Nevada Correctional Institutions; Aid to Victims of Crime
Sec.
§
209.4465
Credits for offender sentenced for crime committed on or after July 17, 1997.
1.
An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:
(a)
For the period the offender is actually incarcerated pursuant to his or her sentence;
(b)
For the period the offender is in residential confinement; and
(c)
For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888, a deduction of 20 days from his or her sentence for each month the offender serves.
2.
In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a)
For earning a general educational development certificate or an equivalent document, 60 days.
(b)
For earning a high school diploma, 90 days.
(c)
For earning his or her first associate degree, 120 days.
3.
The Director may, in his or her discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4.
The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.
5.
The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6.
The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7.
Except as otherwise provided in subsections 8 and 9, credits earned pursuant to this section:
(a)
Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable; and
(b)
Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
8.
Credits earned pursuant to this section by an offender who has not 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; or
(d)
A category A or B felony, apply to eligibility for parole and, except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.
9.
Credits deducted pursuant to subsection 8 may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent for an offender who:
(a)
Is serving a sentence for an offense committed on or after July 1, 2014; or
(b)
On or after July 1, 2014, makes an irrevocable election to have his or her consecutive sentences aggregated pursuant to NRS 213.1212.
10.
In addition to the credits allowed pursuant to this section, if the Governor determines, by executive order, that it is necessary, the Governor may authorize the deduction of not more than 5 days from a sentence for each month an offender serves. This subsection must be uniformly applied to all offenders under a sentence at the time the Governor makes such a determination.