U.S. Department
of Justice
State of Nevada ex rel. Nevada Department of Corrections
On June 20, 2016, the Justice Department issued a letter of findings concluding that the Nevada Department of Corrections’ (NDOC) policies and practices for housing and employing inmates with disabilities violate Title II of the Americans with Disabilities Act (ADA). The department found that NDOC’s discriminatory practices have resulted in the illegal segregation and stigmatization of inmates with HIV and the incarceration of inmates with disabilities for longer periods, in more restrictive settings, than inmates without disabilities.
On February 11, 2021, the Department of Justice reached an agreement to resolve its findings that NDOC unjustifiably isolated and segregated inmates with HIV, failed to keep their HIV status confidential, and denied them equal employment opportunities, including in food service positions. The agreement also resolves the department’s findings that NDOC denied inmates with disabilities—including mobility disabilities, HIV, and other physical or mental health conditions—classification and housing at lower-custody levels and facilities. At these lower-custody facilities, inmates have the opportunity to participate in various programs and gradually reintegrate back into the community as well as earn additional credits to reduce the lengths of their sentences. Under the agreement, Nevada will amend its policies, practices, and procedures, train NDOC staff and inmates on HIV and disability discrimination, designate statewide and facility-specific ADA Coordinators, and implement an ADA grievance procedure. On July 7, 2023, the Department and Nevada entered into an 18-month extension and addendum to the agreement. The extension was necessary because the global COVID-19 pandemic required Nevada to take measures to prevent and mitigate the spread of the virus within its facilities and allocate resources to its COVID-19 response.