Transfer of Offenders

NRS 209.291 – Overview of the Policies Related to the Transfer of Offenders

NRS 202.291 sets forth the standards for the transportation by the Director of offenders between facilities or institutions within the Department or to other governmental agencies.  The provision also allows for the transfer of offenders by the Director, with consent from the governor, from the United States to a foreign country if there is a treaty in place allowing for such transfer per the terms of the treaty.

The exact statutory language of Nev. Rev. Stat. § 209.291 is as follows:

1. The Director may transfer an offender:

(a) From on institution or facility to another within the Department; or

(b) To other governmental agencies,

in accordance with classification evaluations and the requirements of treatment, training, security and custody of the offender.

2. The prison sentence of an offender continues uninterrupted while the offender is at the correctional facility to which the offender has been transferred.
3. Whenever a treaty is in force providing for the transfer of offenders between the United States and a foreign country, the Director may, with the consent of the Governor, approve a transfer as provided in the treaty upon the application of the offender to the Director.

Transfer of Offender to a Correctional Institution in Another State

An offender may be transferred to a correctional institution in another state, under Nev. Rev. Stat. § 209.293, if the offender has been sentenced in the other state to serve a term of imprisonment which is concurrent with and at least as long as the term which the offender would otherwise serve in Nevada.

The exact statutory language of Nev. Rev. Stat. § 209.293 can be found under Chapter 209 of the Nevada Revised Statutes, here.

Transfer of persons detained in local facility to institution or facility of Department for safekeeping

Nev. Rev. Stat. § 209.311 governs the transfer of detainees in local facilities to a Department institution or facility for safekeeping.  The provision provides that a county sheriff or the chief of police of a city may request the Director to authorize a transfer of a person detained in a local facility to a Department institution or facility for safekeeping.

The Director is to determine whether the person is to be transported by Department staff or the staff of the county sheriff or the chief of police who requested the transfer.  The cost of the custody and care of a person under this provision is to be determined by the Director, and may be paid by the local government affected.

The exact statutory text of Nev. Rev. Stat. § 209.311 can be found under Chapter 209 of the Nevada Revised Statutes, here.

Transfer of Offender for Psychiatric Observation or Treatment

An offender who is incarcerated in a Nevada institution may also be transferred to receive psychiatric observation or treatment.  This is governed by Nev. Stat. § 209.321, which provides that the Director may arrange a transfer of an offender to other appropriate governmental agencies for psychiatric observation, evaluation or stabilization pursuant to an agreement with the agency for such transfers.

When the head of the facility to which the offender has been transferred determines that the offender has recovered from the condition which caused the transfer, the Director shall provide for the return of the offender to the Department.

The exact statutory text of Nev. Rev. Stat. § 209.321 can be found under Chapter 209 of the Nevada Revised Statutes, here.