Nevada 2023 Regular Session

Nevada Senate Bill SB105 Compare Versions

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22
3-- 82nd Session (2023)
3+ S.B. 105
4+
5+- *SB105*
6+
47 SENATE BILL NO. 105–COMMITTEE ON GOVERNMENT AFFAIRS
58
6-CHAPTER..........
9+(ON BEHALF OF THE JOINT INTERIM STANDING
10+COMMITTEE ON JUDICIARY)
711
8-AN ACT relating to the Department of Corrections; making the
9-Department subject to the provisions of Nevada
10-Administrative Procedure Act for purposes of adopting
11-certain regulations; and providing other matters properly
12-relating thereto.
13-Legislative Counsel’s Digest:
14- Existing law enacts the Nevada Administrative Procedure Act, which
15-establishes procedural requirements for the adoption of regulations and adjudication
16-of contested cases by certain agencies of the Executive Department of the State
17-Government. (Chapter 233B of NRS) With certain exceptions, existing law
18-exempts the Department of Corrections from the requirements prescribed by the
19-Act. (NRS 233B.039) Section 1 of this bill revises this exemption and makes the
20-Department of Corrections subject to the Act for the purpose of adopting
21-regulations relating to fiscal policy, correspondence with inmates and visitation
22-with inmates of the Department. Section 4 of this bill provides that the regulations
23-currently adopted by the Department remain in effect until replaced by new
24-regulations adopted by the Department in accordance with the Act.
12+PREFILED FEBRUARY 2, 2023
13+____________
14+
15+Referred to Committee on Government Affairs
16+
17+SUMMARY—Revises provisions relating to the Department of
18+Corrections. (BDR 18-320)
19+
20+FISCAL NOTE: Effect on Local Government: No.
21+ Effect on the State: Yes.
22+
23+~
2524
2625 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
2726
2827
28+AN ACT relating to the Department of Corrections; making the
29+Department subject to the provisions of Nevada
30+Administrative Procedure Act under certain
31+circumstances; and providing other matters properly
32+relating thereto.
33+Legislative Counsel’s Digest:
34+ Existing law enacts the Nevada Administrative Procedure Act, which 1
35+establishes procedural requirements for the adoption of regulations and adjudication 2
36+of contested cases by certain agencies of the Executive Department of the State 3
37+Government. (Chapter 233B of NRS) With certain exceptions, existing law 4
38+exempts the Department of Corrections from the requirements prescribed by the 5
39+Act. (NRS 233B.039) Section 1 of this bill removes this exemption and makes the 6
40+Department of Corrections subject to the Act for the purpose of adopting 7
41+regulations but not with respect to contested cases. Sections 2 and 3 of this bill 8
42+make conforming changes related to the removal of the exemption in section 1. 9
43+Section 4 of this bill provides that the regulations currently adopted by the 10
44+Department remain in effect until replaced by new regulations adopted by the 11
45+Department in accordance with the Act. 12
46+
47+
48+
49+ – 2 –
50+
51+
52+- *SB105*
2953 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
3054 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
3155
32- Section 1. NRS 233B.039 is hereby amended to read as
33-follows:
34- 233B.039 1. The following agencies are entirely exempted
35-from the requirements of this chapter:
36- (a) The Governor.
37- (b) Except as otherwise provided in subsection 7 and NRS
38-209.221 and 209.2473, the Department of Corrections.
39- (c) The Nevada System of Higher Education.
40- (d) The Office of the Military.
41- (e) The Nevada Gaming Control Board.
42- (f) Except as otherwise provided in NRS 368A.140 and 463.765,
43-the Nevada Gaming Commission.
44- (g) Except as otherwise provided in NRS 425.620, the Division
45-of Welfare and Supportive Services of the Department of Health and
46-Human Services.
47- (h) Except as otherwise provided in NRS 422.390, the Division
48-of Health Care Financing and Policy of the Department of Health
49-and Human Services.
50- – 2 –
51-
52-
53-- 82nd Session (2023)
54- (i) Except as otherwise provided in NRS 533.365, the Office of
55-the State Engineer.
56- (j) The Division of Industrial Relations of the Department of
57-Business and Industry acting to enforce the provisions of
58-NRS 618.375.
59- (k) The Administrator of the Division of Industrial Relations of
60-the Department of Business and Industry in establishing and
61-adjusting the schedule of fees and charges for accident benefits
62-pursuant to subsection 2 of NRS 616C.260.
63- (l) The Board to Review Claims in adopting resolutions to carry
64-out its duties pursuant to NRS 445C.310.
65- (m) The Silver State Health Insurance Exchange.
