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 483.461 is hereby amended to read as follows:

1-2 483.461 1. If subsection 1 of NRS 484.379 does not apply and the

2-1 2. If a revocation or suspension of a person’s license, permit or

2-2 privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795

2-3 follows a suspension ordered pursuant to subsection 1, the department

2-4 shall:

2-5 (a) Cancel the suspension ordered pursuant to subsection 1; and

2-6 (b) Give the person credit toward the period of revocation or suspension

2-7 ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is

2-8 applicable, for any period during which the person’s license, permit or

2-9 privilege to drive was suspended pursuant to subsection 1.

2-10 3. This section does not preclude:

2-11 (a) The prosecution of a person for a violation of any other provision of

2-12 law; or

2-13 (b) The suspension or revocation of a person’s license, permit or

2-14 privilege to drive pursuant to any other provision of law.

2-15 Sec. 2. NRS 483.462 is hereby amended to read as follows:

2-16 483.462 1. [A peace officer who has received the result of] If

2-43 (1) Any license or permit seized pursuant to paragraph (b); and

3-1 (2) The written certificate which the peace officer is required to

3-2 prepare pursuant to subsection 1.

3-3 3. If subsection 1 of NRS 484.379 does not apply and a person who is

3-4 less than 21 years of age to whom a test is given pursuant to NRS 484.382

3-5 or 484.383 is not present when a peace officer receives the result of the test

3-6 and the test indicates that the person has 0.02 or more but less than 0.10

3-7 percent by weight of alcohol in his blood, the peace officer shall transmit

3-8 to the department a copy of the result of the test and the written certificate

3-9 which the peace officer is required to prepare pursuant to subsection 1.

3-10 4. The department, upon receiving a copy of the result of the test and

3-11 the written certificate transmitted by the peace officer pursuant to

3-12 subsection 3, shall:

3-13 (a) Review the result of the test and the written certificate; and

3-14 (b) If the department determines that it is appropriate, issue an order to

3-15 suspend the license, permit or privilege to drive of the person by mailing

3-16 the order to the person at his last known address.

3-17 5. An order for suspension issued by the department pursuant to

3-18 subsection 4 must:

3-19 (a) Explain the grounds for the suspension;

3-20 (b) Indicate the period of the suspension;

3-21 (c) Require the person to transmit to the department any license or

3-22 permit held by the person; and

3-23 (d) Explain that the person has a right to administrative and judicial

3-24 review of the suspension.

3-25 6. An order for suspension issued by the department pursuant to

3-26 subsection 4 is presumed to have been received by the person 5 days after

3-27 the order is deposited, postage prepaid, in the United States mail by the

3-28 department. The date of mailing of the order may be shown by a certificate

3-29 that is prepared by an officer or employee of the department specifying the

3-30 date of mailing.

3-31 Sec. 3. Chapter 484 of NRS is hereby amended by adding thereto the

3-32 provisions set forth as sections 4 and 5 of this act.

3-33 Sec. 4. The phrase "at least 0.08 percent, but less than 0.10 percent,

3-34 by weight of alcohol in his blood" means a concentration of alcohol in

3-35 the blood or breath of a person of at least 0.08 gram, but less than 0.10

3-36 gram, by weight of alcohol:

3-37 1. Per 100 milliliters of his blood; or

3-38 2. Per 210 liters of his breath.

3-39 Sec. 5. The phrase "0.08 percent or more by weight of alcohol in his

3-40 blood" means a concentration of alcohol in the blood or breath of a

3-41 person of 0.08 gram or more by weight of alcohol:

3-42 1. Per 100 milliliters of his blood; or

3-43 2. Per 210 liters of his breath.

4-1 Sec. 6. NRS 484.013 is hereby amended to read as follows:

4-2 484.013 As used in this chapter, unless the context otherwise requires,

4-5 sections.

4-6 Sec. 7. NRS 484.0135 is hereby amended to read as follows:

4-7 484.0135 The phrase "0.10 percent or more by weight of alcohol in his

4-11 2. Per 210 liters of his breath.

4-12 Sec. 8. NRS 484.379 is hereby amended to read as follows:

4-13 484.379 1. [It is unlawful for any person] Unless a greater penalty is

4-42 controlled substance [, or any person who inhales,] ; or

5-1 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

5-2 organic solvent, or any compound or combination of any of these, to a

5-3 degree which renders him incapable of safely driving or exercising actual

5-4 physical control of a vehicle [to drive or be in actual physical control of a

5-5 vehicle on a highway or on premises to which the public has access.] ,

5-6 shall be punished as provided in NRS 484.3792. The fact that any person

5-7 charged with a violation of this subsection is or has been entitled to use

5-8 that drug under the laws of this state is not a defense against any charge of

5-9 violating this subsection.

