Bill > AB125

Introduced Session

Legislative Counsel's Digest: Existing law provides that under certain circumstances an offender may earn 1 credits to reduce his or her sentence of imprisonment, which must be deducted from 2 the maximum term or the maximum aggregate term imposed by a sentence. For 3 certain offenders, credits must also be deducted from the minimum term or the 4 minimum aggregate term imposed by a sentence. However, credits earned by 5 offenders convicted of certain offenses, such as a category B felony, may not be 6 deducted from the minimum term or the minimum aggregate term imposed by a 7 sentence. (NRS 209.4465) 8 Section 1 of this bill eliminates the restriction against deducting credits from 9 the minimum term or the minimum aggregate term imposed by a sentence for an 10 offender who has been convicted of a category B felony, but provides that an 11 offender who has been convicted of certain offenses remains ineligible to deduct 12 credits from the minimum term or minimum aggregate term imposed by a sentence. 13 Section 1 also revises the applicability of this provision to offenses committed on 14 or after July 1, 2007. Section 2 of this bill makes the changes in section 1 15 retroactive for offenders who committed offenses before October 1, 2021, the 16 effective date of this bill, unless doing so would violate the ex post facto clause of 17 the United States Constitution or Nevada Constitution. 18 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 209.4465 is hereby amended to read as 1 follows: 2 209.4465 1. An offender who is sentenced to prison for a 3 crime committed on or after July 17, 1997, who has no serious 4 infraction of the regulations of the Department, the terms and 5 conditions of his or her residential confinement or the laws of the 6 State recorded against the offender, and who performs in a faithful, 7 orderly and peaceable manner the duties assigned to the offender, 8 must be allowed: 9 (a) For the period the offender is actually incarcerated pursuant 10 to his or her sentence; 11 (b) For the period the offender is in residential confinement; and 12 (c) For the period the offender is in the custody of the Division 13 of Parole and Probation of the Department of Public Safety pursuant 14 to NRS 209.4886 or 209.4888, 15 a deduction of 20 days from his or her sentence for each month 16 the offender serves. 17 2. In addition to the credits allowed pursuant to subsection 1, 18 the Director may allow not more than 10 days of credit each month 19 for an offender whose diligence in labor and study merits such 20 credits. In addition to the credits allowed pursuant to this subsection, 21 an offender is entitled to the following credits for educational 22 achievement: 23 (a) For earning a general educational development certificate or 24 an equivalent document, 60 days. 25 (b) For earning a high school diploma, 90 days. 26 (c) For earning his or her first associate degree, 120 days. 27 3. The Director may, in his or her discretion, authorize an 28 offender to receive a maximum of 90 days of credit for each 29 additional degree of higher education earned by the offender. 30 4. The Director may allow not more than 10 days of credit each 31 month for an offender who participates in a diligent and responsible 32 manner in a center for the purpose of making restitution, program 33 for reentry of offenders and parolees into the community, 34 conservation camp, program of work release or another program 35 conducted outside of the prison. An offender who earns credit 36 pursuant to this subsection is eligible to earn the entire 30 days of 37 credit each month that is allowed pursuant to subsections 1 and 2. 38 5. The Director may allow not more than 90 days of credit each 39 year for an offender who engages in exceptional meritorious service. 40 6. The Board shall adopt regulations governing the award, 41 forfeiture and restoration of credits pursuant to this section. 42 7. Except as otherwise provided in subsections 8 and 9, credits 1 earned pursuant to this section: 2 (a) Must be deducted from the maximum term or the maximum 3 aggregate term imposed by the sentence, as applicable; and 4 (b) Apply to eligibility for parole unless the offender was 5 sentenced pursuant to a statute which specifies a minimum sentence 6 that must be served before a person becomes eligible for parole. 7 8. Credits earned pursuant to this section by an offender who 8 committed the offense on or after July 1, 2007, and who has not 9 been convicted of: 10 (a) Any crime that is punishable as a felony involving the use or 11 threatened use of force or violence against the victim; 12 (b) A sexual offense or an attempt to commit a sexual offense 13 that is punishable as a felony; 14 (c) A violation of NRS 484C.110, 484C.120, 484C.130 or 15 484C.430 that is punishable as a felony; or (d) A residential burglary pursuant to paragraph (a) of 17 subsection 1 of NRS 205.060 that was committed on or after 18 July 1, 2020; 19 (e) A habitual criminal adjudication pursuant to paragraph (a) 20 of subsection 1 of NRS 207.010; or 21 (f) A category A or B felony, apply to eligibility for parole and, except as otherwise provided 23 in subsection 9, must be deducted from the minimum term or the 24 minimum aggregate term imposed by the sentence, as applicable, 25 until the offender becomes eligible for parole and must be deducted 26 from the maximum term or the maximum aggregate term imposed 27 by the sentence, as applicable. 28 9. Credits deducted pursuant to subsection 8 may reduce the 29 minimum term or the minimum aggregate term imposed by the 30 sentence, as applicable, by not more than 58 percent for an offender 31 who: 32 (a) Is serving a sentence for an offense committed on or after 33 July 1, 2014; or 34 (b) On or after July 1, 2014, makes an irrevocable election to 35 have his or her consecutive sentences aggregated pursuant to 36 NRS 213.1212. 37 10. In addition to the credits allowed pursuant to this section, if 38 the Governor determines, by executive order, that it is necessary, the 39 Governor may authorize the deduction of not more than 5 days from 40 a sentence for each month an offender serves. This subsection must 41 be uniformly applied to all offenders under a sentence at the time 42 the Governor makes such a determination. 43

AI Summary

Committee Categories

Bea Duran (D)*,  Edgar Flores (D)*,  Rochelle Nguyen (D)*,  Howard Watts (D)*,  Sarah Peters (D),  Selena Torres-Fossett (D), 

(No further action taken.) (on 06/01/2021)

Official Document