66- (n) The Cannabis Compliance Board.
67- 2. Except as otherwise provided in subsection 5 and NRS
68-391.323, the Department of Education, the Board of the Public
69-Employees’ Benefits Program and the Commission on Professional
70-Standards in Education are subject to the provisions of this chapter
71-for the purpose of adopting regulations but not with respect to any
72-contested case.
73- 3. The special provisions of:
74- (a) Chapter 612 of NRS for the adoption of an emergency
75-regulation or the distribution of regulations by and the judicial
76-review of decisions of the Employment Security Division of the
77-Department of Employment, Training and Rehabilitation;
78- (b) Chapters 616A to 617, inclusive, of NRS for the
79-determination of contested claims;
80- (c) Chapter 91 of NRS for the judicial review of decisions of the
81-Administrator of the Securities Division of the Office of the
82-Secretary of State; and
83- (d) NRS 90.800 for the use of summary orders in contested
84-cases,
85- prevail over the general provisions of this chapter.
86- 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and
87-233B.126 do not apply to the Department of Health and Human
88-Services in the adjudication of contested cases involving the
89-issuance of letters of approval for health facilities and agencies.
90- 5. The provisions of this chapter do not apply to:
91- (a) Any order for immediate action, including, but not limited
92-to, quarantine and the treatment or cleansing of infected or infested
93-animals, objects or premises, made under the authority of the State
94-Board of Agriculture, the State Board of Health, or any other agency
95-of this State in the discharge of a responsibility for the preservation
96-of human or animal health or for insect or pest control;
56+ Section 1. NRS 233B.039 is hereby amended to read as 1
57+follows: 2
58+ 233B.039 1. The following agencies are entirely exempted 3
59+from the requirements of this chapter: 4
60+ (a) The Governor. 5
61+ (b) [Except as otherwise provided in NRS 209.221 and 6
62+209.2473, the Department of Corrections. 7
63+ (c)] The Nevada System of Higher Education. 8
64+ [(d)] (c) The Office of the Military. 9
65+ [(e)] (d) The Nevada Gaming Control Board. 10
66+ [(f)] (e) Except as otherwise provided in NRS 368A.140 and 11
67+463.765, the Nevada Gaming Commission. 12
68+ [(g)] (f) Except as otherwise provided in NRS 425.620, the 13
69+Division of Welfare and Supportive Services of the Department of 14
70+Health and Human Services. 15
71+ [(h)] (g) Except as otherwise provided in NRS 422.390, the 16
72+Division of Health Care Financing and Policy of the Department of 17
73+Health and Human Services. 18
74+ [(i)] (h) Except as otherwise provided in NRS 533.365, the 19
75+Office of the State Engineer. 20
76+ [(j)] (i) The Division of Industrial Relations of the Department 21
77+of Business and Industry acting to enforce the provisions of 22
78+NRS 618.375. 23
79+ [(k)] (j) The Administrator of the Division of Industrial 24
80+Relations of the Department of Business and Industry in 25
81+establishing and adjusting the schedule of fees and charges for 26
82+accident benefits pursuant to subsection 2 of NRS 616C.260. 27
83+ [(l)] (k) The Board to Review Claims in adopting resolutions to 28
84+carry out its duties pursuant to NRS 445C.310. 29
85+ [(m)] (l) The Silver State Health Insurance Exchange. 30
86+ [(n)] (m) The Cannabis Compliance Board. 31
87+ 2. Except as otherwise provided in subsection 5 and NRS 32
88+391.323, the Department of Education, the Board of the Public 33
89+Employees’ Benefits Program and the Commission on Professional 34
90+Standards in Education are subject to the provisions of this chapter 35
91+for the purpose of adopting regulations but not with respect to any 36
92+contested case. 37
93+ 3. The special provisions of: 38
94+ (a) Chapter 612 of NRS for the adoption of an emergency 39
95+regulation or the distribution of regulations by and the judicial 40
96+review of decisions of the Employment Security Division of the 41
97+Department of Employment, Training and Rehabilitation; 42
9798 – 3 –
9899
99100
100-- 82nd Session (2023)
101- (b) An extraordinary regulation of the State Board of Pharmacy
102-adopted pursuant to NRS 453.2184;
103- (c) A regulation adopted by the State Board of Education
104-pursuant to NRS 388.255 or 394.1694;
105- (d) The judicial review of decisions of the Public Utilities
106-Commission of Nevada;
107- (e) The adoption, amendment or repeal of policies by the
108-Rehabilitation Division of the Department of Employment, Training
109-and Rehabilitation pursuant to NRS 426.561 or 615.178;
110- (f) The adoption or amendment of a rule or regulation to be
111-included in the State Plan for Services for Victims of Crime by the
112-Department of Health and Human Services pursuant to
113-NRS 217.130;
114- (g) The adoption, amendment or repeal of rules governing the
115-conduct of contests and exhibitions of unarmed combat by the
116-Nevada Athletic Commission pursuant to NRS 467.075;
117- (h) The adoption, amendment or repeal of regulations by the
118-Director of the Department of Health and Human Services pursuant
119-to NRS 447.335 to 447.350, inclusive;
120- (i) The adoption, amendment or repeal of standards of content
121-and performance for courses of study in public schools by the
122-Council to Establish Academic Standards for Public Schools and the
123-State Board of Education pursuant to NRS 389.520;
124- (j) The adoption, amendment or repeal of the statewide plan to
125-allocate money from the Fund for a Resilient Nevada created by
126-NRS 433.732 established by the Department of Health and Human
127-Services pursuant to paragraph (b) of subsection 1 of NRS 433.734;
128-or
129- (k) The adoption or amendment of a data request by the
130-Commissioner of Insurance pursuant to NRS 687B.404.
