Nevada Code § 213.1212

Eligibility for parole of prisoner whose sentences have been aggregated; written request to aggregate sentences; disaggregation of aggregated sentences; aggregation of aggregated sentences; no right of action relating to credits as a result of aggregated sentence. [Effective through June 30, 2027.]
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1. Notwithstanding any other provision of
law, if a prisoner is sentenced pursuant to NRS
176.035 to serve two or more consecutive sentences, the terms of which have
been aggregated:
(a) The prisoner shall be deemed to be eligible
for parole from all such sentences after serving the minimum aggregate term of
imprisonment; and
(b) The Board is not required to consider the
prisoner for parole until the prisoner has served the minimum aggregate term of
imprisonment.
2. Except as otherwise provided in
subsection 3, for purposes of determining parole eligibility, a prisoner whose
sentences have been aggregated may earn credit pursuant to NRS 209.433 to 209.449 , inclusive, which must be deducted
from the minimum aggregate term of imprisonment or the maximum aggregate term
of imprisonment, as applicable. Such credits may be earned only to the extent
that the credits would otherwise be earned had the sentences not been
aggregated.
3. For purposes of determining parole
eligibility, if the sentences of a prisoner are governed by different
provisions of law concerning the earning of credits pursuant to NRS 209.433 to 209.4465 , inclusive, the Department of
Corrections shall determine the minimum term of each sentence to be aggregated
for the purpose of establishing a minimum aggregate term of imprisonment as
follows:
(a) If the parole eligibility of a prisoner is
based on credits earned pursuant to NRS
209.433 or 209.443 , the Department of
Corrections shall establish a fixed minimum term for that sentence based on the
assumption that the prisoner will earn all future credits to reduce that
sentence as provided in NRS 209.433 or 209.443 , as applicable, except for credits
earned for donating blood or for educational achievements in accordance with
any regulations adopted by the Board pursuant to subsection 2 of NRS 209.433 or subsection 3 of NRS 209.443 . Any such credits earned by a
prisoner for donating blood or for educational achievements that are awarded
after a minimum aggregate term of imprisonment is established must be applied
only to the maximum aggregate term of imprisonment.
(b) If the parole eligibility of a prisoner is
based on credits earned pursuant to NRS
209.446 , the Department of Corrections shall establish a fixed minimum term
for that sentence based on the assumption that the prisoner will earn all
future credits to reduce that sentence as provided in NRS 209.446 , except for credits earned for
educational achievements pursuant to subsection 2 of NRS 209.446 or for meritorious service
pursuant to subsection 4 of NRS 209.446 .
Any such credits earned for educational achievements or meritorious service
that are awarded after a minimum aggregate term of imprisonment is established
must be applied only to the maximum aggregate term of imprisonment.
(c) If a prisoner is eligible to earn a deduction
from the minimum term of his or her sentence pursuant to subsection 8 of NRS 209.4465 , the minimum term of the
sentence to be aggregated must be the minimum term set by the court, and the
provisions of subsection 9 of NRS 209.4465 must be applied to the aggregated sentence.
(d) If a prisoner is not eligible to earn a
deduction from the minimum term of his or her sentence, the minimum term of the
sentence to be aggregated must be the term set by the court or, if the court
does not set the minimum term, the minimum term required by law.
4. A prisoner whose sentences have been
aggregated pursuant to subsection 3 may earn credits to reduce the maximum
aggregate term of imprisonment, as already reduced by any presentence credits
stipulated in the judgment of conviction or other applicable court order,
pursuant to NRS 209.4465 or 209.4475 beginning on the date the
prisoner elected to have the sentences aggregated or on the date of sentencing.
5. Except as otherwise provided in
subsection 6 and subsection 3 of NRS 176.035 ,
a prisoner who is serving consecutive sentences which have not been aggregated
may, by submitting a written request to the Director of the Department of
Corrections, make an irrevocable election to have the sentences aggregated. If
the prisoner makes such an irrevocable election to have the sentences
aggregated and:
(a) The prisoner has not been considered for
parole on any of the sentences requested to be aggregated, the Department of
Corrections shall aggregate the sentences in the manner set forth in this
section and NRS 176.035 and the Board is
not required to consider the prisoner for parole until the prisoner has served
the minimum aggregate term of imprisonment.
(b) The prisoner has been considered for parole
on one or more of the sentences requested to be aggregated, the Department of
Corrections shall aggregate only the sentences for which parole has not been
considered. The Board is not required to consider the prisoner for parole on
the aggregated sentences until the prisoner has served the minimum aggregate
term of imprisonment.
6. At the request of a prisoner, the
Department of Corrections may disaggregate any aggregated sentences for which
parole has not been considered for the purpose of aggregating such sentences
with other sentences pursuant to this section or NRS 176.035 .
7. Except as otherwise provided in
subsection 3 of NRS 176.035 , if the
Department of Corrections aggregates sentences that are comprised of separate
aggregated sentences, the Department of Corrections may aggregate all the
consecutive sentences to create a single aggregated sentence.
8. The provisions of this section do not
establish a basis for any cause of action by a prisoner against the State or
its political subdivisions, agencies, boards, commissions, departments,
officers or employees relating to any credits the prisoner might have earned if
the sentences of the prisoner had not been aggregated.
