AB246 - Revises provisions relating to offenders. (BDR 16-686)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 246 - *AB246_R1* ASSEMBLY BILL NO. 246–ASSEMBLYMEMBER CONSIDINE FEBRUARY 17, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to offenders. (BDR 16-686) 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 offenders; requiring the Department of Corrections, to the extent money is available, to establish vocational farm programs; authorizing the Department to engage the services of certain registered dietitians; authorizing the Department to adopt regulations relating to such dietitians; requiring the Department to issue a request for information and conduct a study on food services during the 2025-2026 interim; limiting the term of renewals of food service contracts during that period; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the Director of the Department of Corrections, with the 1 approval of the Board of State Prison Commissioners, to allow offenders to 2 participate in certain educational, civic and charitable programs deemed beneficial 3 to the community. (NRS 209.471) Section 1.1 of this bill requires the Department, 4 to the extent money is available, to establish vocational farm programs in such 5 institutions or facilities operated by the Department as the Director deems practical. 6 Section 1.1 also prescribes certain requirements applicable to any such vocational 7 farm program. 8 Under existing law, each offender in an institution or facility of the Department 9 must be provided a healthful diet. (NRS 209.381) Section 1.3 of this bill authorizes 10 the Department to contract for the services of, or accept the volunteer services of, a 11 registered dietitian who is not employed by the Department and is not affiliated 12 with a food service vendor that has a contract with the Department. Section 1.3 13 also: (1) authorizes the Department to adopt regulations concerning the roles and 14 responsibilities of any such registered dietitian; and (2) requires those regulations to 15 be adopted in accordance with the Nevada Administrative Procedure Act. (Chapter 16 233B of NRS) 17 – 2 – - *AB246_R1* Section 1.7 of this bill requires the Department to issue a request for 18 information regarding food service contracts during the 2025-2026 interim and 19 outlines specific requirements that must be included in the request. 20 Section 1.9 of this bill: (1) requires the Department to conduct a comprehensive 21 1-year study during the 2025–2026 interim to evaluate the food services provided 22 in institutions and facilities of the Department; (2) establishes specific requirements 23 for the study; and (3) requires the Department to publish the results of the study on 24 the Internet website of the Department. Additionally, section 1.9 provides that if 25 the Department renews a contract with a food service provider during the period in 26 which the study is conducted, the term of the renewal must not exceed 2 years. 27 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 1.1 and 1.3 of this act. 2 Sec. 1.1. 1. To the extent money is available for this 3 purpose, the Department shall establish vocational farm programs 4 in such institutions or facilities as the Director deems practical. 5 2. If a vocational farm program is established pursuant to 6 subsection 1: 7 (a) Participation in the program must be voluntary; and 8 (b) The program must: 9 (1) Comply with fair labor standards appropriate for 10 voluntary programs within correctional institutions; 11 (2) Implement sustainable agricultural practices suited to 12 the climate in this State; and 13 (3) Serve an educational and therapeutic purpose. 14 3. To the greatest extent practicable: 15 (a) Food produced through a vocational farm program 16 established pursuant to subsection 1 must be used in meals served 17 to offenders; and 18 (b) Any surplus of such food must be donated to charitable 19 organizations in the surrounding community. 20 Sec. 1.3. 1. The Department may contract for the services 21 of, or accept the volunteer services of, a registered dietitian who is 22 not employed by the Department and is not affiliated with a food 23 service vendor that has a contract with the Department. 24 2. The Department may adopt regulations concerning the 25 roles and responsibilities of a registered dietitian authorized to 26 provide services pursuant to subsection 1. Any such regulations 27 must be adopted in accordance with the provisions of chapter 28 233B of NRS. 29 3. As used in this section, “registered dietitian” has the 30 meaning ascribed to it in NRS 640E.080. 31 – 3 – - *AB246_R1* Sec. 1.5. NRS 233B.039 is hereby amended to read as follows: 1 233B.039 1. The following agencies are entirely exempted 2 from the requirements of this chapter: 3 (a) The Governor. 4 (b) Except as otherwise provided in subsection 7 and NRS 5 209.221 and 209.2473, and section 1.3 of this act, the Department 6 of Corrections. 7 (c) The Nevada System of Higher Education. 8 (d) The Office of the Military. 9 (e) The Nevada Gaming Control Board. 10 (f) Except as otherwise provided in NRS 368A.140 and 463.765, 11 the Nevada Gaming Commission. 12 (g) Except as otherwise provided in NRS 425.620, the Division 13 of Welfare and Supportive Services of the Department of Health and 14 Human Services. 15 (h) Except as otherwise provided in NRS 422.390, the Division 16 of Health Care Financing and Policy of the Department of Health 17 and Human Services. 18 (i) Except as otherwise provided in NRS 533.365, the Office of 19 the State Engineer. 20 (j) The Division of Industrial Relations of the Department of 21 Business and Industry acting to enforce the provisions of NRS 22 618.375. 23 (k) The Administrator of the Division of Industrial Relations of 24 the Department of Business and Industry in establishing and 25 adjusting the schedule of fees and charges for accident benefits 26 pursuant to subsection 2 of NRS 616C.260. 27 (l) The Board to Review Claims in adopting resolutions to carry 28 out its duties pursuant to NRS 445C.310. 29 (m) The Silver State Health Insurance Exchange. 