There are an array of different correctional facilities based in Nevada. There are federal prisons, state prisons, local jails, etc. The Nevada legislature passed a series of statutes concerning the management and oversight of local detention facilities. These statutes can be found in NRS 211.350 through 211.390.
At times, prisoners are confined to jail on an intermittent basis. This intermittent confinement maybe how the sentence was set to be carried out, or it may be a condition of probation. Typically, the prisoner serves his days in the county or city jail – whichever applies, on the days that he is not working.
Because it’s necessary to keep the jails maintained, there must be a fee for the use of housing, food, etc. Any prisoner whose application to serve their sentence intermittently is approved will pay a daily fee of $25. He will only be charged this fee for the days he serves in the jail.
The court will determine whether the prisoner will pay the fee on a weekly or monthly basis. If he fails to pay on time, the governing body of the city or the county of commissioners can take him to court to get a judgment against him for the amount he owes.
If his ability to pay the fee has changed at all during that time, he can bring that before the court while he’s awaiting judgment. There’s a chance that the amount due may be modified or dismissed.
Prisoners may have access to a commissary (jail store) established by the chief of police or sheriff. Here, they would have the ability to purchase different things, such as drinks, food, toiletries, and more. They may also be required to work in the store.
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A designee of the chief of police or sheriff, or the chief of police or sheriff himself, must keep records of each transaction at the commissary. The governing body of the city or the board of county commissioners may inspect these records upon request. These proceeds must stay separate from any other jail records because the profits go directly to benefit the prisoners in that jail.
When a chief of police, sheriff, or town marshal arrests someone for whom a judge, Justice of the Supreme Court, or Justice of the Peace has issued a warrant for arrest that’s still outstanding, he’ll need to notify the proper law enforcement agency immediately.
If the county or city that took the offender into custody has no criminal charges pending against him and no warrants outstanding, the law enforcement agency with the warrant pending must take custody of the offender within seventy-two hours.
If the county or city that took the offender into custody has criminal charges pending against him or warrants outstanding from that county or city, the county or city must still notify the appropriate law enforcement agency of their having taken custody of the prisoner. However, the agency will have to wait until the criminal charge committed in that city or county is resolved. The chief of police, sheriff, or town marshal will let the law enforcement agency with the warrant out when the sentence has been carried out. The law enforcement agency will then have seventy-two hours to take custody of their prisoner.
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If the chief of police, sheriff, or town marshal notify the appropriate law enforcement agency of having taken the offender into custody that they have a warrant out on for a misdemeanor offense and the law enforcement agency sends a certified letter, they have up to seven days to pick up their prisoner for transfer. However, the law enforcement agency will be responsible for paying for the time the prisoner was there above the first seventy-two hours.
If the law enforcement agency doesn’t come within those seven days with a certified letter or seventy-two hours without, if the warrant was only for a misdemeanor, and if no other warrants are outstanding or criminal charges pending, the chief of police, sheriff, or town marshal can release the prisoner.
At the time each prison is arrested or transferred into the jail, the county sheriff can take the prisoner’s money and valuables and put them in a trust fund in a credit union, bank, or savings and loan association. The prisoners can also make deposits into their trust fund and withdraw money from it. Money withdrawn can be used at the jail store.
A full account will be kept with reports being submitted to the board of county commissioners as they are required. The accuracy of these records is critical, because, as each prisoner is released, he will receive his valuables and the remaining balance of his account (minus the money he spent at the commissary plus interest and income).
If a prisoner willfully damages or destroys county property during his sentence, he’ll be given reasonable notice of the misconduct he was said to have committed. He’ll get an administrative hearing concerning that misconduct. If he’s found guilty, he’ll have to repay the cost of that property.
The criteria for determining a reasonable deduction will be set up by regulation long before any offense is committed. This will cut out on the guesswork.
If you were charged with a misdemeanor, your mind is probably going 100 miles per hour. Do not fret. Contact a lawyer and let them assist you during this difficult time and be your advocate. LV Criminal Defense is here to help.