Nevada § 209.417 - Use of authorized telecommunications devices by offenders; regulations

§ 209.417. Use of authorized telecommunications devices by offenders; regulations

1. The warden or manager of an institution or facility shall: (a) Determine which telecommunications devices, if any, are authorized for use by

an offender in accordance with the regulations adopted pursuant to this section;

and (b) Ensure that no offender in the institution or facility, or in a vehicle of the

Department, has access to a telecommunications device that is not an authorized telecommunications

device. 2. The Director shall, with the approval of the Board, adopt regulations authorizing

an offender to possess, have in his or her custody or control and use an authorized

telecommunications device for the purpose of: (a) Communicating with his or her child pursuant to NRS 209.42305 ; (b) Conducting a visit or correspondence which is authorized pursuant to NRS 209.422 or 209.423 ; (c) Appearing in court; (d) Receiving medical care; (e) Applying for or enrolling in a benefit from a governmental program; (f) Performing legal research; (g) Obtaining: (1) Educational or vocational training that is approved by the Department; or (2) A diploma, degree, certificate or similar credential, including, without limitation,

a high school diploma, a general educational development certificate or an equivalent

document, an associate degree or a baccalaureate degree; (h) Taking a vocational assessment; (i) Searching for or applying for employment; (j) Performing essential job functions; and (k) Communicating with an attorney who represents him or her in a criminal or civil

action. 3. The Director may, with the approval of the Board, adopt regulations authorizing

an offender to use an authorized telecommunications device for any purpose other than

a purpose listed in subsection 2. 4. An offender may possess, have in his or her custody or control and use an authorized

telecommunications device in accordance with any regulations adopted by the Director

pursuant to subsection 2 or 3. Any communication made by an offender using an authorized telecommunications device

pursuant to this section is subject to the limitations set forth in NRS 209.419 . 5. The regulations adopted by the Director pursuant to subsections 2 and 3 must: (a) Prescribe the criteria for eligibility for an offender to use an authorized telecommunications

device; (b) Prescribe requirements for determining whether a telecommunications device will

be authorized for use by an offender; (c) Set forth the circumstances under which an offender may use an authorized telecommunications

device to access a network, including, without limitation, the Internet; and (d) Prescribe standards for the use of an authorized telecommunications device by

an offender. 6. As used in this section: (a) “ Authorized telecommunications device ” means a device authorized for use by an offender in accordance with the regulations

adopted pursuant to this section. (b) “ Benefits from a governmental program ” means any benefit, program or assistance provided by a governmental entity pursuant

to statute or regulation, including, without limitation, Social Security, Medicare

and Medicaid. (c) “ Medicaid ” has the meaning ascribed to it in NRS 439B.120 . (d) “ Medicare ” has the meaning ascribed to it in NRS 439B.130 . (e) “ Telecommunications device ” means a device, or an apparatus associated with a device, that can enable an offender

to communicate with a person outside of the institution or facility at which the offender

is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal

digital assistant, a transmitting radio or a computer or tablet that is connected

to a computer network, is capable of connecting to a computer network through the

use of wireless technology or is otherwise capable of communicating with a person

or device outside of the institution or facility.