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. Chapter 209 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, an offender who is

1-4 sentenced to prison for a crime committed on or after the effective date of

1-5 this act, who has no serious infraction of the regulations of the

1-6 department, the terms and conditions of his residential confinement or

1-7 the laws of the state recorded against him, and who performs in a

1-8 faithful, orderly and peaceable manner the duties assigned to him, must

1-9 be allowed:

1-10 (a) For the period he is actually incarcerated pursuant to his

1-11 sentence; and

1-12 (b) For the period he is in residential confinement,

1-13 a deduction of 10 days from his sentence for each month he serves.

1-14 2. If an offender commits any infraction and, after receiving or

1-15 waiving the right to receive a disciplinary hearing concerning the

1-16 infraction, the offender is ordered to serve 1 or more days of his sentence

2-1 in disciplinary segregation, disciplinary detention or austere housing

2-2 because of the infraction:

2-3 (a) Any deduction from the sentence of the offender that otherwise

2-4 would have been allowed pursuant to subsection 1 must be reduced by 1

2-5 day for each day or portion of a day in the month that the offender serves

2-6 his sentence in disciplinary segregation, disciplinary detention or austere

2-7 housing because of the infraction; and

2-8 (b) Any reduction pursuant to paragraph (a) must not exceed 10 days

2-9 for each such month.

2-10 3. In addition to the credits allowed pursuant to subsection 1, the

2-11 director may allow not more than 10 days of credit each month for an

2-12 offender whose diligence in labor and study merits such credits. In

2-13 addition to the credits allowed pursuant to this subsection, an offender is

2-14 entitled to the following credits for educational achievement:

2-15 (a) For earning a general equivalency diploma, 30 days.

2-16 (b) For earning a high school diploma, 60 days.

2-17 (c) For earning his first associate degree, 90 days.

2-18 4. The director may, in his discretion, authorize an offender to

2-19 receive a maximum of 90 days of credit for each additional degree of

2-20 higher education earned by the offender.

2-21 5. The director may allow not more than 10 days of credit each

2-22 month for an offender who participates in a diligent and responsible

2-23 manner in a center for the purpose of making restitution, conservation

2-24 camp, program of work release or another program conducted outside of

2-25 the prison. Except as otherwise provided in subsection 2, an offender

2-26 who earns credit pursuant to this subsection is eligible to earn the entire

2-27 20 days of credit each month that is allowed pursuant to subsections 1

2-28 and 3.

2-29 6. The director may allow not more than 90 days of credit each year

2-30 for an offender who engages in exceptional meritorious service.

2-31 7. The board shall adopt regulations governing the award, forfeiture

2-32 and restoration of credits pursuant to this section.

2-33 8. Credits earned pursuant to this section:

2-34 (a) Must be deducted from the maximum term imposed by the

2-35 sentence; and

2-36 (b) Apply to eligibility for parole unless the offender was sentenced

2-37 pursuant to a statute which specifies a minimum sentence that must be

2-38 served before a person becomes eligible for parole.

2-39 Sec. 2. NRS 209.432 is hereby amended to read as follows:

2-40 209.432 As used in NRS [209.433] 209.432 to 209.451, inclusive,

2-41 and section 1 of this act, unless the context otherwise requires:

3-1 1. "Offender" includes a person who is convicted of a felony under the

3-2 laws of this state and sentenced, ordered or otherwise assigned to serve a

3-3 term of residential confinement.

3-4 2. "Residential confinement" means the confinement of a person

3-5 convicted of a felony to his place of residence under the terms and

3-6 conditions established pursuant to specific statute. The term does not

3-7 include any confinement ordered pursuant to NRS 176A.530 to 176A.560,

3-8 inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or

3-9 213.152 to 213.1528, inclusive.

3-10 Sec. 3. NRS 209.4465 is hereby amended to read as follows:

3-11 209.4465 1. An offender who is sentenced to prison for a crime

3-43 7. Credits earned pursuant to this section:

4-1 (a) Must be deducted from the maximum term imposed by the sentence;

4-2 and

4-3 (b) Apply to eligibility for parole unless the offender was sentenced

4-4 pursuant to a statute which specifies a minimum sentence that must be

4-5 served before a person becomes eligible for parole.

4-6 Sec. 4. NRS 209.447 is hereby amended to read as follows:

4-7 209.447 1. An offender who is sentenced after June 30, 1991, for a

4-34 offender is entitled pursuant to this section.

4-35 Sec. 5. NRS 209.448 is hereby amended to read as follows:

4-36 209.448  1. An offender who has no serious infraction of the

4-43 certified as a counselor by the bureau of alcohol and drug abuse of the

5-1 rehabilitation division of the department of employment, training and

5-2 rehabilitation.

5-3 2. The provisions of this section apply to any offender who is

5-4 sentenced on or after October 1, 1991.

5-5 Sec. 6. NRS 209.449 is hereby amended to read as follows:

5-6 209.449 An offender who has no serious infraction of the regulations

5-15 addition to the 30 days allowed for completion of the program.

5-16 Sec. 7. Chapter 212 of NRS is hereby amended by adding thereto a

5-17 new section to read as follows:

5-18 1. Except as otherwise provided in subsection 9, a prisoner who is in

5-19 lawful custody or confinement, other than residential confinement, shall

5-20 not knowingly:

5-21 (a) Store or stockpile any human excrement or bodily fluid;

5-22 (b) Sell, supply or provide any human excrement or bodily fluid to any

5-23 other person;

5-24 (c) Buy, receive or acquire any human excrement or bodily fluid from

5-25 any other person; or

5-26 (d) Use, propel, discharge, spread or conceal, or cause to be used,

5-27 propelled, discharged, spread or concealed, any human excrement or

5-28 bodily fluid:

5-29 (1) With the intent to have the excrement or bodily fluid come into

5-30 physical contact with any portion of the body of an officer or employee of

5-31 a prison or any other person, whether or not such physical contact

5-32 actually occurs; or

5-33 (2) Under circumstances in which the excrement or bodily fluid is

5-34 reasonably likely to come into physical contact with any portion of the

5-35 body of an officer or employee of a prison or any other person, whether

5-36 or not such physical contact actually occurs.

