Senate Bill No. 229–Committee on Government Affairs

(On Behalf of Department of Prisons)

February 22, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Expands powers of officers and employees of department of prisons. (BDR 23-639)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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 duties that the director of the department of prisons may assign to officers and employees of the department; authorizing the director of the department of prisons to designate officers and employees of the department as category I, category II and category III peace officers; 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. NRS 289.220 is hereby amended to read as follows:

1-2 289.220 1. The director , [of the department of prisons,] and any

1-3 officer or employee of the department of prisons so designated by the

1-4 director, have the powers of a peace officer when performing duties

1-5 prescribed by the director.

1-6 2. For the purposes of [this subsection,] subsection 1, the duties which

1-7 may be prescribed by the director include, but are not limited to [, pursuit] :

1-8 (a) Pursuit and return of escaped offenders [, transportation] ;

1-9 (b) Transportation and escort of offenders [and the] ;

1-10 (c) The general exercise of control over offenders within or outside the

1-11 confines of the institutions and facilities of the department [.

1-12 2.] ;

1-13 (d) Conducting an investigation related to the interests of the

1-14 department outside of the confines of the institutions and facilities of the

1-15 department; and

2-1 (e) Maintaining the security of the institutions and facilities of the

2-2 department, including, without limitation, exercising control over a

2-3 person who is not an offender if necessary to maintain the security of an

2-4 institution or facility.

2-5 3. The director may designate himself and any officer or employee of

2-6 the department as a category I, category II or category III peace officer.

2-7 4. A person appointed pursuant to NRS 211.115 to administer

2-8 detention facilities or a jail, and his subordinate jailers, corrections officers

2-9 and other employees whose duties involve law enforcement , have the

2-10 powers of a peace officer.

2-11 5. As used in this section, "director" means the director of the

2-12 department of prisons.

2-13 Sec. 2. NRS 481.053 is hereby amended to read as follows:

2-14 481.053 1. The governor shall appoint the peace officers’ standards

2-15 and training committee.

2-16 2. The committee consists of seven members, one appointed from

2-17 Clark County, one from Washoe County, three from any other counties, one

2-18 from category II peace officers and one from category III peace officers.

2-19 Members serve terms of 2 years from the date of appointment. Members

2-20 serve without compensation but are entitled to the per diem allowance and

2-21 travel expenses provided by law for state officers and employees generally.

2-22 3. The governor shall make the appointments from recommendations

2-23 submitted by Clark County, Washoe County, professional organizations of

2-24 sheriffs and police chiefs of this state, category II peace officers and

2-25 category III peace officers.

2-26 4. The committee shall:

2-27 (a) Meet at the call of the chairman, who must be elected by the

2-28 members of the committee.

2-29 (b) Provide for and encourage the training and education of peace

2-30 officers in order to improve the system of criminal justice.

2-31 (c) Adopt regulations establishing minimum standards for the

2-32 certification and decertification, recruitment, selection and training of peace

2-33 officers.

2-34 (d) Make necessary inquiries to determine whether agencies of the state

2-35 and of local governments are complying with standards set forth in its

2-36 regulations.

2-37 (e) Carry out the duties required of the committee pursuant to NRS

2-38 432B.610 and 432B.620.

2-39 5. Regulations adopted by the committee:

2-40 (a) Apply to all agencies of the state and of local governments which

2-41 employ persons as peace officers;

2-42 (b) Must require that all peace officers receive training in the handling

2-43 of cases involving abuse or neglect of children or missing children; and

3-1 (c) May require that training be carried on at institutions which it

3-2 approves in those regulations.

3-3 6. The director may adopt regulations necessary for the operation of

3-4 the committee and the enforcement of laws administered by the committee.

3-5 7. As used in this section:

3-6 (a) "Category II peace officer" means:

3-7 (1) The bailiff of the supreme court;

3-8 (2) The bailiffs of the district courts, justices’ courts and municipal

3-9 courts whose duties require them to carry weapons and make arrests;

3-10 (3) Constables and their deputies whose official duties require them to

3-11 carry weapons and make arrests;

3-12 (4) Inspectors employed by the transportation services authority who

3-13 exercise those powers of enforcement conferred by chapters 706 and 712 of

3-14 NRS;

3-15 (5) Parole and probation officers;

3-16 (6) Special investigators who are employed full time by the office of

3-17 any district attorney or the attorney general;

3-18 (7) Investigators of arson for fire departments who are specially

3-19 designated by the appointing authority;

3-20 (8) The assistant and deputies of the state fire marshal;

3-21 (9) The brand inspectors of the division of agriculture of the

3-22 department of business and industry who exercise the powers of

3-23 enforcement conferred in chapter 565 of NRS;

3-24 (10) Investigators for the state forester firewarden who are specially

3-25 designated by him and whose primary duties are the investigation of arson;

3-26 (11) School police officers employed by the board of trustees of any

3-27 county school district;

3-28 (12) Agents of the state gaming control board who exercise the

3-29 powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

3-30 except those agents whose duties relate primarily to auditing, accounting,

3-31 the collection of taxes or license fees, or the investigation of applicants for

3-32 licenses;

3-33 (13) Investigators and administrators of the bureau of enforcement of

3-34 the registration division of the department of motor vehicles and public

3-35 safety who perform the duties specified in subsection 3 of NRS 481.048;

3-36 (14) Officers and investigators of the section for the control of

3-37 emissions from vehicles of the registration division of the department of

3-38 motor vehicles and public safety who perform the duties specified in

3-39 subsection 3 of NRS 481.0481;

3-40 (15) Legislative police officers of the State of Nevada;

3-41 (16) The personnel of the capitol police division of the department of

3-42 motor vehicles and public safety appointed pursuant to subsection 2 of

3-43 NRS 331.140;

4-1 (17) Parole counselors of the division of child and family services of

4-2 the department of human resources;

4-3 (18) Juvenile probation officers and deputy juvenile probation

4-4 officers employed by the various judicial districts in Nevada or by a

4-5 department of family, youth and juvenile services established pursuant to

4-6 NRS 62.1264 whose official duties require them to enforce court orders on

4-7 juvenile offenders and make arrests;

4-8 (19) Field investigators of the taxicab authority;

4-9 (20) Security officers employed full time by a city or county whose

4-10 official duties require them to carry weapons and make arrests; [and]

4-11 (21) The chief of a department of alternative sentencing created

4-12 pursuant to NRS 211A.080 and the assistant alternative sentencing officers

4-13 employed by that department [.] ; and

4-14 (22) Any officer or employee of the department of prisons who is so

4-15 designated by the director of the department pursuant to NRS 289.220.

4-16 (b) "Category III peace officer" means peace officers whose authority is

4-17 limited to correctional or detention services and any officer or employee

4-18 of the department of prisons who:

4-19 (1) Is so designated by the director of the department; and

4-20 (2) Possesses authority that is limited to correctional services . [, and

4-21 includes the superintendents and correctional officers of the department of

4-22 prisons.]

4-23 Sec. 3. This act becomes effective on July 1, 1999.

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