Assembly Bill No. 105–Committee on Judiciary

 

(On Behalf of the Board of Parole Commissioners)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides additional credits against sentence of parolee under certain circumstances. (BDR 16‑550)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to parole; providing additional credits against the sentence of a parolee under certain circumstances; 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. Chapter 209 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  In addition to any credits earned pursuant to NRS 209.447,

1-4  an offender who is on parole as of January 1, 2004, or who is

1-5  released on parole on or after January 1, 2004, for a term less

1-6  than life must be allowed for the period he is actually on parole a

1-7  deduction of 10 days from his sentence for each month he serves

1-8  if:

1-9  (a) He is current with any fee to defray the costs of his

1-10  supervision pursuant to NRS 213.1076; and

1-11      (b) He is current with any payment of restitution required

1-12  pursuant to NRS 213.126.

1-13      2.  In addition to any credits earned pursuant to subsection 1

1-14  and NRS 209.447, the Director may allow not more than 10 days

1-15  of credit each month for an offender:

2-1  (a) Who is on parole as of January 1, 2004, or who is released

2-2  on parole on or after January 1, 2004, for a term less than life;

2-3  and

2-4  (b) Whose diligence in labor or study merits such credits.

2-5  3.  An offender is entitled to the deductions authorized by this

2-6  section only if he satisfies the conditions of subsection 1 or 2, as

2-7  determined by the Director. The Chief Parole and Probation

2-8  Officer or other person responsible for the supervision of an

2-9  offender shall report to the Director the failure of an offender to

2-10  satisfy those conditions.

2-11      4.  Credits earned pursuant to this section must, in addition to

2-12  any credits earned pursuant to NRS 209.443, 209.446, 209.4465,

2-13  209.447, 209.448 and 209.449, be deducted from the maximum

2-14  term imposed by the sentence.

2-15      5.  The Director shall maintain records of the credits to which

2-16  each offender is entitled pursuant to this section.

2-17      Sec. 2.  NRS 209.432 is hereby amended to read as follows:

2-18      209.432  As used in NRS 209.432 to 209.451, inclusive, and

2-19  section 1 of this act, unless the context otherwise requires:

2-20      1.  “Offender” includes:

2-21      (a) A person who is convicted of a felony under the laws of this

2-22  state and sentenced, ordered or otherwise assigned to serve a term of

2-23  residential confinement.

2-24      (b) A person who is convicted of a felony under the laws of this

2-25  state and assigned to the custody of the division of parole and

2-26  probation of the department of public safety pursuant to

2-27  NRS 209.4886.

2-28      2.  “Residential confinement” means the confinement of a

2-29  person convicted of a felony to his place of residence under the

2-30  terms and conditions established pursuant to specific statute. The

2-31  term does not include any confinement ordered pursuant to NRS

2-32  176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive,

2-33  213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

2-34      Sec. 3.  NRS 209.447 is hereby amended to read as follows:

2-35      209.447  1.  An offender who is sentenced after June 30, 1991,

2-36  for a crime committed before July 1, 1985, and who is released on

2-37  parole for a term less than life must, if he has no serious infraction

2-38  of the terms and conditions of his parole or the laws of this state

2-39  recorded against him, be allowed for the period he is actually on

2-40  parole a deduction of 2 months for each of the first 2 years, 4

2-41  months for each of the next 2 years, and 5 months for each of the

2-42  remaining years of the term, and pro rata for any part of a year

2-43  where the actual term served is for more or less than a year. Credit

2-44  must be recorded on a monthly basis as earned.

3-1  2.  An offender who is sentenced after June 30, 1991, for a

3-2  crime committed on or after July 1, 1985, and who is released on

3-3  parole for a term less than life must, if he has no serious infraction

3-4  of the terms and conditions of his parole or the laws of this state

3-5  recorded against him, be allowed for the period he is actually on

3-6  parole a deduction of 10 days from his sentence for each month he

3-7  serves.

3-8  3.  An offender is entitled to the deductions authorized by this

3-9  section only if he satisfies the conditions of subsection 1 or 2, as

3-10  determined by the Director. The Chief Parole and Probation Officer

3-11  or other person responsible for the supervision of an offender shall

3-12  report to the director the failure of an offender to satisfy those

3-13  conditions.

3-14      4.  Credits earned pursuant to this section must, in addition to

3-15  any credits earned pursuant to NRS 209.443, 209.446, 209.4465,

3-16  209.448 and 209.449[,] and section 1 of this act, be deducted from

3-17  the maximum term imposed by the sentence.

3-18      5.  The Director shall maintain records of the credits to which

3-19  each offender is entitled pursuant to this section.

3-20      Sec. 4.  NRS 213.1518 is hereby amended to read as follows:

3-21      213.1518  1.  If a parolee violates a condition of his parole, he

3-22  forfeits all or part of the credits earned by him pursuant to NRS

3-23  209.447 and section 1 of this act after his release on parole, in the

3-24  discretion of the Board.

3-25      2.  A forfeiture may be made only by the Board after proof of

3-26  the violation and notice to the parolee.

3-27      3.  The Board may restore credits forfeited for such reasons as it

3-28  considers proper.

3-29      4.  The Chief Parole and Probation Officer shall report to the

3-30  Director of the Department of Corrections any forfeiture or

3-31  restoration of credits pursuant to this section.

3-32      Sec. 5.  This act becomes effective on January 1, 2004.

 

3-33  H