Senate Bill No. 240–Committee on Judiciary

 

(On Behalf of Nevada Association of Counties)

 

February 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Authorizes county or city to seek reimbursement from nonindigent prisoner for cost of booking and releasing prisoner. (BDR 16‑416)

 

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 prisoners; authorizing a county or city to seek reimbursement from a nonindigent prisoner for the cost of booking and releasing the prisoner; 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 211.2415 is hereby amended to read as follows:

1-2    211.2415  1.  A board of county commissioners or the governing body

1-3  of an incorporated city may seek reimbursement from a nonindigent

1-4  prisoner for expenses incurred by the county or city for:

1-5    (a) The booking, maintenance , [and] support and release of the

1-6  prisoner , [in a county or city jail or detention facility to which the prisoner

1-7  has been assigned,] including expenses incurred during a period of pretrial

1-8  detention if time served during the pretrial detention is credited by the

1-9  court against any sentence imposed; or

1-10    (b) The administration of an alternative program to which the prisoner

1-11  has been assigned, including, without limitation, the costs of supervising

1-12  the prisoner in the program.

1-13    2.  The amount of reimbursement sought by a county or city pursuant

1-14  to paragraph (a) of subsection 1 must not exceed the actual cost [per day]

1-15  for the booking, maintenance , [and] support and release of the prisoner

1-16  and may include, without limitation, the costs of providing heating, air

1-17  conditioning, food, clothing, bedding and medical care to a prisoner.

1-18    Sec. 2.  NRS 211.244 is hereby amended to read as follows:

1-19    211.244  1.  At any time after the conviction of a prisoner, and after

1-20  the financial status of the prisoner has been determined or the prisoner has

2-1  refused or failed to complete and sign the form required by NRS 211.242,

2-2  the sheriff of the county, the administrator of the department of detention

2-3  of an incorporated city, the person appointed to administer a city jail or the

2-4  administrator of an alternative program may issue a written demand to the

2-5  prisoner for reimbursement, pursuant to NRS 211.2415, of the expenses

2-6  incurred by the county or city for the [prisoner’s maintenance and support

2-7  during his period of imprisonment] booking, maintenance, support and

2-8  release of the prisoner or assignment of the prisoner to an alternative

2-9  program.

2-10    2.  Except as otherwise provided in subsection 3, the prisoner shall pay

2-11  the total amount due when the written demand is issued. The prisoner may

2-12  arrange to make payments on a monthly basis. If such arrangements are

2-13  made, the prisoner must be provided with a monthly billing statement

2-14  which specifies the date on which his next payment is due.

2-15    3.  A court may order a prisoner to perform supervised work for the

2-16  benefit of the community to satisfy the written demand for reimbursement.

2-17  Each hour of work performed by the prisoner reduces the amount he owes

2-18  by $8. If the prisoner does not satisfy the written demand for

2-19  reimbursement within the time set by the court, the district attorney for a

2-20  county or the city attorney for an incorporated city may file a civil action

2-21  pursuant to NRS 211.245.

 

2-22  H