The Nevada Constitution entitles a victim of crime to full and timely restitution and requires that all monetary payments, money and property collected from any person ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim. (Nev. Const. Art. 1, § 8A) Under existing law, the Prisoners' Personal Property Fund is created as a trust fund. With certain exceptions, an offender in an institution or a facility of the Department of Corrections is required under existing law to deposit all money received by the offender during incarceration in an individual account in the Fund. The Director of the Department is also required under existing law to deposit in the Fund the net wages after certain deductions that are earned by an offender during incarceration and valuables of an offender received during incarceration. (NRS 209.241) With certain exceptions, existing law authorizes the Director of the Department of Corrections to make certain deductions from the individual account of an offender or from the gross wages of an offender, including a deduction to meet an existing obligation for restitution to a victim. Under existing law, such deductions are made in accordance with an order of priority specific to whether the deduction is made from: (1) the individual account of an offender; (2) the wages of an offender whose hourly wage is equal to or greater than the federal minimum wage; or (3) the wages of an offender whose hourly wage is less than the federal minimum wage. (NRS 209.247, 209.463) Sections 1.9 and 2 of this bill revise such orders of priority to comport with the relevant provisions in the Nevada Constitution concerning restitution. For deductions from the individual account of the offender, section 1.9, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following: (1) the deduction for credit to the Fund for the Compensation of Victims of Crime; and (2) the deduction for the fee imposed for genetic marker analysis. For deductions from the wages of an offender whose hourly wage is equal to or greater than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following: (1) the deduction for credit to the Fund for the Compensation of Victims of Crime; (2) the deduction for credit to the individual account of the offender; (3) the deduction to offset the cost of maintaining the offender in the institution; and (4) the deduction to repay certain costs or to defray certain expenses. For deductions from the wages of an offender whose hourly wage is less than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following: (1) the deduction for credit to the Fund for the Compensation of Victims of Crime; (2) the deduction for credit to the individual account of the offender; (3) the deduction to offset the cost of maintaining the offender in the institution; (4) the deduction to repay certain costs or to defray certain expenses; (5) the deduction for the fee imposed for genetic marker analysis; and (6) the deduction for expenses related to the release or funeral of the offender. Existing law establishes various duties of the Director relating to the individual accounts of offenders. (NRS 209.241) In addition to such existing duties, section 1.7 of this bill requires the Director to provide a monthly statement to each offender relating to the individual account of the offender. Section 1.7 also: (1) requires the statement to include certain information; and (2) sets forth various requirements concerning the method for providing the statement to the offender. Section 1.3 of this bill: (1) authorizes the Department to adopt regulations necessary for the Director to carry out the provisions of law relating to deductions from the individual account of offenders and from the wages of offenders; and (2) requires such regulations to be adopted in accordance with the provisions of the Nevada Administrative Procedure Act. Section 2.5 of this bill makes a conforming change relating to the regulations. Section 1.1 of this bill requires the Director to establish and maintain a package program for all offenders. Section 1.1 authorizes the Director or the Medical Director to prohibit an offender from participating in the package program under certain circumstances. Finally, section 1.1 provides that the contents of packages received through the package program are not subject to deductions relating to individual accounts of offenders. Section 1.5 of this bill makes a conforming change relating to the revised order of priority for deductions made from the individual account of offenders and from the wages of offenders.

Statutes affected:
As Introduced: 209.247, 209.463
Reprint 1: 209.192, 209.241, 209.247, 209.463, 233B.039
As Enrolled: 209.192, 209.241, 209.247, 209.463, 233B.039