5-37 2. Except as otherwise provided in subsection 3, if a prisoner violates

5-38 any provision of subsection 1, the prisoner is guilty of a category B felony

5-39 and shall be punished by imprisonment in the state prison for a

5-40 minimum term of not less than 2 years and a maximum term of not more

5-41 than 10 years, and may be further punished by a fine of not more than

5-42 $10,000.

6-1 3. If a prisoner violates any provision of paragraph (d) of subsection

6-2 1 and, at the time of the offense, the prisoner knew that any portion of

6-3 the excrement or bodily fluid involved in the offense contained a

6-4 communicable disease that causes or is reasonably likely to cause

6-5 substantial bodily harm, whether or not the communicable disease was

6-6 transmitted to a victim as a result of the offense, the prisoner is guilty of

6-7 a category A felony and shall be punished by imprisonment in the state

6-8 prison:

6-9 (a) For life with the possibility of parole, with eligibility for parole

6-10 beginning when a minimum of 10 years has been served; or

6-11 (b) For a definite term of 25 years, with eligibility for parole

6-12 beginning when a minimum of 10 years has been served,

6-13 and may be further punished by a fine of not more than $50,000.

6-14 4. A sentence imposed upon a prisoner pursuant to subsection 2 or 3:

6-15 (a) Is not subject to suspension or the granting of probation; and

6-16 (b) Must run consecutively after the prisoner has served any sentences

6-17 imposed upon him for the offense or offenses for which the prisoner was

6-18 in lawful custody or confinement when he violated the provisions of

6-19 subsection 1.

6-20 5. In addition to any other penalty, the court shall order a prisoner

6-21 who violates any provision of paragraph (d) of subsection 1 to reimburse

6-22 the appropriate person or governmental body for the cost of any

6-23 examinations or testing:

6-24 (a) Conducted pursuant to paragraphs (a) and (b) of subsection 7; or

6-25 (b) Paid for pursuant to subparagraph (2) of paragraph (c) of

6-26 subsection 7.

6-27 6. The warden, sheriff, administrator or other person responsible for

6-28 administering a prison shall immediately and fully investigate any act

6-29 described in subsection 1 that is reported or suspected to have been

6-30 committed in the prison.

6-31 7. If there is probable cause to believe that an act described in

6-32 paragraph (d) of subsection 1 has been committed in a prison:

6-33 (a) Each prisoner believed to have committed the act or to have been

6-34 the bodily source of any portion of the excrement or bodily fluid involved

6-35 in the act must submit to any appropriate examinations and testing to

6-36 determine whether each such prisoner has any communicable disease.

6-37 (b) If possible, a sample of the excrement or bodily fluid involved in

6-38 the act must be recovered and tested to determine whether any

6-39 communicable disease is present in the excrement or bodily fluid.

6-40 (c) If the excrement or bodily fluid involved in the act came into

6-41 physical contact with any portion of the body of an officer or employee of

6-42 a prison or any other person:

7-1 (1) The results of any examinations or testing conducted pursuant

7-2 to paragraphs (a) and (b) must be provided to each such officer,

7-3 employee or other person; and

7-4 (2) For each such officer or employee, the person or governmental

7-5 body operating the prison where the act was committed shall pay for any

7-6 appropriate examinations and testing requested by the officer or

7-7 employee to determine whether a communicable disease was transmitted

7-8 to him as a result of the act.

7-9 (d) The results of the investigation conducted pursuant to subsection 6

7-10 and the results of any examinations or testing conducted pursuant to

7-11 paragraphs (a) and (b) must be submitted to the district attorney of the

7-12 county in which the act was committed or to the office of the attorney

7-13 general for possible prosecution of each prisoner who committed the act.

7-14 8. If a prisoner is charged with committing an act described in

7-15 paragraph (d) of subsection 1 and a victim or an intended victim of the

7-16 act was an officer or employee of a prison, the prosecuting attorney shall

7-17 not dismiss the charge in exchange for a plea of guilty, guilty but

7-18 mentally ill or nolo contendere to a lesser charge or for any other reason

7-19 unless the prosecuting attorney knows or it is obvious that the charge is

7-20 not supported by probable cause or cannot be proved at the time of trial.

7-21 9. The provisions of this section do not apply to a prisoner who

7-22 commits an act described in subsection 1 if the act:

7-23 (a) Is otherwise lawful and is authorized by the warden, sheriff,

7-24 administrator or other person responsible for administering the prison,

7-25 or his designee, and the prisoner performs the act in accordance with the

7-26 directions or instructions given to him by that person;

7-27 (b) Involves the discharge of human excrement or bodily fluid directly

7-28 from the body of the prisoner and the discharge is the direct result of a

7-29 temporary or permanent injury, disease or medical condition afflicting

7-30 the prisoner that prevents the prisoner from having physical control over

7-31 the discharge of his own excrement or bodily fluid; or

7-32 (c) Constitutes voluntary sexual conduct with another person in

7-33 violation of the provisions of NRS 212.187.

7-34 Sec. 8. The amendatory provisions of section 7 of this act do not apply

7-35 to offenses committed before the effective date of this act.

7-36 Sec. 9. This act becomes effective upon passage and approval.