[Rev. 11/21/2013 10:08:16 AM--2013]

CHAPTER 212 - OFFENSES RELATING TO PRISONS AND PRISONERS

PROTECTION OF PRISONERS

NRS 212.010           Punishment for unauthorized injury of prisoner; forfeiture abolished except when statutorily authorized.

NRS 212.020           Inhumanity to prisoners.

ESCAPES AND RELATED OFFENSES

NRS 212.030           Warrant for arrest of escaped prisoner.

NRS 212.040           Expenses of recapture and return of escaped prisoners.

NRS 212.050           Authority to offer reward in certain cases.

NRS 212.070           Expenses of prosecuting prisoner and person acting in concert with prisoner who escapes or commits crime while incarcerated.

NRS 212.080           Recapture and imprisonment.

NRS 212.090           Penalties for prisoner who escapes.

NRS 212.093           Manufacture or possession by prisoner of items adapted, designed or commonly used to escape prohibited; penalty; exception.

NRS 212.095           Unauthorized absences which constitute escape from prison; punishment; exception.

NRS 212.100           Aiding prisoner to escape.

NRS 212.110           Custodian permitting escape.

NRS 212.120           Ministerial officer permitting escape.

NRS 212.130           Concealing escaped prisoner.

OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITH PRISONERS

NRS 212.140           Unauthorized communication with prisoner.

NRS 212.150           Communication with person charged or convicted of felony in county jail.

NRS 212.160           Furnishing weapon, facsimile, intoxicant or controlled substance to state prisoner; possession of controlled substance by state prisoner.

NRS 212.165           Prohibition on furnishing portable telecommunications device to prisoner and on possession of such devices in jail or institution or facility of Department of Corrections; penalties; petition for modification of sentence.

NRS 212.170           Furnishing intoxicant to person lawfully confined in jail or detention facility.

NRS 212.180           Sale of liquor within half mile of institution of Department of Corrections unlawful; restriction on granting of new licenses.

NRS 212.185           Possession or control of dangerous weapon or facsimile by incarcerated person prohibited.

NRS 212.187           Voluntary sexual conduct between prisoner and another person; penalty.

NRS 212.189           Unlawful acts related to human excrement or bodily fluid; penalty; investigation; testing for communicable diseases; plea bargaining prohibited.

PRIVATE FACILITIES AND INSTITUTIONS

NRS 212.1895         Applicability of certain provisions to custodian and prisoner assigned to private facility or institution; training to perform duties of correctional officer at private facility or institution; reimbursement to State for expenses relating to prisoner who escapes from private facility or institution.

DAMAGE TO PRISONS AND JAILS

NRS 212.190           Penalty.

ELECTRONIC SUPERVISION

NRS 212.220           Penalties for absence without authorization or tampering with electronic device; restitution.

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PROTECTION OF PRISONERS

      NRS 212.010  Punishment for unauthorized injury of prisoner; forfeiture abolished except when statutorily authorized.

      1.  Every person sentenced to imprisonment in any penal institution is under the protection of the law, and any unauthorized injury to his or her person shall be punished in the same manner as if he or she were not so convicted or sentenced.

      2.  A conviction of crime does not work a forfeiture of any property, real or personal, or of any right or interest therein unless otherwise specifically authorized by statute. All forfeitures in the nature of deodands, or in case of suicide or where a person flees from justice, are abolished.

      [1911 C&P § 13; RL § 6278; NCL § 9962]—(NRS A 1985, 1468)

      NRS 212.020  Inhumanity to prisoners.

      1.  A jailer or person who is guilty of willful inhumanity or oppression to any prisoner under the care or custody of the jailer or person shall be punished:

      (a) Where the prisoner suffers substantial bodily harm from the inhumanity or oppression, for a category D felony as provided in NRS 193.130.

      (b) Where no substantial bodily harm results, for a gross misdemeanor.

      2.  Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of willful inhumanity is guilty of a malfeasance in office.

      [Part 62:108:1866; B § 2660; BH § 1697; C § 1843; RL § 2818; NCL § 4818]—(NRS A 1967, 524; 1995, 1255)

ESCAPES AND RELATED OFFENSES

      NRS 212.030  Warrant for arrest of escaped prisoner.

      1.  When any prisoner escapes from an institution or facility of the Department of Corrections, the Director of the Department may issue a warrant for the recapture of the escaped prisoner. The warrant is effective in any county in this State, and may command the sheriff of any county in this State, or any constable thereof, or any police officer of any city in this State, to arrest and return the prisoner to the Director.

