NRS 211.242 – Investigating the Financial Status of a Prisoner Prior to Seeking Reimbursement

NRS 211.242 - Investigating the Financial Status of a Prisoner Prior to Seeking ReimbursementWhen the county or city incurs expenses associated with treating or servicing an inmate in Nevada, the local government entity has the statutory right to seek reimbursement for those expenses. According to NRS 211.2415, a board of county commissioners or the governing body of an incorporated city has the right to seek reimbursement from a nonindigent (i.e. not dirt poor) prisoner for expenses incurred by the county or city for:

(a) The maintenance and support of the prisoner in a county or city jail or detention facility to which the prisoner has been assigned, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed; or

(b) The administration of an alternative program to which the prisoner has been assigned, including, without limitation, the costs of supervising the prisoner in the program.

The amount of reimbursement sought by a county or city, as described above, cannot exceed the actual cost per day for the maintenance and support of the prisoner and may include, without limitation, the costs of providing heating, air-conditioning, food, clothing, bedding and medical care to a prisoner.

However, before reimbursement can be pursued, there is a statutory obligation to confirm the prisoner’s financial status.

Why is the Prisoner Financial Status Investigated under Nevada Law?

According to NRS 211.242, before the county commissioner’s board or the governing body of an integrated city may ask for repayment from the convict, the Board must first do an investigation about the financial status of the convict to determine whether he or she qualifies to reimburse. The prisoner is asked to pay for expenses acquired while serving their sentence at the city or county jail. In some instances, the board may also include expenses incurred during the pretrial detention.

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Why a Prisoner is Required to Complete a Form to be Used During an Investigation Process

According to NRS 211.242, the Board requires the prisoner under penalty of perjury to complete and sign a form that will indicate whether they have the financial resources to actually cover the cost of reimbursement. Some of the areas the prisoner is supposed to complete contain these provisions.

  • The age of the convict, their sex, and marital status.
  • Also required is to indicate the number of children, their age, and if the prisoner has any people depending on him/her.
  • If the client has real estate, it has to be indicated the type and the value. Others include personal property, pensions, investments, bank accounts, annuities, cash and any other property the prisoner may be having.

What Happens to a Prisoner Who Fails to Cooperate During the Investigation into the Reimbursement Process?

According to NRS 211.246, a prisoner who is serving a sentence in a city or county prison or under an alternative program is expected to cooperate with Nevada Board by honoring and complying with the reimbursement procedures set forth in NRS 211.241 through NRS 211.249. However, if a prisoner fails to cooperate with the Board requirements pursuant of NRS 211.242, that prisoner will not be given a reduction or credit on their sentence under any provision of this chapter in Nevada.

What Happens to Reimbursements given By the Prisoner under Nevada Law?

According to NRS 211.248, the reimbursements got from prisoners can pay for expenses incurred; it is given to the Board and then credited to the general fund of the city or county. Here is the specific statute:

Reimbursements secured or otherwise obtained by a board of county commissioners or the governing body of an incorporated city pursuant to the provisions of NRS 211.241 to 211.249, inclusive, must be credited to the general fund of the county or city. If:

  1. In accordance with a contractual agreement, the county or city was paid by another governmental entity for expenses related to maintaining and supporting a prisoner; and
  2. The prisoner reimburses the county or city for those expenses pursuant to NRS 211.241 to 211.249, inclusive,

The county or city shall reimburse the governmental entity for its payment to the extent of the amount received from the prisoner.

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What is the Alternative Program under Nevada Law?

According to NRS 211.2411, just as the name suggests, a prisoner may be given an alternative program apart from serving his/her sentence detained physically. The program is designed to help prisoners so they can better their lives and make good life choices in the future and not resort to crime. The programs could be.

  • Prisoners are taken for rehabilitation
  • Prisoners participating in community service in Nevada
  • Prisoners attending educational classes

Note: All prisoners that qualify for education classes and rehabilitation are later required to reimburse the expenses incurred. However, for community service, no charges are asked, since no expenses are incurred. Prisoners coming from a poor background and are unable to afford to reimburse for services given, they still qualify for the alternative program.

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