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- 83rd Session (2025)
Assembly Bill No. 25–Committee on Judiciary
CHAPTER..........
AN ACT relating to offenders; revising requirements relating to the
provision of certain medical services to women in the
custody of the Department of Corrections; revising
provisions relating to notarial acts performed for persons
incarcerated in the stat e prison; eliminating the requirement
that the Director of the Department establish and administer a
program of regimental discipline; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Departmen t of Corrections to provide a woman who
is incarcerated access to certain necessary medical and behavioral health care
services, including an annual pelvic examination and mammography . (NRS
209.3817) Section 1 of this bill narrows the applicability of this requirement by
requiring the Department to provide a woman who is incarcerated access to an
annual pelvic examination and mammography only if: (1) the woman is over a
certain age; or (2) a provider of health care recommends that the woman receive
such services based solely on the personal or family medical history of the woman
or certain other risk factors.
Existing law contains the Uniform Law on Notarial Acts, which provides the
manner in which notarial acts must be performed, including that a notarial officer
determine, from personal knowledge or satisfactory evidence, that a person is the
person whose signature is on a document. (NRS 240.161 -240.169, 240.1655)
Section 5 of this bill provides that a notarial officer has satisfactory evidence that a
person who is incarcerated in the state prison is the person whose signature is on a
document if the person is identified upon the basis of: (1) an inmate identification
card that is issued by the Department in accordance with regulations adopted by the
Department and includes the name and a picture of the person; or (2) a declaration
signed by the person under penalty of perjury attesting to his or her identity.
Existing law: (1) requires the Director of the Department to establish and
administer a program of regimental discipline to be used as an alternative to
incarceration; and (2) authorizes a court to order certain defendants to undergo the
program as an alternative to inc arceration. (NRS 176A.630, 176A.770, 176A.780,
209.356) Sections 4 and 6 of this bill repeal this requirement and authorization.
Sections 2 and 3 of this bill make conforming changes by removing references to a
provision repealed by section 6.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.3817 is hereby amended to read as
follows:
209.3817 1. The Department shall ensure that each woman
who is assigned to an institution or facility completes a form at the
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time of intake to assess the needs of the woman while in the custody
of the Department. The form must include, without limitation,
questions relating to:
(a) How recently the woman has received preventative
gynecological care and, if applicable, obstetrical care; and
(b) The needs of the woman for feminine hygiene products for
the purpose of providing the woman with a suitable supply of
feminine hygiene products.
2. The Department shall provide a woman who is in the
custody of the Department access to necessary medical and
behavioral health care services, including:
(a) Counseling pertaining to mental health or a substance use
disorder;
(b) Medication prescribed for the treatment for mental health
issues;
(c) An annual pelvic examination [and mammography;] if:
(1) The woman is over 21 years of age; or
(2) A provider of health care recommends, based solely on
the personal or family medical history of the woman or other risk
factors for cervical cancer or gynecological health issues, that t he
woman receive such an examination before the woman reaches 21
years of age;
(d) Annual mammography if:
(1) The woman is over 40 years of age but less than 45
years of age and requests access to such services;
(2) The woman is 45 years of age or older; or
(3) A provider of health care recommends, based solely on
the personal or family medical history of the woman or other risk
factors for breast cancer or other health issues, that the woman
receive such services before the woman reaches 45 years of age;
and
[(d)] (e) Any appropriate follow-up care necessary for a woman
who receives an examination or mammography pursuant to
paragraph (c) [.] or (d).
3. The Department shall provide a woman who is in the
custody of the Department with a sufficient supply of feminine
hygiene products at no cost. The Department shall provide the
woman with a preferred type of feminine hygiene products upon
request. A woman may at any time inform the Department of a need
to adjust the supply of feminine hygiene product s necessary to
constitute a sufficient supply for the needs of the woman.
4. The Department shall adopt regulations necessary to carry
out the provisions of this section.
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5. As used in this section:
(a) “Feminine hygiene product” means a sanitary napk in,
tampon or other similar item used during a menstrual cycle.
(b) “Mammography” has the meaning ascribed to it in
NRS 457.182.
Sec. 2. NRS 209.481 is hereby amended to read as follows:
209.481 1. [Except as otherwise provided in NRS 176A.780,
the] The Director shall not assign any prisoner to an institution or
facility of minimum security if the prisoner:
(a) Except as otherwise provided in NRS 484C.400, 484C.410,
484C.430, 484C.440, 488.420, 488.425 and 488.427, is not eligible
for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an
institution or facility of the Department;
(c) Has not performed the duties assigned to him or her in a
faithful and orderly manner;
(d) Has ever been convicted of a sexual offense that is
punishable as a felony;
(e) Has, within the immediately preceding year, been convicted
of any crime involving the use or threatened use of force or violence
against a victim that is punishable as a felony; or
(f) Has attempted to escape or has escaped from an institution of
the Department.
2. The Director shall, by regulation, establish procedures for
classifying and selecting qualified prisoners.