      2.  When any prisoner escapes from a jail, branch county jail or other local detention facility, the sheriff, chief of police or other officer responsible for the operation of the facility may issue a warrant for the recapture of the escaped prisoner. The warrant is effective in any county in this State, and may command the sheriff of any county in this State, or any constable thereof, or any police officer of any city in this State, to arrest and return the prisoner to the officer who issued the warrant.

      [1:72:1866; B § 3765; BH § 1425; C § 1446; RL § 7594; NCL § 11491]—(NRS A 1977, 868; 1983, 726; 1991, 19; 2001 Special Session, 198)

      NRS 212.040  Expenses of recapture and return of escaped prisoners.

      1.  If an escape is not the result of carelessness, incompetency or other official delinquency of the Director or other officers of the Department of Corrections, all expenses of enforcing the provisions of NRS 212.030 or appertaining to the recapture and return of escaped convicts are a charge against the State, and must be paid out of the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners.

      2.  Except as otherwise provided in NRS 211.060, all expenses of enforcing the provisions of NRS 212.030 or appertaining to the recapture and return of escaped convicts are a charge against the county, city or other local government responsible for the operation of that facility.

      [2:72:1866; A 1955, 625]—(NRS A 1963, 1111; 1977, 868; 1991, 19, 1755, 1823; 2001 Special Session, 198)

      NRS 212.050  Authority to offer reward in certain cases.

      1.  If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this State, escapes therefrom, or is charged with murder or the perpetration of any crime punishable with death, the Governor may, upon satisfactory evidence of the guilt of the accused, offer a reward for information that leads to his or her apprehension. The reward offered by the Governor must not exceed the sum of $5,000, and must be paid out of the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners.

      2.  If any person who has been sentenced to confinement in a jail, branch county jail or other local detention facility by any court having competent authority within this State, escapes therefrom, or is charged with murder or the perpetration of any crime punishable with death, the board of county commissioners of the county, the governing body of the city or other local government responsible for the operation of the facility may, upon satisfactory evidence of the guilt of the accused, offer a reward for information that leads to his or her apprehension. The reward offered by the board, governing body or other local government must not exceed the sum of $5,000.

      [80:108:1866; B § 2678; BH § 1715; C § 1861; RL § 2831; NCL § 4831]—(NRS A 1963, 1111; 1971, 8; 1991, 19, 1755, 1823)

      NRS 212.070  Expenses of prosecuting prisoner and person acting in concert with prisoner who escapes or commits crime while incarcerated.

      1.  The expenses and costs of prosecuting any person for escaping from, or breaking out of, the state prison, or attempting so to do, or for the commission of any crime while a prisoner therein, or any person acting in concert with such a prisoner, whether as a principal or accessory, are a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners.

      2.  The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, a jail, branch county jail or other local detention facility or attempting so to do, or for the commission of any crime while a prisoner therein, or any person acting in concert with such a prisoner, whether as a principal or accessory, are a charge against the county, city or other local government responsible for the operation of that facility.

      [1911 C&P § 555; A 1955, 625]—(NRS A 1963, 1112; 1991, 20, 1755, 1824; 1993, 457)

      NRS 212.080  Recapture and imprisonment.  Every person in custody, under sentence of imprisonment for any crime, who shall escape from custody, may be recaptured and imprisoned for a term equal to the unexpired portion of the original term.

      [1911 C&P § 73; RL § 6338; NCL § 10022]

      NRS 212.090  Penalties for prisoner who escapes.  A prisoner confined in a prison, or being in the lawful custody of an officer or other person, who escapes or attempts to escape from prison or custody, if the prisoner is held on a charge, conviction or sentence of:

      1.  A felony, shall be punished:

      (a) Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $20,000. The sentence imposed pursuant to this paragraph must run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.

      (b) Where none of the aggravating factors specified in paragraph (a) are present, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  A gross misdemeanor or misdemeanor, shall be punished:

      (a) Where a dangerous weapon is used to facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where no dangerous weapon is used, for a gross misdemeanor.

      [1911 C&P § 74; A 1955, 191]—(NRS A 1967, 524; 1973, 67; 1979, 1456; 1995, 1255)

      NRS 212.093  Manufacture or possession by prisoner of items adapted, designed or commonly used to escape prohibited; penalty; exception.

