NRS209.241. Safekeeping of money and valuables of offenders: Prisoners’ Personal Property Fund; duties of Director; withdrawals by offenders; disbursement of interest and income; penalties; exemptions.

      1.  The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners’ Personal Property Fund, which is hereby created as a trust fund.

      2.  An offender shall deposit all money that the offender receives into his or her individual account in the Prisoners’ Personal Property Fund.

      3.  The Director:

      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by an offender for personal needs.

      (c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source other than the offender’s wages.

      (d) Shall pay over to each offender upon his or her release any remaining balance in his or her individual account.

      4.  The interest and income earned on the money in the Prisoners’ Personal Property Fund, after deducting any applicable bank charges, must be credited each calendar quarter as follows:

      (a) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offender’s share of the cost of administering the Prisoners’ Personal Property Fund.

      (b) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is equal to or greater than the amount of interest and income earned by the offender, the Director shall credit the interest and income to the Offenders’ Store Fund.

      5.  An offender who does not deposit all money that the offender receives into his or her individual account in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.

      6.  A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.

      7.  The Director may exempt an offender from the provisions of this section if the offender is:

      (a) Confined in an institution outside this State pursuant to chapter 215A of NRS; or

      (b) Assigned to the custody of the Division of Parole and Probation of the Department of Public Safety to:

             (1) Serve a term of residential confinement pursuant to NRS 209.392, 209.3925 or 209.429; or

             (2) Participate in a correctional program for reentry into the community pursuant to NRS 209.4887.

      (Added to NRS by 1977, 848; A 1981, 1559; 1983, 1582; 1985, 923; 1989, 1129; 1995, 2592; 1997, 3180; 2007, 66; 2013, 186)