Deadly Nevada prison shooting prompts legislative concerns

CARSON CITY — Civil libertarians raised new concerns Friday over a bill sought by the Nevada Department of Corrections to make all agency records confidential following this week’s revelations that an inmate was shot and killed by a state prison guard four months ago.

“In light of these developments, it brings into serious question the reason the Department of Corrections might have for bringing Senate Bill 57,” said Tod Story, executive director of the American Civil Liberties Union of Nevada.

Carlos Manuel Perez, 28, died Nov. 12 at High Desert State Prison, 45 miles northwest of Las Vegas.

While his death was reported by the Department of Corrections soon afterward, it wasn’t until Wednesday that it was revealed he was shot and killed by a prison guard.

A second inmate, Andrew Arevalo, also was shot but survived. His attorney, Alexis Plunkett, said both inmates were handcuffed behind the backs when the shooting happened.

The Department of Corrections said the guard who fired on the inmates and two others were placed on leave pending an investigation. The Nevada Division of Investigation conducted the probe and turned its findings over to the state attorney general’s office on Thursday.

The ACLU filed a series of public records requests for information about the shootings and events leading up to it, Amy Rose, ACLU legal director, said Friday.

The ACLU requested any videos, audio recordings or photographs taken at the scene, as well as inmate disciplinary records, training records for the guards involved and investigative reports.

“I think we can all universally acknowledge that this is not something that should have happened,” Rose said.

Perez was serving 18 months to four years for battery causing substantial bodily harm. He was due for release this month.

As written, SB57 would make offender records and documents maintained by the department confidential and remove them from disclosure under public records requests.

Current regulations list the types of department records and information that are confidential. Under the bill, all information would be confidential unless deemed public by regulations proposed by the department and approved by the state Board of Prison Commissioners.

The bill would also prohibit offenders, during their time of incarceration, from requesting records held by the department. There would be an exception for records pertaining to their criminal proceeding or appeal. The bill says it wouldn’t prevent an offender from exercising “any right, privilege or immunity” secured by the U.S. or state constitutions.

During a hearing in February before the Senate Judiciary Committee, corrections officials said the intent of the bill is a security concern and an effort to reduce what they called “nuisance” records requests by inmates.

Department of Corrections Director Greg Cox said inmates request information on prison staffing, years of menus, even electricity use for a fax machine at Ely State Prison.

But another section seeks blanket confidentiality to records unless otherwise specified, even those requested by the general public or news media.

“What we are trying to accomplish with this is basically to allow the department to determine through its administration regulations the information that is public,” said Brian Connett, Department of Corrections deputy director.

Barry Smith, executive director of the Nevada Press Association, said the proposal is contrary to current law.

“What it does … is it goes counter to the policy that this body has adopted, which is that all records are public except when exempted,” he testified.

The ACLU opposed the bill but said at the time it would work with the agency on possible amendments to address its concerns about public access, freedom of information and protecting inmates’ rights.

Cox was amenable.

“I certainly agree with the transparency and media review of our operations,” he told the committee. “I’ve really tried … to provide for the transparency of the department.”

He said his ultimate concern is for the safety and security of the institutions.

The bill was heard by the committee Feb. 12 and no action has yet been taken.

Contact Sandra Chereb at schereb@reviewjournal.com or 775-687-3901. Find her on Twitter: @SandraChereb