(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 55–Committee on Government Affairs

 

Prefiled January 30, 2001

 

____________

 

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.

 

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 must] in which a branch county jail is located

2-1  may be imprisoned in the branch county jail instead of in the county jail .

2-2  [at the 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