Bill > AB160

Introduced Session

Legislative Counsel's Digest: Existing law authorizes a court that imposes a sentence of imprisonment in a 1 county jail or state prison to allow credit for time spent in confinement before 2 conviction to reduce the sentence. (NRS 176.055) In interpreting this provision of 3 existing law, the Nevada Supreme Court has held that residential confinement (also 4 known as house arrest ) served as a condition of bail does not constitute time 5 spent in confinement for which a court may award credit to reduce a sentence of 6 imprisonment. (State v. Dist. Ct. (Jackson), 121 Nev. 413, 416 (2005)) This bill: (1) 7 requires a court to allow credit for time spent in confinement before conviction to 8 reduce a sentence of imprisonment; (2) authorizes a court to allow credit for time 9 spent in residential confinement, in a person s place of residence under the terms 10 and conditions imposed by the court, before conviction to reduce a sentence of 11 imprisonment; and (3) limits the amount of credit for time spent in residential 12 confinement that a court may allow a defendant who has been found guilty of a 13 misdemeanor to the lesser of 25 percent of the amount of time which the defendant 14 spent in residential confinement before conviction or 60 days. 15 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 176.055 is hereby amended to read as follows: 176.055 1. Except as otherwise provided in subsection 2, 4, 2 whenever a sentence of imprisonment in the county jail or state 3 prison is imposed, the court may : (a) Shall order that credit be allowed against the duration of the 5 sentence, including any minimum term or minimum aggregate term, 6 as applicable, thereof prescribed by law, for the amount of time 7 which the defendant has actually spent in confinement before 8 conviction , ; and (b) Except as otherwise provided in subsection 2, may order 10 that credit be allowed against the duration of the sentence, 11 including any minimum term or minimum aggregate term, as 12 applicable, thereof prescribed by law, for the amount of time 13 which the defendant spent in residential confinement before 14 conviction, 15 unless the defendant s confinement or residential confinement 16 was pursuant to a judgment of conviction for another offense. 17 2. Whenever a sentence of imprisonment in the county jail is 18 imposed upon a defendant who has been found guilty of a 19 misdemeanor, the court may order that credit be allowed against 20 the duration of the sentence for the lesser of 25 percent of the 21 amount of time which the defendant spent in residential 22 confinement before conviction or 60 days, unless the defendant s 23 residential confinement was pursuant to a judgment of conviction 24 for another offense. 25 3. Credit allowed pursuant to this subsection 1 or 2 does not 26 alter the date from which the term of imprisonment is computed. 27 2. 4. A defendant who is convicted of a subsequent offense 28 which was committed while the defendant was: 29 (a) In custody on a prior charge is not eligible for any credit on 30 the sentence for the subsequent offense for time the defendant has 31 spent in confinement on the prior charge, unless the charge was 32 dismissed or the defendant was acquitted. 33 (b) Imprisoned in a county jail or state prison or on probation or 34 parole from a Nevada conviction is not eligible for any credit on the 35 sentence for the subsequent offense for the time the defendant has 36 spent in confinement which is within the period of the prior 37 sentence, regardless of whether any probation or parole has been 38 formally revoked. 39 5. As used in this section, residential confinement means 40 the confinement of a person to the person s place of residence 41 under the terms and conditions imposed by the court. 42 Sec. 2. The amendatory provisions of section 1 of this act 1 apply to: 2 1. An offense committed on or after October 1, 2021; and 3 2. An offense committed before October 1, 2021, if the person 4 is convicted on or after October 1, 2021. 5

AI Summary

Committee Categories

Edgar Flores (D)*,  Rochelle Nguyen (D)*,  Selena Torres-Fossett (D)*,  Howard Watts (D)*,  Natha Anderson (D),  Tracy Brown-May (D),  Cecelia González (D),  Elaine Marzola (D),  Cameron Miller (D),  Sarah Peters (D), 

(Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.) (on 05/15/2021)

Official Document