Existing law requires the Director of the Department of Corrections to establish regulations with the approval of the Board of State Prison Commissioners, including regulations relating to the custody, care, training, health and safety of offenders. (NRS 209.131) Section 2 of this bill requires the Department to provide to an offender the original, physical copy of any physical mail addressed to the offender that the offender is entitled and allowed to receive. Section 2 authorizes the Director, with the approval of the Board, to adopt regulations exempting the Department from this requirement if the Department conducts a study and determines, using evidence-based methods, that complying with the requirement presents a danger to the health and safety of the staff or offenders in institutions or facilities of the Department. Section 2 also provides that any such regulations must be adopted in accordance with the provisions of the Nevada Administrative Procedure Act. (Chapter 233B of NRS) If the Director adopts regulations exempting the Department from the requirement to provide offenders with original, physical copies of mail, section 2 requires the Director to submit the study and any evidence or data that supports the determination of the Department to: (1) the Legislative Counsel when the adopted regulation is submitted; and (2) the Director of the Legislative Counsel Bureau after the regulation is adopted for transmittal to the Joint Interim Standing Committee on the Judiciary.
Section 3 of this bill requires the Department to ensure that an offender completes a medical release of information form at the time of intake and has the ability to update the completed form as necessary. If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which requires the offender to stay in a medical facility overnight, section 3 requires the Department, within 24 hours after such hospitalization or diagnosis, to attempt to inform all persons authorized by the current medical release of information form about the health status of the offender. If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which does not require the offender to stay in a medical facility overnight, section 3 requires the Department, within 4 hours after the return of the offender to the institution or facility at which the offender is incarcerated, to provide the offender with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the offender.
Section 4 of this bill requires the Department to ensure that if an offender requires prescription medication, the prescription will be filled in a timely manner.
Sections 7 and 8 of this bill impose upon county and city jails and detention facilities requirements similar to those contained in sections 3 and 4.
Section 9 of this bill requires the Department to revise its regulations to conform with the provisions of sections 2-4.