Prohibition on Furnishing Portable Telecommunications Device to a Nevada Prisoner

NRS 212.165 – Overview of the Prohibition on Furnishing Portable Telecommunications Device to a Nevada Prisoner

Prisoners in any jail, detention center, or correctional institution is prohibited from accessing any form of telecommunication device (a fancy term for cell phone). Prisoners are only afforded the option to contact non-prisoners through authorized channels of communication that are monitored and secured by law enforcement.

The specific statutory provision prohibiting access to cell phones can be found in NRS 212.165. This statute specifically states:

A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device.

Someone convicted of violating NRS 212.165 could be convicted of a category E felony.

Other Items Prohibited in Prisons

Weapons, inflammable, explosives, tattooing equipment, equipment that may aid an escape to a prisoner, drugs, and other dangerous items are some of the many items prohibited in all prisons. Alcohol, cameras and photographic devices, tobacco, and tobacco smoking accessories, as well as mobile phones, are also prohibited.

What Happens to a Prisoner who Violates Prohibition under Nevada Law?

A prisoner who violates prohibition and is in lawful custody or confinement for a charge, conviction or sentence is guilty and could be charged.

What Charges Can Be Filed Against a Prisoner for Violating the Prohibitions Set Forth in NRS 212.165? 

According to section 4 of NRS 212.165, a prisoner, who possesses or has in his or her custody or control a portable telecommunications device, violates the prohibition. He or she is charged with and found guilty of:

1. A category D felony, which is punished as provided in NRS 193.130.
2. A gross misdemeanor.
3. A misdemeanor.

What Sentence is Imposed on a Prisoner Possessing a Portable Telecommunications Device?

A sentence imposed upon a prisoner found guilty of possessing a portable telecommunication device is not subject to suspension. It neither allows for granting of probation by the Department of Corrections. A prisoner shall run the sentences one after the other; for which the prisoner was in lawful custody and for violation of the provisions of subsection 3 or 4 of NRS 212.165.

Can a Prisoner File a Petition After Sentencing under Nevada Law?

Yes. A prisoner has the opportunity of filing for a petition with the court of original jurisdiction. The petitioner can request the court to:

1. Modify his or her sentence imposed pursuant to subsection 4 to a sentence correspondent to the penalty executed for the original charge for which the person was imprisoned.
2. Resentence him or her following the penalties approved for the underlying charge for which the person was sentenced.

When Else Can a Prisoner File a Petition under Nevada Law?

If the original charge for which the person was in lawful custody is declined for prosecution or dismissed, a prisoner convicted and sentenced under subsection 4 may put in a petition. Through the petition, he or she could ask the court to:

1. Order his or her original sentence reduced to a misdemeanor under subsection 4 of NRS  165.
2. Resentence him or her in line with the punishments recommended for a misdemeanor.

Who Can Modify the Sentencing of a Prisoner under Nevada Law?

No person has such rights, to modify a sentence, grant or deny a petition to a prisoner other than the court of original jurisdiction.