Offenses Relating to Prisons and Prisoners

NRS Chapter 212 – Overview of the Offenses Relating to Prisons and Prisoners

The Nevada legislature recognized the concern associated with prisoner safety and prisoner abuse through Chapter 212 of the Nevada Revised Statutes. This Chapter recognizes that prisoners who are serving time in a Nevada correctional institution remains under the protection of the law.

Treatment of Prisoners

Nevada sees inhumanity to prisoners as a horrible offense. Harming a prisoner leads to a gross misdemeanor. If he or she is substantially harmed, the courts will charge the jailor or public officer with a category D felony (see the above chart).

According to NRS 212.020, an officer who intentionally harms a prisoner is guilty of malfeasance in office, forfeiting his or her office and disqualifying himself from ever being able to hold public office in Nevada.

Escaped Prisoners

Warrants for escaped prisoners command any sheriff in Nevada to be on the lookout for the escaped prisoner and return him to the issuing officer.

Rewards

The Governor, board of county commissioners, or governing body of the city, or other local governments have the authority to offer a reward of up to $5,000 for the capture of a prisoner who is sentenced to prison or jail, convicted of a crime punishable by death, or convicted of murder.

Recaptured Prisoners

Recaptured prisoners will continue their sentence from where they left off on the day they escaped.

Punishment for Escape or Attempted Escape by a Prisoner

• If a Dangerous Weapon Was Used, Hostages Taken, or Bodily Harm Resulted to Anyone – the prisoner will be charged with a category B felony without eligibility for probation or suspension
• If None of the Above Were Committed – the prisoner will be charged with a category B felony and sentenced for one to ten years.
• If a Dangerous Weapon Was Used – the prisoner will be charged with a category B felony and sentenced for one to six years.
• If No Dangerous Weapon Was Used –the prisoner will be charged with a gross misdemeanor.

Penalties For Individuals Aiding in Escape

A person attempting to aid in the escape of a prisoner in any way, whether the prisoner tries to escape or not, will be sentenced. If a prisoner is serving time for a felony, the person could be charged with a category B felony, sentenced to prison for one to ten years, and possibly fined.

If the prisoner is serving time for a misdemeanor conviction, or gross misdemeanor, the person providing aid could be charged as follows:

• If a Dangerous Weapon Was Used – charged with a category B felony, sentenced to prison for one to six years, and possibly fined.
• If No Dangerous Weapon Was Used – charged with a gross misdemeanor.

Concealing an Escaped Prisoner

If a person hides an escaped prisoner, they’ll be charged with whatever offense the escaped prisoner was charged with: category C felony for a felony, misdemeanor for a misdemeanor, etc.

Conduct Not Allowed By or With Prisoners

If a person communicates with a prisoner without permission or authorization from the correctional institution, the court will charge any person who brings anything to any prisoner without permission with a misdemeanor. The courts will charge any person communicating with a prisoner in jail convicted of a felony with a gross misdemeanor unless they have:

• Direct permission from the sheriff;
• From the Department of Corrections Director; or,
• A signed letter from the prisoner’s attorney or district attorney.

Possessing a Weapon or Liquor

The person giving a prisoner a deadly weapon or a fake or real explosive or gun or leaving any where they can get their hands on them will be charged with a category B felony, sentenced to one to six years in prison, and may be fined.

If the person gives a prisoner any intoxicating liquor or controlled substance, the courts will charge that person with a gross misdemeanor.

Prisoners who are found with a controlled substance in their possession will be charged with a category D felony.

Possessing a Phone of Other Telecommunications Device

A person who furnishes a prisoner with a telecommunications device will be sentenced with a category E felony.

A prisoner found with a portable telecommunications device will be charged with:

• A category D felony if they’re serving for a felony;
• A gross misdemeanor if they’re serving for a gross misdemeanor; and,
• A misdemeanor if they’re serving for a misdemeanor.

Providing Intoxicating Beverages

The courts will sentence anyone providing a prisoner with an intoxicating beverage with a gross misdemeanor.

It’s illegal to sell alcoholic beverages within a half-mile of any institution, jail, prison, or another facility under the jurisdiction of the Department of Corrections.

Sexual Acts

The courts will sentence any person who sexually engages an incarcerated prisoner with a category D felony. Sexual abuse is a Category D felony.

Bodily Fluids

Excreting or stockpiling bodily fluids, especially if any of it is likely to come in contact with anyone is punishable:

• First Offense – charged with a gross misdemeanor
• Second and Subsequent Offences – charged with a category D felony
• If the prisoner was aware that the bodily fluid had an infectious disease – charged with a category A felony – In this case, it does not include the death sentence.