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
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 thereto1-2
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 he1-4
begins his employment with the department, complete a program of1-5
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 and1-8
operation of the facility or institution where he is employed;1-9
(b) At least 80 hours of instruction in assisting a supervisor in the1-10
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 housing1-13
units of the general population of the facility or institution; and1-14
(2) Providing the general population of the facility or institution1-15
with a humane, safe and sanitary environment; and2-1
(d) At least 80 hours of instruction in disciplinary segregation,2-2
protective segregation and administrative segregation of the general2-3
population of the facility or institution.2-4
3. After a correctional officer has completed the program of training2-5
required by subsection 1, the department shall examine and evaluate the2-6
correctional officer for at least 40 hours to determine his knowledge of2-7
the facility or institution where he is employed and his proficiency in2-8
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 required2-11
by subsection 1; and2-12
(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 the2-14
department are issued only to the correctional officers of the department.2-15
2. Each badge issued by the department to a correctional officer2-16
must:2-17
(a) Be designed with seven points;2-18
(b) Be silver in color with a silver nonenamel state seal for2-19
correctional officers who have not been assigned permanent2-20
administrative duties;2-21
(c) Be gold in color with a silver nonenamel state seal for correctional2-22
officers who have been assigned permanent administrative duties;2-23
(d) Have a unique number clearly printed on the badge; and2-24
(e) Be issued in duplicate.2-25
3. Except as otherwise provided in subsection 4, the badges issued to2-26
the correctional officers of the department are the property of the2-27
department and must be surrendered to the department upon termination2-28
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 the2-31
badge he was required to wear at the time of his retirement from the2-32
department, except that the word "retired" must be printed in the place2-33
where the number on the badge appeared. The director shall, by2-34
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: 481.053 1. The governor shall appoint the peace officers’ standards2-37
and training committee.2-38
2. The committee consists of seven members, one appointed from2-39
Clark County, one from Washoe County, three from any other counties, one2-40
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. Members2-42
serve without compensation but are entitled to the per diem allowance and2-43
travel expenses provided by law for state officers and employees generally.3-1
3. The governor shall make the appointments from recommendations3-2
submitted by Clark County, Washoe County, professional organizations of3-3
sheriffs and police chiefs of this state, category II peace officers and3-4
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 the3-7
members of the committee.3-8
(b) Provide for and encourage the training and education of peace3-9
officers3-10
(c) Adopt regulations establishing minimum standards for the3-11
certification and decertification, recruitment, selection and training of peace3-12
officers.3-13
(d) Make necessary inquiries to determine whether agencies of the state3-14
and of local governments are complying with the standards set forth in its3-15
regulations.3-16
(e) Carry out the duties required of the committee pursuant to NRS3-17
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 which3-20
employ persons as peace officers;3-21
(b) Must require that all peace officers receive training in the handling3-22
of cases involving abuse or neglect of children or missing children; and3-23
(c) May require that training be carried on at institutions which it3-24
approves in those regulations.3-25
6. The director may adopt regulations necessary for the operation of3-26
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 municipal3-31
courts whose duties require them to carry weapons and make arrests;3-32
(3) Constables and their deputies whose official duties require them to3-33
carry weapons and make arrests;3-34
(4) Inspectors employed by the transportation services authority who3-35
exercise those powers of enforcement conferred by chapters 706 and 712 of3-36
NRS;3-37
(5) Parole and probation officers;3-38
(6) Special investigators who are employed full time by the office of3-39
any district attorney or the attorney general;3-40
(7) Investigators of arson for fire departments who are specially3-41
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 the4-2
department of business and industry who exercise the powers of4-3
enforcement conferred in chapter 565 of NRS;4-4
(10) Investigators for the state forester firewarden who are specially4-5
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 any4-7
county school district;4-8
(12) Agents of the state gaming control board who exercise the4-9
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 for4-12
licenses;4-13
(13) Investigators and administrators of the bureau of enforcement of4-14
the registration division of the department of motor vehicles and public4-15
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 of4-17
emissions from vehicles of the registration division of the department of4-18
motor vehicles and public safety who perform the duties specified in4-19
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 of4-22
motor vehicles and public safety appointed pursuant to subsection 2 of4-23
NRS 331.140;4-24
(17) Parole counselors of the division of child and family services of4-25
the department of human resources;4-26
(18) Juvenile probation officers and deputy juvenile probation4-27
officers employed by the various judicial districts in Nevada or by a4-28
department of family, youth and juvenile services established pursuant to4-29
NRS 62.1264 whose official duties require them to enforce court orders on4-30
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 whose4-33
official duties require them to carry weapons and make arrests;4-34
(21) The chief of a department of alternative sentencing created4-35
pursuant to NRS 211A.080 and the assistant alternative sentencing officers4-36
employed by that department4-37
(22) Superintendents and correctional officers of the department of4-38
prisons.4-39
(b) "Category III peace officer" means a peace4-40
not an employee of the department of prisons and whose authority is4-41
limited to correctional services .4-42
5-1
Sec. 5. 1. A correctional officer who has been employed by the5-2
department of prisons for less than 1 year as of October 1, 1999, shall5-3
complete the program of training for correctional officers required by5-4
section 2 of this act before October 1, 2000.5-5
2. The department of prisons shall provide to each superintendent and5-6
correctional officer of the department the training required by NRS5-7
481.053 for category II peace officers before April 1, 2000.5-8
3. A superintendent or correctional officer is not required to complete5-9
any training required by NRS 481.053 for category II peace officers that5-10
the superintendent or correctional officer has completed as a requirement5-11
for category III peace officers.5-12
4. Superintendents and correctional officers of the department of5-13
prisons remain category III peace officers until they complete the training5-14
required by NRS 481.053 for category II peace officers pursuant to5-15
subsection 2.~