131- 6. The State Board of Parole Commissioners is subject to the
132-provisions of this chapter for the purpose of adopting regulations but
133-not with respect to any contested case.
134- 7. The Department of Corrections is subject to the provisions
135-of this chapter for the purpose of adopting regulations relating to
136-fiscal policy, correspondence with inmates and visitation with
137-inmates of the Department of Corrections.
138- Secs. 2 and 3. (Deleted by amendment.)
139- Sec. 4. 1. Any current regulations adopted by the
140-Department of Corrections related to fiscal policy, correspondence
141-with inmates and visitation with inmates must remain in effect until
142-regulations are adopted pursuant to chapter 233B of NRS, as
101+- *SB105*
102+ (b) Chapters 616A to 617, inclusive, of NRS for the 1
103+determination of contested claims; 2
104+ (c) Chapter 91 of NRS for the judicial review of decisions of the 3
105+Administrator of the Securities Division of the Office of the 4
106+Secretary of State; and 5
107+ (d) NRS 90.800 for the use of summary orders in contested 6
108+cases, 7
109+ prevail over the general provisions of this chapter. 8
110+ 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 9
111+233B.126 do not apply to the Department of Health and Human 10
112+Services in the adjudication of contested cases involving the 11
113+issuance of letters of approval for health facilities and agencies. 12
114+ 5. The provisions of this chapter do not apply to: 13
115+ (a) Any order for immediate action, including, but not limited 14
116+to, quarantine and the treatment or cleansing of infected or infested 15
117+animals, objects or premises, made under the authority of the State 16
118+Board of Agriculture, the State Board of Health, or any other agency 17
119+of this State in the discharge of a responsibility for the preservation 18
120+of human or animal health or for insect or pest control; 19
121+ (b) An extraordinary regulation of the State Board of Pharmacy 20
122+adopted pursuant to NRS 453.2184; 21
123+ (c) A regulation adopted by the State Board of Education 22
124+pursuant to NRS 388.255 or 394.1694; 23
125+ (d) The judicial review of decisions of the Public Utilities 24
126+Commission of Nevada; 25
127+ (e) The adoption, amendment or repeal of policies by the 26
128+Rehabilitation Division of the Department of Employment, Training 27
129+and Rehabilitation pursuant to NRS 426.561 or 615.178; 28
130+ (f) The adoption or amendment of a rule or regulation to be 29
131+included in the State Plan for Services for Victims of Crime by the 30
132+Department of Health and Human Services pursuant to 31
133+NRS 217.130; 32
134+ (g) The adoption, amendment or repeal of rules governing the 33
135+conduct of contests and exhibitions of unarmed combat by the 34
136+Nevada Athletic Commission pursuant to NRS 467.075; 35
137+ (h) The adoption, amendment or repeal of regulations by the 36
138+Director of the Department of Health and Human Services pursuant 37
139+to NRS 447.335 to 447.350, inclusive; 38
140+ (i) The adoption, amendment or repeal of standards of content 39
141+and performance for courses of study in public schools by the 40
142+Council to Establish Academic Standards for Public Schools and the 41
143+State Board of Education pursuant to NRS 389.520; 42
144+ (j) The adoption, amendment or repeal of the statewide plan to 43
145+allocate money from the Fund for a Resilient Nevada created by 44
146+NRS 433.732 established by the Department of Health and Human 45
143147 – 4 –
144148
145149
146-- 82nd Session (2023)
147-amended by section 1 of this act, to replace those regulations, as
148-required pursuant to subsection 2.
