Existing law authorizes the Director of the Department of Corrections to make deductions from the individual account of an offender to repay or defray certain expenses accrued by the Department on behalf of the offender. (NRS 209.221, 209.246) Existing law authorizes the Director to establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to, among other things, repay the cost of medical examinations and the diagnosis or treatment for injuries inflicted by the offender upon himself or herself or other offenders or which occur during voluntary recreational activities. With certain exceptions, existing law additionally authorizes the Director to establish such criteria to defray a portion of the costs paid by the Department for the medical care of the offender, including without limitation, expenses for medical or dental care, prosthetic devices, pharmaceutical items and prescribed medicine and supplies. (NRS 209.246) Section 6 of this bill limits the ability of the Director to deduct money credited to the account of an offender by prohibiting the Director from adopting any regulations which authorize the imposition of a deduction of money for the payment of any copayment for any routine or emergency medical care provided to an offender.
Existing law authorizes the Director to make certain deductions, including, without limitation, deductions for the maintenance of an offender in an institution, from the wages earned by an offender from any source during the incarceration of the offender. (NRS 209.463) Section 8 of this bill prohibits the Director from authorizing such a deduction for the cost for room and board if the hourly wage of the offender is less than the federal minimum wage.
Section 3 of this bill requires the Director, with the approval of the Board of State Prison Commissioners, to adopt regulations to be instituted in each institution or facility governing the operation of a commissary in the institution or facility and prohibits the Director from adopting regulations which: (1) place a monetary limitation on the ability of an offender to receive or purchase goods or services from the commissary; or (2) authorize the markup of the price of a personal hygiene product sold at the commissary.
Section 2.5 of this bill authorizes the Director, with the approval of the Board, to adopt regulations to be instituted in each institution or facility governing the possession of personal property by offenders. Section 2.5 provides that any such regulations must be consistent with the provisions of section 3.
Section 11.5 of this bill makes an appropriation to the Department to offset reductions in revenue associated with the implementation of the provisions of this bill.
Statutes affected: As Introduced: 209.221, 209.246, 209.249, 209.463, 209.511, 233B.039
Reprint 1: 209.246, 209.463
As Enrolled: 209.246, 209.463
BDR: 209.221, 209.246, 209.249, 209.463, 209.511, 233B.039