      1.  Except as otherwise provided in subsection 4, a prisoner who is in lawful custody or confinement, other than residential confinement, shall not knowingly manufacture, possess or have in his or her custody or control any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope, ladder, hook or any other tool or item adapted, designed or commonly used for the purpose of escaping or attempting to escape from lawful custody or confinement, whether or not such an escape or attempted escape actually occurs.

      2.  A prisoner who violates any provision of subsection 1 and who is in lawful custody or confinement for a charge, conviction or sentence for:

      (a) A felony, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) A gross misdemeanor or misdemeanor, shall be punished for a gross misdemeanor.

      3.  A sentence imposed upon a prisoner pursuant to this section:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was in lawful custody or confinement when the prisoner violated the provisions of subsection 1.

      4.  The provisions of this section do not apply to a prisoner who commits an act described in subsection 1 if the act is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his or her designee, and the prisoner performs the act in accordance with the directions or instructions given to the prisoner by that person.

      (Added to NRS by 2003, 1184)

      NRS 212.095  Unauthorized absences which constitute escape from prison; punishment; exception.

      1.  Any unauthorized absence from the place of assignment by an offender who is on temporary furlough, participating in a work or educational release program or otherwise in a classification assignment under the provisions of chapter 209 of NRS, constitutes an escape from prison which is a category B felony and the offender shall be punished as provided in NRS 212.090.

      2.  This section does not apply to offenders released on parole.

      (Added to NRS by 1977, 854; A 1995, 1255)

      NRS 212.100  Aiding prisoner to escape.  A person who, with the intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, conveys or sends to a prisoner any information or aid, or conveys or sends into a prison any disguise, instrument, weapon or other thing, or aids or assists a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person, shall be punished if the prisoner is held upon a charge, arrest, commitment, conviction or a sentence:

      1.  For a felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  For a gross misdemeanor or misdemeanor:

      (a) Where a dangerous weapon is used to effect or facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where no dangerous weapon is used, for a gross misdemeanor.

      [1911 C&P § 75; RL § 6340; NCL § 10024]—(NRS A 1967, 524; 1979, 1457; 1995, 1256)

      NRS 212.110  Custodian permitting escape.  A person who willfully allows a prisoner lawfully in the custody of the person to escape, or connives at or assists such an escape, or willfully omits any act or duty by reason of which an escape is occasioned, contributed to or assisted, is guilty of a category B felony and shall, if the person connives at or assists the escape, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000, and in any other case, is guilty of a gross misdemeanor.

      [1911 C&P § 76; RL § 6341; NCL § 10025]—(NRS A 1967, 525; 1979, 1457; 1995, 1256)

      NRS 212.120  Ministerial officer permitting escape.  An officer who asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, to procure, assist, connive at or permit any prisoner in the custody of the officer to escape, whether the escape is attempted or not, or commits any unlawful act tending to hinder justice, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000.

      [1911 C&P § 77; RL § 6342; NCL § 10026]—(NRS A 1967, 525; 1979, 1457; 1995, 1256)

      NRS 212.130  Concealing escaped prisoner.  A person who knowingly conceals, or harbors for the purpose of concealment, a prisoner who has escaped or is escaping from custody shall be punished, according to the charge or conviction or sentence upon which the prisoner was held:

      1.  For a category C felony as provided in NRS 193.130, if the prisoner was held for a felony.

      2.  For a gross misdemeanor, if the prisoner was held for a gross misdemeanor.

      3.  For a misdemeanor, if the prisoner was held for a misdemeanor.

      [1911 C&P § 78; RL § 6343; NCL § 10027]—(NRS A 1967, 525; 1979, 1458; 1995, 1256)

OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITH PRISONERS

      NRS 212.140  Unauthorized communication with prisoner.  Every person who, not being authorized by law or by any officer authorized thereby, shall have any verbal communication with any prisoner in any jail, prison or other penal institution, or shall bring into or convey out of the same any writing, clothing, food, tobacco or any article whatsoever, shall be guilty of a misdemeanor.

      [1911 C&P § 108; RL § 6373; NCL § 10057]

      NRS 212.150  Communication with person charged or convicted of felony in county jail.

      1.  A person shall not visit, or in any manner communicate with, any prisoner convicted of or charged with any felony, imprisoned in the county jail, other than the officer having such prisoner in charge, the prisoner’s attorney or the district attorney, unless the person has a written permission so to do, signed by the district attorney, or has the consent of the Director of the Department of Corrections or the constable or sheriff having such prisoner in charge.

