[Rev. 11/21/2013 10:07:55 AM--2013]

CHAPTER 211 - LOCAL FACILITIES FOR DETENTION

COUNTY JAILS

NRS 211.010           County to maintain county jail; location; agreements for detention of prisoners.

NRS 211.020           Duties of county commissioners.

NRS 211.030           Sheriff is custodian of jail; appointment and compensation of jailers.

NRS 211.040           Transfer of prisoners.

NRS 211.050           Forfeiture by sheriff or jailer who defrauds prisoner of allowance; action by board of county commissioners.

NRS 211.060           Detention of United States prisoners in county jails.

NRS 211.080           Prisoner may be removed to another jail: Procedure; costs.

BRANCH COUNTY JAILS

NRS 211.090           Branch county jails may be established; confinement of prisoners.

NRS 211.110           Jailer may be directed to work prisoners in branch jails on public roads.

OTHER FACILITIES

NRS 211.115           Appointment of administrator.

MANAGEMENT OF PRISONERS

NRS 211.118           “Public works” defined.

NRS 211.120           Duty to arrange for use of prisoners’ labor; establishment of program to release prisoners for work or education.

NRS 211.130           Prisoners deemed sentenced to labor; exceptions; establishment of program for prisoners to exchange labor for confinement.

NRS 211.140           Control of prisoners; when court may enter order affecting conditions of confinement of prisoner; labor on public works; medical care of prisoners.

NRS 211.150           Punishment for disobedience or refusal to work; reports.

NRS 211.155           Limitations on use of restraints on prisoner who is in labor, delivering her baby or recuperating from delivery.

NRS 211.160           Prisoners to have guard; exceptions.

NRS 211.171           Exchange of labor for confinement: Eligibility of prisoner; regulations for performance of labor.

NRS 211.180           Exchange of labor for confinement: Promise of prisoner to appear; penalty for violation of promise.

NRS 211.190           Exchange of labor for confinement: Administrative fee.

NRS 211.200           Exchange of labor for confinement: Return of prisoner to confinement for violation of regulation.

NRS 211.210           Release for work or education: Application by prisoner; authority of administrator of program.

NRS 211.220           Release for work or education: Activities which may be included; conditions of employment.

NRS 211.230           Release for work or education: Temporary release for other purposes.

NRS 211.240           Early release of prisoners to relieve overcrowding.

REIMBURSEMENT FROM PRISONERS

NRS 211.241           Definitions.

NRS 211.2411         “Alternative program” defined.

NRS 211.2413         “Prisoner” defined.

NRS 211.2415         Reimbursement for expenses incurred by county or city.

NRS 211.242           Investigation of financial status of prisoner required; prisoner to complete form to be used in investigation.

NRS 211.243           List of prisoners and information related to their incarceration and financial status to be provided upon request.

NRS 211.244           Demand for reimbursement; supervised community service to satisfy demand.

NRS 211.245           Civil action against prisoner who fails to make payment when due; temporary restraining order to prevent disposition of prisoner’s property; priority of payments for existing obligations.

NRS 211.246           Prisoner who refuses to cooperate in satisfying reimbursement may not receive reduction of term of imprisonment.

NRS 211.247           Information and assistance in securing reimbursement to be provided.

NRS 211.248           Reimbursements obtained to be credited to general fund of county or city.

NRS 211.249           Amount of reimbursement that may be sought from prisoner who served sentence intermittently.

ELECTRONIC SUPERVISION OF PRISONERS

NRS 211.250           Prerequisites for electronic supervision.

NRS 211.260           Eligibility of prisoners for electronic supervision and to participate in other programs.

NRS 211.270           Establishment and violation of rules and conditions for electronic supervision.

NRS 211.280           Fees for electronic supervision.

NRS 211.290           Contracting with private firm to perform electronic supervision.

NRS 211.300           Electronic supervision of unconvicted person detained before trial.

CREDITS ON TERM OF IMPRISONMENT

NRS 211.310           Credits for prisoner sentenced before October 1, 1991.

NRS 211.320           Credits for prisoner sentenced on or after October 1, 1991.

NRS 211.330           Credits for completion of educational program.

NRS 211.340           Credits for completion of program of treatment for abuse of alcohol or drugs.

MISCELLANEOUS PROVISIONS

NRS 211.350           Service of intermittent sentence: Administrative fee; conditions.

NRS 211.360           Establishment and operation of commissary.

NRS 211.370           Taking custody of prisoner for whom outstanding warrant for arrest by another law enforcement agency exists; payment of costs.

NRS 211.380           Safekeeping of prisoners’ money and valuables: Deposit of money in trust fund; duties of sheriff; interest and income earned on money in fund.

NRS 211.390           Safekeeping of prisoners’ money and valuables: Reasonable deduction to pay for property damaged or destroyed by prisoner; notice and hearing.

_________

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COUNTY JAILS

      NRS 211.010  County to maintain county jail; location; agreements for detention of prisoners.

      1.  Except as otherwise provided in subsection 2, at least one county jail must be built or provided in each county, and maintained in good repair at the expense of the county. The county jail required by this section is not required to be located in conjunction with the office of the sheriff that is maintained at the county seat if the board of county commissioners determines that a different location in the county would better serve the needs of the county. Upon such a determination, the county jail may be located at any place in the county.

      2.  The board of county commissioners of a county, with the concurrence of the sheriff, may enter into an agreement with any other county or city in this State, in accordance with the provisions of NRS 277.080 to 277.180, inclusive, for the construction, operation or maintenance of a jail or the detention of the prisoners of the county.

