Nevada § 209.2445 - Office of the Ombudsperson for Offenders: Establishment; appointment of Ombudsperson; powers and duties of Ombudsperson; funding; access to information

§ 209.2445. Office of the Ombudsperson for Offenders: Establishment; appointment of Ombudsperson; powers and duties of Ombudsperson; funding; access to information

1. The Office of the Ombudsperson for Offenders is hereby established within the Department

to promote and protect the health, safety and welfare of offenders and prepare offenders

for successful reentry into communities upon release. The Office must be impartial and operationally independent of the Department. 2. The Board shall appoint the Ombudsperson and may enter into a contract with a person

to serve as Ombudsperson. The Ombudsperson serves at the pleasure of the Board. 3. Except as otherwise provided in subsection 6, the Ombudsperson may: (a) Investigate and attempt to resolve grievances arising out of, or relating to,

issues within the authority and control of the Department, including, without limitation,

grievances relating to: (1) Alleged abuse or neglect; (2) Conditions of confinement; (3) Alleged violations of any law of this State; and (4) Actions that may be inconsistent with any policy, procedure, regulation or rule

of the Department; and (b) Propose policy or procedural changes to the Department relating to any systemic

issue identified by the Ombudsperson. 4. If the Ombudsperson has reason to believe that a violation of a state or federal

law or a constitutional provision has occurred or is occurring, the Ombudsperson shall

notify the Director. 5. Except as otherwise provided in subsection 6, the Ombudsperson shall: (a) Review grievances entered into NOTIS; (b) Provide such training as the Ombudsperson determines to be necessary or advisable

to promote the purpose described in subsection 1 or suggest appropriate referrals

for the provision of any such training; and (c) Prepare an annual report, which must include, without limitation: (1) Information concerning grievances entered into NOTIS for the immediately preceding

year, which must include: (I) The total number of grievances filed during the immediately preceding year; (II) A summary of the claims included in grievances filed during the immediately preceding

year; (III) The total number of investigations conducted by the Department during the immediately

preceding year; and (IV) The outcome of each investigation conducted by the Department during the immediately

preceding year; (2) A summary of the activities of the Office during the immediately preceding year,

including, without limitation, information regarding any training provided by the

Ombudsperson or referrals made by the Ombudsperson; (3) Any recommendations for proposed legislation; and (4) Any other information the Ombudsperson determines is appropriate to include in

the report. 6. The Ombudsperson shall not: (a) Review, investigate or attempt to resolve any grievance relating to a judgment

of conviction; or (b) Interfere with any ongoing investigation of the Department, including, without

limitation, any ongoing investigation being conducted by the Inspector General of

the Department. 7. The Department shall provide any funds necessary to carry out the provisions of

this section. 8. Notwithstanding any other provision of law, the Department shall grant the Ombudsperson

access to any information concerning grievances entered into NOTIS or stored at an

institution or facility. 9. On or before December 1 of each year, the Ombudsperson shall submit the report

required by subsection 5 to the Governor and to the Director of the Legislative Counsel

Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary, if

the report is received during an odd-numbered year, or to the next session of the

Legislature, if the report is received during an even-numbered year. 10. As used in this section, “ NOTIS ” means the Nevada Offender Tracking Information System or its successor.