Release for work or education

NRS 211.210 – Overview of Nevada’s Programs of Release for Work or Education

NRS 211.220 thru 211.230 govern the release of a prisoner for work or education.  These provisions allow a prisoner to participate in programs for release pursuant to NRS 211.120.  Under such provision, all necessary arrangements are to be made to utilize the labor of prisoners committed to any jails within the county, city, or town within Nevada.  The jail may establish programs for prisoners to be release from jail for work or education provided that:

(a) Provide for thorough screening of prisoners for inclusion in the program;

(b) Be limited to prisoners who have been sentenced; and

(c) Require that each prisoner who participates in the program reimburse the county, city or town in whole or in part, according to the prisoner’s ability to pay, for his or her room and board during the time the prisoner participates in the program.

The exact statutory text of NRS 211.120 can be found under Chapter 211 of the Nevada Revised Statutes, here.

Release for work or education: Application by prisoner; authority of administrator of program

NRS 211.210 governs the application of a prisoner to participate in a program of release for work or education, as well as the authority of the program administrator.

This provision provides that a prisoner sentenced to the county, city, or town jail may apply to participate in a program for release pursuant to NRS 211.210, discussed above.  The program administrator shall evaluate the suitability of each applicant for work or education.

If the prisoner is found to be suitable, the administrator may, unless the sentencing court has ordered otherwise:

(a) Arrange for the prisoner to continue his or her regular employment under specified conditions, or authorize the prisoner to seek employment or participate in a program of placement for work; or

(b) Permit the prisoner to continue his or her regular education or to secure further education.

The exact statutory text of NRS 211.210 can be found under Nevada Revised Statutes Chapter 211, here.

Activities Which May Be Included; Condition of Employment

NRS 211.220 governs which activities may be included in a work or education release program and the conditions of such employment.  The provision provides that employment may include care of the prisoner’s own children during the day and education may include alcohol or drug abuse counseling, psychological counseling and vocational training.

If the employment or a part of the education is for payment, the wage must be the same as the prevailing wage for similar work in the community, and the conditions no less favorable.  Employment or paid work as a part of education must not be performed in the establishment where a labor dispute is in progress, if the employment or paid work as education would provide temporary or permanent replacements for other employees engaged in a labor dispute.

The exact statutory text of NRS 211.220 can be found under Chapter 211 of the Nevada Revised Statutes, available here.

Temporary Release for Other Purposes

NRS 211.230 governs other purposes for which a prisoner may be temporarily released.  The provision provides that the administrator of the program may release a prisoner from the facility:

1.  If the prisoner is injured during work or education, for medical treatment at the prisoner’s own expense or at the expense of the employer or industrial insurance. Release pursuant to this subsection is not an assumption of liability by the county for the treatment.

2.  For no more than 72 hours:

(a) For other medical, dental or psychiatric care;

(b) For a personal or family emergency if severe hardship would otherwise result; or

(c) For any other activity which the administrator considers may promote the prisoner’s successful return to the community, including attempts to secure housing, employment or education.