      [1:21:1861; B § 3799; BH § 2137; C § 2259; RL § 7603; NCL § 11520]—(NRS A 1977, 367; 1981, 646; 1991, 12; 2001, 473)

      NRS 211.020  Duties of county commissioners.  The board of county commissioners:

      1.  Is responsible for building, inspecting and repairing any county or branch county jail located in its county.

      2.  Once every 3 months, shall inquire into the security of the jail and the treatment and condition of the prisoners.

      3.  Shall take all necessary precautions against escape, sickness or infection.

      [2:21:1861; B § 3800; BH § 2138; C § 2260; RL § 7604; NCL § 11521]—(NRS A 1977, 367; 1981, 646)

      NRS 211.030  Sheriff is custodian of jail; appointment and compensation of jailers.

      1.  The sheriff is the custodian of the jail in his or her county, and of the prisoners therein, and shall keep the jail personally, or by his or her deputy, or by a jailer or jailers appointed by the sheriff for that purpose, for whose acts the sheriff is responsible.

      2.  All jailers employed or appointed by the sheriff are entitled to receive a fair and adequate monthly compensation, to be paid out of the county treasury, for their services.

      [Part 3:21:1861; A 1862, 120; 1866, 189; B § 3801; BH § 2139; C § 2261; RL § 7605; NCL § 11522] + [Part 4:21:1861; A 1866, 189; B § 3802; BH § 2140; C § 2262; RL § 7606; NCL § 11523]—(NRS A 1977, 367; 1981, 647)

      NRS 211.040  Transfer of prisoners.

      1.  Payment of expenses and the method of transporting a prisoner from a county jail to an institution or facility of the Department of Corrections must be as provided in chapter 209 of NRS. When a prisoner is transferred from the county jail to such an institution or facility, the sheriff shall provide the Director of the Department of Corrections with a written report pertaining to the medical, psychiatric, behavioral or criminal aspects of the prisoner’s history. This report may be based upon observations of the prisoner while confined in the county jail and must note in particular any medication or medical treatment administered in the jail, including the type, dosage and frequency of administration.

      2.  Except as provided in subsection 1, the sheriff, personally or by his or her deputy, or by one or more of his or her jailers, shall transfer all prisoners within his or her county to whatever place of imprisonment the sentence of the court may require, at as early a date after the sentence as practicable. For that purpose, the board of county commissioners shall pay all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which must be added mileage for each officer, at the rate of 20 cents per mile, one way only.

      3.  The provisions of subsection 2 apply in cases where prisoners are taken from county jails to be tried in any courts in other counties.

      [Part 4:21:1861; A 1866, 189; B § 3802; BH § 2140; C § 2262; RL § 7606; NCL § 11523]—(NRS A 1973, 162; 1977, 367, 868; 1981, 647; 1983, 725; 2001 Special Session, 197)

      NRS 211.050  Forfeiture by sheriff or jailer who defrauds prisoner of allowance; action by board of county commissioners.  Any sheriff or jailer who defrauds a prisoner of his or her allowance, or does not allow a reasonable allowance and accommodation, forfeits $50 for each offense. The money may be recovered in an appropriate civil action by the board of county commissioners.

      [5:21:1861; B § 3803; BH § 2141; C § 2263; RL § 7607; NCL § 11524]—(NRS A 1977, 368; 1981, 647)

      NRS 211.060  Detention of United States prisoners in county jails.

      1.  A person may be committed under the authority of the United States to any county jail if a contract has been concluded between the United States and the sheriff of the county, upon payment of:

      (a) All actual and reasonably necessary costs of his or her confinement, including the direct cost of his or her support and an allocated share of the cost of maintaining the jail and guarding the prisoners, as compensation to the county for the use of the jail; and

      (b) All legal fees of the jailer.

      2.  The sheriff shall receive such prisoners, and subject them to the same employment, discipline and treatment, and be liable for any neglect of duty as in the case of other prisoners, but the county is not liable for any escape.

      [8:21:1861; A 1909, 141; RL § 7610; NCL § 11527]—(NRS A 1977, 217; 1981, 1562)

      NRS 211.080  Prisoner may be removed to another jail: Procedure; costs.

      1.  If for any sufficient cause, any sheriff thinks it expedient that any prisoner be removed from the jail in his or her county, upon consent of the sheriff or the sheriff’s duly authorized representative of any other county within the State, the sheriff of such other county may permit such prisoner to be removed to the jail in his or her county, to be detained there in the same manner and by the same process as in the jail from where such prisoner was removed, until remanded back by a similar process or discharged according to law.

      2.  All expenses of removing and maintaining prisoners incurred under subsection 1 shall be defrayed by the county from which they were so removed.

      [10:21:1861; B § 3808; BH § 2146; C § 2268; RL § 7612; NCL § 11529] + [11:21:1861; B § 3809; BH § 2147; C § 2269; RL § 7613; NCL § 11530]—(NRS A 1973, 734)

BRANCH COUNTY JAILS

      NRS 211.090  Branch county jails may be established; confinement of prisoners.

      1.  A board of county commissioners may establish a branch county jail in any township in the county except the township where the county jail required by NRS 211.010 is located, if in its judgment the public needs require it, and provide that persons charged with or convicted of a misdemeanor in the township in which a branch county jail is located may be imprisoned in the branch county jail instead of in the county jail.

      2.  Any judge or justice of the peace before whom a conviction may be had may order that a prisoner be imprisoned in the county jail of the county wherein the conviction may be had if the public safety or the safety of the prisoner requires it.

      [1:136:1907; RL § 7614; NCL § 11531]—(NRS A 1977, 368; 1981, 372, 647; 2001, 473)

      NRS 211.110  Jailer may be directed to work prisoners in branch jails on public roads.  The board of county commissioners may direct the jailer of such branch county jail to work the prisoners on the public roads of the county where the branch county jail is located.

