Nev. Rev. Stat. § 209.362

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 209.362 - Adoption of policy for interactions between male correctional staff member and woman who is incarcerated; requirements of policy
1. Subject to the approval of the Director, the warden of each institution and the manager of each facility shall adopt a policy setting forth standards of conduct for interactions between a male correctional staff member and a woman who is incarcerated in the institution or facility.
2. The policy adopted pursuant to subsection 1 must:
(a) Be consistent with any other applicable laws or regulations;
(b) Prohibit a male correctional staff member from conducting an inspection or search of a woman who is incarcerated in the institution or facility and is in a state of undress in a private location, unless:
(1) There are extraordinary circumstances; and
(2) A female correctional staff member, or any female staff member of the institution or facility if a female correctional staff member is unavailable, is present at the time of the inspection or search; and
(c) Include, without limitation, a requirement that a male correctional staff member who inspects or searches a woman pursuant to paragraph (b) submit to the warden of the institution or manager of the facility a written report concerning the inspection or search.
3. A written report filed pursuant to subsection 2 must:
(a) Be filed not later than 72 hours after the inspection or search occurs; and
(b) Include a description of the inspection or search and any other information requested by the warden or manager, as applicable.
4. As used in this section:
(a) "Private location" means an area in an institution or facility in which a woman has a reasonable expectation of privacy, including, without limitation, an area which contains a shower or toilet, a medical examination room or an area in which body cavity searches are conducted.
(b) "State of undress" means that the naked or undergarment-clad genitals, pubic area, buttocks or breast of a woman are exposed.

NRS 209.362

Added to NRS by 2023, 2920
Added by 2023, Ch. 473,§5, eff. 10/1/2023.