1. An offender must be allowed credit against the minimum term or minimum aggregate term, as applicable, of his or her sentence for good behavior in an amount of days that is equivalent to 35 percent of the minimum term or minimum aggregate term, as applicable, of the sentence of the offender. In addition to this credit, the Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service. Credit allowed pursuant to this subsection must be allowed only for the period the offender is actually incarcerated pursuant to his or her sentence and applies to eligibility for parole. Any forfeiture of credit pursuant to a specific statute must be applied after the credit allowed in this subsection. This subsection does not apply to an offender who has been convicted of: (a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim. (b) A sexual offense that is punishable as a felony. (c) A violation of NRS 484C.110 , 484C.120 , 484C.130 or 484C.430 that is punishable as a felony. (d) A category A or B felony. 2. An offender must be allowed credit against the maximum term or maximum aggregate term, as applicable, of his or her sentence for good behavior in an amount of days that is equivalent to 35 percent of the maximum term or maximum aggregate term, as applicable, of his or her sentence. In addition to this credit, the Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service. Any forfeiture of credit pursuant to a specific statute must be applied after the credit allowed in this subsection. Credit allowed pursuant to this subsection: (a) Must be allowed only for any period the offender is: (1) Actually incarcerated pursuant to his or her sentence; (2) In residential confinement; or (3) In the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 . (b) Is in addition to any credit allowed to reduce the sentence of the offender that is authorized pursuant to a specific statute. 3. Except as otherwise provided in subsection 4, an offender who is sentenced to prison for a crime committed before July 1, 2027, may irrevocably elect to be subject to the provisions of this section. Any such election must apply to both the calculation of credits allowed pursuant to subsection 1 to reduce the minimum term or minimum aggregate term, as applicable, and to the calculation of credits allowed pursuant to subsection 2 to reduce the maximum term or maximum aggregate term, as applicable. Before an offender makes any such election, the Department shall provide the offender with a written projection that compares: (a) The estimated credit the offender may receive to reduce the term of his or her sentence if the offender elects to be subject to the provisions of this section; and (b) The estimated credit the offender may receive to reduce the term of his or her sentence if the offender does not make such an election. 4. An offender who was sentenced to prison for a crime committed before July 1, 2027, is within the custody of the Department and is within 2 years of completion of the minimum term or minimum aggregate term or maximum term or maximum aggregate term, as applicable, of imprisonment on or after July 1, 2027, is subject to the provisions of this section and may irrevocably elect the method of calculating the reduction of credits as described in subsection 3. If an offender becomes eligible for release on parole before the eligible date of release calculated pursuant to this section, the Director may authorize the offender to be considered early for parole or release the offender consistent with the calculation of credit under the irrevocable waiver, as applicable. 5. Nothing in this section shall be construed to reduce retroactively the amount of credit allowed to reduce the sentence of the offender under the laws of this State as those laws existed before July 1, 2027, if doing so would constitute a violation under the United States Constitution or the Nevada Constitution. 6. The Director shall: (a) Provide each offender in the custody of the Department with a list that includes: (1) The programs identified in the risk and needs assessment administered to the offender pursuant to NRS 209.341 , as determined by the Director; (2) The programs available at the institution or facility to which the offender has been assigned; and (3) Which of the programs described in subparagraph (1) are available at the institution or facility to which the offender has been assigned; and (b) At the time the Department compiles and provides to the State Board of Parole Commissioners data that will assist the Board in determining whether parole should be granted to the offender pursuant to NRS 213.131 , submit a report to the Board that includes: (1) The list of programs provided to the offender pursuant to paragraph (a); and (2) The programs provided to the offender pursuant to paragraph (a) that the offender successfully completed. 7. The Board shall adopt regulations to carry out the provisions of this section. Such regulations must: (a) Include, without limitation, provisions governing the award, forfeiture and restoration of credits pursuant to this section; and (b) Require the forfeiture of credits awarded pursuant to this section if the offender does not comply with the programming and placement identified in the risk and needs assessment administered pursuant to NRS 209.341 , as determined by the Director.
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