      2.  Any person violating, aiding in, conniving at or participating in the violation of this section is guilty of a gross misdemeanor.

      [1911 C&P § 552; RL § 6817; NCL § 10497]—(NRS A 1967, 525; 1977, 869; 2001 Special Session, 198)

      NRS 212.160  Furnishing weapon, facsimile, intoxicant or controlled substance to state prisoner; possession of controlled substance by state prisoner.

      1.  A person, who is not authorized by law, who knowingly furnishes, attempts to furnish, or aids or assists in furnishing or attempting to furnish to a prisoner confined in an institution of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, any deadly weapon, explosive, a facsimile of a firearm or an explosive, any controlled substance or intoxicating liquor, shall be punished:

      (a) Where a deadly weapon, controlled substance, explosive or a facsimile of a firearm or explosive is involved, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where an intoxicant is involved, for a gross misdemeanor.

      2.  Knowingly leaving or causing to be left any deadly weapon, explosive, facsimile of a firearm or explosive, controlled substance or intoxicating liquor where it may be obtained by any prisoner constitutes, within the meaning of this section, the furnishing of the article to the prisoner.

      3.  A prisoner confined in an institution of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, who possesses a controlled substance without lawful authorization is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1:163:1949; 1943 NCL § 11474.01]—(NRS A 1963, 520; 1967, 525; 1971, 2026; 1977, 869; 1979, 1458; 1985, 596; 1987, 1548; 1995, 1257; 2001 Special Session, 198)

      NRS 212.165  Prohibition on furnishing portable telecommunications device to prisoner and on possession of such devices in jail or institution or facility of Department of Corrections; penalties; petition for modification of sentence.

      1.  A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.

      3.  A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  A prisoner confined in a jail or any other place where such prisoners are authorized to be or are assigned by the sheriff, chief of police or other officer responsible for the operation of the jail, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection and who is in lawful custody or confinement for a charge, conviction or sentence for:

      (a) A felony is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) A gross misdemeanor is guilty of a gross misdemeanor.

      (c) A misdemeanor is guilty of a misdemeanor.

      5.  A sentence imposed upon a prisoner pursuant to subsection 3 or 4:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was in lawful custody or confinement when the prisoner violated the provisions of subsection 3 or 4.

      6.  A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been reduced to a charge for which the penalty is less than the penalty which was imposed upon the person pursuant to subsection 4, with the court of original jurisdiction requesting that the court, for good cause shown:

      (a) Order that his or her sentence imposed pursuant to subsection 4 be modified to a sentence equivalent to the penalty imposed for the underlying charge for which the person was convicted; and

      (b) Resentence him or her in accordance with the penalties prescribed for the underlying charge for which the person was convicted.

      7.  A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been declined for prosecution or dismissed, with the court of original jurisdiction requesting that the court, for good cause shown:

      (a) Order that his or her original sentence pursuant to subsection 4 be reduced to a misdemeanor; and

      (b) Resentence him or her in accordance with the penalties prescribed for a misdemeanor.

      8.  No person has a right to the modification of a sentence pursuant to subsection 6 or 7, and the granting or denial of a petition pursuant to subsection 6 or 7 does not establish a basis for any cause of action against this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.

      9.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      (c) “Jail” means a jail, branch county jail or other local detention facility.

      (d) “Telecommunications device” has the meaning ascribed to it in subsection 3 of NRS 209.417.

      (Added to NRS by 2007, 72; A 2013, 2095)

      NRS 212.170  Furnishing intoxicant to person lawfully confined in jail or detention facility.

      1.  Any person who sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person confined in any county or city jail or detention facility is guilty of a gross misdemeanor.

      2.  This section does not apply to any physician prescribing or furnishing liquor to any such person, when the liquor is prescribed or furnished for medicinal purposes only.

      [Part 1911 C&P § 220; RL § 6485; NCL § 10167]—(NRS A 1967, 526; 1989, 1177)

      NRS 212.180  Sale of liquor within half mile of institution of Department of Corrections unlawful; restriction on granting of new licenses.  It is unlawful for any person, unless the person was licensed to sell alcoholic beverages at that address before July 1, 1983, to sell by wholesale or retail any alcoholic beverage within one-half mile of any institution under the jurisdiction of the Department of Corrections which is designed to house 125 or more offenders within a secure perimeter, and no license may be granted authorizing the sale of any alcoholic beverage within one-half mile of such an institution.

