NRS 209.385
Testing offenders for exposure to human immunodeficiency virus

  • disclosure of name of offender whose tests are positive
  • segregation of offender
  • duties of Director.

1.

Each offender committed to the custody of the Department for imprisonment shall submit to such initial tests as the Director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the State Board of Health. At the time the offender is committed to custody and after an incident involving the offender:

(a)

The appropriate approved tests must be administered; and

(b)

The offender must receive counseling regarding the virus.

2.

If the results of an initial test are positive, the offender shall submit to such supplemental tests as the Medical Director determines appropriate. Each such test must be approved for the purpose by regulation of the State Board of Health.

3.

If the results of a supplemental test are positive, the name of the offender may be disclosed to:

(a)

The Director;

(b)

The administrative officers of the Department who are responsible for the classification and medical treatment of offenders;

(c)

The manager or warden of the facility or institution at which the offender is confined; and

(d)

Any other employee of the Department whose normal duties involve the employee with the offender or require the employee to come into contact with the blood or bodily fluids of the offender.

4.

The offender must be segregated from every other offender whose test results are negative if:

(a)

The results of a supplemental test are positive; and

(b)

The offender engages in behavior that increases the risk of transmitting the virus as determined by regulation of the Department.

5.

The Director, with the approval of the Board:

(a)

Shall establish for inmates and employees of the Department an educational program regarding the virus whose curriculum is provided by the Division of Public and Behavioral Health of the Department of Health and Human Services. A person who provides instruction for this program must be certified to do so by the Division.

(b)

May adopt such regulations as are necessary to carry out the provisions of this section.

6.

As used in this section, “incident” means an occurrence, of a kind specified by regulation of the State Board of Health or the Department, that entails a significant risk of exposure to the human immunodeficiency virus.

Source: Section 209.385 — Testing offenders for exposure to human immunodeficiency virus; disclosure of name of offender whose tests are positive; segregation of offender; duties of Director., https://www.­leg.­state.­nv.­us/NRS/NRS-209.­html#NRS209Sec385.

