Assembly Bill No. 55–Committee on Government Affairs

Prefiled January 30, 2001

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Referred to Committee on Judiciary

SUMMARY—Eliminates requirement that county jail be located at county seat. (BDR 16‑795)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: 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 county jails; eliminating the requirement that a county jail be located at the county seat; 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 211.010 is hereby amended to read as follows:

1-2 211.010 1. Except as otherwise provided in subsection 2, at least one

1-3 [common] county jail must be built or provided in each county, and

1-4 maintained in good repair at the expense of the county. The county jail

1-5 required by this section is not required to be located in conjunction with

1-6 the office of the sheriff that is maintained at the county seat if the board

1-7 of county commissioners determines that a different location in the

1-8 county would better serve the needs of the county. Upon such a

1-9 determination, the county jail may be located at any place in the county.

1-10 2. The board of county commissioners of a county, with the

1-11 concurrence of the sheriff, may enter into an agreement with any other

1-12 county or city in this state, in accordance with the provisions of NRS

1-13 277.080 to 277.180, inclusive, for the construction, operation or

1-14 maintenance of a jail or the detention of the prisoners of the county.

1-15 Sec. 2. NRS 211.090 is hereby amended to read as follows:

1-16 211.090 1. A board of county commissioners may establish a branch

1-17 county jail in any township in the county except the township [containing

1-18 the county seat,] where the county jail required by NRS 211.010 is

1-19 located, if in its judgment the public needs require it, and provide that

1-20 persons charged with or convicted of a misdemeanor in the township

1-21 [mentioned in the order] in which a branch county jail is located must be

2-1 imprisoned in the branch county jail instead of in the county jail . [at the

2-2 county seat.]

2-3 2. Any judge or justice of the peace before whom a conviction may be

2-4 had may order that a prisoner be imprisoned in the county jail of the county

2-5 wherein [such] the conviction may be had if the public safety or the safety

2-6 of [such] the prisoner requires it.

2-7 Sec. 3. NRS 243.140 is hereby amended to read as follows:

2-8 243.140 The county seat of Eureka County is located at the town of

2-9 Eureka. A courthouse [, jail] and other necessary county buildings [shall]

2-10 must be provided by the board of county commissioners of Eureka County.

2-11 Sec. 4. This act becomes effective on July 1, 2001..

2-12 H