      [1911 C&P § 239; RL § 6504; NCL § 10186]—(NRS A 1979, 1458; 1983, 381; 2001 Special Session, 199)

      NRS 212.185  Possession or control of dangerous weapon or facsimile by incarcerated person prohibited.

      1.  A person who is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this State, or is transferred for medical or psychiatric treatment at another institution, or is in transit to or from such facility, or is in the legal custody of any correctional officer or employee, and who possesses or has in his or her custody or control any:

      (a) Instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

      (b) Explosive substance, including fixed ammunition, or any incendiary or explosive device;

      (c) Dirk, dagger, switchblade knife or sharp instrument;

      (d) Pistol, revolver or other firearm;

      (e) Facsimile of a firearm or an explosive;

      (f) Device capable of propelling a projectile with sufficient force to cause bodily harm, including, but not limited to, a pellet gun, slingshot, blowgun, crossbow or bow and arrow; or

      (g) Other similar weapon, instrument or device,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      2.  For the purposes of this section, incarceration begins upon assignment to a cell or other place within the correctional facility after completion of the initial booking procedure.

      (Added to NRS by 1977, 269; A 1985, 596; 1989, 1177; 1995, 1257)

      NRS 212.187  Voluntary sexual conduct between prisoner and another person; penalty.

      1.  A prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section, “sexual conduct”:

      (a) Includes acts of masturbation, sexual penetration or physical contact with another person’s clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.

      (b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.

      (Added to NRS by 1981, 613; A 1997, 1643; 1999, 2882; 2001, 1164, 1937; 2001 Special Session, 157; 2003, 26, 29, 2581; 2013, 1169)

      NRS 212.189  Unlawful acts related to human excrement or bodily fluid; penalty; investigation; testing for communicable diseases; plea bargaining prohibited.

      1.  Except as otherwise provided in subsection 10, a prisoner who is under lawful arrest, in lawful custody or in lawful confinement shall not knowingly:

      (a) Store or stockpile any human excrement or bodily fluid;

      (b) Sell, supply or provide any human excrement or bodily fluid to any other person;

      (c) Buy, receive or acquire any human excrement or bodily fluid from any other person; or

      (d) Use, propel, discharge, spread or conceal, or cause to be used, propelled, discharged, spread or concealed, any human excrement or bodily fluid:

             (1) With the intent to have the excrement or bodily fluid come into physical contact with any portion of the body of another person, including, without limitation, an officer or employee of a prison or law enforcement agency, whether or not such physical contact actually occurs; or

             (2) Under circumstances in which the excrement or bodily fluid is reasonably likely to come into physical contact with any portion of the body of another person, including, without limitation, an officer or employee of a prison or law enforcement agency, whether or not such physical contact actually occurs.

      2.  Except as otherwise provided in subsection 4, if a prisoner who is under lawful arrest or in lawful custody violates any provision of subsection 1, the prisoner is guilty of:

      (a) For a first offense, a gross misdemeanor.

      (b) For a second offense or any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      3.  Except as otherwise provided in subsection 4, if a prisoner who is in lawful confinement, other than residential confinement, violates any provision of subsection 1, the prisoner is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      4.  If a prisoner who is under lawful arrest, in lawful custody or in lawful confinement violates any provision of paragraph (d) of subsection 1 and, at the time of the offense, the prisoner knew that any portion of the excrement or bodily fluid involved in the offense contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm, whether or not the communicable disease was transmitted to a victim as a result of the offense, the prisoner is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and may be further punished by a fine of not more than $50,000.

      5.  A sentence imposed upon a prisoner pursuant to subsection 2, 3 or 4:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was under lawful arrest, in lawful custody or in lawful confinement when the prisoner violated the provisions of subsection 1.

      6.  In addition to any other penalty, the court shall order a prisoner who violates any provision of paragraph (d) of subsection 1 to reimburse the appropriate person or governmental body for the cost of any examinations or testing:

      (a) Conducted pursuant to paragraphs (a) and (b) of subsection 8; or

      (b) Paid for pursuant to subparagraph (2) of paragraph (c) of subsection 8.

      7.  The warden, sheriff, administrator or other person responsible for administering a prison shall immediately and fully investigate any act described in subsection 1 that is reported or suspected to have been committed in the prison.

