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).

1-1 Section 1. NRS 209.429 is hereby amended to read as follows:

1-2 209.429 1. Except as otherwise provided in subsection 6, the director

2-1 (c) The director believes that the offender will be able to:

2-2 (1) Comply with the terms and conditions required under residential

2-3 confinement; and

2-4 (2) Complete successfully the remainder of the program of treatment

2-5 while under residential confinement.

2-6 If an offender assigned to the program of treatment pursuant to NRS

2-7 209.427, completes the initial phase of the program and thereafter refuses

2-8 to enter the remainder of the program of treatment pursuant to this section,

2-9 the offender forfeits all or part of the credits earned by him to reduce his

2-10 sentence pursuant to this chapter before this refusal, as determined by the

2-11 director. The director may provide for a forfeiture of credits pursuant to

2-12 this paragraph only after proof of the offense and notice to the offender,

2-13 and may restore credits forfeited for such reasons as he considers proper.

2-14 The decision of the director regarding such a forfeiture is final.

2-15 (d) The offender:

2-16 (1) Has not previously been assigned to the custody of the division

2-17 of parole and probation to serve a term of residential confinement

2-18 pursuant to this section or NRS 209.392; and

2-19 (2) Is not ineligible for assignment to the custody of the division of

2-20 parole and probation to serve a term of residential confinement pursuant

2-21 to the standards adopted by the director pursuant to subsection 3 of NRS

2-22 209.392.

2-23 2. Before a person may be assigned to serve a term of residential

2-24 confinement pursuant to this section, he must submit to the division of

2-25 parole and probation a signed document stating that:

2-26 (a) He will comply with the terms or conditions of his residential

2-27 confinement; and

2-28 (b) If he fails to comply with the terms or conditions of his residential

2-29 confinement and is taken into custody outside of this state, he waives all

2-30 his rights relating to extradition proceedings.

2-31 3. If an offender assigned to the custody of the division of parole and

2-32 probation pursuant to this section escapes or violates any of the terms or

2-33 conditions of his residential confinement:

2-34 (a) The division of parole and probation may, pursuant to the procedure

2-35 set forth in NRS 213.410, return the offender to the custody of the

2-36 department of prisons.

2-37 (b) The offender forfeits all or part of the credits earned by him to

2-38 reduce his sentence pursuant to this chapter before the escape or violation,

2-39 as determined by the director. The director may provide for a forfeiture of

2-40 credits pursuant to this paragraph only after proof of the offense and notice

2-41 to the offender, and may restore credits forfeited for such reasons as he

2-42 considers proper. The decision of the director regarding forfeiture of

2-43 credits is final.

3-1 4. The assignment of an offender to the custody of the division of

3-2 parole and probation pursuant to this section shall be deemed:

3-3 (a) A continuation of his imprisonment and not a release on parole; and

3-4 (b) For the purposes of NRS 209.341, an assignment to a facility of the

3-5 department of prisons,

3-6 except that the offender is not entitled to obtain any benefits or to

3-7 participate in any programs provided to offenders in the custody of the

3-8 department of prisons.

3-9 5. A person does not have a right to be assigned to the custody of the

3-10 division of parole and probation pursuant to this section, or to remain in

3-11 that custody after such an assignment, and it is not intended that the

3-12 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

3-13 any right or interest in liberty or property or establish a basis for any cause

3-14 of action against the state, its political subdivisions, agencies, boards,

3-15 commissions, departments, officers or employees.

3-16 6. The director shall not assign an offender [who is] to the custody of

3-17 the division of parole and probation to serve a term of residential

3-18 confinement if the offender:

3-19 (a) Is serving a sentence for committing a battery which constitutes

3-20 domestic violence pursuant to NRS 33.018 [to the custody of the division

3-21 of parole and probation to serve a term of residential confinement unless

3-22 the director makes a finding that the offender is not likely to pose a threat

3-23 to the victim of the battery.] ; or

3-24 (b) Is serving a sentence for driving under the influence of

3-25 intoxicating liquor or a controlled substance pursuant to NRS 484.3795

3-26 and has not served the minimum sentence imposed by the court for the

3-27 offense.

3-28 Sec. 2. The amendatory provisions of this act do not apply to offenses

3-29 that were committed before October 1, 1999.