Sec. 3. NRS 176A.450 is hereby amended to read as follows:
176A.450 1. Except as otherwise provided in this section, by
order duly entered, the court may impose, and may at any time
modify, any conditions of probation or suspension of sentence. The
court shall cause a copy of any such order to be delivered to the
parole and p robation officer and the probationer. [A copy of the
order must also be sent to the Director of the Department of
Corrections if the probationer is under the supervision of the
Director pursuant to NRS 176A.780.]
2. If the probationer is participating in a program of probation
secured by a surety bond, the court shall not impose or modify the
conditions of probation unless the court notifies the surety and:
(a) Causes the original bond to be revoked and requires a new
bond to which the original and the new conditions are appended and
made part; or
(b) Requires an additional bond to which the new conditions are
appended and made part.
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3. The court shall not modify a condition of probation or
suspension of sentence that was imposed pursuant to NRS
176A.410, unless the court finds that extraordinary circumstances
are present and the court enters those extraordinary circumstances in
the record.
Sec. 4. NRS 176A.630 is hereby amended to read as follows:
176A.630 1. If the probationer is arrested, by or without
warrant, in another judicial district of this state, the court which
granted the probation may assign the case to the district court of that
district, with the consent of that court. The court retaining or thus
acquiring jurisdiction shall cause the defendant to be brought before
it and consider the system of graduated sanctions adopted pursuant
to NRS 176A.510, if applicable. Upon determining that the
probationer has violated a condition of probation, the court shall, if
practicable, order the probationer to make restitution for any
necessary expenses incurred by a governmental entity in returning
the probationer to the court for violation of the probation. If the
court finds that the probationer committed a violation of a condition
of probation that is not a technical violation, the court may:
(a) Continue or revoke the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement
pursuant to NRS 176A.660;
(c) [Order the probati oner to undergo a program of regimental
discipline pursuant to NRS 176A.780;
(d)] Cause the sentence imposed to be executed; or
[(e)] (d) Modify the original sentence imposed by reducing the
term of imprisonment and cause the modified sentence to be
executed. The court shall not make the term of imprisonment less
than the minimum term of imprisonment prescribed by the
applicable penal statute. If the Chief Parole and Probation Officer
recommends that the sentence of a probationer be modified and the
modified sentence be executed, the Chief Parole and Probation
Officer shall provide notice of the recommendation to any victim of
the crime for which the probationer was convicted who has
requested in writing to be notified and who has provided a current
address to the Division. The notice must inform the victim that he or
she has the right to submit documents to the court and to be present
and heard at the hearing to determine whether the sentence of a
probationer who has violated a condition of probation shoul d be
modified. The court shall not modify the sentence of a probationer
and cause the sentence to be executed until it has confirmed that the
Chief Parole and Probation Officer has complied with the provisions
of this paragraph. The Chief Parole and Probat ion Officer must not
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be held responsible when such notification is not received by the
victim if the victim has not provided a current address. All personal
information, including, but not limited to, a current or former
address, which pertains to a victim and which is received by the
Division pursuant to this paragraph is confidential.
2. If the court finds that the probationer committed one or more
technical violations of the conditions of probation and the Division
has determined that the graduated san ctions adopted pursuant to
NRS 176A.510 have been exhausted, the court may:
(a) Continue the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement
pursuant to NRS 176A.660;
(c) Temporarily revoke the probation or suspension of sentence
and impose a term of imprisonment of not more than:
(1) Thirty days for the first temporary revocation;
(2) Ninety days for the second temporary revocation; or
(3) One hundred and eighty days for the third temporar y
revocation;
(d) Fully revoke the probation or suspension of sentence and
impose imprisonment for the remainder of the sentence for a fourth
or subsequent revocation; or
(e) Revoke the probation or suspension of sentence at the
request of the probationer. If the probation or suspension of sentence
is revoked pursuant to this paragraph, the probationer must serve
such part of the unexpired maximum term or the maximum
aggregate term, as applicable, of his or her original sentence as may
be determined by the court.
3. Notwithstanding any other provision of law, a probationer
who is arrested and detained for committing a technical violation of
the conditions of probation must be brought before the court not
later than 15 calendar days after the date of arre st and detention. If
the person is not brought before the court within 15 calendar days,
the probationer must be released from detention and returned to
probation status. Following a probationer’s release from detention,
the court may subsequently hold a h earing to determine if a
technical violation has occurred. If the court finds that such a
technical violation occurred, the court may:
(a) Continue probation and modify the terms and conditions of
probation; or
(b) Fully or temporarily revoke probation in accordance with the
provisions of subsection 2.
4. A probationer who is arrested and detained for committing a
technical violation of the conditions of probation must receive credit
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for any time served while the probationer is waiting for a hearing to
determine if a technical violation has occurred. The court must
apply such credit to any term of imprisonment imposed pursuant to
subsection 2.
5. Any time served by a probationer while waiting for a
hearing, as set forth in subsection 4, and any time served in
accordance with any term of imprisonment imposed pursuant to
subsection 2 must be applied toward the original sentence of the
probationer.
6. The commission of one of the following acts by a
probationer must not, by itself, be used as the only basis for the
revocation of probation:
(a) Consuming any alcoholic beverage.
(b) Testing positive on a drug or alcohol test.
