Nevada § 209.365 - Director to establish program to prevent offenders from possessing or receiving certain publications

§ 209.365. Director to establish program to prevent offenders from possessing or receiving certain publications

1. The Director shall adopt, with the approval of the Board, regulations establishing

and governing a program, to be carried out within each facility and institution, to

prevent an offender from possessing or receiving a publication which is detrimental

to the offender's rehabilitation or which has the potential to disrupt security or

promote violence or disorder in the facility or institution because the subject matter

of the publication: (a) Is sexually explicit; (b) Is graphically violent; or (c) Encourages or glamorizes: (1) Crime; (2) The activities of a criminal gang; or (3) Violence against law enforcement, women, children or members of a particular religion,

ethnic group or race or persons of a particular sexual orientation or gender identity

or expression. 2. The regulations must provide that if an offender is prohibited from possessing

or receiving a publication pursuant to this section, the offender possessing or receiving

the publication must be provided with notice of the determination and an opportunity

to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar

to a publication that previously has been prohibited. 3. The establishment of the program required pursuant to this section does not affect: (a) The authority of the Department to review materials that are possessed or received

by an offender, including, but not limited to, publications, for any other lawful

purpose or reason; or (b) The procedures used by the Department to conduct such reviews. 4. The Department and its officers, employees and independent contractors are immune

from liability for damages arising from an act or omission that allows an offender

to possess or receive a publication that is prohibited pursuant to this section. 5. As used in this section: (a) “Criminal gang” has the meaning ascribed to it in NRS 213.1263 . (b) “ Publication ” means a book, magazine, newsletter, bulletin, pamphlet or other similar item as

determined by the Director.