      [3:136:1907; RL § 7616; NCL § 11533]—(NRS A 1977, 368; 1981, 372, 648)

OTHER FACILITIES

      NRS 211.115  Appointment of administrator.  In a county in which a metropolitan police department is established, the governing body of any participating city may:

      1.  Establish a department of detention and may appoint a person to administer the detention facilities; or

      2.  Appoint a person to administer its jail.

      (Added to NRS by 1981, 646; A 1985, 1894; 1989, 1176; 1993, 2528)

MANAGEMENT OF PRISONERS

      NRS 211.118  “Public works” defined.  As used in NRS 211.118 to 211.200, inclusive, “public works” means the renovation, repair or cleaning of any street, drainage facility, road, sidewalk, public square, park or building, or cutting away hills, grading, putting in sewers or other work, which is authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby. The term does not include any project to which the provisions of NRS 338.020 apply.

      (Added to NRS by 1991, 306)

      NRS 211.120  Duty to arrange for use of prisoners’ labor; establishment of program to release prisoners for work or education.

      1.  The board of county commissioners and the governing body of an incorporated city, shall make all necessary arrangements, as provided in NRS 211.120 to 211.160, inclusive, to utilize the labor of the prisoners committed to any jails within any county, city, or town within this state, for a term of imprisonment by the judges of the several district courts within this state, or the justices of the peace in any townships throughout this state.

      2.  A sheriff, chief of police or town marshal may establish a program to release prisoners from his or her jail for work or education. The program must:

      (a) Provide for thorough screening of prisoners for inclusion in the program;

      (b) Be limited to prisoners who have been sentenced; and

      (c) Require that each prisoner who participates in the program reimburse the county, city or town in whole or in part, according to the prisoner’s ability to pay, for his or her room and board during the time the prisoner participates in the program.

      3.  The administrator of such a program must be, respectively, the sheriff, the chief of police, the town marshal or his or her designee.

      [1:96:1879; BH § 2149; C § 2271; RL § 7617; NCL § 11534]—(NRS A 1977, 369; 1981, 648, 1562; 1991, 151)

      NRS 211.130  Prisoners deemed sentenced to labor; exceptions; establishment of program for prisoners to exchange labor for confinement.

      1.  Except as otherwise provided in subsection 2, all prisoners sentenced by the judge of any district court, or by the justice of the peace of any Justice Court, and sentenced to a term of imprisonment in any county, city or town jail or detention facility shall be deemed to have been also sentenced to labor during such term, unless the judge or justice of the peace sentencing the prisoner, for good cause, orders otherwise.

      2.  A board of county commissioners or the governing body of a city may authorize the sheriff or chief of police of the municipality to establish a program pursuant to NRS 211.171 to 211.200, inclusive, for the voluntary exchange by a prisoner sentenced to confinement in a jail or detention facility of 10 hours of labor on public works for 1 day of physical confinement, unless the sentencing court has otherwise ordered in a particular case or has restricted the prisoner’s eligibility.

      [2:96:1879; BH § 2150; C § 2272; RL § 7618; NCL § 11535]—(NRS A 1989, 1176; 1991, 306)

      NRS 211.140  Control of prisoners; when court may enter order affecting conditions of confinement of prisoner; labor on public works; medical care of prisoners.

      1.  The sheriff of each county has charge and control over all prisoners committed to his or her care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this State have charge and control over all prisoners committed to their respective city and town jails and detention facilities.

      2.  A court shall not, at the request of any prisoner in a county, city or town jail, issue an order which affects the conditions of confinement of the prisoner unless, except as otherwise provided in this subsection, the court provides the sheriff, chief of police or town marshal having control over the prisoner with:

      (a) Sufficient prior notice of the court’s intention to enter the order. Notice by the court is not necessary if the prisoner has filed an action with the court challenging his or her conditions of confinement and has served a copy of the action on the sheriff, chief of police or town marshal.

      (b) An opportunity to be heard on the issue.

Ê As used in this subsection, “conditions of confinement” includes, but is not limited to, a prisoner’s access to the law library, privileges regarding visitation and the use of the telephone, the type of meals provided to the prisoner and the provision of medical care in situations which are not emergencies.

      3.  The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail or detention facility, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120 or 211.171 to 211.200, inclusive.

      4.  The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners while in his or her custody. The county, city or town shall pay the cost of appropriate medical:

      (a) Treatment provided to a prisoner while in custody for injuries incurred by a prisoner while the prisoner is in custody and for injuries incurred during the prisoner’s arrest for commission of a public offense if the prisoner is not convicted of that offense;

      (b) Treatment provided to a prisoner while in custody for any infectious, contagious or communicable disease which the prisoner contracts while the prisoner is in custody; and

      (c) Examinations required by law or by court order conducted while the prisoner is in custody unless the order otherwise provides.

      5.  A prisoner shall pay the cost of medical treatment for:

      (a) Injuries incurred by the prisoner during his or her commission of a public offense or for injuries incurred during his or her arrest for commission of a public offense if the prisoner is convicted of that offense;

      (b) Injuries or illnesses which existed before the prisoner was taken into custody;

      (c) Self-inflicted injuries; and

      (d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.

      6.  A medical facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or the prisoner’s insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.

      7.  A sheriff, chief of police or town marshal who arranges for the administration of medical care pursuant to this section may attempt to collect from the prisoner or the insurance carrier of the prisoner the cost of arranging for the administration of medical care including the cost of any transportation of the prisoner for the purpose of medical care. The prisoner shall obey the requests of, and fully cooperate with the sheriff, chief of police or town marshal in collecting the costs from the prisoner or the prisoner’s insurance carrier.

      [3:96:1879; BH § 2151; C § 2273; RL § 7619; NCL § 11536]—(NRS A 1975, 1317; 1977, 369, 398; 1979, 463; 1981, 648, 1562; 1985, 1756; 1989, 1176; 1991, 307; 1995, 840, 1709)

      NRS 211.150  Punishment for disobedience or refusal to work; reports.

