Section 209.417 - Offenders not to have access to telecommunications devices; exceptions1. The warden or manager of an institution or facility shall :(a) Determine which telecommunications devices, if any, are authorized for use by an offender in accordance with the regulations adopted pursuant to this section; and(b) Ensure that no offender in the institution or facility, or in a vehicle of the Department, has access to a telecommunications device that is not an authorized telecommunications device.2. The Director shall, with the approval of the Board, adopt regulations authorizing an offender to possess, have in his or her custody or control and use an authorized telecommunications device
for the purpose of:
(a) Communicating with his or her child pursuant to NRS 209.42305; (b) Conducting a visit or correspondence which is authorized pursuant to NRS 209.423; (d) Receiving medical care;(e) Applying for or enrolling in a benefit from a governmental program;(f) Performing legal research;(g) Obtaining :(1) Educational or vocational training that is approved by the Department;(2) A diploma, degree, certificate or similar credential, including, without limitation, a high school diploma, a general educational development certificate or an equivalent document, an associate degree or a baccalaureate degree;(h) Taking a vocational assessment;(i) Searching for or applying for employment; (j) Performing essential job functions ; and
(k) Communicating with an attorney who represents him or her in a criminal or civil action.3. The Director may, with the approval of the Board, adopt regulations authorizing an offender to use an authorized telecommunications device for any purpose other than a purpose listed in subsection 2.4. An offender may possess, have in his or her custody or control and use an authorized telecommunications device in accordance with any regulations adopted by the Director pursuant to subsection 2 or 3. Any communication made by an offender using an authorized telecommunications device pursuant to this section is subject to the limitations set forth in NRS 209.419.5. The regulations adopted by the Director pursuant to subsections 2 and 3 must:(a) Prescribe the criteria for eligibility for an offender to use an authorized telecommunications device;(b) Prescribe requirements for determining whether a telecommunications device will be authorized for use by an offender;(c) Set forth the circumstances under which an offender may use an authorized telecommunications device to access a network, including, without limitation, the Internet; and(d) Prescribe standards for the use of an authorized telecommunications device by an offender.6. As used in this section : (a) "Authorized telecommunications device" means a device authorized for use by an offender in accordance with the regulations adopted pursuant to this section.(b) "Benefits from a governmental program" means any benefit, program or assistance provided by a governmental entity pursuant to statute or regulation, including, without limitation, Social Security, Medicare and Medicaid.(c) "Medicaid" has the meaning ascribed to it in NRS 439B.120.(d) "Medicare" has the meaning ascribed to it in NRS 439B.130.(e) "Telecommunications device" means a device, or an apparatus associated with a device, that can enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer or tablet that is connected to a computer network, is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.Added to NRS by 1999, 2712; A 2007, 71; 2011, 2667; 2015, 3080; 2017, 3655, 3660Amended by 2023, Ch. 177,§1, eff. 1/1/2024.Amended by 2017, Ch. 538,§2, eff. 1/1/2018.Amended by 2017, Ch. 537,§1, eff. 7/1/2017.Amended by 2015, Ch. 505,§1, eff. 6/10/2015.Added to NRS by 1999, 2712; A 2007, 71; 2011, 2667