Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 542–Committee on Ways and Means
CHAPTER..........
AN ACT relating to offenders; extending the reversion date of the
appropriation made by the 81st Session of the Nevada
Legislature to the Department of Corrections for certain costs
related to the Nevada Offender Tracking Information System;
revising provisions governing credits earned by an offender
which reduce the term of imprisonment of the offender; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
During the 2021 Legislative Session, the Legislature appropriated $1,436,720
to the Department of Corrections for the reintegration of the Offender Sentence
Management System into the Nevada Offender Tracking Information System. Any
remaining balance of th at appropriation was required to be reverted to the State
General Fund on or before September 15, 2023. (Chapter 463, Statutes of Nevada
2021, at page 2875) During the 2023 Legislative Session, the Legislature extended
the reversion date to on or before Se ptember 19, 2025. ( Section 84 of chapter 209,
Statutes of Nevada 2023, at page 1257) Section 2 of this bill extends the reversion
date to on or before September 17, 2027.
Existing law allows an offender to earn certain credits to reduce his or her
sentence of imprisonment. (NRS 209.432 -209.453) During the 2023 Legislative
Session, the Legislature enacted Senate Bill No. 413, which established a revised
method for awarding credits to reduce the sentence of an offender that applied to an
offender sentenced to a crime committed: (1) on or after July 1, 2025; or (2) before
July 1, 2025, if the offender elected to be subject to the revised method. (Chapter
394, Statutes of Nevada 2023, at page 2308) Section 7 of this bill delays the
implementation of the revise d method to July 1, 2026. Under section 3 of this bill,
the revised method for awarding credits to reduce the sentence of an offender
applies to an offender sentenced to a crime committed: (1) on or after July 1, 2026;
or (2) before July 1, 2026, if the offender elects to be subject to the revised method.
Section 3 also: (1) permits an offender to earn additional credit for engaging in
exceptional meritorious service; (2) requires the Department to provide an offender
with certain information before the off ender elects to be subject to the revised
method; and (3) makes various other changes relating to the revised method.
Sections 4-6 make conforming changes to reflect the change of date in section 3.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Section 2 of chapter 463, Statutes of Nevada 2021, as
amended by chapter 209, Statutes of Nevada 2023, at page 1257, is
hereby amended to read as follows:
Sec. 2. 1. There is hereby appropriated from the State
General Fund to the Department of Corrections the sum of
– 2 –
- 83rd Session (2025)
$1,436,720 for the reintegration of the Offender Sentence
Management System into the Nevada Offender Tracking
Information System.
2. Any remaining balance of the appropriation made by
subsection 1 must not be committed for expenditure after
June 30, [2025,] 2027, by the entity to which the
appropriation is made or any entity to which money from the
appropriation is granted or otherwise transferred in any
manner, and any portion of the appropriated money
remaining must not be spent for any purpose after
September [19, 2025,] 17, 2027, by either the entity to which
the money was appropriated or the entity to which the money
was subsequently granted or transferred, and must be reverted
to the State General Fund on or before September [19,
2025.] 17, 2027.
Sec. 3. Section 1 of chapter 394, Statutes of Nevada 2023, at
page 2310, is hereby amended to read as follows:
Section 1. Chapter 209 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. [Except as otherwise provided in this subsection, an ]
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 min imum 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] In addition to this credit , the Director may allow not
more than 90 days of credit each year for an offender who
engages in exceptional meritorious service. Credit allowed
pursuant to this subsection [may reduce the minimum term or
the minimum aggregate term impo sed by the sentence, as
applicable, by not more than 58 percent. Credit ] must be
allowed only 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:
– 3 –
- 83rd Session (2025)
(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 ]
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. In
addition to this credit, the Director may allow not more than
90 days of credit each year for an offender who engages in
exceptional meritori ous service. 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 incarcera ted 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 red uce 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,] 2026, may irrevocably elect
to be subject to the provisions of this section. [The] Any such
election [by an offender] must apply to [be subject] both the
calculation of credits allowed pursuant to subsection 1 to
reduce the minimum term or minimum aggregate term, as
applicable, and to the [provisions of this section must not:
(a) Extend the sentence ] calculation of credits allowed
pursuant to subsection 2 to reduce the [offender;] maximum
term or maximum aggregate term, as applicable. Before an
offender makes any such election, the Department shall
– 4 –
- 83rd Session (2025)
provide the offender with a written pro jection that
compares:
(a) The estimated credit the offender may receive to
reduce the term of his or her sentence if the offender elects
to be subject to the provisions of this section; and
(b) [Otherwise] The estimated credit the offender may
receive t o reduce the term of his or her sentence if the
offender does not make such an election.
