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NRS 209.362

Adoption of policy for interactions between male correctional staff member and woman who is incarcerated; requirements of policy

(Added to NRS by 2023, 2920)

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.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.