Protection of Prisoners in Nevada

NRS 212.010 and 212.020  – Overview of the Statutory Provisions Concerning the Protection of Prisoners in Nevada

When someone is convicted of a crime in Nevada, they lose certain rights, but they do not lose their humanity. This is why the state legislature enacted NRS 212.010 and 212.020 establishing certain protections for prisoners. For example, NRS 212.010 states that “every person sentenced to imprisonment in any penal institution is under the protection of the law, and any unauthorized injury to his or her person shall be punished in the same manner as if he or she were not so convicted or sentenced.”

In addition, sub-section 2 of NRS 212.010 states that “a conviction of crime does not work a forfeiture of any property, real or personal, or of any right or interest therein unless otherwise specifically authorized by statute.”

Legal Duty to Treat Prisoners Humanely

According to NRS 212.020, a jailer or person who is guilty of willful inhumanity or oppression to any prisoner under the care or custody of the jailer or person shall be punished:

(a) Where the prisoner suffers substantial bodily harm from the inhumanity or oppression, for a category D felony as provided in NRS 193.130.

(b) Where no substantial bodily harm results, for a gross misdemeanor.

2. Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of willful inhumanity is guilty of malfeasance in office.

Other Responsibilities and Duties Vested with the Department of Corrections Over Prisoners

In addition to treating inmates humanely and ensuring they receive a sufficient level of protection during their incarceration, the Department of Corrections is responsible for the following when it comes to incarcerated individuals in Nevada:

• Present the prisoner for court hearings and proceedings as required.
• Ensure the safety of the prisoner during the time when the prisoner is in their custody.
• Ensure adherence to prison routine by the prisoner.
• Determine when a prisoner serving a term in the state prison is eligible for parole.
• Inform the State Board of Parole Commissioners of the fitness of the prisoner to be considered for parole.
• Put all data together and submit to the Board before the meeting with the prisoner for consideration of parole. The data is gathered to assist the Board in deciding whether to give parole or decline.

Powers and Duties of the Board in Serving Prisoners

Where the prisoners are not granted parole, they are given a hearing date by the Board according to NRS 213. 142. The board is mandated to issue the parolee with a code of conduct upon his or her release.

According to NRS 213.122, the release of sexual offenders on parole calls for the Division to closely supervise the prisoner’s conduct and behavior as directed by the Board.

When the Board finds a reasonable possibility that the parole is a threat to the public, according to subsection 1, “the board may decline to give the parole to the prisoner”.

The prisoner may also not be released on parole in case he or she is noted as a focus in a lawful request by another legal agency, requesting that the prisoner scheduled for parole be held or released for detainment by the legal agency.

The Board is mandated to immediately release the prisoner on parole when the prisoner’s program of activities while on parole is identified and established.

Consideration for Work Release as a Right of a Prisoner Under the Law

In the case where the prisoner is not granted parole, they are given a hearing date by the Board according to NRS 213. 142. The board is mandated to issue the parolee with a code of conduct upon his or her release. When the Board finds a reasonable possibility that the parolee is a threat to the public, according to subsection 1, the board may decline to give the parole to the prisoner. The Board, in this case, shall issue an official written statement to the prisoner on the reasons for declining to give the parole.

The Board could also schedule a hearing following NRS 213.142, except if otherwise provided by the law. The prisoner may also not be released on parole in case he or she is noted as a focus in a lawful request by another legal agency, requesting that the prisoner scheduled for parole be held or released for detainment by the legal agency.

The Board is mandated to immediately release the prisoner on parole when the prisoner’s program of activities while on parole is identified and established.

According to NRS 213.1215, if a prisoner has not been paroled, calculation of the one year before the ending of a prisoner’s term is to be done without putting into consideration any credits earned by the prisoner in the bid to reduce his or her prison sentence.