Nevada Code § 209.2445

Office of the Ombudsperson for Offenders: Establishment; appointment of Ombudsperson; powers and duties of Ombudsperson; funding; access to information
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1. The Office of the Ombudsperson for
Offenders is hereby established within the Department to promote and protect
the health, safety and welfare of offenders and prepare offenders for
successful reentry into communities upon release. The Office must be impartial
and operationally independent of the Department.
2. The Board shall appoint the
Ombudsperson and may enter into a contract with a person to serve as
Ombudsperson. The Ombudsperson serves at the pleasure of the Board.
3. Except as otherwise provided in
subsection 6, the Ombudsperson may:
(a) Investigate and attempt to resolve grievances
arising out of, or relating to, issues within the authority and control of the
Department, including, without limitation, grievances relating to:
(1) Alleged abuse or neglect;
(2) Conditions of confinement;
(3) Alleged violations of any law of this
State; and
(4) Actions that may be inconsistent with
any policy, procedure, regulation or rule of the Department; and
(b) Propose policy or procedural changes to the
Department relating to any systemic issue identified by the Ombudsperson.
4. If the Ombudsperson has reason to
believe that a violation of a state or federal law or a constitutional
provision has occurred or is occurring, the Ombudsperson shall notify the
Director.
5. Except as otherwise provided in
subsection 6, the Ombudsperson shall:
(a) Review grievances entered into NOTIS;
(b) Provide such training as the Ombudsperson
determines to be necessary or advisable to promote the purpose described in
subsection 1 or suggest appropriate referrals for the provision of any such
training; and
(c) Prepare an annual report, which must include,
without limitation:
(1) Information concerning grievances
entered into NOTIS for the immediately preceding year, which must include:
(I) The total number of grievances
filed during the immediately preceding year;
(II) A summary of the claims
included in grievances filed during the immediately preceding year;
(III) The total number of
investigations conducted by the Department during the immediately preceding
year; and
(IV) The outcome of each
investigation conducted by the Department during the immediately preceding
year;
(2) A summary of the activities of the
Office during the immediately preceding year, including, without limitation,
information regarding any training provided by the Ombudsperson or referrals
made by the Ombudsperson;
(3) Any recommendations for proposed
legislation; and
(4) Any other information the Ombudsperson
determines is appropriate to include in the report.
6. The Ombudsperson shall not:
(a) Review, investigate or attempt to resolve any
grievance relating to a judgment of conviction; or
(b) Interfere with any ongoing investigation of
the Department, including, without limitation, any ongoing investigation being
conducted by the Inspector General of the Department.
7. The Department shall provide any funds
necessary to carry out the provisions of this section.
8. Notwithstanding any other provision of
law, the Department shall grant the Ombudsperson access to any information
concerning grievances entered into NOTIS or stored at an institution or
facility.
9. On or before December 1 of each year,
the Ombudsperson shall submit the report required by subsection 5 to the
Governor and to the Director of the Legislative Counsel Bureau for transmittal
to the Joint Interim Standing Committee on the Judiciary, if the report is
received during an odd-numbered year, or to the next session of the
Legislature, if the report is received during an even-numbered year.
10. As used in this section, NOTIS means
the Nevada Offender Tracking Information System or its successor.

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