209.011
Definitions. 209.021
“Board” defined. 209.031
“Classification” defined. 209.041
“Custody” defined. 209.051
“Department” defined. 209.061
“Director” defined. 209.065
“Facility” defined. 209.071
“Institution” defined. 209.075
“Manager” defined. 209.077
“Medical Director” defined. 209.081
“Offender” defined. 209.083
“Private facility or institution” defined. 209.085
“Warden” defined. 209.101
Department created 209.111
Powers and duties of Board. 209.116
Board to adopt regulations establishing maximum number of prisoners who may be incarcerated in private facility or institution. 209.121
Director of Department: Appointment 209.131
Director of Department: Duties. 209.132
Director of Department: Authority to delegate powers, duties or functions. 209.134
Director of Department: Submission to county clerk of list of offenders released from prison or discharged from parole. 209.136
Director of Department: Notification of Legislature regarding certain matters. 209.141
Agreements with governmental agencies and private organizations. 209.151
Deputy directors: Appointment 209.153
Deputy Director for Industrial Programs: Retirement benefits. 209.161
Wardens of institutions: Appointment 209.181
Officers and employees residing at institution or facility: Charges and perquisites 209.183
Travel expenses authorized for certain employees at specified correctional centers and conservation camps 209.189
Fund for Prison Industries. 209.192
Fund for New Construction of Facilities for Prison Industries. 209.194
Silver State Industries Endowment Fund. 209.221
Offenders’ Store Fund. 209.225
Investment and disbursement of interest and income of Offenders’ Store Fund. 209.229
Operation of vending machines in visitors’ areas 209.231
Deposit of money received from operation of conservation camp into Division of Forestry Account 209.239
Regulation of personal property of offenders. 209.241
Safekeeping of money and valuables of offenders: Prisoners’ Personal Property Fund 209.243
Administrative claim by prisoner for loss of personal property, property damage, personal injuries or other claims 209.244
Attorney General may establish program for mediating complaints from offenders 209.246
Deductions from individual account of offender. 209.247
Deductions from individual account of offender: Order of priority. 209.248
Account for disbursements to offenders: Establishment 209.251
Books and papers kept by Board or Director: Inspection 209.254
Department to provide list of persons eligible for parole. 209.261
Transportation of offender to appropriate institution or facility. 209.273
Unnecessary expense not allowed 209.274
Transportation of offender to appear before court. 209.276
Reimbursement for transportation of witness in action by offender concerning civil rights. 209.281
Temporary interstate transportation. 209.291
Transfer of offenders: Within Department 209.293
Transfer of offender to correctional institution of another state. 209.301
Transfer of minors to state facility for detention of children. 209.311
Transfer of persons detained in local facility to institution or facility of Department for safekeeping. 209.321
Transfer of offender for psychiatric observation or treatment. 209.331
Medical evaluation or treatment of offender outside institution or facility. 209.341
Director to establish system of initial classification and evaluation for offenders 209.351
Director to establish system of ongoing classification and evaluation for offenders and to maintain records. 209.352
Director may establish system for offender management. 209.353
Department to collect and submit information regarding offenders to Central Repository for Nevada Records of Criminal History. 209.354
Department to monitor each private facility or institution which houses prisoners who are incarcerated pursuant to authority of another state 209.356
Director to establish program of regimental discipline. 209.361
Director to adopt regulations and penalties for violations. 209.365
Director to establish program to prevent offenders from possessing or receiving certain publications. 209.367
Director to establish program for testing of offenders for use of alcohol and controlled substances. 209.369
Limitation on imposition of disciplinary segregation 209.371
Corporal punishment and inhumane treatment prohibited. 209.376
Limitations on use of restraints on offender who is in labor, delivering her baby or recuperating from delivery. 209.381
Diet, housing and hygiene of offenders 209.382
Chief Medical Officer to examine and report on medical and dental services, diet of offenders, sanitation and safety in institutions and facilities. 209.385
Testing offenders for exposure to human immunodeficiency virus 209.387
Legislative findings and declarations regarding programs for education of offenders. 209.389
Board to establish programs for general education, vocational education and training and other rehabilitation. 209.391
Director to administer programs of education, training and rehabilitation, to establish programs for counseling, research, statistics and planning and to purchase textbooks. 209.392
Residential confinement: Duration 209.393
Regulations regarding literacy of offenders. 209.396
Limitations on assignment of offender to industrial or vocational school 209.401
Director may establish facilities for offenders to live in community. 209.417
Offenders not to have access to telecommunications devices 209.419
Interception of offender’s communications by telecommunications devices: Notice 209.423
Visits and correspondence between offenders and others. 209.424
Offenders excluded from participation. 209.425
Establishment of program 209.427
Assignment of offender to program 209.429
Director to assign offender to serve term of residential confinement under certain circumstances 209.432
Definitions. 209.433
Credits for offender sentenced on or before June 30, 1969. 209.443
Credits for offender sentenced after June 30, 1969, for crime committed before July 1, 1985. 209.446
Credits for offender sentenced for crime committed on or after July 1, 1985, but before July 17, 1997. 209.447
Credits for offender sentenced after June 30, 1991, for crime committed before July 1, 1985, and released on parole. 209.448
Credits for completion of program of treatment for an alcohol or other substance use disorder. 209.449
Credits for completion of vocational education and training or other program. 209.451
Forfeiture and restoration of credits. 209.453
Expedited resolution of challenge to computation of time served. 209.457
Program for operating conservation camps. 209.459
Employment of offenders: Report on potential impacts of new program 209.461
Duties and powers of Director 209.462
Director to provide secure facility for production of license plates. 209.463
Deductions from wages earned by offender during incarceration 209.471
Offender may be allowed to participate in program beneficial to community. 209.481
Assignment of offender to institution or facility of minimum security. 209.488
“Reentry court” defined. 209.492
Status while participating in work or educational release program or other assignment. 209.501
Temporary furloughs. 209.511
Duties and authorized actions of Director relating to release of offenders from prison 209.517
Notice to Department of Motor Vehicles when certain offenders have completed period of imprisonment or are placed on residential confinement. 209.521
Notification of victim of escape or release of offender. 209.1315
Director of Department: Training of correctional staff. 209.2475
Deductions from individual account of offender: Limitations 209.2745
Payment for transportation of offender to appear as witness in action for small claims. 209.3515
Director may request or provide medical or mental health records of certain offenders. 209.3517
Director may apply for determination of eligibility for Medicaid on behalf of offender. 209.3815
Autopsy of offenders. 209.3825
Order by court affecting conditions of confinement of prisoner 209.3923
Residential confinement or other appropriate supervision of certain older offenders: Eligibility 209.3925
Residential confinement or other appropriate supervision of offenders who are physically incapacitated or in ill health: Eligibility 209.4231
Definitions. 209.4232
“Division” defined. 209.4233
“Program of aftercare” defined. 209.4234
“Substance use disorder” defined. 209.4235
“Therapeutic community” defined. 209.4236
Director to establish therapeutic communities. 209.4237
Program to evaluate offenders for participation in therapeutic community 209.4238
Programs of aftercare. 209.4239
Removal from therapeutic community or program of aftercare 209.4242
Director may contract with qualified persons. 209.4244
Report by Director to Legislature. 209.4291
Establishment of program 209.4293
Court authorized to remand probation violator to program for supervision and to receive treatment for an alcohol or other substance use disorder or for a mental illness 209.4295
Payment of cost of supervision and treatment 209.4297
Release of probationer from supervision 209.4299
Submission of report concerning probationers participating in program. 209.4465
Credits for offender sentenced for crime committed on or after July 17, 1997. 209.4475
Credits for offender on parole as of January 1, 2004, or released on parole on or after January 1, 2004. 209.4495
Limitation on amount of credit offender may earn. 209.4615
Offender to obtain approval of Director for employment, contractual activity or business activity 209.4815
Procedure for emergency purchase of supplies, materials or equipment. 209.4817
Committee on Industrial Programs: Creation 209.4818
Committee on Industrial Programs: Duties. 209.4827
Centers to house offenders. 209.4829
Assignment of offender to center. 209.4831
Deduction from wages of offender for living expenses. 209.4837
Agreement for assignment and distribution of wages of offender 209.4841
Distribution of earnings of offender. 209.4843
Termination of payments of restitution. 209.4871
Definitions. 209.4873
“Correctional program” defined. 209.4874
“Division” defined. 209.4877
“Judicial program” defined. 209.4883
Judicial program: Establishment 209.4886
Participation in judicial program: Referral of offender to reentry court 209.4887
Correctional program: Establishment 209.4888
Participation in correctional program: Suitability of offender 209.4889
Powers and duties of Director: Contracting for certain services for offenders or parolees in correctional or judicial program 209.42305
Prisoner contact with child of prisoner
Last Updated

Jun. 24, 2021

§ 209.385’s source at nv​.us