Assembly Bill No. 389--Committee on Ways and Means (Requested by Assemblyman Hettrick) CHAPTER........ AN ACT relating to the department of prisons; authorizing the director of the department to charge an offender for certain additional costs; authorizing the transfer of money from the offenders' store fund to pay certain unpaid costs assessed to an offender; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 209.221 is hereby amended to read as follows: 209.221 1. The offenders' store fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the offenders' store fund. 2. The director shall: (a) Keep, or cause to be kept, a full and accurate account of the fund; (b) Submit reports to the board relative to money in the fund as may be required from time to time; and (c) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected. 3. Except as otherwise provided in [subsection 4,] \subsections 4 and 5,\\ money in the offenders' store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders. 4. If necessary to cover a shortfall of money in the prisoners' personal property fund, the director may, after obtaining the approval of the interim finance committee, authorize the state controller to transfer money from the offenders' store fund to the prisoners' personal property fund, and the state controller shall make the transfer. \5. If an offender has insufficient money in his individual account in the prisoners' personal property fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the director shall authorize the state controller to transfer sufficient money from the offenders' store fund to the appropriate account in the state general fund to pay costs remaining unpaid, and the state controller shall make the transfer. Any money so transferred must be accounted for separately. The director shall cause the offenders' store fund to be reimbursed from the offender's individual account in the prisoners' personal property fund, as money becomes available.\\ Sec. 2. NRS 209.225 is hereby amended to read as follows: 209.225 \1. \\The director shall deposit the offenders' store fund with the state treasurer for investment. The interest and income earned upon the fund, after deducting any applicable charges, must be credited to the fund and may only be disbursed as authorized by the legislature. \2. The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the offenders' store fund. The provisions of this chapter do not establish a basis for any cause of action against the state or against officers or employees of the state to claim ownership of any interest or income that accrues on the money in the offenders' store fund.\\ Sec. 3. NRS 209.246 is hereby amended to read as follows: 209.246 The director shall, with the approval of the board, establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to: 1. Repay the cost of: (a) State property willfully damaged \,\\ [or] destroyed \or lost\\ by the offender during his incarceration. (b) Medical \examination, diagnosis or \\treatment for injuries [inflicted] \: (1) Inflicted \\by the offender upon himself or [others.] \other offenders; or (2) Which occur during voluntary recreational activities.\\ (c) Searching for and apprehending the offender when he escapes or attempts to escape. (d) Quelling any riot or other disturbance in which the offender is unlawfully involved. \(e) Providing a funeral for an offender. (f) Providing an offender with clothing, transportation and money upon his release from prison pursuant to NRS 209.511. (g) Transportation of an offender pursuant to a court order in cases other than a criminal prosecution, a proceeding for post-conviction relief involving the offender or a proceeding in which the offender has challenged the conditions of his confinement. (h) Monetary sanctions imposed under the code of penal discipline adopted by the department.\\ 2. Defray \, as determined by the director, a portion of\\ the costs paid by the department for medical care for the offender [.] \, including, but not limited to: (a) Except as otherwise provided in paragraph (b) of subsection 1, expenses for medical or dental care, prosthetic devices and pharmaceutical items; and (b) Expenses for prescribed medicine and supplies.\\ 3. Repay the costs incurred by the department on behalf of the offender for [postage, paper, photocopying and the replacement of identification cards.] \: (a) Postage for personal items and items related to litigation; (b) Photocopying of personal documents and legal documents; (c) Legal supplies; (d) Telephone calls charged to the department; (e) Charges relating to checks returned for insufficient funds and checks for which an order to stop payment has been made; (f) Items related to the offender's work, including, but not limited to, clothing, shoes, boots, tools, a driver's license or identification card issued by the department of motor vehicles and public safety, a work card issued by a law enforcement agency and a health card; and (g) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the department. All money collected pursuant to this section must be deposited in the appropriate account in the state general fund for reimbursement of the related expenditure.\\ Sec. 4. NRS 209.511 is hereby amended to read as follows: 209.511 1. When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the director: (a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offender's economic need as determined by the director. (b) Shall give him notice of the provisions of NRS 202.360 and 207.080 to 207.150, inclusive. (c) Shall require him to sign an acknowledgment of the notice required in paragraph (b). (d) May provide him with clothing suitable for reentering society. (e) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction. (f) Shall require him to submit to at least one test for exposure to the human immunodeficiency virus. 2. The costs authorized in paragraphs (a), (d), (e) and (f) of subsection 1 must be paid out of the appropriate account within the state general fund for the use of the department as other claims against the state are paid [.] \to the extent that the costs have not been paid in accordance with NRS 209.246 and subsection 5 of NRS 209.221.\\ Sec. 5. On or before August 15, 1995, the director of the department of prisons shall, with the approval of the board of state prison commissioners, adopt all administrative regulations and procedures necessary to carry out the amendatory provisions of this act. Sec. 6. This act becomes effective: 1. Upon passage and approval, for all purposes related to the adoption of administrative regulations and procedures which are made necessary by the amendatory provisions of this act; and 2. On August 15, 1995, for all other purposes. -30-