      1.  If a prisoner is disobedient or disorderly, or does not faithfully perform his or her tasks, the officers having charge of the prisoner may take action to discipline and punish the prisoner. The action may include confinement to an individual cell separate from other prisoners for the protection of the staff of the jail and other prisoners. An officer who confines a prisoner to an individual cell for any reason shall report his or her action as soon as possible to the person in charge of the jail.

      2.  A report of the number of prisoners who are performing work and the amount and type of work performed must be submitted to the person in charge of the jail on the last day of each month.

      [4:96:1879; BH § 2152; C § 2274; RL § 7620; NCL § 11537]—(NRS A 1981, 1563)

      NRS 211.155  Limitations on use of restraints on prisoner who is in labor, delivering her baby or recuperating from delivery.

      1.  No restraints of any kind may be used on a prisoner who is in labor, delivering her baby or recuperating from delivery unless there are compelling reasons to believe that the prisoner presents:

      (a) A serious and immediate threat of harm to herself, staff or others; or

      (b) A substantial flight risk and cannot be reasonably confined by other means.

      2.  If a prisoner who is in labor, delivering her baby or recuperating from delivery is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.

      (Added to NRS by 2011, 307)

      NRS 211.160  Prisoners to have guard; exceptions.

      1.  Except in accordance with criteria established pursuant to subsection 2 or as otherwise provided in NRS 211.250 to 211.300, inclusive, no prisoner or prisoners may be allowed to go from the walls of the prison without a sufficient guard.

      2.  The responsible sheriff, chief of police or town marshal shall establish criteria for determining whether, and to what extent, supervision is required for a prisoner who is assigned to work pursuant to subsection 3 of NRS 211.140 or to NRS 211.171 to 211.200, inclusive. The sheriff, chief of police or town marshal shall, with the consent of the administrator of the medical facility, establish criteria for such a determination regarding a prisoner who is incapacitated and is admitted to a medical facility for medical treatment.

      [5:96:1879; BH § 2153; C § 2275; RL § 7621; NCL § 11538]—(NRS A 1981, 1564; 1985, 385; 1991, 186, 308; 1995, 1710)

      NRS 211.171  Exchange of labor for confinement: Eligibility of prisoner; regulations for performance of labor.

      1.  The sheriff or chief of police of the municipality shall prescribe criteria of eligibility for the exchange of labor for confinement. A prisoner is not eligible for another or continued exchange if the prisoner has previously failed to perform satisfactorily labor as assigned or to comply with regulations governing assigned labor.

      2.  The sheriff or chief of police shall adopt reasonable regulations for the performance of assigned labor.

      (Added to NRS by 1991, 306)

      NRS 211.180  Exchange of labor for confinement: Promise of prisoner to appear; penalty for violation of promise.

      1.  A prisoner who voluntarily exchanges labor for confinement shall give his or her promise to appear for work by signing a notice to appear before the sheriff or chief of police of the municipality at a time and place specified in the notice. The signed notice must be retained by the sheriff or chief of police and a copy given to the prisoner.

      2.  A prisoner who willfully violates his or her promise to appear is guilty of a misdemeanor.

      (Added to NRS by 1991, 306)

      NRS 211.190  Exchange of labor for confinement: Administrative fee.  The board of county commissioners or the governing body of a city may establish an administrative fee for participation in the program of voluntary exchange. Any such fee must be reasonably sufficient in the aggregate to cover the costs of administering the program, but a prisoner may be required to pay toward it only to the extent of his or her ability to pay.

      (Added to NRS by 1991, 306)

      NRS 211.200  Exchange of labor for confinement: Return of prisoner to confinement for violation of regulation.  If a prisoner violates a regulation governing the prisoner’s conduct or performance of assigned labor, under circumstances not constituting a public offense, the sheriff or chief of police of the municipality may return the prisoner to physical confinement.

      (Added to NRS by 1991, 306)

      NRS 211.210  Release for work or education: Application by prisoner; authority of administrator of program.

      1.  A prisoner sentenced to the county, city or town jail may apply to participate in a program for release established pursuant to NRS 211.120. The administrator of the program shall evaluate each applicant’s suitability for work or education.

      2.  If the administrator finds a prisoner suitable, the administrator may, unless the sentencing court has otherwise ordered in a particular case:

      (a) Arrange for the prisoner to continue his or her regular employment under specified conditions, or authorize the prisoner to seek employment or participate in a program of placement for work; or

      (b) Permit the prisoner to continue his or her regular education or to secure further education.

      (Added to NRS by 1991, 150)

      NRS 211.220  Release for work or education: Activities which may be included; conditions of employment.

      1.  Employment may include the care of the prisoner’s own children during the day and education may include counseling for the abuse of alcohol or controlled substances, psychological counseling and vocational training.

      2.  If the employment or a part of the education is for pay, the wage must be no less than the prevailing wage for similar work in the community, and the conditions of work no less favorable. Employment or paid work as part of education must not be performed in an establishment where a labor dispute is in progress, if the employment or paid work as education would provide temporary or permanent replacements for other employees engaged in a labor dispute.

      (Added to NRS by 1991, 150)

      NRS 211.230  Release for work or education: Temporary release for other purposes.  The administrator of the program may release a prisoner from the facility:

      1.  If the prisoner is injured during work or education, for medical treatment at the prisoner’s own expense or at the expense of the employer or industrial insurance. Release pursuant to this subsection is not an assumption of liability by the county for the treatment.

      2.  For no more than 72 hours:

      (a) For other medical, dental or psychiatric care;

      (b) For a personal or family emergency if severe hardship would otherwise result; or

      (c) For any other activity which the administrator considers may promote the prisoner’s successful return to the community, including attempts to secure housing, employment or education.

