Institution or facility required to provide offender with access to certain mail; procedure for exemption from requirement

1. Except as otherwise provided in subsection 2, an institution or facility shall provide an offender with the original, physical copy of any mail addressed to the offender that the offender is entitled and allowed to receive. 2. The Director may, with the approval of the Board, adopt regulations exempting the Department from the requirements prescribed by subsection 1 if the Department conducts a study and determines, using evidence-based methods, that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS. 3. Any regulation adopted pursuant to subsection 2 which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities. 4. As soon as reasonably practicable after adopting a regulation pursuant to subsection 2, the Director shall submit the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary. 5. As used in this section, “original, physical copy” means a letter, card or other document received by the institution or facility from the United States Postal Service or other delivery service. The term does not include mail that is scanned, photocopied or otherwise duplicated by the institution or facility or any entity contracted by the institution or facility to provide such a service.