Nevada § 211.240 - Early release of prisoners to relieve overcrowding

§ 211.240. Early release of prisoners to relieve overcrowding

1. Except as otherwise provided in subsection 2, the sheriff with respect to a county

jail, or the officer in charge with respect to a city jail, may apply to the chief

judge of the judicial district for authority to release prisoners pursuant to the

provisions of this section. After considering the application, the chief judge may enter an order consistent

with the provisions of this section granting authority to release prisoners in the

manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days. 2. In a county in which there is not a city jail, the sheriff may apply to the chief

judge of the judicial district for authority to release prisoners pursuant to the

provisions of this section. Upon receipt of such an application, the chief judge shall consult with a justice

of the peace designated by the justices of the peace for the county and a judge designated

by the municipal courts for the county. After the consultation, the chief judge may enter an order consistent with the provisions

of this section granting authority to release prisoners in the manner set forth in

the order. The duration of this authority, if granted, must not exceed 30 days. 3. At any time within the duration of an authority granted when the number of prisoners

exceeds the operational capacity of the jail, the sheriff or other officer in charge

may release the lesser of: (a) The number of prisoners eligible under this section; or (b) The difference between the number of prisoners and the operational capacity of

the jail. 4. A prisoner is eligible for release only if the prisoner: (a) Has served at least 75 percent of his or her sentence; (b) Is not serving a sentence for a crime for which a mandatory sentence is required

by statute; (c) Is not serving a sentence for a crime which involved an act of violence; and (d) Does not pose a danger to the community. 5. Among prisoners eligible, priority must be given to those whose expiration of sentence

or other release is closest. 6. A prisoner released pursuant to this section may be required to remain on residential

confinement for the remainder of his or her sentence or may be required to participate

in another alternative program of supervision. 7. As used in this section, “ operational capacity ” means the number of prisoners that may be safely housed in a jail in compliance

with the regulations governing the sanitation, healthfulness, cleanliness and safety

of the jail that are adopted by the State Board of Health pursuant to NRS 444.335 .