SB267 - Revises provisions relating to law enforcement. (BDR 16-726)

S.B. 267 - *SB267* SENATE BILL NO. 267–SENATOR ELLISON MARCH 4, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER GURR ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to law enforcement. (BDR 16-726) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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 law enforcement; requiring a county or city jail or detention facility to notify federal immigration authorities under certain circumstances; revising certain requirements related to model policies which provide guidance and training recommendations to state or local law enforcement agencies and are published by the Attorney General; repealing certain provisions related to the questioning of a prisoner about immigration status; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that before a prisoner who is in the custody of a county 1 or city jail or detention facility is questioned about his or her immigration status, 2 the prisoner must be informed about the purpose of the questions. (NRS 211.007) 3 Section 3 of this bill repeals this provision. 4 Section 1 of this bill provides that if a county or city jail or detention facility 5 determines that a prisoner has been charged with certain offenses and is unlawfully 6 present in the United States or did not possess the necessary documents when 7 applying for admission, the county or city jail or detention facility must provide 8 certain information concerning the prisoner to a United States Immigration and 9 Customs Enforcement officer. 10 Existing law requires the Attorney General to publish model policies which 11 provide guidance and training recommendations to state and local law enforcement 12 agencies. In relevant part, existing law requires these model policies to limit, to the 13 fullest extent practicable, the engagement of state and local law enforcement 14 agencies with federal immigration authorities for the purpose of immigration 15 – 2 – - *SB267* enforcement. (NRS 228.206) Section 2 of this bill removes the requirement that the 16 model policies include these provisions related to immigration. 17 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 211 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. If a county or city jail or detention facility determines that 3 a prisoner has been charged with a designated offense and is 4 unlawfully present in the United States or did not possess the 5 necessary documents when applying for admission, the county or 6 city jail or detention facility shall provide the name of the prisoner 7 and the offense for which the prisoner was charged to a United 8 States Immigration and Customs Enforcement officer. 9 2. As used in this section, “designated offense” means: 10 (a) A crime of violence, as defined in NRS 200.120; 11 (b) A battery that constitutes domestic violence pursuant to 12 NRS 33.018; 13 (c) A violation of NRS 484C.110, 484C.120, 484C.130, 14 484C.430, 488.410, 488.420 or 488.425; 15 (d) A violation of NRS 453.3385, 453.3387 or 453.339; or 16 (e) An offense involving burglary, theft or larceny. 17 Sec. 2. NRS 228.206 is hereby amended to read as follows: 18 228.206 1. The Attorney General shall, in consultation with 19 relevant stakeholders and the Keep Nevada Working Task Force 20 created by NRS 225.520, publish model policies which provide 21 guidance and training recommendations to state or local law 22 enforcement agencies. The model policies must prioritize guidance 23 and training recommendations which [: 24 (a) Foster] foster trust between the community and state or local 25 law enforcement agencies . [; and 26 (b) Limit, to the fullest extent practicable and consistent with 27 any applicable law, the engagement of state or local law 28 enforcement agencies with federal immigration authorities for the 29 purpose of immigration enforcement.] 30 2. Each state or local law enforcement agency shall: 31 (a) Adopt policies consistent with the model policies of the 32 Attorney General published pursuant to subsection 1; or 33 (b) Notify the Attorney General that the state or local law 34 enforcement agency is not adopting policies consistent with the 35 model policies of the Attorney General. 36 3. The notification described in paragraph (b) of subsection 2 37 must include, without limitation: 38 – 3 – - *SB267* (a) The reason that the state or local law enforcement agency is 1 not adopting policies consistent with the model policies of the 2 Attorney General; and 3 (b) A copy of the policies of the state or local law enforcement 4 agency. 5 4. As used in this section, “state or local law enforcement 6 agency” means: 7 (a) The sheriff’s office of a county; 8 (b) A metropolitan police department; 9 (c) A police department of an incorporated city; 10 (d) Any entity authorized to operate a prison, jail or detention 11 facility, including, without limitation, any facility for the detention 12 of juveniles; 13 (e) The Division of Parole and Probation of the Department of 14 Public Safety; 15 (f) Any department of alternative sentencing; and 16 (g) Any other state or local agency, office, bureau, department, 17 unit or division created by any statute, ordinance or rule which: 18 (1) Has a duty to enforce the law; and 19 (2) Employs any person upon whom some or all of the 20 powers of a peace officer are conferred pursuant to NRS 289.150 to 21 289.360, inclusive. 22 Sec. 3. NRS 211.007 is hereby repealed. 23 TEXT OF REPEALED SECTION 211.007 Required information before questioning prisoner regarding immigration status. Before questioning a prisoner who is in the custody of a county or city jail or detention facility regarding his or her immigration status, the person seeking to question the prisoner shall inform the prisoner of the purpose of the questions regarding the immigration status of the prisoner. H