Nevada § 209.419 - Interception of offender’s communications by telecommunications devices: Notice; exceptions

§ 209.419. Interception of offender’s communications by telecommunications devices: Notice; exceptions

1. Communications made by an offender on any telephone or other telecommunications

device in an institution or facility to any person outside the institution or facility

may be intercepted if: (a) The interception is made by an authorized employee of the Department; and (b) Signs are posted near all telephones and other telecommunications devices in the

institution or facility indicating that communications may be intercepted. 2. The Director shall provide notice or cause notice to be provided to both parties

to a communication which is being intercepted pursuant to subsection 1, indicating

that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties

during the communication shall be deemed notice to both parties that the communication

is being intercepted. 3. The Director shall adopt regulations providing for an alternate method of communication

for those communications by offenders which are confidential. 4. Except as otherwise provided in NRS 239.0115 , a communication made by an offender is confidential if it is made to: (a) A federal or state officer. (b) A local governmental officer who is at some time responsible for the custody of

the offender. (c) An officer of any court. (d) An attorney who has been admitted to practice law in any state or is employed

by a recognized agency providing legal assistance. (e) A reporter or editorial employee of any organization that reports general news

including, but not limited to, any wire service or news service, newspaper, periodical,

press association or radio or television station. (f) The Director. (g) Any other employee of the Department whom the Director may, by regulation, designate. 5. Reliance in good faith on a request or order from the Director or the Director's

authorized representative constitutes a complete defense to any action brought against

any public utility intercepting or assisting in the interception of communications

made by offenders pursuant to subsection 1. 6. As used in this section, “telecommunications device” has the meaning ascribed to

it in NRS 209.417 .