5-10 [3.] 4. If consumption is proven by a preponderance of the evidence, it

5-11 is an affirmative defense under paragraph [(c)] (b) of subsection 1 or

5-12 paragraph (c) of subsection 2 that the defendant consumed a sufficient

5-13 quantity of alcohol after driving or being in actual physical control of the

5-14 vehicle, and before his blood was tested, to cause the alcohol in his blood

5-15 to equal or exceed [0.10 percent.] the percentage set forth in the

5-16 applicable paragraph. A defendant who intends to offer this defense at a

5-17 trial or preliminary hearing must, not less than 14 days before the trial or

5-18 hearing or at such other time as the court may direct, file and serve on the

5-19 prosecuting attorney a written notice of that intent.

5-20 Sec. 9. NRS 484.3792 is hereby amended to read as follows:

5-21 484.3792 1. A person who violates the provisions of NRS 484.379:

5-43 or 5.0755 to 5.078, inclusive;

6-1 (2) Shall fine him not less than [$500] $750 nor more than $1,000;

6-2 [and]

6-3 (3) Shall order him to perform [not less than 100 hours, but not more

6-4 than 200 hours,] 200 hours of work for the community while dressed in

6-5 distinctive garb that identifies him as having violated the provisions of

6-6 NRS 484.379 ; [, unless the court finds that extenuating circumstances

6-7 exist;] and

6-8 (4) May order him to attend a program of treatment for the abuse of

6-9 alcohol or drugs pursuant to the provisions of NRS 484.37945.

6-10 A person who willfully fails or refuses to complete successfully a term of

6-11 residential confinement or a program of treatment ordered pursuant to this

6-12 paragraph is guilty of a misdemeanor.

6-13 (c) For a third or subsequent offense within 7 years, is guilty of a

6-14 category B felony and shall be punished by imprisonment in the state

6-15 prison for a minimum term of not less than 1 year and a maximum term of

6-16 not more than 6 years, and shall be further punished by a fine of not less

6-17 than $2,000 nor more than $5,000. An offender so imprisoned must,

6-18 insofar as practicable, be segregated from offenders whose crimes were

6-19 violent and, insofar as practicable, be assigned to an institution or facility

6-20 of minimum security.

6-21 2. An offense that occurred within 7 years immediately preceding the

6-22 date of the principal offense or after the principal offense constitutes a

6-23 prior offense for the purposes of this section when evidenced by a

6-24 conviction, without regard to the sequence of the offenses and convictions.

6-25 The facts concerning a prior offense must be alleged in the complaint,

6-26 indictment or information, must not be read to the jury or proved at trial

6-27 but must be proved at the time of sentencing and, if the principal offense is

6-28 alleged to be a felony, must also be shown at the preliminary examination

6-29 or presented to the grand jury.

6-30 3. A person convicted of violating the provisions of NRS 484.379

6-31 must not be released on probation, and a sentence imposed for violating

6-32 those provisions must not be suspended except, as provided in NRS 4.373,

6-33 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

6-34 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

6-35 a charge of violating the provisions of NRS 484.379 in exchange for a plea

6-36 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

6-37 any other reason unless he knows or it is obvious that the charge is not

6-38 supported by probable cause or cannot be proved at the time of trial.

6-39 4. A term of confinement imposed pursuant to the provisions of this

6-40 section may be served intermittently at the discretion of the judge or justice

6-41 of the peace, except that a person who is convicted of a second or

6-42 subsequent offense within 7 years must be confined for at least one

6-43 segment of not less than 48 consecutive hours. This discretion must be

7-1 exercised after considering all the circumstances surrounding the offense,

7-2 and the family and employment of the offender, but any sentence of 30

7-3 days or less must be served within 6 months after the date of conviction or,

7-4 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

7-5 the suspension of his sentence was revoked, within 6 months after the date

7-6 of revocation. Any time for which the offender is confined must consist of

7-7 not less than 24 consecutive hours.

7-8 5. Jail sentences simultaneously imposed pursuant to this section and

7-9 NRS 483.560 or 485.330 must run consecutively.

