Nevada § 209.42303 - Institution or facility required to provide offender with access to certain mail; procedure for exemption from requirement

§ 209.42303. Institution or facility required to provide offender with access to certain mail; procedure for exemption from requirement

1. Except as otherwise provided in subsection 2, an institution or facility shall

provide an offender with the original, physical copy of any mail addressed to the

offender that the offender is entitled and allowed to receive. 2. The Director may, with the approval of the Board, adopt regulations exempting the

Department from the requirements prescribed by subsection 1 if the Department conducts

a study and determines, using evidence-based methods, that complying with the requirements

prescribed by subsection 1 presents a danger to the health and safety of the staff

or offenders in institutions or facilities. Any regulations adopted pursuant to this subsection must be adopted in accordance

with the provisions of chapter 233B of NRS . 3. Any regulation adopted pursuant to subsection 2 which is submitted to the Legislative

Counsel pursuant to NRS 233B.067 must be accompanied by the study and any evidence or data that supports the determination

of the Department that complying with the requirements prescribed by subsection 1

presents a danger to the health and safety of the staff or offenders in institutions

or facilities. 4. As soon as reasonably practicable after adopting a regulation pursuant to subsection

2, the Director shall submit the study and any evidence or data that supports the

determination of the Department that complying with the requirements prescribed by

subsection 1 presents a danger to the health and safety of the staff or offenders

in institutions or facilities to the Director of the Legislative Counsel Bureau for

transmittal to the Joint Interim Standing Committee on the Judiciary. 5. As used in this section, “ original, physical copy ” means a letter, card or other document received by the institution or facility from

the United States Postal Service or other delivery service. The term does not include mail that is scanned, photocopied or otherwise duplicated

by the institution or facility or any entity contracted by the institution or facility

to provide such a service.