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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to prisoners; making technical corrections to the statutes concerning credits against the sentences of certain prisoners; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 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 before

1-3 June 30, 1969, who has no serious infraction of the regulations of the

1-4 department, the terms and conditions of his residential confinement, or the

1-5 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 allowed

1-7 for his term a deduction of 2 months in each of the first 2 years, 4 months

1-8 in each of the next 2 years, and 5 months in each of the remaining years of

1-9 the term, and pro rata for any part of a year where the sentence is for more

1-10 or less than a year.

1-11 2. [The mode of reckoning credits must be as shown in the following

1-12 table:

2-1 SCHEDULE OF CREDITS

2-2 Number of years Good time Time to be served

2-3 of sentence. granted. Total good time made. if full time is made.

2-4 1st year 2 months 2 months 10 months

2-5 2nd year 2 months 4 months 1 year, 8 months

2-6 3rd year 4 months 8 months 2 years, 4 months

2-7 4th year 4 months 1 year 3 years

2-8 5th year 5 months 1 year, 5 months 3 years, 7 months

2-9 6th year 5 months 1 year, 10 months 4 years, 2 months

2-10 7th year 5 months 2 years, 3 months 4 years, 9 months

2-11 8th year 5 months 2 years, 8 months 5 years, 4 months

2-12 9th year 5 months 3 years, 1 month 5 years, 11 months

2-13 10th year 5 months 3 years, 6 months 6 years, 6 months

2-14 and so on through as many years as may be the term of the sentence.

2-15 3.] In addition to the credits for good behavior provided for in

2-16 subsection 1, the board shall adopt regulations allowing credits for

2-17 offenders whose diligence in labor or study merits the credits and for

2-18 offenders who donate their blood for charitable purposes. The regulations

2-19 must provide that an offender is entitled to the following credits for

2-20 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 [4.] 3. Each offender is entitled to the deductions allowed by this

2-25 section if he has satisfied the conditions of subsection 1 or [3] 2 as

2-26 determined by the director.

2-27 Sec. 2. NRS 209.443 is hereby amended to read as follows:

2-28 209.443 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 serious

2-30 infraction of the regulations of the department, the terms and conditions of

2-31 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 duties

2-33 assigned to him, must be allowed:

2-34 (a) For the period he is actually incarcerated under sentence; and

2-35 (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 of

2-37 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 more

2-39 or less than a year. Credit must be recorded on a monthly basis as earned

2-40 for actual time served.

3-1 2. [Credits accumulate as shown in the following table:

3-2 SCHEDULE OF CREDITS

3-3 Number of Good time Total good

3-4 years served. granted. time made.

3-5 1 year 2 months 2 months

3-6 2 years 2 months 4 months

3-7 3 years 4 months 8 months

3-8 4 years 4 months 1 year

3-9 5 years 5 months 1 year, 5 months

3-10 6 years 5 months 1 year, 10 months

3-11 7 years 5 months 2 years, 3 months

3-12 8 years 5 months 2 years, 8 months

3-13 9 years 5 months 3 years, 1 month

3-14 10 years 5 months 3 years, 6 months

3-15 and so on through as many years as may be the term of the sentence. The

3-16 "total good time made"] The credits earned by an offender must be

3-17 deducted from the maximum term imposed by the sentence and, except as

3-18 otherwise provided in subsection 5, [applies] apply to eligibility for parole.

3-19 3. In addition to the credits for good behavior provided for in

3-20 subsection 1, the board shall adopt regulations allowing credits for

3-21 offenders whose diligence in labor or study merits such credits and for

3-22 offenders who donate their blood for charitable purposes. The regulations

3-23 must provide that an offender is entitled to the following credits for

3-24 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 if

3-29 he has satisfied the conditions of subsection 1 or 3 as determined by the

3-30 director.

3-31 5. Credits earned pursuant to this section do not apply to eligibility for

3-32 parole if a statute specifies a minimum sentence which must be served

3-33 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 a

3-36 crime committed before July 1, 1985, and who is released on parole for a

3-37 term less than life must, if he has no serious infraction of the terms and

3-38 conditions of his parole or the laws of this state recorded against him, be

3-39 allowed for the period he is actually on parole a deduction of 2 months for

4-1 each of the first 2 years, 4 months for each of the next 2 years, and 5

4-2 months for each of the remaining years of the term, and pro rata for any

4-3 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. [Credits accumulate

4-5 pursuant to this subsection as shown in the table set forth in subsection 2 of

4-6 NRS 209.443.]

4-7 2. An offender who is sentenced after June 30, 1991, for a crime

4-8 committed on or after July 1, 1985, and who is released on parole for a

4-9 term less than life must, if he has no serious infraction of the terms and

4-10 conditions of his parole or the laws of this state recorded against him, be

4-11 allowed for the period he is actually on parole a deduction of 10 days from

4-12 his sentence for each month he serves.

4-13 3. An offender is entitled to the deductions authorized by this section

4-14 only if he satisfies the conditions of subsection 1 or 2, as determined by the

4-15 director. The chief parole and probation officer or other person responsible

4-16 for the supervision of an offender shall report to the director the failure of

4-17 an offender to satisfy those conditions.

4-18 4. Credits earned pursuant to this section must, in addition to any

4-19 credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.448 and

4-20 209.449, be deducted from the maximum term imposed by the sentence.

4-21 5. The director shall maintain records of the credits to which each

4-22 offender is entitled pursuant to this section.

4-23 Sec. 4. The amendatory provisions of this act do not affect any credits

4-24 earned against the sentence of a person sentenced to imprisonment in the

4-25 state prison for a crime committed before, on or after October 1, 1999.

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