With certain exceptions, existing law prohibits an offender from having access to a telecommunications device. Existing law authorizes an offender to use a telecommunications device to conduct certain visits and correspondence. Existing law also authorizes certain offenders to use telecommunications devices: (1) pursuant to an agreement with the Department of Corrections; or (2) in accordance with any regulations governing the use of such devices adopted by the Department of Corrections. Finally, existing law defines the term “telecommunications device” to include a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer with certain capabilities. (NRS 209.417) This bill removes statutory provisions authorizing offenders to have access to a telecommunications device and instead: (1) requires the warden or manager of an institution or facility to determine which telecommunications devices, if any, are authorized for use by an offender; and (2) requires the Director of the Department to adopt regulations authorizing an offender to possess, have in his or her custody or control and use an authorized telecommunications device for certain purposes. This bill requires such regulations to authorize an offender to possess, have in his or her custody or control and use an authorized telecommunications device for the purpose of: (1) conducting certain visits and correspondence; (2) appearing in court; (3) receiving medical care; (4) applying for or enrolling in a benefit from a governmental program; (5) performing legal research; (6) obtaining a diploma, degree, certificate or similar credential; (7) taking a vocational assessment; and (8) communicating with an attorney. This bill authorizes the Director of the Department, with the approval of the Board, to adopt regulations authorizing an offender to possess, have in his or her custody or control and use an authorized telecommunications device for any purpose other than these specified purposes. The bill requires such regulations to: (1) prescribe requirements for determining whether a telecommunications device will be authorized for use by an offender; (2) prescribe the criteria for eligibility for an offender to use an authorized telecommunications device; (3) set forth the circumstances under which an offender is authorized to use such a device to access the Internet; and (4) prescribe standards for the use of such a device by an offender. Finally, this bill revises the definition of “telecommunications device” to include a tablet with certain capabilities.

Statutes affected:
As Introduced: 209.417
Reprint 1: 209.417
Reprint 2: 209.417
As Enrolled: 209.417
BDR: 209.417