CHAPTER........

Section 1. NRS 209.392 is hereby amended to read as follows:

1. 209.392 1. Except as otherwise provided in NRS 209.3925 and

1. institution or facility of the department;
2. (c) Has not performed the duties assigned to him in a faithful and

1. orderly manner;

1. (d) Has ever been convicted of:

1. (1) Any crime involving the use or threatened use of force or violence

1. against the victim; or

1. (2) A sexual offense;

1. (e) Has more than one prior conviction for any felony in this state or any

1. offense in another state that would be a felony if committed in this state, not

1. including a violation of NRS 484.3792 or 484.3795;

1. (f) Has escaped or attempted to escape from any jail or correctional

1. institution for adults; or

1. (g) Has not made an effort in good faith to participate in or to complete

1. any educational or vocational program or any program of treatment, as

1. ordered by the director,

1. is not eligible for assignment to the custody of the division of parole and

1. probation to serve a term of residential confinement pursuant to this

1. section.

1. 4. If an offender assigned to the custody of the division of parole and

1. probation pursuant to this section escapes or violates any of the terms or

1. conditions of his residential confinement:

1. (a) The division of parole and probation may, pursuant to the procedure

1. set forth in NRS 213.410, return the offender to the custody of the

1. department.

1. (b) The offender forfeits all or part of the credits for good behavior

1. earned by him before the escape or violation, as determined by the director.

1. The director may provide for a forfeiture of credits pursuant to this

1. paragraph only after proof of the offense and notice to the offender, and

1. may restore credits forfeited for such reasons as he considers proper. The

1. decision of the director regarding such a forfeiture is final.

1. 5. The assignment of an offender to the custody of the division of

1. parole and probation pursuant to this section shall be deemed:

1. (a) A continuation of his imprisonment and not a release on parole; and

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

1. department,

1. except that the offender is not entitled to obtain any benefits or to

1. participate in any programs provided to offenders in the custody of the

1. department.

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

1. the division of parole and probation pursuant to this section, or to remain in

1. that custody after such an assignment, and it is not intended that the

1. provisions of this section or of NRS 213.371 to 213.410, inclusive, create

1. any right or interest in liberty or property or establish a basis for any cause

1. of action against the state, its political subdivisions, agencies, boards,

1. commissions, departments, officers or employees.

Sec. 2. NRS 209.3925 is hereby amended to read as follows:

1. 209.3925 1. Except as otherwise provided in subsection 6, the

1. director may assign an offender to the custody of the division of parole and

1. probation of the department of motor vehicles and public safety to serve a

1. term of residential confinement pursuant to NRS 213.380, for not longer

1. than the remainder of his sentence, if:

1. (a) The director has reason to believe that the offender is:

1. (1) Physically incapacitated to such a degree that he does not

1. presently, and likely will not in the future, pose a threat to the safety of the

1. public; or

1. (2) In ill health and expected to die within 12 months, and does not

1. presently, and likely will not in the future, pose a threat to the safety of the

1. public; and

1. (b) At least two physicians licensed pursuant to chapter 630 of NRS, one

1. of whom is not employed by the department, verify, in writing, that the

1. offender is:

1. (1) Physically incapacitated; or

1. (2) In ill health and expected to die within 12 months.

1. 2. If the director intends to assign an offender to the custody of the

1. division of parole and probation pursuant to this section, at least 45 days

1. before the date the offender is expected to be released from the custody of

1. the department, the director shall notify:

1. (a) If the offender will reside within this state after he is released from

1. the custody of the department, the board of county commissioners of the

1. county in which the offender will reside; and

1. (b) The division of parole and probation.

1. 3. If any victim of a crime committed by the offender has, pursuant to

1. consideration of a prisoner for parole and has provided a current address,

1. the division of parole and probation shall notify the victim that:

1. (a) The director intends to assign the offender to the custody of the

1. division of parole and probation pursuant to this section; and

1. (b) The victim may submit documents to the division of parole and

1. probation regarding such an assignment.

1. If a current address has not been provided by a victim as required by

1. not be held responsible if notification is not received by the victim. All

1. personal information, including, but not limited to, a current or former

1. address, which pertains to a victim and which is received by the division of

1. parole and probation pursuant to this subsection is confidential.

1. 4. If an offender assigned to the custody of the division of parole and

1. probation pursuant to this section escapes or violates any of the terms or

1. conditions of his residential confinement:

1. (a) The division of parole and probation may, pursuant to the procedure

1. set forth in NRS 213.410, return the offender to the custody of the

1. department.
2. (b) The offender forfeits all or part of the credits for good behavior

1. earned by him before the escape or violation, as determined by the
   director.

1. The director may provide for a forfeiture of credits pursuant to this

1. paragraph only after proof of the offense and notice to the offender, and

1. may restore credits forfeited for such reasons as he considers proper. The

1. decision of the director regarding such a forfeiture is final.

1. 5. The assignment of an offender to the custody of the division of

1. parole and probation pursuant to this section shall be deemed:

1. (a) A continuation of his imprisonment and not a release on parole; and

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

1. department,

1. except that the offender is not entitled to obtain any benefits or to

1. participate in any programs provided to offenders in the custody of the

1. department.

1. 6. The director may not assign an offender to the custody of the

1. division of parole and probation pursuant to this section if the offender is

1. sentenced to death or imprisonment for life without the possibility of

1. parole.

7. An offender does not have a right to be assigned to the custody of

the division of parole and probation pursuant to this section, or to remain in

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

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

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

of action against the state, its political subdivisions, agencies, boards,

commissions, departments, officers or employees.

Sec. 3. NRS 213.130 is hereby amended to read as follows:

213.130 1. The department of prisons shall:

1. or more often, on such dates as may be fixed by the board. All meetings

1. must be open to the public.

1. date of the meeting to consider a prisoner for parole, the board shall notify

1. the victim of the prisoner who is being considered for parole of the date of

1. the meeting and of his rights pursuant to this subsection, if the victim has

1. requested notification in writing and has provided his current address or if

1. the victim’s current address is otherwise known by the board. The victim of

1. a prisoner being considered for parole may submit documents to the board

1. and may testify at the meeting held to consider the prisoner for parole. A

1. prisoner must not be considered for parole until the board has notified any

1. victim of his rights pursuant to this subsection and he is given the

1. opportunity to exercise those rights. If a current address is not provided to

1. or otherwise known by the board, the board must not be held responsible if

1. such notification is not received by the victim.

1. to consider a prisoner for parole.

1. and convenient rooms or space for use of the board.

1. decision concerning the parole of the prisoner, notify the victim of its final

1. decision.

1. or former address, which pertains to a victim and which is received by the

1. board pursuant to this section is confidential.

1. ascribed to it in NRS 213.005.