      (Added to NRS by 1991, 150)

      NRS 211.240  Early release of prisoners to relieve overcrowding.

      1.  Except as otherwise provided in subsection 2, the sheriff with respect to a county jail, or the officer in charge with respect to a city jail, may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. After considering the application, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.

      2.  In a county in which there is not a city jail, the sheriff may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. Upon receipt of such an application, the chief judge shall consult with a justice of the peace designated by the justices of the peace for the county and a judge designated by the municipal courts for the county. After the consultation, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.

      3.  At any time within the duration of an authority granted when the number of prisoners exceeds the operational capacity of the jail, the sheriff or other officer in charge may release the lesser of:

      (a) The number of prisoners eligible under this section; or

      (b) The difference between the number of prisoners and the operational capacity of the jail.

      4.  A prisoner is eligible for release only if the prisoner:

      (a) Has served at least 75 percent of his or her sentence;

      (b) Is not serving a sentence for a crime for which a mandatory sentence is required by statute;

      (c) Is not serving a sentence for a crime which involved an act of violence; and

      (d) Does not pose a danger to the community.

      5.  Among prisoners eligible, priority must be given to those whose expiration of sentence or other release is closest.

      6.  A prisoner released pursuant to this section may be required to remain on residential confinement for the remainder of his or her sentence or may be required to participate in another alternative program of supervision.

      7.  As used in this section, “operational capacity” means the number of prisoners that may be safely housed in a jail in compliance with the regulations governing the sanitation, healthfulness, cleanliness and safety of the jail that are adopted by the State Board of Health pursuant to NRS 444.335.

      (Added to NRS by 1991, 151; A 2003, 1369; 2007, 218)

REIMBURSEMENT FROM PRISONERS

      NRS 211.241  Definitions.  As used in NRS 211.241 to 211.249, inclusive, unless the context otherwise requires, the words and terms defined in NRS 211.2411 and 211.2413 have the meanings ascribed to them in those sections.

      (Added to NRS by 1995, 837; A 1999, 121)

      NRS 211.2411  “Alternative program” defined.  “Alternative program” means a program to which a prisoner may be assigned as an alternative to incarceration.

      (Added to NRS by 1999, 121)

      NRS 211.2413  “Prisoner” defined.  “Prisoner” means a person who has been convicted of a crime punishable pursuant to the laws of this state and:

      1.  Sentenced to a term of imprisonment in a county or city jail or detention facility, including a person sentenced as a condition of probation, but not including a person committed to a county jail pursuant to NRS 211.060; or

      2.  Assigned to an alternative program.

      (Added to NRS by 1999, 121)

      NRS 211.2415  Reimbursement for expenses incurred by county or city.

      1.  A board of county commissioners or the governing body of an incorporated city may seek reimbursement from a nonindigent prisoner for expenses incurred by the county or city for:

      (a) The maintenance and support of the prisoner in a county or city jail or detention facility to which the prisoner has been assigned, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed; or

      (b) The administration of an alternative program to which the prisoner has been assigned, including, without limitation, the costs of supervising the prisoner in the program.

      2.  The amount of reimbursement sought by a county or city pursuant to paragraph (a) of subsection 1 must not exceed the actual cost per day for the maintenance and support of the prisoner and may include, without limitation, the costs of providing heating, air-conditioning, food, clothing, bedding and medical care to a prisoner.

      (Added to NRS by 1995, 837; A 1999, 121)

      NRS 211.242  Investigation of financial status of prisoner required; prisoner to complete form to be used in investigation.

      1.  Before a board of county commissioners or the governing body of an incorporated city may request reimbursement from a prisoner, the board or governing body must conduct an investigation of the financial status of the prisoner.

      2.  For the purpose of determining the financial status of a prisoner, the board or governing body shall require the prisoner to complete and sign a form under penalty of perjury. The form must contain provisions for determining:

      (a) The age, sex and marital status of the prisoner;

      (b) The number and ages of the children or other dependents of the prisoner; and

      (c) The type and value of any real estate, personal property, investments, pensions, annuities, bank accounts, cash or other property of value owned or possessed by the prisoner.

      (Added to NRS by 1995, 838)

      NRS 211.243  List of prisoners and information related to their incarceration and financial status to be provided upon request.  If a board of county commissioners or the governing body of an incorporated city so requests, the sheriff of the county, the administrator of the department of detention of an incorporated city, the person appointed to administer a city jail or the administrator of an alternative program shall provide to the board or governing body a list which contains:

      1.  The name of each prisoner currently serving a term of imprisonment in the county or city jail or detention facility, or currently assigned to an alternative program;

      2.  The length of the term of imprisonment or assignment to an alternative program of each prisoner, including the number of days served during a period of pretrial detention, if any;

      3.  The date of admission of each prisoner; and

      4.  All available information concerning the financial status of each prisoner.

      (Added to NRS by 1995, 838; A 1999, 122)

      NRS 211.244  Demand for reimbursement; supervised community service to satisfy demand.

      1.  At any time after the conviction of a prisoner, and after the financial status of the prisoner has been determined or the prisoner has refused or failed to complete and sign the form required by NRS 211.242, the sheriff of the county, the administrator of the department of detention of an incorporated city, the person appointed to administer a city jail or the administrator of an alternative program may issue a written demand to the prisoner for reimbursement, pursuant to NRS 211.2415, of the expenses incurred by the county or city for the prisoner’s maintenance and support during his or her period of imprisonment or assignment to an alternative program.

      2.  Except as otherwise provided in subsection 3, the prisoner shall pay the total amount due when the written demand is issued. The prisoner may arrange to make payments on a monthly basis. If such arrangements are made, the prisoner must be provided with a monthly billing statement which specifies the date on which his or her next payment is due.

