Assembly Bill No. 105–Committee on Judiciary

 

CHAPTER..........

 

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:

 

    Section 1. Chapter 209 of NRS is hereby amended by adding

thereto a new section to read as follows:

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

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

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

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

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

if:

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

supervision pursuant to NRS 213.1076; and

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

pursuant to NRS 213.126.

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

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

of credit each month for an offender:

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

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

and

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

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

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

determined by the Director. The Chief Parole and Probation

Officer or other person responsible for the supervision of an

offender shall report to the Director the failure of an offender to

satisfy those conditions.

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

any credits earned pursuant to NRS 209.443, 209.446, 209.4465,

209.447, 209.448 and 209.449, be deducted from the maximum

term imposed by the sentence.

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

each offender is entitled pursuant to this section.

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

    209.432  As used in NRS 209.432 to 209.451, inclusive, and

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

    1.  “Offender” includes:

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

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

residential confinement.

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

state and assigned to the custody of the division of parole and

probation of the department of public safety pursuant to

NRS 209.4886.

    2.  “Residential confinement” means the confinement of a

person convicted of a felony to his place of residence under the

terms and conditions established pursuant to specific statute. The

term does not include any confinement ordered pursuant to NRS

176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive,

213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

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

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

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

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

of the terms and conditions of his parole or the laws of this state

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

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

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

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

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

must be recorded on a monthly basis as earned.

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

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

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

of the terms and conditions of his parole or the laws of this state

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

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

serves.

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

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

determined by the Director. The Chief Parole and Probation Officer

or other person responsible for the supervision of an offender shall

report to the director the failure of an offender to satisfy those

conditions.

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

any credits earned pursuant to NRS 209.443, 209.446, 209.4465,

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

the maximum term imposed by the sentence.

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

each offender is entitled pursuant to this section.

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

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

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

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

discretion of the Board.

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

the violation and notice to the parolee.

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

considers proper.

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

Director of the Department of Corrections any forfeiture or

restoration of credits pursuant to this section.

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

 

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