Nevada Revised Statutes 209.241 – Safekeeping of money and valuables of offenders: Prisoners’ Personal Property Fund; duties of Director; withdrawals by offenders; monthly statement; disbursement of interest and income; penalties; exemptions
1. The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners’ Personal Property Fund, which is hereby created as a trust fund.
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 209.241
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Personal property: All property that is not real property.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. An offender shall deposit all money that the offender receives into his or her individual account in the Prisoners’ Personal Property Fund.
3. The Director:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by an offender for personal needs.
(c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source other than the offender’s wages.
(d) Shall provide each offender with a monthly statement concerning the individual account of the offender.
(e) Shall pay over to each offender upon his or her release any remaining balance in his or her individual account.
4. The monthly statement described in subsection 3:
(a) Must include, without limitation:
(1) The balance of the individual account of the offender;
(2) An itemized list of each deduction made from the individual account of the offender, including, without limitation:
(I) The amount of the deduction;
(II) The date of the deduction; and
(III) The purpose of the deduction; and
(3) The balance of any debts owed by the offender to the Department, including, without limitation, the amount of restitution owed by the offender, if any; and
(b) Must be provided to the offender:
(1) Electronically, free of charge; or
(2) In writing, upon the request of the offender, and if so provided, the Department may not charge the offender a fee relating to the provision of the written statement for the first two requests per year.
5. The interest and income earned on the money in the Prisoners’ Personal Property Fund, after deducting any applicable bank charges, must be credited each calendar quarter as follows:
(a) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offender’s share of the cost of administering the Prisoners’ Personal Property Fund.
(b) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is equal to or greater than the amount of interest and income earned by the offender, the Director shall credit the interest and income to the Offenders’ Store Fund.
6. An offender who does not deposit all money that the offender receives into his or her individual account in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.
7. A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.
8. The Director may exempt an offender from the provisions of this section if the offender is:
(a) Confined in an institution outside this State pursuant to chapter 215A of NRS; or
(b) Assigned to the custody of the Division of Parole and Probation of the Department of Public Safety to:
(1) Serve a term of residential confinement pursuant to NRS 209.392, 209.3923, 209.3925 or 209.429; or
(2) Participate in a correctional program for reentry into the community pursuant to NRS 209.4887.