Nevada § 209.463 - Deductions from wages earned by offender during incarceration; limitation on deductions; priority of deductions

§ 209.463. Deductions from wages earned by offender during incarceration; limitation on deductions; priority of deductions

1. Except as otherwise provided in NRS 209.2475 , and subject to the limitation set forth in subsection 2, the Director may make the

deductions described in subsection 3 or 4, as applicable, from the wages earned by

an offender from any source during the offender's incarceration. 2. The Director may not deduct more than 50 percent of the wages described in subsection

1 for each pay period of the offender. 3. If the hourly wage of the offender is equal to or greater than the federal minimum

wage, the Director may deduct: (a) In the following order of priority: (1) An amount the Director considers reasonable to meet an existing obligation of

the offender for restitution to a victim of his or her crime; (2) An amount the Director considers reasonable to meet an existing obligation of

the offender for the support of his or her family; (3) An amount determined by the Director, with the approval of the Board, for deposit

in the State Treasury for credit to the Fund for New Construction of Facilities for

Prison Industries, but only if the offender is employed through a program for prison

industries; (4) An amount determined by the Director, with the approval of the Board, to offset

the cost of maintaining the offender in the institution, as reflected in the budget

of the Department, and any amount deducted pursuant to this subparagraph may include,

but is not limited to, an amount to offset the cost of participation by the offender

pursuant to NRS 209.4231 to 209.4244 , inclusive, in a program of treatment for offenders with substance use or co-occurring

disorders or a program of aftercare, or both; (5) A deduction pursuant to NRS 209.246 ; (6) An amount determined by the Director for deposit in the individual account of

the offender in the Prisoners' Personal Property Fund; (7) An amount determined by the Director for deposit in a savings account for the

offender, in which interest on the money deposited does not accrue, to be used for

the payment of the expenses of the offender related to his or her release or, if the

offender dies before his or her release, to defray expenses related to arrangements

for his or her funeral; (8) An amount the Director considers reasonable for deposit with the State Treasurer

for credit to the Fund for the Compensation of Victims of Crime; (9) An amount the Director considers reasonable to pay the balance of any fee imposed

upon the offender for genetic marker analysis and included in the judgment entered

against the offender pursuant to NRS 176.0915 ; (10) An amount the Director considers reasonable to pay the balance of an administrative

assessment included in the judgment entered against the offender for each crime for

which the offender is incarcerated and the balance of an unpaid administrative assessment

included in a judgment entered against the offender for a crime committed in this

state for which the offender was previously convicted, and any amount deducted from

the wages of the offender pursuant to this subparagraph must be submitted: (I) If the offender does not have an administrative assessment owing from a judgment

entered for a crime previously committed in this state, to the court that entered

the judgment against the offender for which the offender is incarcerated; or (II) If the offender has an administrative assessment owing from a judgment entered

for a crime previously committed in this state, to the court that first entered a

judgment for which an administrative assessment is owing, until the balance owing

has been paid; and (11) An amount the Director considers reasonable to pay the balance of a fine included

in the judgment entered against the offender for each crime for which the offender

is incarcerated and the balance of an unpaid fine included in a judgment entered against

the offender for a crime committed in this state for which the offender was previously

convicted, and any amount deducted from the wages of the offender pursuant to this

subparagraph must be submitted: (I) If the offender does not have a fine owing from a judgment entered for a crime

previously committed in this state, to the court that entered the judgment against

the offender for which the offender is incarcerated; or (II) If the offender has a fine owing from a judgment entered for a crime previously

committed in this state, to the court that first entered a judgment for which a fine

or administrative assessment is owing, until the balance owing has been paid; and (b) Any other deduction authorized by law from the wages earned by the offender from

any source during the offender's incarceration, the deduction of which must be made

in an order of priority determined by the Director. 4. If the hourly wage of the offender is less than the federal minimum wage, the Director

may deduct: (a) In the following order of priority: (1) An amount the Director considers reasonable to meet an existing obligation of

the offender for restitution to a victim of his or her crime; (2) An amount determined by the Director, with the approval of the Board, for deposit

in the State Treasury for credit to the Fund for New Construction of Facilities for

Prison Industries, but only if the offender is employed through a program for prison

industries; (3) An amount determined by the Director, with the approval of the Board, to offset

the cost of maintaining the offender in the institution, other than the cost for room

and board, as reflected in the budget of the Department, and any amount deducted pursuant

to this subparagraph may include, but is not limited to, an amount to offset the cost

of participation by the offender pursuant to NRS 209.4231 to 209.4244 , inclusive, in a program of treatment for offenders with substance use or co-occurring

disorders or a program of aftercare, or both; (4) A deduction pursuant to NRS 209.246 ; (5) An amount determined by the Director for deposit in the individual account of

the offender in the Prisoners' Personal Property Fund; (6) An amount determined by the Director for deposit in a savings account for the

offender, in which interest on the money deposited does not accrue, to be used for

the payment of the expenses of the offender related to the offender's release or,

if the offender dies before the offender's release, to defray expenses related to

arrangements for the offender's funeral; (7) An amount the Director deems reasonable for deposit with the State Treasurer for

credit to the Fund for the Compensation of Victims of Crime; and (8) An amount the Director considers reasonable to pay the balance of any fee imposed

upon the offender for genetic marker analysis and included in the judgment entered

against the offender pursuant to NRS 176.0915 ; and (b) Any other deduction authorized by law from the wages earned by the offender from

any source during the offender's incarceration, the deduction of which must be made

in an order of priority determined by the Director.