Senate Bill No. 321–Senator Jacobsen (by request)

March 5, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions relating to correctional officers of department of prisons. (BDR 16-1072)

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 the department of prisons; requiring correctional officers of the department of prisons to complete a program of training during their first year of employment; establishing a standardized badge for correctional officers and retired correctional officers of the department; reclassifying peace officers who are superintendents and correctional officers of the department upon the completion of additional training; 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 209 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. 1. A correctional officer shall, not later than 1 year after he

1-4 begins his employment with the department, complete a program of

1-5 training for correctional officers of at least 280 hours.

1-6 2. The program of training must include:

1-7 (a) At least 40 hours of instruction in the structure, organization and

1-8 operation of the facility or institution where he is employed;

1-9 (b) At least 80 hours of instruction in assisting a supervisor in the

1-10 management of the facility or institution;

1-11 (c) At least 80 hours of instruction in:

1-12 (1) Maintaining order, discipline and security within the housing

1-13 units of the general population of the facility or institution; and

1-14 (2) Providing the general population of the facility or institution

1-15 with a humane, safe and sanitary environment; and

2-1 (d) At least 80 hours of instruction in disciplinary segregation,

2-2 protective segregation and administrative segregation of the general

2-3 population of the facility or institution.

2-4 3. After a correctional officer has completed the program of training

2-5 required by subsection 1, the department shall examine and evaluate the

2-6 correctional officer for at least 40 hours to determine his knowledge of

2-7 the facility or institution where he is employed and his proficiency in

2-8 performing the duties for which he received instruction.

2-9 4. The director shall:

2-10 (a) Provide the program of training for correctional officers required

2-11 by subsection 1; and

2-12 (b) Adopt regulations to carry out the provisions of this section.

2-13 Sec. 3. 1. The director shall ensure that the badges issued by the

2-14 department are issued only to the correctional officers of the department.

2-15 2. Each badge issued by the department to a correctional officer

2-16 must:

2-17 (a) Be designed with seven points;

2-18 (b) Be silver in color with a silver nonenamel state seal for

2-19 correctional officers who have not been assigned permanent

2-20 administrative duties;

2-21 (c) Be gold in color with a silver nonenamel state seal for correctional

2-22 officers who have been assigned permanent administrative duties;

2-23 (d) Have a unique number clearly printed on the badge; and

2-24 (e) Be issued in duplicate.

2-25 3. Except as otherwise provided in subsection 4, the badges issued to

2-26 the correctional officers of the department are the property of the

2-27 department and must be surrendered to the department upon termination

2-28 of employment.

2-29 4. A correctional officer who has retired from the department may,

2-30 upon the payment of a fee, purchase a badge that is identical to the

2-31 badge he was required to wear at the time of his retirement from the

2-32 department, except that the word "retired" must be printed in the place

2-33 where the number on the badge appeared. The director shall, by

2-34 regulation, prescribe a fee for the purchase of such a badge.

2-35 Sec. 4. NRS 481.053 is hereby amended to read as follows:

2-36 481.053 1. The governor shall appoint the peace officers’ standards

2-37 and training committee.

2-38 2. The committee consists of seven members, one appointed from

2-39 Clark County, one from Washoe County, three from any other counties, one

2-40 from category II peace officers and one from category III peace officers.

2-41 Members serve terms of 2 years from the date of appointment. Members

2-42 serve without compensation but are entitled to the per diem allowance and

2-43 travel expenses provided by law for state officers and employees generally.

3-1 3. The governor shall make the appointments from recommendations

3-2 submitted by Clark County, Washoe County, professional organizations of

3-3 sheriffs and police chiefs of this state, category II peace officers and

3-4 category III peace officers.

3-5 4. The committee shall:

3-6 (a) Meet at the call of the chairman, who must be elected by the

3-7 members of the committee.

3-8 (b) Provide for and encourage the training and education of peace

3-9 officers [in order] to improve the system of criminal justice.

3-10 (c) Adopt regulations establishing minimum standards for the

3-11 certification and decertification, recruitment, selection and training of peace

3-12 officers.

3-13 (d) Make necessary inquiries to determine whether agencies of the state

3-14 and of local governments are complying with the standards set forth in its

3-15 regulations.

3-16 (e) Carry out the duties required of the committee pursuant to NRS

3-17 432B.610 and 432B.620.

