Damage To Prison and Jails

NRS 212.190 – Overview of Penalties Related to Someone Who Causes Damage to a Nevada Jail

According to NRS 212.190, if a prisoner intentionally damages any place of confinement, including a public jail, in any way, he’ll be guilty of a public offense of the same value as the resulting loss.

The County will give him a hearing in an Administrative Court. If they find him guilty, he’ll have to pay for the damages he caused and replace any property that he destroyed.

The crime will always carry with it a conviction of a gross misdemeanor or more. This could mean an extra 364 days in jail plus an additional $2,000 fine.

Overview of Administrative Courts

The Administrative Court is an independent specialized court of law that holds a fair and objective hearing for any person that has been or will be affected by the action of any Nevada State agency.

This court operates in the same basic manner as every other court but stands for the rights of the people rather than for the purpose of upholding the laws. They ensure the person’s right to appeal any action that is taken under another agency’s regulations.

Powers of an Administrative Court Judge

In order to be an administrative court judge, a candidate must meet the following requirements:

• Experience;

• Demonstrated ability;

• Passing rigorous tests; and

• Other basic qualifications of a judge.

Location of the Administrative Court

The Department of Corrections currently has five judges in the Administrative Court. They are posted in three different locations in the state: Las Vegas (3). Carson City/Reno (1), and Elko (1). They don’t practice at only these three locations, however. They travel statewide to hold hearings where necessary.

What Happens During a Hearing

Here are the basics:

• There may or may not be a crowd. The public is invited to join any Administrative Hearing.

• Your hearing will be recorded.

• All of the witnesses will be called up one at a time to testify under oath;

• Both you (or your lawyer), as the defendant, and the State’s attorney will have the chance to cross-examine each witness.

• If there is missing evidence, the judge may subpoena for it.

• If there are additional witnesses that didn’t appear, they may be subpoenaed.

• The judge will examine any physical evidence or pictures presented.

• You (or your attorney) may make settlement offers.

• The judge will review any appropriate Nevada statutes, regulations, and the relevant case laws.

• The judge may issue a ruling immediately, but he may need more time to study out the matter if the case is complex.

What If There is Disagreement with the Court’s Decision?

After your Administrative Hearing, the Administrative Law Judge will deliver his verdict. You’ll receive a copy of his decision with information on how to file an appeal. The appeal procedure and the documents needed will depend on the policies of the Department of Corrections. The appeal is done on an agency level.

If you still find the sentence unfair, you can appeal to the superior court of Nevada. However, you must “exhaust all the appellate remedies” the Department of Corrections makes available to you before applying to the superior court.

The reviewing court caring for the appeals process will consider and determine whether the Administrative Court’s decision was based on substantial evidence. The court reviewing your case may not accept any new evidence that you may have to present. However, if you do have new evidence that you can prove is not a repeat of evidence already submitted, and that you couldn’t reasonably provide at the Administrative Hearing, the reviewing court may find cause to have the Administrative Law Judge reconsider the case, weighing the new evidence.