NRS 213.1212 Eligibility for parole of
prisoner whose sentences have been aggregated; written request to aggregate
sentences; disaggregation of aggregated sentences; aggregation of aggregated
sentences; no right of action relating to credits as a result of aggregated
sentence. [Effective July 1, 2027.]
1. Notwithstanding any other provision of
law, if a prisoner is sentenced pursuant to NRS
176.035 to serve two or more consecutive sentences, the terms of which have
been aggregated:
(a) The prisoner shall be deemed to be eligible
for parole from all such sentences after serving the minimum aggregate term of
imprisonment; and
(b) The Board is not required to consider the
prisoner for parole until the prisoner has served the minimum aggregate term of
imprisonment.
2. Except as otherwise provided in
subsection 3, for purposes of determining parole eligibility, a prisoner whose
sentences have been aggregated may earn credit pursuant to NRS 209.433 to 209.449 , inclusive, which must be deducted
from the minimum aggregate term of imprisonment or the maximum aggregate term
of imprisonment, as applicable. Such credits may be earned only to the extent
that the credits would otherwise be earned had the sentences not been
aggregated.
3. For purposes of determining parole
eligibility, if the sentences of a prisoner are governed by different
provisions of law concerning the earning of credits pursuant to NRS 209.433 to 209.4467 , inclusive, the Department of
Corrections shall determine the minimum term of each sentence to be aggregated
for the purpose of establishing a minimum aggregate term of imprisonment as
follows:
(a) If the parole eligibility of a prisoner is
based on credits earned pursuant to NRS
209.433 or 209.443 , the Department of
Corrections shall establish a fixed minimum term for that sentence based on the
assumption that the prisoner will earn all future credits to reduce that
sentence as provided in NRS 209.433 or 209.443 , as applicable, except for credits
earned for donating blood or for educational achievements in accordance with
any regulations adopted by the Board pursuant to subsection 2 of NRS 209.433 or subsection 3 of NRS 209.443 . Any such credits earned by a
prisoner for donating blood or for educational achievements that are awarded
after a minimum aggregate term of imprisonment is established must be applied
only to the maximum aggregate term of imprisonment.
(b) If the parole eligibility of a prisoner is
based on credits earned pursuant to NRS
209.446 , the Department of Corrections shall establish a fixed minimum term
for that sentence based on the assumption that the prisoner will earn all
future credits to reduce that sentence as provided in NRS 209.446 , except for credits earned for
educational achievements pursuant to subsection 2 of NRS 209.446 or for meritorious service
pursuant to subsection 4 of NRS 209.446 .
Any such credits earned for educational achievements or meritorious service
that are awarded after a minimum aggregate term of imprisonment is established
must be applied only to the maximum aggregate term of imprisonment.
(c) If a prisoner is eligible to earn a deduction
from the minimum term of his or her sentence pursuant to subsection 8 of NRS 209.4465 or 209.4467 , the minimum term of the sentence
to be aggregated must be the minimum term set by the court, and the provisions
of subsection 9 of NRS 209.4465 or NRS 209.4467 , as applicable, must be
applied to the aggregated sentence.
(d) If a prisoner is not eligible to earn a
deduction from the minimum term of his or her sentence, the minimum term of the
sentence to be aggregated must be the term set by the court or, if the court
does not set the minimum term, the minimum term required by law.
4. A prisoner whose sentences have been
aggregated pursuant to subsection 3 may earn credits to reduce the maximum
aggregate term of imprisonment, as already reduced by any presentence credits
stipulated in the judgment of conviction or other applicable court order,
pursuant to NRS 209.4465 , 209.4467 or 209.4475 beginning on the date the
prisoner elected to have the sentences aggregated or on the date of sentencing.
5. Except as otherwise provided in
subsection 6 and subsection 3 of NRS 176.035 ,
a prisoner who is serving consecutive sentences which have not been aggregated
may, by submitting a written request to the Director of the Department of
Corrections, make an irrevocable election to have the sentences aggregated. If
the prisoner makes such an irrevocable election to have the sentences
aggregated and:
(a) The prisoner has not been considered for
parole on any of the sentences requested to be aggregated, the Department of
Corrections shall aggregate the sentences in the manner set forth in this
section and NRS 176.035 and the Board is
not required to consider the prisoner for parole until the prisoner has served
the minimum aggregate term of imprisonment.
(b) The prisoner has been considered for parole
on one or more of the sentences requested to be aggregated, the Department of
Corrections shall aggregate only the sentences for which parole has not been
considered. The Board is not required to consider the prisoner for parole on
the aggregated sentences until the prisoner has served the minimum aggregate
term of imprisonment.
6. At the request of a prisoner, the
Department of Corrections may disaggregate any aggregated sentences for which
parole has not been considered for the purpose of aggregating such sentences
with other sentences pursuant to this section or NRS 176.035 .
7. Except as otherwise provided in
subsection 3 of NRS 176.035 , if the
Department of Corrections aggregates sentences that are comprised of separate
aggregated sentences, the Department of Corrections may aggregate all the
consecutive sentences to create a single aggregated sentence.
8. The provisions of this section do not
establish a basis for any cause of action by a prisoner against the State or
its political subdivisions, agencies, boards, commissions, departments,
officers or employees relating to any credits the prisoner might have earned if
the sentences of the prisoner had not been aggregated.

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