Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 209.247 - Deductions from individual account of offender: Limitation on deductions; order of priority1. Except as otherwise provided in NRS 209.2475 and subsection 4 of NRS 209.249 and subject to the limitation set forth in subsection 2, the Director may make the deductions described in subsection 3 from any money deposited in the individual account of an offender from any source other than the offender's wages.2. The Director may not deduct more than 25 percent of each deposit described in subsection 1.3. 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 the offender's family;(3) 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;(4) A deduction pursuant to NRS 209.246;(5) 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 the offender's funeral;(6) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created by NRS 217.260;(7) 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;(8) 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 a source other than the wages earned by the offender during his or her incarceration, 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 he or she 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(9) 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 any source other than the wages earned by the offender during his or her incarceration, 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 he or she 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 any fine or administrative assessment is owing, until the balance owing has been paid; and(b) Any other deduction authorized by law from any source other than the wages earned by the offender during his or her incarceration, the deduction of which must be made in an order of priority determined by the Director.Added to NRS by 1997, 2657, 3175; A 1999, 649, 654; 2013, 1079; 2021, 207, 1897Amended by 2021, Ch. 319,§1.9, eff. 7/1/2021.Amended by 2021, Ch. 51,§4, eff. 5/25/2021.Amended by 2013, Ch. 252,§29, eff. 7/1/2013, op. 7/1/2014.Added to NRS by 1997, 2657, 3175; A 1999, 649, 654