      3.  A court may order a prisoner to perform supervised community service to satisfy the written demand for reimbursement. Each hour of community service performed by the prisoner reduces the amount the prisoner owes by $8. If the prisoner does not satisfy the written demand for reimbursement within the time set by the court, the district attorney for a county or the city attorney for an incorporated city may file a civil action pursuant to NRS 211.245.

      (Added to NRS by 1995, 838; A 1999, 122; 2001 Special Session, 138)

      NRS 211.245  Civil action against prisoner who fails to make payment when due; temporary restraining order to prevent disposition of prisoner’s property; priority of payments for existing obligations.

      1.  If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this State seeking recovery of:

      (a) The amount of reimbursement due;

      (b) Costs incurred in conducting an investigation of the financial status of the prisoner; and

      (c) Attorney’s fees and costs.

      2.  A civil action brought pursuant to this section must:

      (a) Be instituted in the name of the county or city in which the jail, detention facility or alternative program is located;

      (b) Indicate the date and place of sentencing, including, without limitation, the name of the court which imposed the sentence;

      (c) Include the record of judgment of conviction, if available;

      (d) Indicate the length of time served by the prisoner and, if the prisoner has been released, the date of his or her release; and

      (e) Indicate the amount of reimbursement that the prisoner owes to the county or city.

      3.  The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.

      4.  A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.

      5.  If necessary to prevent the disposition of the prisoner’s property by the prisoner, or the prisoner’s spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.

      6.  The payment, pursuant to a judicial order, of existing obligations for:

      (a) Child support or alimony;

      (b) Restitution to victims of crimes; and

      (c) Any administrative assessment required to be paid pursuant to NRS 62E.270, 176.059, 176.0611, 176.0613, 176.062 and 176.0623,

Ê has priority over the payment of a judgment entered pursuant to this section.

      (Added to NRS by 1995, 839; A 1999, 122; 2003, 1126, 2107; 2013, 1082)

      NRS 211.246  Prisoner who refuses to cooperate in satisfying reimbursement may not receive reduction of term of imprisonment.

      1.  A prisoner who is or was sentenced to a term of imprisonment in a county or city jail or detention facility or to an alternative program shall cooperate with the board of county commissioners or the governing body of an incorporated city in satisfying the reimbursement sought by the board or body pursuant to the provisions of NRS 211.241 to 211.249, inclusive.

      2.  A prisoner who willfully refuses to cooperate with the requirement of NRS 211.242 may not receive a reduction of or a credit on his or her term of imprisonment under any provision of this chapter.

      (Added to NRS by 1995, 839; A 1999, 123)

      NRS 211.247  Information and assistance in securing reimbursement to be provided.  The sheriff of the county, the administrator of the department of detention of an incorporated city, a person chosen to administer a city jail or the administrator of an alternative program shall provide the district attorney of the county or the city attorney of the incorporated city all information and assistance possible to enable the district or city attorney to secure reimbursement for the county or city pursuant to the provisions of NRS 211.241 to 211.249, inclusive.

      (Added to NRS by 1995, 840; A 1999, 124)

      NRS 211.248  Reimbursements obtained to be credited to general fund of county or city.  Reimbursements secured or otherwise obtained by a board of county commissioners or the governing body of an incorporated city pursuant to the provisions of NRS 211.241 to 211.249, inclusive, must be credited to the general fund of the county or city. If:

      1.  In accordance with a contractual agreement, the county or city was paid by another governmental entity for expenses related to maintaining and supporting a prisoner; and

      2.  The prisoner reimburses the county or city for those expenses pursuant to NRS 211.241 to 211.249, inclusive,

Ê the county or city shall reimburse the governmental entity for its payment to the extent of the amount received from the prisoner.

      (Added to NRS by 1995, 840)

      NRS 211.249  Amount of reimbursement that may be sought from prisoner who served sentence intermittently.  Any amount of reimbursement sought pursuant to NRS 211.241 to 211.249, inclusive, from a prisoner who has served a sentence intermittently under the provisions of NRS 211.350 must not exceed the difference between the total administrative fees assessed and collected from the prisoner pursuant to NRS 211.350 and the maximum amount which may be sought for reimbursement by a board of county commissioners or the governing body of an incorporated city pursuant to NRS 211.2415.

      (Added to NRS by 1995, 840)

ELECTRONIC SUPERVISION OF PRISONERS

      NRS 211.250  Prerequisites for electronic supervision.  Unless the sentencing court otherwise orders in a particular case, the sheriff or chief of police may supervise a convicted prisoner electronically instead of confining the prisoner physically in the county or city jail if:

      1.  The prisoner has a residential living situation which is capable of meeting the standards set in the general rules and individual conditions for electronic supervision; and

      2.  The sheriff or chief of police concludes that electronic supervision poses no unreasonable risk to public safety.

      (Added to NRS by 1991, 186)

      NRS 211.260  Eligibility of prisoners for electronic supervision and to participate in other programs.

      1.  A prisoner need not be employed, be eligible for release for work under NRS 211.120, or participate in an educational program to be eligible for electronic supervision.

      2.  A prisoner who is electronically supervised is eligible for employment, release for work, and educational programs upon the same conditions as a prisoner physically confined.

      (Added to NRS by 1991, 186)

      NRS 211.270  Establishment and violation of rules and conditions for electronic supervision.  The sheriff or chief of police shall establish general rules and individual conditions for electronic supervision. If a prisoner violates such a rule or condition, the sheriff or chief of police may return the prisoner to physical confinement.

      (Added to NRS by 1991, 186)

      NRS 211.280  Fees for electronic supervision.  The board of county commissioners or the governing body of the city shall set an application fee and a daily fee for electronic supervision reasonably commensurate with its cost to the county or city. A prisoner so supervised shall pay toward the fees according to his or her ability to pay.

