Nevada Code § 209.4467

Credits for offender sentenced for crime committed on or after July 1, 2027, or offender sentenced for crime committed before July 1, 2027, who elects to be subject to credit calculation; consideration for early release on parole or from custody; Department to provide information related to credits; regulations. [Effective July 1, 2027.]
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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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