Overview of the Laws Related to Nevada County Jails

NRS 211.010 to 211.080 – Overview of the Laws Related to Nevada County Jails

In Nevada, counties are responsible for maintaining their respective jails. However, there are times that counties decide to work together to create a larger jail that is mutually managed between the two or more counties. This collaboration may be due to a small population, a lack of funds, or geography. It is also worth noting that, pursuant to NRS 211.010, at least one county jail must be built or provided in each county, and maintained in good repair at the expense of the county.

County Commissioner

On top of choosing the site and building the jail, every three months, each County Commissioner has the duty of inspecting the jails. He’s to make sure the sheriff is keeping up with his commitment to keeping the jail maintained, prisoners cared for properly, and the facility secure. He must take any precautions he finds necessary to prevent escape, infection, or sickness. The county will pay for the erection, staffing, and maintenance of the jail.

Sheriff

The Sheriff is the head of the jail – the custodian. He cares for:

1. The jail;
2. The prisoners; and
3. The deputies.

Being responsible for the deputies, he also becomes responsible for their actions.

Jailors

Jailors are to be paid fairly and accurately.

Transfers

The Department of Corrections will transfer prisoners to:

• The appropriate facility or institution — The Department of Corrections pay to have a prisoner transported to the state institution or state facility where he or she will serve their sentence;
• Another state temporarily – A prisoner may need transportation to another state to work on a forestry project or if a natural disaster, such as a fire, in a bordering state is threatening a specific part of Nevada;
• Another facility, prison, agency, or country;
• An institute in another state – This is only possible if the new state institute agrees not to shorten the prisoner’s sentence;
• Of minors to a juvenile state facility – It must be a state facility designated for children, and the facility superintendent must agree to the transfer;
• Of a person for safekeeping – The may be transported by the Chief of Police that put in the request for the transfer, the county sheriff’s staff, or a staff member of the Department of Corrections;
• Psychiatric care – When transferred for psychiatric care, it will be to another government agency that offers and deals with psychiatric observation, evaluation, and care; or
• Medical facilities – This refers to transportation to medical facilities outside of the prison. Proper measures are taken to prevent the prisoner’s escape.

Before any transfers, the sheriff must make sure the prisoners are adequately cared for by giving the Department of Corrections a thorough written report on each prisoner. It must include every bit of information entailed in NRS 211.040, which includes:

• Medical history
• Psychiatric history
• Behavioral history
• Criminal history
• Medication list
• Medical treatment received while in jail.

The sheriff can compile this report based on his observations and the reports he has personally received.

The County will provide transportation to transfer prisoners to the place of imprisonment within the county that the sentence requires. They will transport them as soon as possible via the sheriff or his deputies at the cost of the County Commissioner.

Prisoner Allowance Rights

For every time a sheriff or jailer cheats an offender out of his allowance or fails to allow a reasonable accommodation, the board of county commissioners will fine that sheriff or jailor $50!

US Prisoners Housed in Jails

United States Prisoners can also be jailed in the county jails if a contract is so drawn up between the United States and the sheriff of that county. There are also other things that this is reliant upon:

1. The United States must pay any direct costs of the prisoner’s support.
2. The United States must pay their assigned share of maintaining the jail and of the paying of the corrections officers’ salaries.
3. They must pay any other necessary cost of the prisoner’s imprisonment.

The United States prisoners will be treated the same way as the rest of those in the county jail. They will be subjected to the same employment as the county prisoners, have the same discipline measures enforced over them, and receive the same treatment.

If the prisoner escapes, however, the responsibility will not fall on the sheriff.

Prisoner Removal to Another Jail

If a prisoner gives the sheriff sufficient reason, the sheriff may transfer the prisoner to a jail in a different county. This process must be agreed upon by both sheriffs. The prisoner’s sentence would continue the same as if he had remained in the first county jail.

The county the prisoner is transferred from will still be responsible for paying the prisoner’s expenses.