7-10 6. If the person who violated the provisions of NRS 484.379 possesses

7-11 a driver’s license issued by a state other than the State of Nevada and does

7-12 not reside in the State of Nevada, in carrying out the provisions of

7-13 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

7-14 (a) Order the person to pay tuition for and submit evidence of

7-15 completion of an educational course on the abuse of alcohol and controlled

7-16 substances approved by a governmental agency of the state of his residence

7-17 within the time specified in the order; or

7-18 (b) Order him to complete an educational course by correspondence on

7-19 the abuse of alcohol and controlled substances approved by the department

7-20 within the time specified in the order,

7-21 and the court shall notify the department if the person fails to complete the

7-22 assigned course within the specified time.

7-23 7. If the defendant was transporting a person who is less than 15 years

7-24 of age in the motor vehicle at the time of the violation, the court shall

7-25 consider that fact as an aggravating factor in determining the sentence of

7-26 the defendant.

7-27 8. As used in this section, unless the context otherwise requires,

7-28 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

7-29 resulting from the driving of a vehicle while under the influence of

7-30 intoxicating liquor or a controlled substance, or the violation of a law of

7-31 any other jurisdiction that prohibits the same or similar conduct.

7-32 Sec. 10. NRS 484.37943 is hereby amended to read as follows:

7-33 484.37943 1. If a person is found guilty of a first violation [,] of

7-43 other drugs.

8-1 3. Except as otherwise provided in subsection 4 or 5, the evaluation of

8-2 an offender pursuant to this section must be conducted at an evaluation

8-3 center by:

8-4 (a) A counselor certified to make that evaluation by the bureau of

8-5 alcohol and drug abuse of the rehabilitation division of the department of

8-6 employment, training and rehabilitation;

8-7 (b) A physician certified to make that evaluation by the board of

8-8 medical examiners; or

8-9 (c) A person who is approved to make that evaluation by the bureau of

8-10 alcohol and drug abuse of the rehabilitation division of the department of

8-11 employment, training and rehabilitation,

8-12 who shall report to the court the results of the evaluation and make a

8-13 recommendation to the court concerning the length and type of treatment

8-14 required for the offender.

8-15 4. The evaluation of an offender who resides more than 30 miles from

8-16 an evaluation center may be conducted outside an evaluation center by a

8-17 person who has the qualifications set forth in subsection 3. The person who

8-18 conducts the evaluation shall report to the court the results of the

8-19 evaluation and make a recommendation to the court concerning the length

8-20 and type of treatment required for the offender.

8-21 5. The evaluation of an offender who resides in another state may,

8-22 upon approval of the court, be conducted in the state where the offender

8-23 resides by a physician or other person who is authorized by the appropriate

8-24 governmental agency in that state to conduct such an evaluation. The

8-25 offender shall ensure that the results of the evaluation and the

8-26 recommendation concerning the length and type of treatment for the

8-27 offender are reported to the court.

8-28 6. An offender who is evaluated pursuant to this section shall pay the

8-29 cost of the evaluation. An evaluation center or a person who conducts an

8-30 evaluation in this state outside an evaluation center shall not charge an

8-31 offender more than $100 for the evaluation.

8-32 Sec. 11. NRS 484.3795 is hereby amended to read as follows:

8-33 484.3795 1. A person who:

9-1 (e) Inhales, ingests, applies or otherwise uses any chemical, poison or

9-2 organic solvent, or any compound or combination of any of these, to a

9-3 degree which renders him incapable of safely driving or exercising actual

9-4 physical control of a vehicle,

9-5 and does any act or neglects any duty imposed by law while driving or in

9-6 actual physical control of any vehicle on or off the highways of this state,

9-7 if the act or neglect of duty proximately causes the death of, or substantial

9-8 bodily harm to, a person other than himself, is guilty of a category B

9-9 felony and shall be punished by imprisonment in the state prison for a

9-10 minimum term of not less than 2 years and a maximum term of not more

9-11 than 20 years and [must] shall be further punished by a fine of not less

9-12 than $2,000 nor more than $5,000. A person so imprisoned must, insofar

9-13 as practicable, be segregated from offenders whose crimes were violent

9-14 and, insofar as practicable, be assigned to an institution or facility of

9-15 minimum security.

