Offenders’ Store Fund

Offenders’ Store Fund

The Nevada Legislature describes the Offenders’ Store Fund as a special revenue fund funded by programs at inmate facilities such as Inmate Commissary, visitation area vending machines, inmate phone calls, and inmate packages.  The account funds inmate facility costs and the profits from Offenders’ Store Fund operations may be transferred to the Inmate Welfare Account for the welfare and benefit of all inmates and costs on behalf of indigent inmates.

Costs transferred for the benefit of or because of costs incurred by an inmate from the Offenders’ Store Fund may be reimbursed from the inmate’s personal account on file with the facility.

The specific statutory authority for the Offenders’ Store Fund is in Nev. Rev. Stat. § 209.221, which provides the following:

• The Offenders’ Store Fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the Offenders’ Store Fund.
• The Director shall:
  • Keep, or cause to be kept, a full and accurate account of the Fund;
  • Submit reports to the Board relative to money in the Fund as may be required from time to time; and
  • Submit a monthly report to the offenders of the amount of money in the Fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.
• Except as otherwise provided in subsections 4 to 10, inclusive, money in the Offenders’ Store Fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.
• If necessary to cover a shortfall of money in the Prisoners’ Personal Property Fund, the Director may, after obtaining the approval of the Interim Finance Committee, authorize the State Controller to transfer money from the Offenders’ Store Fund to the Prisoners’ Personal Property Fund, and the State Controller shall make the transfer.
• If an offender has insufficient money in his or her individual account in the Prisoners’ Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the Director shall authorize the State Controller to transfer sufficient money from the Offenders’ Store Fund to the appropriate account in the State General Fund to pay costs remaining unpaid, and the State Controller shall make the transfer. Any money so transferred must be accounted for separately. The Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

• If the Department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the Director may authorize the State Controller to transfer money from the Offenders’ Store Fund to the appropriate account in the State General Fund to repay or defray those costs if:
  • The Director has reason to believe that an offender caused the damage, destruction, loss or injury; and
  • The identity of the offender is unknown or cannot be determined by the Director with reasonable certainty.

The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

• The Director may, with approval of the Board, establish by regulation criteria for a reasonable deduction from money credited to the Offenders’ Store Fund to repay or defray the costs relating to the operation and maintenance of the offenders’ store, coffee shop, gymnasium and correctional officers’ salaries for visitation posts where they exist in each facility. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.
• The Director may, with approval of the Board, establish by regulation a charge on the purchase of electronic devices by offenders to defray the costs relating to the operation of the devices. The Director shall utilize the proceeds collected from the charge established for operation of the devices to offset the energy costs of the facilities within the Department. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.
• The Director may, with approval of the Board, establish by regulation a charge on the use by offenders of videoconferencing equipment for conducting visits to defray the costs relating to the operation and maintenance of the equipment. The Director shall utilize the proceeds collected from the charge established for the operation and maintenance of the equipment to offset the costs of operating and maintaining the videoconferencing equipment and correctional officers’ salaries for posts for conducting visits by videoconference where the posts exist in each facility.
• If an offender who has been assigned to a center for the purpose of making restitution is returned to an institution for committing an infraction of the regulations of the Department and the center has not been fully compensated for the cost of providing the offender with housing, transportation, meals, or medical or dental services at the center, the Director may authorize the State Controller to transfer money from the Offenders’ Store Fund to the appropriate account in the State General Fund to repay or defray those costs. The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. The Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.
• If an offender has insufficient money in his or her individual account in the Prisoners’ Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under penalty of perjury concerning his or her financial situation. Such a statement must include, but is not limited to, the following information:
  • The value of any interest the offender has in real estate;
  • The value of the personal property of the offender;
  • The assets in any bank account of the offender; and
  • The employment status of the offender.
• The statement required by subsection 11 must also authorize the Department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this section, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.
• An offender who conceals assets from the Department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.
• A person who aids or encourages an offender to conceal assets from the Department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

DEFINITIONS

Nev. Rev. Stat. § 209.011 provides that the following terms, unless the context requires otherwise, have the meanings given to them as used in Chapter 209.

• “Custody” is the level of security restrictions imposed on an offender by a classification committee. (Nev. Rev. Stat. § 209.041)
• “Facility” is a community correctional center, conservation camp, facility of minimum security or other place of confinement other than an institution, operated by the Department for the custody, care, or training of offenders. (Nev. Rev. Stat. § 209.065)
• “Institution” is a prison designed to house 125 or more offenders within a secure perimeter. (Nev. Rev. Stat. § 209.071)
• “Warden” is the administrative officer in charge of an institution. (Nev. Rev. Stat. § 209.865)