149- 2. The Department shall, as soon as practicable, adopt
150-regulations pursuant to chapter 233B of NRS, as amended by
151-section 1 of this act, to replace the current regulations adopted by
152-the Department relating to fiscal policy, correspondence with
153-inmates and visitation with inmates.
154- Sec. 5. This act becomes effective on July 1, 2023.
150+- *SB105*
151+Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; 1
152+or 2
153+ (k) The adoption or amendment of a data request by the 3
154+Commissioner of Insurance pursuant to NRS 687B.404. 4
155+ 6. The State Board of Parole Commissioners is subject to the 5
156+provisions of this chapter for the purpose of adopting regulations but 6
157+not with respect to any contested case. 7
158+ 7. The Department of Corrections is subject to the provisions 8
159+of this chapter for the purpose of adopting regulations but not 9
160+with respect to any contested case. 10
161+ Sec. 2. NRS 209.221 is hereby amended to read as follows: 11
162+ 209.221 1. The Offenders’ Store Fund is hereby created as a 12
163+special revenue fund. All money received for the benefit of 13
164+offenders through contributions, and from other sources not 14
165+otherwise required to be deposited in another fund, must be 15
166+deposited in the Offenders’ Store Fund. 16
167+ 2. The Director shall: 17
168+ (a) Keep, or cause to be kept, a full and accurate account of the 18
169+Fund; 19
170+ (b) Submit reports to the Board relative to money in the Fund as 20
171+may be required from time to time; and 21
172+ (c) Submit a monthly report to the offenders of the amount of 22
173+money in the Fund by posting copies of the report at locations 23
174+accessible to offenders generally or by delivery of copies to the 24
175+appropriate representatives of the offenders if any are selected. 25
176+ 3. Except as otherwise provided in subsections 4 to 10, 26
177+inclusive, money in the Offenders’ Store Fund, except interest 27
178+earned upon it, must be expended for the welfare and benefit of all 28
179+offenders or for any other purpose authorized by the Legislature. 29
180+ 4. If necessary to cover a shortfall of money in the Prisoners’ 30
181+Personal Property Fund, the Director may, after obtaining the 31
182+approval of the Interim Finance Committee, authorize the State 32
183+Controller to transfer money from the Offenders’ Store Fund to the 33
184+Prisoners’ Personal Property Fund, and the State Controller shall 34
185+make the transfer. 35
186+ 5. If an offender has insufficient money in his or her individual 36
187+account in the Prisoners’ Personal Property Fund to repay or defray 37
188+costs assessed to the offender pursuant to NRS 209.246, the Director 38
189+shall authorize the State Controller to transfer sufficient money from 39
190+the Offenders’ Store Fund to the appropriate account in the State 40
191+General Fund to pay costs remaining unpaid, and the State 41
192+Controller shall make the transfer. Any money so transferred must 42
193+be accounted for separately. The Director shall cause the Offenders’ 43
194+Store Fund to be reimbursed from the offender’s individual account 44
195+ – 5 –
155196
156-20 ~~~~~ 23
197+
198+- *SB105*
199+in the Prisoners’ Personal Property Fund, as money becomes 1
200+available. 2
201+ 6. If the Department incurs costs related to state property that 3
202+has been willfully damaged, destroyed or lost or incurs costs related 4
203+to medical examination, diagnosis or treatment for an injury to an 5
204+offender, the Director may authorize the State Controller to transfer 6
205+money from the Offenders’ Store Fund to the appropriate account in 7
206+the State General Fund to repay or defray those costs if: 8
207+ (a) The Director has reason to believe that an offender caused 9
208+the damage, destruction, loss or injury; and 10
209+ (b) The identity of the offender is unknown or cannot be 11
210+determined by the Director with reasonable certainty. 12
211+ The State Controller shall make the transfer if authorized by the 13
212+Director. Any money transferred must be accounted for separately. 14
213+If the identity of the offender is determined after money has been 15
214+transferred, the Director shall cause the Offenders’ Store Fund to be 16
215+reimbursed from the offender’s individual account in the Prisoners’ 17
216+Personal Property Fund, as money becomes available. 18
217+ 7. The Director may, with approval of the Board, establish by 19
218+regulation criteria for a reasonable deduction from money credited 20
219+to the Offenders’ Store Fund to repay or defray the costs relating to 21
220+the operation and maintenance of the offenders’ store, coffee shop, 22
221+gymnasium and correctional officers’ salaries for visitation posts 23
222+where they exist in each facility. [Any regulations adopted pursuant 24
223+to this subsection must be adopted in accordance with the provisions 25
224+of chapter 233B of NRS.] 26
225+ 8. The Director may, with approval of the Board, establish by 27