9-16 2. A prosecuting attorney shall not dismiss a charge of violating the

9-17 provisions of subsection 1 in exchange for a plea of guilty, guilty but

9-18 mentally ill or nolo contendere to a lesser charge or for any other reason

9-19 unless he knows or it is obvious that the charge is not supported by

9-20 probable cause or cannot be proved at the time of trial. A sentence imposed

9-21 pursuant to subsection 1 [may] must not be suspended [nor may] and

9-22 probation must not be granted.

9-23 3. If consumption is proven by a preponderance of the evidence, it is

9-24 an affirmative defense under paragraph (c) of subsection 1 that the

9-25 defendant consumed a sufficient quantity of alcohol after driving or being

9-26 in actual physical control of the vehicle, and before his blood was tested, to

9-27 cause the alcohol in his blood to equal or exceed [0.10] 0.08 percent. A

9-28 defendant who intends to offer this defense at a trial or preliminary hearing

9-29 must, not less than 14 days before the trial or hearing or at such other time

9-30 as the court may direct, file and serve on the prosecuting attorney a written

9-31 notice of that intent.

9-32 4. If the defendant was transporting a person who is less than 15 years

9-33 of age in the motor vehicle at the time of the violation, the court shall

9-34 consider that fact as an aggravating factor in determining the sentence of

9-35 the defendant.

9-36 Sec. 12. NRS 484.384 is hereby amended to read as follows:

9-37 484.384 1. If the result of a test given [under] pursuant to NRS

10-1 2. If a revocation of a person’s license, permit or privilege to drive

10-2 [under] pursuant to NRS 62.227 or 483.460 follows a revocation [under

10-3 subsection 1 which was based on his having 0.10 percent or more by

10-4 weight of alcohol in his blood,] pursuant to subsection 1 that was based

10-5 upon a violation of subsection 1 or subsection 2 of NRS 484.379, the

10-6 department shall cancel the revocation under that subsection and give the

10-7 person credit for any period during which he was not eligible for a license,

10-8 permit or privilege.

10-9 3. Periods of ineligibility for a license, permit or privilege to drive

10-10 which are imposed pursuant to this section must run consecutively.

10-11 Sec. 13. NRS 484.385 is hereby amended to read as follows:

10-12 484.385 1. As agent for the department, the officer who obtained the

10-43 person and whether he issued the person a temporary license.

11-1 [3.] 4. The department, upon receipt of [such] a certificate for which

11-2 an order of revocation has not been served, after examining the certificate

11-3 and copy of the result of the chemical test, if any, and finding that

11-4 revocation is proper, shall issue an order revoking the person’s license,

11-5 permit or privilege to drive by mailing the order to the person at his last

11-6 known address. The order must indicate the grounds for the revocation and

11-7 the period during which the person is not eligible for a license, permit or

11-8 privilege to drive and state that the person has a right to administrative and

11-9 judicial review of the revocation and to have a temporary license. The

11-10 order of revocation becomes effective 5 days after mailing.

11-11 [4.] 5. Notice of an order of revocation and notice of the affirmation of

11-12 a prior order of revocation or the cancellation of a temporary license

11-13 provided in NRS 484.387 is sufficient if it is mailed to the person’s last

11-14 known address as shown by any application for a license. The date of

11-15 mailing may be proved by the certificate of any officer or employee of the

11-16 department, specifying the time of mailing the notice. The notice is

11-17 presumed to have been received upon the expiration of 5 days after it is

11-18 deposited, postage prepaid, in the United States mail.

11-19 [5.] 6. As used in this section, "controlled substance" means any of the

11-20 following substances for which a valid prescription has not been issued to

11-21 the consumer:

11-22 (a) Amphetamine;

11-23 (b) Benzoylecgonine;

11-24 (c) Cocaine;

11-25 (d) Heroin;

11-26 (e) Lysergic acid diethylamide;

11-27 (f) Mecloqualone;

11-28 (g) Mescaline;

11-29 (h) Methamphetamine;

11-30 (i) Methaqualone;

11-31 (j) Monoacetylmorphine;

11-32 (k) Phencyclidine;

11-33 (l) N-ethylamphetamine;

11-34 (m) N, N-dimethylamphetamine;

11-35 (n) 2, 5-dimethoxyamphetamine;

11-36 (o) 3, 4-methylenedioxyamphetamine;

11-37 (p) 3, 4, 5-trimethoxyamphetamine;

11-38 (q) 4-bromo-2, 5-dimethoxyamphetamine;

11-39 (r) 4-methoxyamphetamine;

11-40 (s) 4-methyl-2, 5-dimethoxyamphetamine;

11-41 (t) 5-dimethoxy-alpha-methylphenethylamine; or

11-42 (u) 5-methoxy-3, 4-methylenedioxyamphetamine,

12-1 if the substance is classified in schedule I or II pursuant to NRS 453.166 or

12-2 453.176 at the time the substance is consumed.

