Text of NV SB 258 (2021)

S.B. 258 - *SB258* SENATE BILL NO. 258–SENATORS SCHEIBLE; D. HARRIS AND NEAL MARCH 16, 2021 ____________ JOINT SPONSORS: ASSEMBLYWOMEN NGUYEN AND PETERS ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to corrections. (BDR 16-825) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to corrections; requiring the Director of the Department of Corrections to adopt regulations prescribing certain standards concerning offenders who are transgender, gender non-conforming, gender non- binary and intersex; requiring a program of facility training for correctional staff to include training in cultural competency for interacting with offenders who are transgender, gender non-conforming, gender non- binary and intersex; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 5 of this bill requires the Director of the Department of Corrections to 1 adopt, with the approval of the Board of State Prison Commissioners, regulations 2 prescribing standards in each institution and facility of the Department for the 3 supervision, custody, care, security, housing and medical and mental health 4 treatment of offenders who are transgender, gender non-conforming, gender non- 5 binary and intersex. 6 Existing law authorizes the Director to develop and implement a program of 7 facility training, which includes certain training and courses for the correctional 8 staff in each institution and facility of the Department. (NRS 209.1315) Section 7 9 of this bill adds training in cultural competency for interacting with offenders who 10 are transgender, gender non-conforming, gender non-binary and intersex to the list 11 of training and courses constituting a program of facility training. 12 Section 2-4 of this bill define the terms “gender non-binary,” “gender non- 13 conforming” and “intersex” for the purposes of adopting regulations and 14 – 2 – - *SB258* developing and implementing a program of facility training. Section 6 of this bill 15 makes a conforming change to indicate the placement of sections 2-4 within the 16 Nevada Revised Statutes. 17 Section 8 of this bill requires the Director to adopt any regulations which are 18 required by or necessary to carry out the provisions of this bill on or before 19 January 1, 2022. 20 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 209 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 5, inclusive, of this 2 act. 3 Sec. 2. “Gender non-binary” means gender characteristics 4 or behaviors that do not conform to the traditional gender binary 5 of male and female. 6 Sec. 3. “Gender non-conforming” means gender 7 characteristics or behaviors that do not conform to those typically 8 associated with the biological sex of a person. 9 Sec. 4. “Intersex” means a condition in which a person is 10 born with external genitals, internal reproductive organs, 11 chromosome patterns or an endocrine system that does not 12 conform to the traditional gender binary of male and female. 13 Sec. 5. The Director shall adopt, with the approval of the 14 Board, regulations prescribing standards in each institution and 15 facility of the Department for the supervision, custody, care, 16 security, housing and medical and mental health treatment of 17 offenders who are transgender, gender non-conforming, gender 18 non-binary and intersex. The regulations must: 19 1. Apply the generally accepted standards of care and best 20 practices for the supervision, custody, care, security, housing and 21 medical and mental health treatment of offenders who are 22 transgender, gender non-conforming, gender non-binary and 23 intersex; 24 2. Use respectful language and currently accepted 25 terminology that accounts for and protects the rights of offenders 26 who are transgender, gender non-conforming, gender non-binary 27 and intersex; and 28 3. Prohibit discrimination against offenders who are 29 transgender, gender non-conforming, gender non-binary and 30 intersex. 31 Sec. 6. NRS 209.011 is hereby amended to read as follows: 32 209.011 As used in this chapter, unless the context otherwise 33 requires, the terms defined in NRS 209.021 to 209.085, inclusive, 34 – 3 – - *SB258* and sections 2, 3 and 4 of this act have the meanings ascribed to 1 them in those sections. 2 Sec. 7. NRS 209.1315 is hereby amended to read as follows: 3 209.1315 The Director may continue to develop and 4 implement, in each institution and facility of the Department, a 5 program of facility training for the correctional staff. Such training 6 must include: 7 1. Training in evidence-based practices, including, without 8 limitation, principles of effective intervention, effective case 9 management and core correctional practices . [; and] 10 2. Courses on interacting with victims of domestic violence 11 and trauma and people with behavioral health needs and both 12 physical and intellectual disabilities. 13 3. Training in cultural competency for interacting with 14 offenders who are transgender, gender non-conforming, gender 15 non-binary and intersex. 16 Sec. 8. The Director of the Department of Corrections shall, 17 on or before January 1, 2022, adopt any regulations which are 18 required by or necessary to carry out the provisions of this act. 19 Sec. 9. This act becomes effective upon passage and approval. 20 H