NRS 209.261 to 209.331 – Overview of the Laws Related to Prisoner Transportation in Nevada

The transport of prisoners from Point A to Point B is extremely important since an accident or mishap carries significant consequences. This is why the Nevada legislature enacted statutes governing how prisoners should be transported. Law enforcement is responsible for transporting prisoners in the following instances:

  1. To the appropriate facility or institution;
  2. To a court appearance;
  3. To small claims court;
  4. Interstate temporarily;
  5. To another facility, prison, agency, or country;
  6. To an institution in another state;
  7. to a Juvenile State Facility (if the prisoner is a minor);
  8. Of a person for safekeeping;
  9. To psychiatric care; or
  10. To medical facilities.

Transportation to the Appropriate Facility or Institution

When a prisoner has to be transported to the appropriate facility or institution – whether it be to the state prison, juvenile facility, or a private institution or facility or even to the courthouse for a hearing, those transporting the prisoners have specific standards and precautions they must adhere to. There are also other considerations.

The Department of Corrections will cover the expense of the transportation of a prisoner to the institution or facility where he or she will be housed. The county he was convicted in will cover any other transportation other than that listed below.

Transportation to a Court Appearance

The Department of Correction will transport you to and from the court for your court appearance as long as they have been notified at least seven days in advance.

If the Department cannot transport you:

  1. You will be able to make your “appearance” by telephone or video (if the court still requests their testimony);
  2. The Department will arrange for special transportation to be provided, in which case the County will have to pay for the transportation (if the court orders your appearance); or
  3. The county sheriff may need to transport you to your court appearance and back again, in which case the County will have to pay for the transportation (if the court orders your presence).

Transportation to Small Claims Court

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If you file a claim in Small Claims Court, which necessitates a court appearance, neither the Department nor the County will be responsible for the expense of the transportation. You will have to pay the Department of Corrections in advance for any expense that may be incurred. The Department will reimburse you for anything over and above the actual cost of the trip.

Transportation to Civil Court

If you file an action against another offender because your civil rights were violated, you will have to reimburse the Department of Corrections for any expense the Department incurs in arranging and providing transportation for you.

Transportation to Another State Temporarily

Sometimes, it may become necessary for you to be transported through or to another state temporarily. This may happen if:

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  1. You’ll be working out of state on a forestry project; or
  2. Fire or another natural disaster is threatening a specific part of Nevada and that threat is coming directly from a bordering state.

Transportation to Another Facility, Prison, Agency, or Country

If you’re transferred, and thus transported, to another facility, prison, agency, or to a foreign country with which America has a treaty, the transfer won’t interrupt your sentence.

The Director must have the consent of the Governor to transfer any prisoner to a foreign country.

Transportation to an Institute in Another State

Any prisoner can be transferred to an out of state correctional institution as long as the prisoner’s sentence will continue and not be shortened in any way.

Transportation of Minors to a Juvenile State Facility

The Department of Corrections has the right to transfer any minor from their current institution or facility to a state facility designated for the detention of children. However, the superintendent of the facility must agree to the transfer.

Transportation of a Person for Safekeeping

A person may be transported to an institution or Department facility for safekeeping. In such a case, the Director can transport them in any of the three following ways—through:

  1. The Department of Corrections staff;
  2. The county sheriff or his staff; or
  3. The Chief of Police requesting the transfer.

The county or city that took the person into safekeeping will pay the cost of the care and custody of the person in safekeeping.

Transportation to Psychiatric Care

You can be transferred to an appropriate government facility or agency for psychiatric observation or necessary treatment.

Transportation to Medical Facilities

If you become ill or get hurt and the Director believes you must be evaluated or treated by a doctor outside the facility or institution, the Department will take necessary precautions when taking this step. Any medical decisions are left up to the Director and Director’s Designee.

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If you were arrested in Las Vegas for a criminal offense, it is strongly recommended that you retain the services of an experienced and qualified Las Vegas criminal defense attorney. Contact LV Criminal Defense at (702) 623-6362 to request a free consultation.