3-18 5. Regulations adopted by the committee:

3-19 (a) Apply to all agencies of the state and of local governments which

3-20 employ persons as peace officers;

3-21 (b) Must require that all peace officers receive training in the handling

3-22 of cases involving abuse or neglect of children or missing children; and

3-23 (c) May require that training be carried on at institutions which it

3-24 approves in those regulations.

3-25 6. The director may adopt regulations necessary for the operation of

3-26 the committee and the enforcement of laws administered by the committee.

3-27 7. As used in this section:

3-28 (a) "Category II peace officer" means:

3-29 (1) The bailiff of the supreme court;

3-30 (2) The bailiffs of the district courts, justices’ courts and municipal

3-31 courts whose duties require them to carry weapons and make arrests;

3-32 (3) Constables and their deputies whose official duties require them to

3-33 carry weapons and make arrests;

3-34 (4) Inspectors employed by the transportation services authority who

3-35 exercise those powers of enforcement conferred by chapters 706 and 712 of

3-36 NRS;

3-37 (5) Parole and probation officers;

3-38 (6) Special investigators who are employed full time by the office of

3-39 any district attorney or the attorney general;

3-40 (7) Investigators of arson for fire departments who are specially

3-41 designated by the appointing authority;

3-42 (8) The assistant and deputies of the state fire marshal;

4-1 (9) The brand inspectors of the division of agriculture of the

4-2 department of business and industry who exercise the powers of

4-3 enforcement conferred in chapter 565 of NRS;

4-4 (10) Investigators for the state forester firewarden who are specially

4-5 designated by him and whose primary duties are the investigation of arson;

4-6 (11) School police officers employed by the board of trustees of any

4-7 county school district;

4-8 (12) Agents of the state gaming control board who exercise the

4-9 powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

4-10 except those agents whose duties relate primarily to auditing, accounting,

4-11 the collection of taxes or license fees, or the investigation of applicants for

4-12 licenses;

4-13 (13) Investigators and administrators of the bureau of enforcement of

4-14 the registration division of the department of motor vehicles and public

4-15 safety who perform the duties specified in subsection 3 of NRS 481.048;

4-16 (14) Officers and investigators of the section for the control of

4-17 emissions from vehicles of the registration division of the department of

4-18 motor vehicles and public safety who perform the duties specified in

4-19 subsection 3 of NRS 481.0481;

4-20 (15) Legislative police officers of the State of Nevada;

4-21 (16) The personnel of the capitol police division of the department of

4-22 motor vehicles and public safety appointed pursuant to subsection 2 of

4-23 NRS 331.140;

4-24 (17) Parole counselors of the division of child and family services of

4-25 the department of human resources;

4-26 (18) Juvenile probation officers and deputy juvenile probation

4-27 officers employed by the various judicial districts in Nevada or by a

4-28 department of family, youth and juvenile services established pursuant to

4-29 NRS 62.1264 whose official duties require them to enforce court orders on

4-30 juvenile offenders and make arrests;

4-31 (19) Field investigators of the taxicab authority;

4-32 (20) Security officers employed full time by a city or county whose

4-33 official duties require them to carry weapons and make arrests; [and]

4-34 (21) The chief of a department of alternative sentencing created

4-35 pursuant to NRS 211A.080 and the assistant alternative sentencing officers

4-36 employed by that department [.] ; and

4-37 (22) Superintendents and correctional officers of the department of

4-38 prisons.

4-39 (b) "Category III peace officer" means a peace [officers] officer who is

4-40 not an employee of the department of prisons and whose authority is

4-41 limited to correctional services . [, and includes the superintendents and

4-42 correctional officers of the department of prisons.]

5-1 Sec. 5. 1. A correctional officer who has been employed by the

5-2 department of prisons for less than 1 year as of October 1, 1999, shall

5-3 complete the program of training for correctional officers required by

5-4 section 2 of this act before October 1, 2000.

5-5 2. The department of prisons shall provide to each superintendent and

5-6 correctional officer of the department the training required by NRS

5-7 481.053 for category II peace officers before April 1, 2000.

5-8 3. A superintendent or correctional officer is not required to complete

5-9 any training required by NRS 481.053 for category II peace officers that

5-10 the superintendent or correctional officer has completed as a requirement

5-11 for category III peace officers.

5-12 4. Superintendents and correctional officers of the department of

5-13 prisons remain category III peace officers until they complete the training

5-14 required by NRS 481.053 for category II peace officers pursuant to

5-15 subsection 2.

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