      (Added to NRS by 1991, 186)

      NRS 211.290  Contracting with private firm to perform electronic supervision.  The sheriff or chief of police may contract with a private firm to perform electronic supervision under his or her direction.

      (Added to NRS by 1991, 186)

      NRS 211.300  Electronic supervision of unconvicted person detained before trial.  With the approval of the court of jurisdiction for the particular case, the sheriff or chief of police may supervise an unconvicted person detained before the person’s trial in the manner provided for convicted prisoners in NRS 211.250 to 211.290, inclusive. If such approval is given, the provisions of NRS 211.250 to 211.290, inclusive, apply to the unconvicted person in the same manner as they apply to a convicted prisoner.

      (Added to NRS by 1991, 186)

CREDITS ON TERM OF IMPRISONMENT

      NRS 211.310  Credits for prisoner sentenced before October 1, 1991.

      1.  For each month in which a prisoner who is sentenced to a term of imprisonment in a local detention facility before October 1, 1991:

      (a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.

      (b) Diligently performs his or her assigned work, the sheriff or chief of police may deduct:

             (1) Not more than 10 additional days if his or her sentence is 270 days or more;

             (2) Not more than 7 additional days if his or her sentence is 180 days or more but less than 270 days;

             (3) Not more than 5 additional days if his or her sentence is 30 days or more but less than 180 days;

             (4) Not more than 3 additional days if his or her sentence is 15 days or more but less than 30 days; and

             (5) No additional days if his or her sentence is less than 15 days.

      2.  Deductions earned under paragraph (a) of subsection 1 for any period of time less than a month must be credited on a pro rata basis.

      3.  If, while incarcerated, a prisoner:

      (a) Commits a criminal offense;

      (b) Commits an act which endangers human life;

      (c) Intentionally disobeys a rule of the jail or fails to return from assigned work within an allotted time; or

      (d) Intentionally disobeys a rule or individual condition established pursuant to NRS 211.270,

Ê all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines.

      4.  Before any forfeiture under subsection 3 may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.

      [6:96:1879; BH § 2154; C § 2276; RL § 7622; NCL § 11539]—(NRS A 1979, 988; 1981, 1564; 1991, 102, 187, 308)—(Substituted in revision for NRS 211.170)

      NRS 211.320  Credits for prisoner sentenced on or after October 1, 1991.

      1.  For each month in which a prisoner who is sentenced to a term of imprisonment in a local detention facility:

      (a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.

      (b) Diligently performs his or her assigned work, the sheriff or chief of police may deduct:

             (1) Not more than 10 additional days if his or her term of imprisonment is 270 days or more;

             (2) Not more than 7 additional days if his or her term of imprisonment is 180 days or more but less than 270 days;

             (3) Not more than 5 additional days if his or her term of imprisonment is 30 days or more but less than 180 days;

             (4) Not more than 3 additional days if his or her term of imprisonment is 15 days or more but less than 30 days; and

             (5) No additional days if his or her term of imprisonment is less than 15 days.

      2.  Deductions earned under subsection 1 for any period which is less than 1 month must be credited on a pro rata basis.

      3.  If, while incarcerated, a prisoner:

      (a) Commits a criminal offense;

      (b) Commits an act which endangers human life;

      (c) Intentionally disobeys a rule of the facility or fails to return from assigned work within an allotted time; or

      (d) Intentionally disobeys a rule or individual condition established pursuant to NRS 211.270,

Ê all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines. Before any forfeiture may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.

      4.  The provisions of this section apply to any prisoner who is sentenced to a term of imprisonment in a local detention facility on or after October 1, 1991:

      (a) Pursuant to a judgment of imprisonment or a fine and imprisonment; or

      (b) For a definite period for contempt in any proceeding which is not a criminal proceeding.

      5.  As used in this section, “term of imprisonment” means the total number of days a prisoner is incarcerated in the facility, including, unless the court otherwise orders at his or her sentencing hearing, the time the prisoner actually spent in confinement from the date of his or her arrest to the date on which his or her sentence begins.

      (Added to NRS by 1991, 101; A 1991, 187, 309)

      NRS 211.330  Credits for completion of educational program.

      1.  In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.340, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated shall deduct 5 days from the prisoner’s term of imprisonment for earning a general educational development certificate or an equivalent document by successfully completing an educational program for adults conducted jointly by the local detention facility in which the prisoner is incarcerated and the school district in which the facility is located.

      2.  The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.

      (Added to NRS by 1991, 102; A 2003, 1369; 2013, 3290)

      NRS 211.340  Credits for completion of program of treatment for abuse of alcohol or drugs.

      1.  In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from the prisoner’s term of imprisonment if the prisoner:

      (a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which the prisoner is incarcerated and a person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern, pursuant to chapter 641C of NRS; and

      (b) Is awarded a certificate evidencing the prisoner’s successful completion of the program.

      2.  The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.

      (Added to NRS by 1991, 102; A 1993, 1522; 1999, 1881, 3063; 2001, 219; 2007, 3083)

MISCELLANEOUS PROVISIONS

      NRS 211.350  Service of intermittent sentence: Administrative fee; conditions.

      1.  A board of county commissioners or the governing body of an incorporated city may collect an administrative fee from each prisoner, sentenced to confinement in a county or city jail or detention center, including a prisoner sentenced as a condition of probation, whose sentence is served intermittently on days other than his or her regular days of employment. The amount of the fee must be set at $25 for each day served. A prisoner serving such a sentence shall pay toward the fee according to his or her ability to pay.

      2.  The court, if it grants the application of a defendant to serve his or her sentence intermittently, shall:

      (a) Establish the conditions of the intermittent sentence; and

      (b) Direct whether the fee is to be paid weekly or monthly. In either case, the fee must be paid for each period until the sentence has been served.