12-3 Sec. 14. NRS 484.387 is hereby amended to read as follows:

12-4 484.387 1. At any time while a person is not eligible for a license,

12-33 mailing the order of cancellation to his last known address.

12-34 Sec. 15. NRS 484.791 is hereby amended to read as follows:

12-35 484.791 1. Any peace officer may, without a warrant, arrest a person

12-42 2 of NRS 484.379;

13-1 (c) Driving or being in actual physical control of a vehicle while under

13-2 the influence of any controlled substance, under the combined influence of

13-3 intoxicating liquor and a controlled substance, or after ingesting, applying

13-4 or otherwise using any chemical, poison or organic solvent, or any

13-5 compound or combination of any of these, to a degree which renders the

13-6 person incapable of safely driving or exercising actual physical control of a

13-7 vehicle;

13-8 (d) Failure to stop, give information or render reasonable assistance in

13-9 the event of an accident resulting in death or personal injuries, as

13-10 prescribed in NRS 484.219 and 484.223;

13-11 (e) Failure to stop or give information in the event of an accident

13-12 resulting in damage to a vehicle or to other property legally upon or

13-13 adjacent to a highway, as prescribed in NRS 484.221 and 484.225;

13-14 (f) Reckless driving;

13-15 (g) Driving a motor vehicle on a highway or on premises to which the

13-16 public has access at a time when his driver’s license has been canceled,

13-17 revoked or suspended; or

13-18 (h) Driving a motor vehicle in any manner in violation of the

13-19 restrictions imposed in a restricted license issued to him pursuant to NRS

13-20 483.490.

13-21 2. [Whenever any] If a person is arrested as authorized in this section ,

13-22 he must be taken without unnecessary delay before the proper magistrate

13-23 as specified in NRS 484.803, except that in the case of either of the

13-24 offenses designated in paragraphs (e) and (f) a peace officer has the same

13-25 discretion as is provided in other cases in NRS 484.795.

13-26 Sec. 16. Chapter 488 of NRS is hereby amended by adding thereto the

13-27 provisions set forth as sections 17, 18 and 19 of this act.

13-28 Sec. 17. As used in NRS 488.405, 488.410 and 488.420 and sections

13-29 17, 18 and 19 of this act, unless the context otherwise requires, the words

13-30 and terms defined in NRS 488.405 and sections 18 and 19 of this act

13-31 have the meanings ascribed to them in those sections.

13-32 Sec. 18. The phrase "at least 0.08 percent, but less than 0.10

13-33 percent, by weight of alcohol in his blood" means a concentration of

13-34 alcohol in the blood or breath of a person of at least 0.08 gram, but less

13-35 than 0.10 gram, by weight of alcohol:

13-36 1. Per 100 milliliters of his blood; or

13-37 2. Per 210 liters of his breath.

13-38 Sec. 19. The phrase "0.08 percent or more by weight of alcohol in

13-39 his blood" means a concentration of alcohol in the blood or breath of a

13-40 person of 0.08 gram or more by weight of alcohol:

13-41 1. Per 100 milliliters of his blood; or

13-42 2. Per 210 liters of his breath.

13-43 Sec. 20. NRS 488.405 is hereby amended to read as follows:

14-1 488.405 [As used in NRS 488.410 and 488.420, the] The phrase "0.10

14-2 percent or more by weight of alcohol in his blood" [includes] means a

14-3 concentration of alcohol in the blood or breath of a person of 0.10 gram or

14-4 more by weight of alcohol:

14-5 1. Per 100 milliliters of his blood; or

14-6 2. Per 210 liters of his breath.

14-7 Sec. 21. NRS 488.410 is hereby amended to read as follows:

14-8 488.410 1. [It is unlawful for any person] Unless a greater penalty is

14-43 3.]

15-1 is guilty of a misdemeanor.

