fails to make a payment within 10 days after

3-19 it is due, the district attorney for a county or the city attorney for an

3-20 incorporated city may file a civil action in any court of competent

3-21 jurisdiction within this state seeking recovery of:

3-22 (a) The amount of reimbursement due;

3-23 (b) Costs incurred in conducting an investigation of the financial status

3-24 of the prisoner; and

3-25 (c) Attorney’s fees and costs.

3-26 2. A civil action brought pursuant to this section must:

3-27 (a) Be instituted in the name of the county or city in which the jail , [or]

3-28 detention facility or alternative program is located;

3-29 (b) Indicate the date and place of sentencing, including , without

3-30 limitation, the name of the court which imposed the sentence;

3-31 (c) Include the record of judgment of conviction, if available;

3-32 (d) Indicate the length of time served by the prisoner and, if he has been

3-33 released, the date of his release; and

3-34 (e) Indicate the amount of reimbursement that the prisoner owes to the

3-35 county or city.

3-36 3. The county or city treasurer of the county or incorporated city in

3-37 which a prisoner is or was confined shall determine the amount of

3-38 reimbursement that the prisoner owes to the city or county. The county or

3-39 city treasurer may render a sworn statement indicating the amount of

3-40 reimbursement that the prisoner owes and submit the statement in support

3-41 of a civil action brought pursuant to this section. Such a statement is prima

3-42 facie evidence of the amount due.

4-1 4. A court in a civil action brought pursuant to this section may award

4-2 a money judgment in favor of the county or city in whose name the action

4-3 was brought.

4-4 5. If necessary to prevent the disposition of the prisoner’s property by

4-5 the prisoner, or his spouse or agent, a county or city may file a motion for a

4-6 temporary restraining order. The court may, without a hearing, issue ex

4-7 parte orders restraining any person from transferring, encumbering,

4-8 hypothecating, concealing or in any way disposing of any property of the

4-9 prisoner, real or personal, whether community or separate, except for

4-10 necessary living expenses.

4-11 6. The payment, pursuant to a judicial order, of existing obligations

4-12 for:

4-13 (a) Child support or alimony;

4-14 (b) Restitution to victims of crimes; and

4-15 (c) Any administrative assessment required to be paid pursuant to NRS

4-16 62.223, 176.059 and 176.062,

4-17 has priority over the payment of a judgment entered pursuant to this

4-18 section.

4-19 Sec. 9. NRS 211.246 is hereby amended to read as follows:

4-20 211.246 1. A prisoner who is or was sentenced to a term of

4-21 imprisonment in a county or city jail or detention facility or to an

4-22 alternative program shall cooperate with the board of county

4-23 commissioners or the governing body of an incorporated city in satisfying

4-24 the reimbursement sought by the board or body pursuant to the provisions

4-25 of NRS 211.241 to 211.249, inclusive.

4-26 2. A prisoner who willfully refuses to cooperate with the requirement

4-27 of NRS 211.242 may not receive a reduction of or a credit on his term of

4-28 imprisonment under any provision of this chapter.

4-29 Sec. 10. NRS 211.247 is hereby amended to read as follows:

4-30 211.247 The sheriff of the county , [or] the administrator of the

4-31 department of detention of an incorporated city , [or] a person chosen to

4-32 administer a city jail or the administrator of an alternative program shall

4-33 provide the district attorney of the county or the city attorney of the

4-34 incorporated city all information and assistance possible to enable the

4-35 district or city attorney to secure reimbursement for the county or city

4-36 pursuant to the provisions of NRS 211.241 to 211.249, inclusive.

4-37 Sec. 11. This act becomes effective upon passage and approval.

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