Assembly Bill No. 391–Committee on Judiciary
(On Behalf of Department of Prisons)
March 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Makes technical corrections to statutes concerning credits against sentences of certain prisoners. (BDR 16-454)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 209.433 is hereby amended to read as follows:1-2
209.433 1. Every offender who was sentenced to prison on or before1-3
June 30, 1969, who has no serious infraction of the regulations of the1-4
department, the terms and conditions of his residential confinement, or the1-5
laws of the state recorded against him, and who performs in a faithful,1-6
orderly and peaceable manner the duties assigned to him, must be allowed1-7
for his term a deduction of 2 months in each of the first 2 years, 4 months1-8
in each of the next 2 years, and 5 months in each of the remaining years of1-9
the term, and pro rata for any part of a year where the sentence is for more1-10
or less than a year.1-11
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subsection 1, the board shall adopt regulations allowing credits for2-17
offenders whose diligence in labor or study merits the credits and for2-18
offenders who donate their blood for charitable purposes. The regulations2-19
must provide that an offender is entitled to the following credits for2-20
educational achievement:2-21
(a) For earning a general equivalency diploma, 30 days.2-22
(b) For earning a high school diploma, 60 days.2-23
(c) For earning an associate degree, 90 days.2-24
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section if he has satisfied the conditions of subsection 1 or2-26
determined by the director.2-27
Sec. 2. NRS 209.443 is hereby amended to read as follows: 209.443 1. Every offender who is sentenced to prison after June 30,2-29
1969, for a crime committed before July 1, 1985, who has no serious2-30
infraction of the regulations of the department, the terms and conditions of2-31
his residential confinement, or the laws of the state recorded against him,2-32
and who performs in a faithful, orderly and peaceable manner the duties2-33
assigned to him, must be allowed:2-34
(a) For the period he is actually incarcerated under sentence; and2-35
(b) For the period he is in residential confinement,2-36
a deduction of 2 months for each of the first 2 years, 4 months for each of2-37
the next 2 years, and 5 months for each of the remaining years of the term,2-38
and pro rata for any part of a year where the actual term served is for more2-39
or less than a year. Credit must be recorded on a monthly basis as earned2-40
for actual time served.3-1
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deducted from the maximum term imposed by the sentence and, except as3-18
otherwise provided in subsection 5,3-19
3. In addition to the credits for good behavior provided for in3-20
subsection 1, the board shall adopt regulations allowing credits for3-21
offenders whose diligence in labor or study merits such credits and for3-22
offenders who donate their blood for charitable purposes. The regulations3-23
must provide that an offender is entitled to the following credits for3-24
educational achievement:3-25
(a) For earning a general equivalency diploma, 30 days.3-26
(b) For earning a high school diploma, 60 days.3-27
(c) For earning an associate degree, 90 days.3-28
4. Each offender is entitled to the deductions allowed by this section if3-29
he has satisfied the conditions of subsection 1 or 3 as determined by the3-30
director.3-31
5. Credits earned pursuant to this section do not apply to eligibility for3-32
parole if a statute specifies a minimum sentence which must be served3-33
before a person becomes eligible for parole.3-34
Sec. 3. NRS 209.447 is hereby amended to read as follows:3-35
209.447 1. An offender who is sentenced after June 30, 1991, for a3-36
crime committed before July 1, 1985, and who is released on parole for a3-37
term less than life must, if he has no serious infraction of the terms and3-38
conditions of his parole or the laws of this state recorded against him, be3-39
allowed for the period he is actually on parole a deduction of 2 months for4-1
each of the first 2 years, 4 months for each of the next 2 years, and 54-2
months for each of the remaining years of the term, and pro rata for any4-3
part of a year where the actual term served is for more or less than a year.4-4
Credit must be recorded on a monthly basis as earned.4-5
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2. An offender who is sentenced after June 30, 1991, for a crime4-8
committed on or after July 1, 1985, and who is released on parole for a4-9
term less than life must, if he has no serious infraction of the terms and4-10
conditions of his parole or the laws of this state recorded against him, be4-11
allowed for the period he is actually on parole a deduction of 10 days from4-12
his sentence for each month he serves.4-13
3. An offender is entitled to the deductions authorized by this section4-14
only if he satisfies the conditions of subsection 1 or 2, as determined by the4-15
director. The chief parole and probation officer or other person responsible4-16
for the supervision of an offender shall report to the director the failure of4-17
an offender to satisfy those conditions.4-18
4. Credits earned pursuant to this section must, in addition to any4-19
credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.448 and4-20
209.449, be deducted from the maximum term imposed by the sentence.4-21
5. The director shall maintain records of the credits to which each4-22
offender is entitled pursuant to this section.4-23
Sec. 4. The amendatory provisions of this act do not affect any credits4-24
earned against the sentence of a person sentenced to imprisonment in the4-25
state prison for a crime committed before, on or after October 1, 1999.~