(c) Failing to abide by the requirements of a mental health or
substance use treatment program.
(d) Failing to seek and maintain employment.
(e) Failing to pay any required fines or fees.
(f) Failing to report any changes in residence.
7. As used in this section, “technical violation” has the
meaning ascribed to it in NRS 176A.510.
Sec. 5. NRS 240.1655 is hereby amended to read as follows:
240.1655 1. A notarial act must be evidenced by a certificate
that:
(a) Identifies the county, including, without limitation, Carson
City, in this State in which the notarial act was performed in
substantially the following form:
State of Nevada
County of .....................................
(b) Except as otherwise provided in this paragraph, includes the
name of the person whose signature is being notarized. If the
certificate is for certifying a copy of a document, the certificate must
include the name of the person presenting the document. If the
certificate is for the jurat of a subscribing witness, the certificate
must include the name of the subscribing witness.
(c) Is signed and dated in ink by the notarial officer perform ing
the notarial act. If the notarial officer is a notary public, the
certificate must be signed in the same manner as the signature of the
notarial officer that is on file with the Secretary of State.
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(d) If the notarial officer performing the notarial a ct is a notary
public, includes the statement imprinted with the stamp of the notary
public, as described in NRS 240.040.
(e) If the notarial officer performing the notarial act is not a
notary public, includes the title of the office of the notarial offi cer
and may include the official stamp or seal of that office. If the
officer is a commissioned officer on active duty in the military
service of the United States, the certificate must also include the
officer’s rank.
2. Except as otherwise provided in subsection 8, a notarial
officer shall:
(a) In taking an acknowledgment, determine, from personal
knowledge or satisfactory evidence, that the person making the
acknowledgment is the person whose signature is on the document.
The person who signed the doc ument shall present the document to
the notarial officer in person.
(b) In administering an oath or affirmation, determine, from
personal knowledge or satisfactory evidence, the identity of the
person taking the oath or affirmation.
(c) In certifying a c opy of a document, photocopy the entire
document and certify that the photocopy is a true and correct copy
of the document that was presented to the notarial officer.
(d) In making or noting a protest of a negotiable instrument,
verify compliance with the provisions of subsection 2 of
NRS 104.3505.
(e) In executing a jurat, administer an oath or affirmation to the
affiant and determine, from personal knowledge or satisfactory
evidence, that the affiant is the person named in the document. The
affiant shall sign the document in the presence of the notarial
officer. The notarial officer shall administer the oath or affirmation
required pursuant to this paragraph in substantially the following
form:
Do you (solemnly swear, or affirm) that the statements in
this document are true, (so help you God)?
3. A certificate of a notarial act is sufficient if it meets the
requirements of subsections 1 and 2 and it:
(a) Is in the short form set forth in NRS 240.166 to 240.169,
inclusive;
(b) Is in a form otherwise prescribed by the law of this State;
(c) Is in a form prescribed by the laws or regulations applicable
in the place in which the notarial act was performed; or
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(d) Sets forth the actions of the notarial officer and those are
sufficient to meet the requirements of the designated notarial act.
4. For the purposes of paragraphs (a), (b) and (e) of subsection
2, a notarial officer has satisfactory evidence that a person is the
person whose signature is on a document if the person:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible
witness who personally appears before the notarial officer;
(c) Is identified on the basis of an identifying document which
contains a signature and a photograph;
(d) Is identified on the basis of a consular identification card;
(e) Is identified upon an oath or affirmation of a subscribing
witness who is personally known to the notarial officer; [or]
(f) In the case of a person who is 65 years of age or older and
cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is
identified upon the basis of an identification card issued by a
governmental agency or a senior citizen center [.] ; or
(g) In the case of a person who is incarcerated in the state
prison and cannot satisfy the requirements of paragraphs (a) to
(e), inclusive, is identified upon the basis of:
(1) An inmate identification card which:
(I) Is issued to the person by the Department of
Corrections in accordance with regulations adopte d by the
Department; and
(II) Includes the name of the person and a picture of the
person; or
(2) A declaration signed by the person under penalty of
perjury in accordance with NRS 208.165 attesting to his or her
identity.
5. An oath or affirmation administered pursuant to paragraph
(b) of subsection 4 must be in substantially the following form:
Do you (solemnly swear, or affirm) that you personally
know ………(name of person who signed the
document)………, (so help you God)?
6. A notarial officer sh all not affix his or her signature over
printed material.
7. By executing a certificate of a notarial act, the notarial
officer certifies that the notarial officer has complied with all the
requirements of this section.
8. If a person is physically una ble to sign a document that is
presented to a notarial officer pursuant to this section, the person
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may direct a person other than the notarial officer to sign the
person’s name on the document. The notarial officer shall insert
“Signature affixed by (inse rt name of other person) at the direction
of (insert name of person)” or words of similar import.
9. As used in this section, unless the context otherwise
requires, “consular identification card” means an identification card
issued by a consulate of a foreign government, which consulate is
located within the State of Nevada.
Sec. 6. NRS 176A.770, 176A.780 and 209.356 are hereby
repealed.
Sec. 7. This act becomes effective upon passage and approval.
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