Nevada § 209.3923 - Residential confinement or other appropriate supervision of certain older offenders: Eligibility; notification to victim; effect of violation of terms and conditions; status; restitution

§ 209.3923. Residential confinement or other appropriate supervision of certain older offenders: Eligibility; notification to victim; effect of violation of terms and conditions; status; restitution

1. Except as otherwise provided in subsection 6, the Director may assign an offender

to the custody of the Division of Parole and Probation of the Department of Public

Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation,

for not longer than the remainder of his or her sentence, if the offender: (a) Is 65 years of age or older; (b) Has not been convicted of: (1) A crime of violence; (2) A crime against a child as defined in NRS 179D.0357 ; (3) A sexual offense as defined in NRS 179D.097 ; (4) Vehicular homicide pursuant to NRS 484C.130 ; or (5) A violation of NRS 484C.430 ; and (c) Has served at least a majority of the maximum term or maximum aggregate term,

as applicable, of his or her sentence. 2. If the Director intends to assign an offender to the custody of the Division of

Parole and Probation pursuant to this section, at least 45 days before the date the

offender is expected to be released from the custody of the Department, the Director

shall notify: (a) The board of county commissioners of the county in which the offender will reside;

and (b) The Division of Parole and Probation. 3. Except as otherwise provided in NRS 213.10915 , if any victim of a crime committed by the offender has, pursuant to subsection 4

of NRS 213.131 , requested to be notified of the consideration of a prisoner for parole and has provided

a current address, the Division of Parole and Probation shall notify the victim that: (a) The Director intends to assign the offender to the custody of the Division of

Parole and Probation pursuant to this section; and (b) The victim may submit documents to the Division of Parole and Probation regarding

such an assignment. If a current address has not been provided by a victim as required by subsection 4

of NRS 213.131 , the Division of Parole and Probation must not be held responsible if notification

is not received by the victim. All personal information, including, without limitation, a current or former address,

which pertains to a victim and which is received by the Division of Parole and Probation

pursuant to this subsection is confidential. 4. If an offender assigned to the custody of the Division of Parole and Probation

pursuant to this section escapes or violates any of the terms or conditions of his

or her residential confinement or other appropriate supervision as determined by the

Division of Parole and Probation: (a) The Division of Parole and Probation may, pursuant to the procedure set forth

in NRS 213.410 , return the offender to the custody of the Department. (b) The offender forfeits all or part of the credits for good behavior earned by the

offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph

only after proof of the offense and notice to the offender and may restore credits

forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final. 5. The assignment of an offender to the custody of the Division of Parole and Probation

pursuant to this section shall be deemed: (a) A continuation of the offender's imprisonment and not a release on parole; and (b) For the purposes of NRS 209.341 , an assignment to a facility of the Department, except that the offender is not entitled to obtain any benefits or to participate

in any programs provided to offenders in the custody of the Department. 6. The Director may not assign an offender to the custody of the Division of Parole

and Probation pursuant to this section if the offender is sentenced to death or imprisonment

for life without the possibility of parole. 7. An offender does not have a right to be assigned to the custody of the Division

of Parole and Probation pursuant to this section, or to remain in that custody after

such an assignment, and it is not intended that the provisions of this section or

of NRS 213.371 to 213.410 , inclusive, create any right or interest in liberty or property or establish a basis

for any cause of action against the State, its political subdivisions, agencies, boards,

commissions, departments, officers or employees. 8. The Division of Parole and Probation may receive and distribute restitution paid

by an offender assigned to the custody of the Division of Parole and Probation pursuant

to this section. 9. As used in this section, “ crime of violence ” means any offense involving the use or threatened use of force or violence against

another person.