16-1 4. If consumption is proven by a preponderance of the evidence, it is

16-2 an affirmative defense under paragraph [(c)] (b) of subsection 1 or

16-3 paragraph (c) of subsection 2 that the defendant consumed a sufficient

16-4 quantity of alcohol after operating or being in actual physical control of the

16-5 vessel, and before his blood was tested, to cause the alcohol in his blood to

16-6 equal or exceed [0.10 percent.] the percentage set forth in the applicable

16-7 paragraph. A defendant who intends to offer this defense at a trial or

16-8 preliminary hearing must, not less than 14 days before the trial or hearing

16-9 or at such other time as the court may direct, file and serve on the

16-10 prosecuting attorney a written notice of that intent.

16-11 Sec. 22. NRS 488.420 is hereby amended to read as follows:

16-12 488.420 1. A person who:

17-1 3. If consumption is proven by a preponderance of the evidence, it is

17-2 an affirmative defense under paragraph (c) of subsection 1 that the

17-3 defendant consumed a sufficient quantity of alcohol after operating or

17-4 being in actual physical control of the vessel under power or sail, and

17-5 before his blood was tested, to cause the alcohol in his blood to equal or

17-6 exceed [0.10] 0.08 percent. A defendant who intends to offer this defense

17-7 at a trial or preliminary hearing must, not less than 14 days before the trial

17-8 or hearing or at such other time as the court may direct, file and serve on

17-9 the prosecuting attorney a written notice of that intent.

17-10 4. If a person less than 15 years of age was in the vessel at the time of

17-11 the defendant’s violation, the court shall consider that fact as an

17-12 aggravating factor in determining the sentence of the defendant.

17-13 Sec. 23. NRS 209.392 is hereby amended to read as follows:

17-14 209.392 1. Except as otherwise provided in NRS 209.3925 and

18-1 3. The director, after consulting with the division of parole and

18-2 probation, shall adopt, by regulation, standards providing which offenders

18-3 are eligible for residential confinement. The standards adopted by the

18-4 director must provide that an offender who:

18-5 (a) Is not eligible for parole or release from prison within a reasonable

18-6 period;

18-7 (b) Has recently committed a serious infraction of the rules of an

18-8 institution or facility of the department;

18-9 (c) Has not performed the duties assigned to him in a faithful and

18-10 orderly manner;

18-11 (d) Has ever been convicted of:

18-12 (1) Any crime involving the use or threatened use of force or

18-13 violence against the victim; or

18-14 (2) A sexual offense;

18-15 (e) Has more than one prior conviction for any felony in this state or

18-16 any offense in another state that would be a felony if committed in this

18-17 state, not including a violation of NRS [484.3792] 484.379 or 484.3795;

18-18 (f) Has escaped or attempted to escape from any jail or correctional

18-19 institution for adults; or

18-20 (g) Has not made an effort in good faith to participate in or to complete

18-21 any educational or vocational program or any program of treatment, as

18-22 ordered by the director,

18-23 is not eligible for assignment to the custody of the division of parole and

18-24 probation to serve a term of residential confinement pursuant to this

18-25 section.

18-26 4. If an offender assigned to the custody of the division of parole and

18-27 probation pursuant to this section escapes or violates any of the terms or

18-28 conditions of his residential confinement:

18-29 (a) The division of parole and probation may, pursuant to the procedure

18-30 set forth in NRS 213.410, return the offender to the custody of the

18-31 department.

18-32 (b) The offender forfeits all or part of the credits for good behavior

18-33 earned by him before the escape or violation, as determined by the

18-34 director. The director may provide for a forfeiture of credits pursuant to

18-35 this paragraph only after proof of the offense and notice to the offender,

18-36 and may restore credits forfeited for such reasons as he considers proper.

18-37 The decision of the director regarding such a forfeiture is final.

18-38 5. The assignment of an offender to the custody of the division of

18-39 parole and probation pursuant to this section shall be deemed:

18-40 (a) A continuation of his imprisonment and not a release on parole; and

19-1 (b) For the purposes of NRS 209.341, an assignment to a facility of the

19-2 department,

19-3 except that the offender is not entitled to obtain any benefits or to

19-4 participate in any programs provided to offenders in the custody of the

19-5 department.

19-6 6. An offender does not have a right to be assigned to the custody of

19-7 the division of parole and probation pursuant to this section, or to remain

19-8 in that custody after such an assignment, and it is not intended that the

19-9 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

19-10 any right or interest in liberty or property or establish a basis for any cause

19-11 of action against the state, its political subdivisions, agencies, boards,

19-12 commissions, departments, officers or employees.

19-13 Sec. 24. The amendatory provisions of this act do not apply to

19-14 offenses that were committed before October 1, 1999.