Assembly Bill No. 580–Committee on Judiciary

 

(On Behalf of Department of Prisons)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Eliminates provisions pertaining to contracts concerning sale or donation of blood or blood plasma by offenders. (BDR 16‑622)

 

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 the department of prisons; eliminating the provisions pertaining to contracts concerning the sale or donation of blood or blood plasma by offenders; 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 209.461 is hereby amended to read as follows:

1-2    209.461  1.  The director shall:

1-3    (a) To the greatest extent possible, approximate the normal conditions

1-4  of training and employment in the community.

1-5    (b) Except as otherwise provided in this section, to the extent

1-6  practicable, require each offender, except those whose behavior is found by

1-7  the director to preclude participation, to spend 40 hours each week in

1-8  vocational training or employment, unless excused for a medical reason or

1-9  to attend educational classes in accordance with NRS 209.396. The director

1-10  shall require as a condition of employment that an offender sign an

1-11  authorization for the deductions from his wages made pursuant to NRS

1-12  209.463. Authorization to make the deductions pursuant to NRS 209.463 is

1-13  implied from the employment of an offender and a signed authorization

1-14  from the offender is not required for the director to make the deductions

1-15  pursuant to NRS 209.463.

1-16    (c) Use the earnings from services and manufacturing conducted by the

1-17  institutions and the money paid by private employers who employ the

1-18  offenders to offset the costs of operating the prison system and to provide

1-19  wages for the offenders being trained or employed.

2-1    (d) Provide equipment, space and management for services and

2-2  manufacturing by offenders.

2-3    (e) Employ craftsmen and other personnel to supervise and instruct

2-4  offenders.

2-5    (f) [Except as otherwise provided in NRS 209.383, contract] Contract

2-6  with governmental agencies and private employers for the employment of

2-7  offenders, including their employment on public works projects under

2-8  contracts with the state and with local governments.

2-9    (g) Contract for the use of offenders’ services and for the sale of goods

2-10  manufactured by offenders.

2-11    2.  Every program for the employment of offenders established by the

2-12  director must:

2-13    (a) Employ the maximum number of offenders possible;

2-14    (b) Except as otherwise provided in NRS 209.192, provide for the use

2-15  of money produced by the program to reduce the cost of maintaining the

2-16  offenders in the institutions;

2-17    (c) Have an insignificant effect on the number of jobs available to the

2-18  residents of this state; and

2-19    (d) Provide occupational training for offenders.

2-20    3.  An offender may not engage in vocational training, employment or

2-21  a business that requires or permits the offender to:

2-22    (a) Telemarket or conduct opinion polls by telephone; or

2-23    (b) Acquire, review, use or have control over or access to personal

2-24  information concerning any person who is not incarcerated.

2-25    4.  Each fiscal year, the cumulative profits and losses, if any, of the

2-26  programs for the employment of offenders established by the director must

2-27  result in a profit for the department. The following must not be included in

2-28  determining whether there is a profit for the department:

2-29    (a) Fees credited to the fund for prison industries pursuant to NRS

2-30  482.268, any revenue collected by the department for the leasing of space,

2-31  facilities or equipment within the institutions or facilities of the department

2-32  and any interest or income earned on the money in the fund for prison

2-33  industries.

2-34    (b) The selling expenses of the central administrative office of the

2-35  programs for the employment of offenders. As used in this paragraph,

2-36  “selling expenses” means delivery expenses, salaries of sales personnel and

2-37  related payroll taxes and costs, the costs of advertising and the costs of

2-38  display models.

2-39    (c) The general and administrative expenses of the central

2-40  administrative office of the programs for the employment of offenders. As

2-41  used in this paragraph, “general and administrative expenses” means the

2-42  salary of the assistant director of industrial programs and the salaries of any

2-43  other personnel of the central administrative office and related payroll

2-44  taxes and costs, the costs of telephone usage and the costs of office

2-45  supplies used and postage used.

2-46    5.  Except as otherwise provided in subsection 3, the director may, with

2-47  the approval of the board:

3-1    (a) Lease spaces and facilities within any institution of the department

3-2  to private employers to be used for the vocational training and employment

3-3  of offenders.

3-4    (b) Grant to reliable offenders the privilege of leaving institutions or

3-5  facilities of the department at certain times for the purpose of vocational

3-6  training or employment.

3-7    6.  The provisions of this chapter do not create a right on behalf of the

3-8  offender to employment or to receive the federal or state minimum wage

3-9  for any employment and do not establish a basis for any cause of action

3-10  against the state or its officers or employees for employment of an offender

3-11  or for payment of the federal or state minimum wage to an offender.

3-12    Sec. 2.  NRS 209.383 is hereby repealed.

 

3-13  TEXT OF REPEALED SECTION

 

3-14    209.383  Director authorized to suspend, terminate or renegotiate

3-15   contracts for sale or donation of blood by offenders; requirements for

3-16   contract; account for destitute prisoners.

3-17    1.  The director may suspend or terminate operations and obligations or

3-18   renegotiate the terms of any contract concerning the sale or donation by

3-19   offenders of blood or blood plasma. Before suspending or terminating

3-20   operations and obligations or renegotiating the terms of an agreement

3-21   pursuant to this subsection, the director must obtain the approval of:

3-22    (a) The legislature, by concurrent resolution, when the legislature is in

3-23   regular or special session; or

3-24    (b) The interim finance committee, when the legislature is not in regular

3-25   or special session.

3-26    2.  A contract concerning the sale or donation by offenders of blood or

3-27   blood plasma entered into or renegotiated by the director must:

3-28    (a) Have a definite term; and

3-29    (b) Be subject to an absolute right on the part of the director to suspend

3-30   or terminate operations and obligations or renegotiate the terms of the

3-31   contract.

3-32  The director must consider the expenses of administration and the profits to

3-33   be derived by the state before entering into or renegotiating a contract

3-34   pursuant to this subsection.

3-35    3.  All revenue from a program for the sale by offenders of blood or

3-36   blood plasma in excess of the cost of the program must be placed in the

3-37   account for destitute prisoners which is hereby created in the prisoners’

3-38   personal property fund. The interest and income earned on money in the

3-39   account after deducting any applicable charges, must be credited to the

3-40   account. Money in the account may only be withdrawn by:

3-41    (a) The director to pay monthly stipends to destitute offenders;

3-42    (b) The legislature, by concurrent resolution, when the legislature is in

3-43   regular or special session; and

4-1    (c) The interim finance committee, when the legislature is not in regular

4-2  or special session.

 

4-3  H