30 2. Except as otherwise provided in subsection 5 and NRS 31 391.323, the Department of Education, the Board of the Public 32 Employees’ Benefits Program and the Commission on Professional 33 Standards in Education are subject to the provisions of this chapter 34 for the purpose of adopting regulations but not with respect to any 35 contested case. 36 3. The special provisions of: 37 (a) Chapter 612 of NRS for the adoption of an emergency 38 regulation or the distribution of regulations by and the judicial 39 review of decisions of the Employment Security Division of the 40 Department of Employment, Training and Rehabilitation; 41 (b) Chapters 616A to 617, inclusive, of NRS for the 42 determination of contested claims; 43 – 4 – - *AB246_R1* (c) Chapter 91 of NRS for the judicial review of decisions of the 1 Administrator of the Securities Division of the Office of the 2 Secretary of State; and 3 (d) NRS 90.800 for the use of summary orders in contested 4 cases, 5  prevail over the general provisions of this chapter. 6 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 7 233B.126 do not apply to the Department of Health and Human 8 Services in the adjudication of contested cases involving the 9 issuance of letters of approval for health facilities and agencies. 10 5. The provisions of this chapter do not apply to: 11 (a) Any order for immediate action, including, but not limited 12 to, quarantine and the treatment or cleansing of infected or infested 13 animals, objects or premises, made under the authority of the State 14 Board of Agriculture, the State Board of Health, or any other agency 15 of this State in the discharge of a responsibility for the preservation 16 of human or animal health or for insect or pest control; 17 (b) An extraordinary regulation of the State Board of Pharmacy 18 adopted pursuant to NRS 453.2184; 19 (c) A regulation adopted by the State Board of Education 20 pursuant to NRS 388.255 or 394.1694; 21 (d) The judicial review of decisions of the Public Utilities 22 Commission of Nevada; 23 (e) The adoption, amendment or repeal of policies by the 24 Rehabilitation Division of the Department of Employment, Training 25 and Rehabilitation pursuant to NRS 426.561 or 615.178; 26 (f) The adoption or amendment of a rule or regulation to be 27 included in the State Plan for Services for Victims of Crime by the 28 Department of Health and Human Services pursuant to 29 NRS 217.130; 30 (g) The adoption, amendment or repeal of rules governing the 31 conduct of contests and exhibitions of unarmed combat by the 32 Nevada Athletic Commission pursuant to NRS 467.075; 33 (h) The adoption, amendment or repeal of standards of content 34 and performance for courses of study in public schools by the 35 Council to Establish Academic Standards for Public Schools and the 36 State Board of Education pursuant to NRS 389.520; 37 (i) The adoption, amendment or repeal of the statewide plan to 38 allocate money from the Fund for a Resilient Nevada created by 39 NRS 433.732 established by the Department of Health and Human 40 Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; 41 or 42 (j) The adoption or amendment of a data request by the 43 Commissioner of Insurance pursuant to NRS 687B.404. 44 – 5 – - *AB246_R1* 6. The State Board of Parole Commissioners is subject to the 1 provisions of this chapter for the purpose of adopting regulations but 2 not with respect to any contested case. 3 7. The Department of Corrections is subject to the provisions 4 of this chapter for the purpose of adopting regulations relating to 5 fiscal policy, correspondence with inmates and visitation with 6 inmates of the Department of Corrections. 7 Sec. 1.7. 1. The Department of Corrections shall issue a 8 request for information during the 2025-2026 interim to gather data 9 on food service contracts that meet the annual needs of the 10 Department, for use in future contracting decisions. 11 2. A request for information issued pursuant to subsection 1 12 must: 13 (a) Be sent to at least two food service providers, at least one of 14 which must be a nonprofit organization; and 15 (b) Require the submission of: 16 (1) A proposal detailing the cost of providing food at the 17 current level of quality; and 18 (2) A proposal detailing the cost of providing food with 19 improved quality. 20 Sec. 1.9. 1. The Department of Corrections shall conduct a 21 comprehensive study to evaluate the food services in institutions and 22 facilities of the Department. The study must: 23 (a) Provide actionable insights to inform future policy decisions 24 on such food services; and 25 (b) Be completed within a 1-year period during the 2025-2026 26 interim. 27 2. In conducting the study required by subsection 1, the 28 Department shall: 29 (a) Use various data collection methods, including, without 30 limitation, surveys, interviews and focus groups, involving 31 Department staff and offenders; and 32 (b) Collect quantitative data to ensure any findings are 33 supported by a robust evidence base. 34 3. The study required by subsection 1 must include, without 35 limitation: 36 (a) A comprehensive cost analysis of the: 37 (1) Actual food service expenditures during the period in 38 which the study is conducted; and 39 (2) Projected costs for improving food quality, including any 40 anticipated increases in expenditures; 41 (b) A comparison of the nutritional value of current food service 42 offerings with a higher-quality alternative; 43 (c) An evaluation of food safety protocols and kitchen practices 44 in institutions or facilities of the Department; 45 – 6 – - *AB246_R1* (d) Documentation of any deviations from the approved menu at 1 each institution or facility of the Department, including both the 2 originally planned menu items and the substitutions provided; 3 (e) An assessment of food waste across institutions and facilities 4 of the Department during the period in which the study is 5 conducted; 6 (f) A 90-day pilot program offering a “Pick Your Own Menu” 7 option, measuring food waste levels before, during and after the test 8 period; 9 (g) An evaluation of the impact of food services on the physical 10 and mental health of offenders, including any correlations between 11 dietary quality and overall well-being; and 12 (h) An analysis of the role of commissaries in complementing or 13 supplementing the Department’s meal offerings, including the 14 extent to which offenders rely on commissary items to meet 15 nutritional or caloric needs. 16 4. The Department shall post the results of the study required 17 by subsection 1 on the Internet website of the Department. 18 5. If the Department renews a contract with a food service 19 provider during the period of the study required by this section, the 20 term of the renewal must not exceed 2 years. 21 Sec. 2. The amendatory provisions of this act do not apply to a 22 contract entered into before October 1, 2025, but do apply to any 23 renewal or extension of such a contract. 24 H