226+regulation a charge on the purchase of electronic devices by 28
227+offenders to defray the costs relating to the operation of the devices. 29
228+The Director shall utilize the proceeds collected from the charge 30
229+established for operation of the devices to offset the energy costs of 31
230+the facilities within the Department. [Any regulations adopted 32
231+pursuant to this subsection must be adopted in accordance with the 33
232+provisions of chapter 233B of NRS.] 34
233+ 9. The Director may, with approval of the Board, establish by 35
234+regulation a charge on the use by offenders of videoconferencing 36
235+equipment for conducting visits to defray the costs relating to the 37
236+operation and maintenance of the equipment. The Director shall 38
237+utilize the proceeds collected from the charge established for the 39
238+operation and maintenance of the equipment to offset the costs of 40
239+operating and maintaining the videoconferencing equipment and 41
240+correctional officers’ salaries for posts for conducting visits by 42
241+videoconference where the posts exist in each facility. 43
242+ 10. If an offender who has been assigned to a center for the 44
243+purpose of making restitution is returned to an institution for 45
244+ – 6 –
245+
246+
247+- *SB105*
248+committing an infraction of the regulations of the Department and 1
249+the center has not been fully compensated for the cost of providing 2
250+the offender with housing, transportation, meals, or medical or 3
251+dental services at the center, the Director may authorize the State 4
252+Controller to transfer money from the Offenders’ Store Fund to the 5
253+appropriate account in the State General Fund to repay or defray 6
254+those costs. The State Controller shall make the transfer if 7
255+authorized by the Director. Any money transferred must be 8
256+accounted for separately. The Director shall cause the Offenders’ 9
257+Store Fund to be reimbursed from the offender’s individual account 10
258+in the Prisoners’ Personal Property Fund, as money becomes 11
259+available. 12
260+ 11. If an offender has insufficient money in his or her 13
261+individual account in the Prisoners’ Personal Property Fund to repay 14
262+or defray costs assessed to the offender pursuant to NRS 209.246, 15
263+the offender shall sign a statement under penalty of perjury 16
264+concerning his or her financial situation. Such a statement must 17
265+include, but is not limited to, the following information: 18
266+ (a) The value of any interest the offender has in real estate; 19
267+ (b) The value of the personal property of the offender; 20
268+ (c) The assets in any bank account of the offender; and 21
269+ (d) The employment status of the offender. 22
270+ 12. The statement required by subsection 11 must also 23
271+authorize the Department to access any relevant document, for the 24
272+purpose of verifying the accuracy of the information provided by the 25
273+offender pursuant to this section, including, but not limited to, 26
274+information regarding any bank account of the offender, information 27
275+regarding any bank account held in trust for the offender and any 28
276+federal income tax return, report or withholding form of the 29
277+offender. 30
278+ 13. An offender who conceals assets from the Department or 31
279+provides false or misleading information on a statement prepared 32
280+pursuant to this section is guilty of a gross misdemeanor. 33
281+ 14. A person who aids or encourages an offender to conceal 34
282+assets from the Department or to provide false or misleading 35
283+information on a statement prepared pursuant to this section is guilty 36
284+of a gross misdemeanor. 37
285+ Sec. 3. NRS 209.2473 is hereby amended to read as follows: 38
286+ 209.2473 [1.] The Department may adopt regulations 39
287+necessary to carry out the provisions of NRS 209.247 and 209.463. 40
288+ [2. Any regulations adopted pursuant to this section must be 41
289+adopted in accordance with the provisions of chapter 233B of NRS.] 42
290+ Sec. 4. 1. Any current regulations adopted by the 43
291+Department of Corrections, except for those regulations adopted by 44
292+the Department pursuant to NRS 209.221 and 209.2473, as those 45
293+ – 7 –
294+
295+
296+- *SB105*
297+sections existed before July 1, 2023, must remain in effect until 1
298+regulations are adopted pursuant to chapter 233B of NRS, as 2
299+amended by section 1 of this act, to replace those regulations, as 3
300+required pursuant to subsection 2. 4
301+ 2. The Department shall, as soon as practicable, adopt 5
302+regulations pursuant to chapter 233B of NRS, as amended by 6
303+section 1 of this act, to replace the current regulations adopted by 7
304+the Department, except for those regulations adopted by the 8
305+Department pursuant to NRS 209.221 and 209.2473, as those 9
306+sections existed before July 1, 2023. 10
307+ Sec. 5. This act becomes effective on July 1, 2023. 11
308+
309+H
310+
311+
312+