Nevada § 209.369 - Limitation on imposition of disciplinary segregation; placement in solitary confinement for safety of offender; procedure for imposition of disciplinary segregation; requirement for psychological evaluation; request for release; conditions of disciplinary segregation

§ 209.369. Limitation on imposition of disciplinary segregation; placement in solitary confinement for safety of offender; procedure for imposition of disciplinary segregation; requirement for psychological evaluation; request for release; conditions of disciplinary segregation

1. The Department or a private facility or institution shall not place an offender

in disciplinary segregation unless the offender is found guilty of an infraction after: (a) Notice and a hearing pursuant to subsection 3; and (b) If applicable, a psychological evaluation pursuant to subsection 4. 2. An offender who is confined in an institution or facility of the Department or

a private facility or institution may request placement in solitary confinement to

protect his or her safety. The Department or private facility or institution shall not place such an offender

in solitary confinement unless: (a) The Department or private facility or institution performs an independent assessment

of the threat to the offender and determines that the placement in solitary confinement

is necessary to protect the safety of the offender; and (b) The offender is placed in solitary confinement only for the duration of the threat. 3. Upon the filing of a disciplinary action against an offender that may result in

the sanction of disciplinary segregation of the offender, the Department or private

facility or institution shall: (a) Serve written notice of the charges against the offender which sets forth the

reasons for the filing of the disciplinary action against the offender and a notice

that the offender may appeal any discipline or punishment imposed on the offender

as a result of a hearing unless the offender has agreed to a bargained plea. (b) Hold a hearing concerning the charges against the offender not later than 15 days

after the alleged violation or not later than 15 days after the completion of the

investigation of the alleged violation, whichever is later. A hearing held pursuant to this paragraph must be presided over by an officer or

employee of the Department or private facility or institution who has no direct involvement

in the incident constituting an alleged violation. At the hearing, the offender must be allowed to present documentary evidence germane

to the alleged violation and to call one or more witnesses with substantive, relevant

knowledge of the issues involved in the alleged violation except for a witness who

has been discharged, who is not located at the facility or institution where the hearing

is being conducted or who poses a threat to safety or security at the hearing. The presiding officer or employee may find that the offender committed an infraction

of the rules of the institution or facility only if he or she finds, based on the

evidence presented at the hearing, that there is evidence that the infraction occurred

and that the offender more likely than not committed the infraction. The presiding officer or employee must provide to the offender a written statement

of the evidence supporting the determination of the presiding officer or employee

unless providing such a written statement would jeopardize the safety or security

of the institution or facility or the safety of the staff or offenders in the institution

or facility. That presiding officer or employee shall not sanction an offender to disciplinary

segregation for a fixed period. Any period for which the offender is sanctioned to disciplinary segregation must

be expressed in terms of the maximum number of days the offender may be subjected

to disciplinary segregation. 4. The Department or private facility or institution must refer the offender for a

psychological evaluation before holding a hearing pursuant to subsection 3 if, at

any stage of the disciplinary process set forth in subsection 3: (a) It is known or suspected that a mental health condition or medical condition of

the offender was a substantial cause of the alleged violation; (b) The offender is assigned to a mental health program of the Department or private

facility or institution; or (c) The offender has been diagnosed as seriously mentally ill. If, during the psychological evaluation, the staff of the Department or private facility

or institution has reason to believe that the alleged violation by the offender may

have been the result of a medical condition of the offender, including, without limitation,

dementia, Alzheimer's disease, post-traumatic stress disorder or traumatic brain injury,

the staff of the Department or private facility or institution must refer the offender

to the medical staff of the institution or facility for a medical review and recommendation

before holding a hearing pursuant to subsection 3. 5. If the sanction of disciplinary segregation is imposed on an offender, the offender: (a) May, after serving one-half of the period for which the offender is sanctioned

to disciplinary segregation, petition the warden of the institution or facility for

removal from disciplinary segregation if the offender has demonstrated good behavior. The offender must be advised that he or she may petition the warden pursuant to

this paragraph. (b) Must, while subject to disciplinary segregation, be: (1) Allowed to wear his or her personal clothing issued by the Department; (2) Served the same meal and ration as is provided to offenders in general population

unless the offender is placed on a special diet for health or religious reasons; (3) Allowed visitation or access to a telephone; (4) Allowed all first-class and legal mail addressed to the offender; (5) Permitted a minimum of at least 5 hours of exercise per week, unless doing so

would present a threat to the safety or security of the institution or facility; (6) Given access to reading materials; and (7) Given access to materials from the law library in the institution or facility. 6. The period for which an offender may be held in disciplinary segregation must be

the minimum time required to address the disciplinary sanction or threat of harm to

the offender, staff or any other person or to the security of the institution or facility,

as defined by the regulations adopted by the Board. Such a period must not exceed 15 consecutive days, unless a determination is made

to keep an offender placed in solitary confinement pursuant to subsection 1 of NRS 209.3685 . 7. On or before December 31 of each year, the Department shall submit a report concerning

the use of solitary confinement by the Department and private facilities and institutions

to the Director of the Legislative Counsel Bureau for transmittal to the next session

of the Legislature, if the report is submitted during an even-numbered year, or the

Joint Interim Standing Committee on the Judiciary, if the report is submitted in an

odd-numbered year. The report must include, without limitation, the following information, provided

in the aggregate and without any personally identifiable information: (a) The number of offenders placed in solitary confinement, in total and disaggregated

by race, ethnicity, sexual orientation, age and gender identity or expression. (b) The periods of time, and the number of offenders for each such period, for which

offenders were placed in solitary confinement. (c) The number of offenders who were placed in solitary confinement for a period of

more than 15 days and a summary of the reasons for such placement.