NRS209.365. Director to establish program to prevent offenders from possessing or receiving certain publications.

      1.  The Director shall adopt, with the approval of the Board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to the offender’s rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:

      (a) Is sexually explicit;

      (b) Is graphically violent; or

      (c) Encourages or glamorizes:

             (1) Crime;

             (2) The activities of a criminal gang; or

             (3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.

      2.  The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.

      3.  The establishment of the program required pursuant to this section does not affect:

      (a) The authority of the Department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or

      (b) The procedures used by the Department to conduct such reviews.

      4.  The Department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.

      5.  As used in this section:

      (a) “Criminal gang” has the meaning ascribed to it in NRS 213.1263.

      (b) “Publication” means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the Director.

      (Added to NRS by 1997, 1640)