Nevada

In July, New Jersey Governor Phil Murphy signed the country’s most progressive legislative restriction on solitary confinement. The Isolation Confinement Restriction Act, which takes effect in August of next year, prohibits solitary confinement for more than 20 consecutive days or longer than 30 days during a 60-day period. It also disallows the use of solitary for vulnerable populations, such as people with mental illnesses, people under 21, pregnant women, or people with developmental disabilities. Furthermore, to protect incarcerated people, the law requires mental health evaluations before and during placement in solitary confinement.
NEV. CONST. Art. 1, § 6 (“Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.”).

Open Question: No court has ever held that there is an implied right of action under the Nevada constitution, but it has not been completely foreclosed. Compare Janda v. City of Henderson, No. 20 Civ. 84, 2006 WL 8442837, at *2 (D. Nev. Sept. 28, 2006) (granting motion to dismiss because plaintiffs offered no argument for whether a private right of action existed under Nevada Constitution) with Lopez v. Homan, No. 19 Civ. 98, 2020 WL 3949260, at *9 (D. Nev. May 11, 2020) (“[T]here does not seem to be authority that an inmate cannot argue a conditions of confinement claim under Nevada’s Constitution.”).

TIME LIMITS – 20 days per 60 day period, max, also limits on mental health and other vulnerable pops.

Back to Map