      8.  If there is probable cause to believe that an act described in paragraph (d) of subsection 1 has been committed in a prison:

      (a) Each prisoner believed to have committed the act or to have been the bodily source of any portion of the excrement or bodily fluid involved in the act shall submit to any appropriate examinations and testing to determine whether each such prisoner has any communicable disease.

      (b) If possible, a sample of the excrement or bodily fluid involved in the act must be recovered and tested to determine whether any communicable disease is present in the excrement or bodily fluid.

      (c) If the excrement or bodily fluid involved in the act came into physical contact with any portion of the body of an officer or employee of a prison or law enforcement agency:

             (1) The results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be provided to each such officer, employee or other person; and

             (2) For each such officer or employee:

                   (I) Of a prison, the person or governmental body operating the prison where the act was committed shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to the officer or employee as a result of the act; and

                   (II) Of any law enforcement agency, the law enforcement agency that employs the officer or employee shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to the officer or employee as a result of the act.

      (d) The results of the investigation conducted pursuant to subsection 7 and the results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be submitted to the district attorney of the county in which the act was committed or to the Office of the Attorney General for possible prosecution of each prisoner who committed the act.

      9.  If a prisoner is charged with committing an act described in paragraph (d) of subsection 1 and a victim or an intended victim of the act was an officer or employee of a prison or law enforcement agency, the prosecuting attorney shall not dismiss the charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      10.  The provisions of this section do not apply to a prisoner who is in residential confinement or to a prisoner who commits an act described in subsection 1 if the act:

      (a) Is otherwise lawful and is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his or her designee, and the prisoner performs the act in accordance with the directions or instructions given to the prisoner by that person;

      (b) Involves the discharge of human excrement or bodily fluid directly from the body of the prisoner and the discharge is the direct result of a temporary or permanent injury, disease or medical condition afflicting the prisoner that prevents the prisoner from having physical control over the discharge of his or her own excrement or bodily fluid; or

      (c) Constitutes voluntary sexual conduct with another person in violation of the provisions of NRS 212.187.

      (Added to NRS by 1999, 2676; A 2003, 1485; 2007, 1442; 2009, 150)

PRIVATE FACILITIES AND INSTITUTIONS

      NRS 212.1895  Applicability of certain provisions to custodian and prisoner assigned to private facility or institution; training to perform duties of correctional officer at private facility or institution; reimbursement to State for expenses relating to prisoner who escapes from private facility or institution.

      1.  The provisions of this section and NRS 212.030 to 212.130, inclusive, and 212.160 to 212.189, inclusive, apply to:

      (a) A person who has custody of a prisoner assigned to a private facility or institution in this State; and

      (b) A prisoner assigned to a private facility or institution in this State,

Ê to the same extent that those provisions would apply if the prisoner had been assigned to a facility or institution operated by the Department of Corrections.

      2.  A private organization that operates a private facility or institution must provide training to any person employed by the private facility or institution to perform the duties of a correctional officer described in subsection 5 of NRS 209.131. The training must be equivalent to the training provided to a correctional officer in this State.

      3.  The private organization that operates a private facility or institution must reimburse the State for any expenses charged against the State or paid by the State pursuant to NRS 212.040, 212.050 or 212.070 concerning a prisoner who escapes from the private facility or institution.

      4.  As used in this section:

      (a) “Prisoner” means any person who is:

             (1) Convicted of a crime under the laws of this State and sentenced to imprisonment in the state prison; or

             (2) Convicted of a crime under the laws of another jurisdiction and sentenced to imprisonment by that jurisdiction.

      (b) “Private facility or institution” has the meaning ascribed to it in NRS 209.083.

      (Added to NRS by 2009, 2821)

DAMAGE TO PRISONS AND JAILS

      NRS 212.190  Penalty.  If any person shall, willfully and intentionally, break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail or other place of confinement, every person so offending is guilty of a public offense proportionate to the value of the loss resulting therefrom, and in no event less than a gross misdemeanor.

      [1911 C&P § 493; RL § 6758; NCL § 10440]—(NRS A 1967, 526)

ELECTRONIC SUPERVISION

      NRS 212.220  Penalties for absence without authorization or tampering with electronic device; restitution.

      1.  Except as otherwise provided in NRS 213.400, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and who:

      (a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or

      (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

Ê is guilty of a gross misdemeanor.

      2.  A person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and who:

      (a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or

      (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

Ê is guilty of a misdemeanor.

      3.  In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person.

      4.  A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.

      (Added to NRS by 1997, 1225)