Nevada 2023 Regular Session

Nevada Senate Bill SB153 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 153–Senators Scheible, D. Harris, Spearman; Flores
5	5	and Neal
6	6
7	7	Joint Sponsors: Assemblywomen González and Peters
8	8
9	9	CHAPTER..........
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11	11	AN ACT relating to corrections; requiring the Director of the
12	12	Department of Corrections to adopt regulations prescribing
13	13	certain standards concerning offenders who are transgender,
14	14	gender non-conforming, gender non-binary and intersex;
15	15	requiring a program of facility training for correctional staff
16	16	to include training in cultural competency for interacting with
17	17	offenders who are transgender, gender non-conforming,
18	18	gender non-binary and intersex; and providing other matters
19	19	properly relating thereto.
20	20	Legislative Counsel’s Digest:
21	21	Existing law requires the Director of the Department of Corrections, with the
22	22	approval of the Board of State Prison Commissioners, to establish regulations
23	23	governing the custody and care of offenders. (NRS 209.131) Section 6 of this bill
24	24	requires the Director, with the approval of the Board of State Prison
25	25	Commissioners, to also adopt regulations prescribing standards in each institution
26	26	and facility of the Department for the supervision, custody, care, security, housing
27	27	and medical and mental health treatment of offenders who are transgender, gender
28	28	non-conforming, gender non-binary and intersex.
29	29	Existing law authorizes the Director to develop and implement a program of
30	30	facility training, which includes certain training and courses for the correctional
31	31	staff in each institution and facility of the Department. (NRS 209.1315) Section 8
32	32	of this bill adds training in cultural competency for interacting with offenders who
33	33	are transgender, gender non-conforming, gender non-binary and intersex to the list
34	34	of training and courses constituting a program of facility training.
35	35	Sections 2-5 of this bill define the terms “gender non-binary,” “gender non-
36	36	conforming,” “intersex” and “transgender” for the purposes of adopting regulations
37	37	and developing and implementing a program of facility training. Section 7 of this
38	38	bill makes a conforming change to indicate the proper placement of sections 2-5
39	39	within the Nevada Revised Statutes.
40	40	Section 9 of this bill requires the Director to adopt any regulations which are
41	41	required by or necessary to carry out the provisions of this bill on or before
42	42	January 1, 2024.
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55	55	– 2 –
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57	57
58	58	- 82nd Session (2023)
59	59	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
60	60
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62	62	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
63	63	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
64	64
65	65	Section 1. Chapter 209 of NRS is hereby amended by adding
66	66	thereto the provisions set forth as sections 2 to 6, inclusive, of this
67	67	act.
68	68	Sec. 2. “Gender non-binary” means a person whose gender
69	69	identity does not conform to the traditional gender binary of male
70	70	and female.
71	71	Sec. 3. “Gender non-conforming” means a person whose
72	72	gender characteristics or behaviors do not conform to those
73	73	characteristics or behaviors traditionally associated with the
74	74	biological sex of the person.
75	75	Sec. 4. “Intersex” means a condition in which a person is
76	76	born with external genitals, internal reproductive organs,
77	77	chromosome patterns or an endocrine system that does not
78	78	conform to the traditional gender binary of male or female.
79	79	Sec. 5. “Transgender” means a person whose gender identity
80	80	or expression differs from the sex assigned to the person at birth.
81	81	Sec. 6. The Director shall, with the approval of the Board,
82	82	adopt regulations prescribing standards in each institution and
83	83	facility of the Department for the supervision, custody, care,
84	84	security, housing and medical and mental health treatment of
85	85	offenders who are transgender, gender non-conforming, gender
86	86	non-binary and intersex. The regulations must:
87	87	1. Apply the generally accepted standards of care and best
88	88	practices for the supervision, custody, care, security, housing and
89	89	medical and mental health treatment of offenders who are
90	90	transgender, gender non-conforming, gender non-binary and
91	91	intersex;
92	92	2. Use respectful language and currently accepted
93	93	terminology that accounts for and protects the rights of offenders
94	94	who are transgender, gender non-conforming, gender non-binary
95	95	and intersex; and
96	96	3. Prohibit the discrimination of offenders who are
97	97	transgender, gender non-conforming, gender non-binary and
98	98	intersex.
99	99	Sec. 7. NRS 209.011 is hereby amended to read as follows:
100	100	209.011 As used in this chapter, unless the context otherwise
101	101	requires, the terms defined in NRS 209.021 to 209.085, inclusive,
102	102	– 3 –
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104	104
105	105	- 82nd Session (2023)
106	106	and sections 2 to 5, inclusive, of this act have the meanings
107	107	ascribed to them in those sections.
108	108	Sec. 8. NRS 209.1315 is hereby amended to read as follows:
109	109	209.1315 The Director may continue to develop and
110	110	implement, in each institution and facility of the Department, a
111	111	program of facility training for the correctional staff. Such training
112	112	must include:
113	113	1. Training in evidence-based practices, including, without
114	114	limitation, principles of effective intervention, effective case
115	115	management and core correctional practices . [; and]
116	116	2. Courses on interacting with victims of domestic violence
117	117	and trauma and people with behavioral health needs and both
118	118	physical and intellectual disabilities.
119	119	3. Training in cultural competency for interacting with
120	120	offenders who are transgender, gender non-conforming, gender
121	121	non-binary and intersex.
122	122	Sec. 9. The Director of the Department of Corrections shall,
123	123	on or before January 1, 2024, adopt any regulations which are
124	124	required by or necessary to carry out the provisions of this act.
125	125	Sec. 10. This act becomes effective upon passage and
126	126	approval.
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