The Nevada Department of Corrections plans to limit the amount of money it deducts from inmates’ wages and gifts from loved ones to a maximum of 50 percent, down from 80 percent.

Inmates’ families and advocates spoke in public comment at the Nevada Board of Prison Commissioners meeting on Monday to share their concerns that inmates would not have enough money left after the 80 percent deduction to be able to purchase items such as additional food, hygiene items or phone time. The money deducted goes largely to victim restitution.

NDOC Director Charles Daniels signed off on an administrative regulation to approve the 80 percent deduction rate, which took effect in September.

After an outcry from inmate family members, board members, including Gov. Steve Sisolak, Attorney General Aaron Ford and Secretary of State Barbara Cegavske, voted in October to suspend the garnishment policy in order to further evaluate the amount taken from inmate’s accounts. 

“We closely evaluated all deductions allowable by statute, and the percentages that have been and could be applied, to focus our efforts in finding a balance with being compliant with the intent of Marsy’s Law, while alleviating the strain on inmates and their loved ones,” Venus Fajota, chief of purchasing and inmate services for the prison system, said at the meeting.

Marsy’s Law — the “Crime Victims’ Bill of Rights,” was approved by voters in 2018 and states that victims have the right to “have all monetary payments, money and property collected from any person who has been ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim.”

A “restitution” is ordered by the courts during an offender's judgment and conviction and is payable to a specific person, not the department. The Department of Corrections collects that restitution, then the Division of Parole and Probation administers it to specific victims. 

Department officials said they offer a package program where loved ones can purchase specific items directly or prepay phone time through a phone vendor, instead of depositing money in inmate accounts. Money from gift cards, prepaid phone cards or packaged items never goes into the inmate’s account so there's no deduction to be collected.

The board members agreed that by the next board meeting, they would consider additional legal research about whether the extra 30 percent already paid to restitution when the deduction rate was 80 percent could be returned to inmate accounts.