211.245 - Civil action against prisoner who fails to make payment when due; temporary restraining order to prevent disposition of prisoner’s property; priority of payments for existing obligations.
211.245 Civil action against prisoner who fails to make payment when due; temporary restraining order to prevent disposition of prisoner’s property; priority of payments for existing obligations.
1. If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this State seeking recovery of:
(a) The amount of reimbursement due;
(b) Costs incurred in conducting an investigation of the financial status of the prisoner; and
(c) Attorney’s fees and costs.
2. A civil action brought pursuant to this section must:
(a) Be instituted in the name of the county or city in which the jail, detention facility or alternative program is located;
(b) Indicate the date and place of sentencing, including, without limitation, the name of the court which imposed the sentence;
(c) Include the record of judgment of conviction, if available;
(d) Indicate the length of time served by the prisoner and, if the prisoner has been released, the date of his or her release; and
(e) Indicate the amount of reimbursement that the prisoner owes to the county or city.
3. The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.
4. A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.
5. If necessary to prevent the disposition of the prisoner’s property by the prisoner, or the prisoner’s spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.
6. The payment, pursuant to a judicial order, of existing obligations for:
(a) Child support or alimony;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62E.270, 176.059, 176.0611, 176.0613 and 176.062,
Ê has priority over the payment of a judgment entered pursuant to this section.
(Added to NRS by 1995, 839; A 1999, 122; 2003, 1126, 2107)