      3.  Fees received pursuant to this section must be deposited in the county or city treasury for disposition according to the ordinance establishing them.

      4.  If a prisoner fails to pay the fee, the board of county commissioners or governing body of the incorporated city may apply to the court for judgment for the arrears and the amount to accrue. The judgment may be enforced by execution but not as contempt of court.

      5.  During the pendency of such a judgment, the defendant may petition the court to modify or vacate it on the ground that his or her ability to pay has changed. The court shall so inform the defendant when the judgment is rendered.

      (Added to NRS by 1991, 305)

      NRS 211.360  Establishment and operation of commissary.

      1.  The sheriff or chief of police of a city may establish and operate in each jail in his or her jurisdiction a commissary to sell to prisoners committed to the jail food, beverages, toiletries and such other items as may be approved by the sheriff or chief of police. The sheriff or chief of police may require prisoners committed to the jail to work in the commissary.

      2.  The sheriff or chief of police, or a person designated by the sheriff or chief of police, shall:

      (a) Keep accurate books and records of all transactions which take place at the commissary; and

      (b) Submit reports of these books and records to the board of county commissioners or governing body of the city, as appropriate, at such times as may be required by the board or governing body.

      3.  Proceeds from the operation of the commissary must be maintained in a separate account and any profits therefrom must be expended only for the welfare and benefit of the prisoners in the jail.

      4.  The provisions of NRS 426.630 to 426.720, inclusive, do not apply to any commissary established and operated pursuant to this section.

      (Added to NRS by 1991, 357)

      NRS 211.370  Taking custody of prisoner for whom outstanding warrant for arrest by another law enforcement agency exists; payment of costs.

      1.  If a sheriff, chief of police or town marshal takes custody of a prisoner for whom a magistrate has issued a warrant for arrest for a misdemeanor offense and the warrant is outstanding, the sheriff, chief of police or town marshal shall notify the law enforcement agency that obtained the warrant that the prisoner has been taken into custody. As used in this subsection, “magistrate” has the meaning ascribed to it in NRS 169.095.

      2.  Except as otherwise provided in this subsection and subsection 3, if there are no criminal charges pending or warrants outstanding for the prisoner in the county in which the prisoner is in custody, the law enforcement agency that obtained the warrant shall take custody of the prisoner within 72 hours after receiving the notice required by subsection 1. If there is a charge pending against or a warrant outstanding for a misdemeanor offense for the prisoner in the county in which the prisoner is in custody, the sheriff, chief of police or town marshal shall notify the law enforcement agency when the matter is resolved. The law enforcement agency shall take custody of the prisoner within 72 hours after receiving notice that the matter is resolved. This subsection does not apply if the law enforcement agency that obtained the warrant is in the same jurisdiction as the jail in which the prisoner is in custody.

      3.  If, after notice is given pursuant to the provisions of subsection 1 or notice that the matter is resolved is given pursuant to subsection 2, the law enforcement agency sends a certified letter to the sheriff, chief of police or town marshal stating that it will take custody of the prisoner, and the letter is received within 72 hours after giving such notice, the law enforcement agency shall take custody of the prisoner not more than 7 days after the sheriff, chief of police or town marshal receives the letter. The law enforcement agency shall pay the actual costs of the prisoner’s confinement, including the direct cost of his or her support and an allocated share of the cost of maintaining the jail and guarding the prisoners therein. The board of county commissioners of the county or the governing body of the city or town shall determine these costs and, excluding the initial 72-hour period, charge the law enforcement agency for each day of confinement after the sheriff, chief of police or town marshal receives the certified letter, including the day the law enforcement agency takes custody of the prisoner.

      4.  If the law enforcement agency fails to take custody of the prisoner within the time required by this section, the sheriff, chief of police or town marshal may, if there are no other criminal charges pending or warrants outstanding for the prisoner, release the prisoner from custody.

      (Added to NRS by 1993, 132)

      NRS 211.380  Safekeeping of prisoners’ money and valuables: Deposit of money in trust fund; duties of sheriff; interest and income earned on money in fund.

      1.  The sheriff of each county may accept money and valuables in the physical possession of a prisoner at the time the prisoner is taken into custody. The sheriff shall account separately for all money so accepted and deposit the money in a trust fund which the sheriff has established in a bank, credit union or savings and loan association qualified to receive deposits of public money. During the time of the prisoner’s incarceration, the sheriff may also accept and deposit in the trust fund money belonging to the prisoner which is intended for use by the prisoner to purchase items at the commissary.

      2.  The sheriff:

      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board of county commissioners relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by a prisoner for personal needs, for payment to a person who is not incarcerated in the jail or for payment required of a prisoner pursuant to NRS 211.241 to 211.249, inclusive.

      (c) Shall, upon the release of each prisoner, return the prisoner’s valuables and pay over to the prisoner any remaining balance in the prisoner’s individual account.

      3.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the account established for the commissary pursuant to NRS 211.360. If a commissary has not been established, the interest and income earned must be deposited with the county treasurer for credit to the county general fund.

      (Added to NRS by 1993, 49; A 1995, 841; 1999, 1462)

      NRS 211.390  Safekeeping of prisoners’ money and valuables: Reasonable deduction to pay for property damaged or destroyed by prisoner; notice and hearing.

      1.  A sheriff shall, by regulation, establish criteria for a reasonable deduction from any money credited to the account of a prisoner pursuant to NRS 211.380 to repay the cost of county property willfully damaged or destroyed by the prisoner during his or her incarceration.

      2.  Before any money credited to the account of a prisoner may be deducted pursuant to subsection 1, the prisoner must be given reasonable notice of the alleged misconduct for which the deduction is sought and an opportunity for an administrative hearing on that misconduct.

      (Added to NRS by 1993, 50)