Nevada § 209.4467 - Credits for complying with programming and placement identified in risk and needs assessment; duties of Director relating to provision of credit; regulations

the programming and placement identified in the risk and needs assessment administered

pursuant to NRS 209.341 , as determined by the Director, 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. Any credit allowed pursuant to this subsection may reduce the minimum term or the

minimum aggregate term imposed by the sentence, as applicable, by not more than 58

percent. Credit must be allowed for the period the offender is actually incarcerated pursuant

to his or her sentence and applies to eligibility for parole, unless the offender

was sentenced pursuant to a specific statute which specifies that a minimum sentence

must be served before the offender becomes eligible 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. Except as otherwise provided in this subsection, an offender who complies with

the programming and placement identified in the risk and needs assessment administered

pursuant to NRS 209.341 , as determined by the Director, 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. 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. An offender who is sentenced to prison for a crime committed before July 1, 2025,

may irrevocably elect to be subject to the provisions of this section. The election by an offender to be subject to the provisions of this section must

not: (a) Extend the sentence of the offender; or (b) Otherwise 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,

2025, if doing so would constitute a violation under the United States Constitution

or the Nevada Constitution. 4. 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. 5. The Board shall adopt regulations to carry out the provisions of this section.