4. Nothing in this section shall be construed to reduce
retroactively the amount of credit allowed to reduce the
sentence of the offender under the laws of this Stat e as those
laws existed before July 1, [2025,] 2026, if doing so would
constitute a violation under the United States Constitution or
the Nevada Constitution.
[4.] 5. 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.] 6. The Board shall adopt regulations to carry out t he
provisions of this section. Such regulations must:
(a) Include, without limitation, provisions governing the
award, forfeiture and restoration of credits pursuant to this
section; and
(b) Require the forfeiture of credits awarded pursuant to
this sect ion if the offender does not comply with the
programming and placement identified in the risk and
– 5 –
- 83rd Session (2025)
needs assessment administered pursuant to NRS 209.341, as
determined by the Director.
Sec. 4. Section 3 of chapter 394, Stat utes of Nevada 2023, at
page 2311, is hereby amended to read as follows:
Sec. 3. NRS 209.4465 is hereby amended to read as
follows:
209.4465 1. Unless an offender has elected to be
subject to the provisions of section 1 of this act, an offender
who is sentenced to prison for a crime committed on or after
July 17, 1997, but before July 1, [2025,] 2026, 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 Sta te 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 ear ned 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
– 6 –
- 83rd Session (2025)
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 cred its 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 m inimum 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.
– 7 –
- 83rd Session (2025)
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.
Sec. 5. Section 5 of c hapter 394, Statutes of Nevada 2023, at
page 2314, is hereby amended to read as follows:
Sec. 5. NRS 209.4477 is hereby amended to read as
follows:
209.4477 1. Unless an offender has elected to be
subject to the provisions of section 1 of this act, an offender
who is serving a sentence for a crime committed before
July 1, [2025,] 2026, and who is actually incarcerated in an
institution or facility of the Department pursuant to his or her
sentence during a period in which a state of emergency due to
a communicable or infectious disease has been declared by
the Governor and remains in eff ect must be allowed, in
addition to the credits provided pursuant to NRS 209.433,
209.443, 209.446 or 209.4465, a deduction of 5 days from his
or her sentence for each month the offender serves during the
state of emergency. An offender shall not be allowe d more
than 60 days of credit pursuant to this section.
2. Credits earned pursuant to this section:
(a) Apply to eligibility for parole and must be deducted
from the minimum term or the minimum aggregate term
imposed by the sentence, as applicable, unti l the offender
becomes eligible for parole, unless the offender was
sentenced pursuant to a statute which specifies a minimum
sentence which must be served before a person becomes
eligible for parole; and
(b) Must be deducted from the maximum term or the
maximum aggregate term imposed by the sentence, as
applicable.
3. Not later than 60 days after a state of emergency due
to a communicable or infectious disease has been declared by
the Governor, the Director shall submit a report containing a
list of the offenders who have received credits pursuant to this
section to the Chief Justice of the Nevada Supreme Court, the
State Public Defender, the Attorney General, the Executive
Director of the Department of Sentencing Policy and the
Director of the Legislati ve Counsel Bureau for transmittal to
– 8 –
- 83rd Session (2025)
the Legislature or, if the Legislature is not in session, to the
Joint Interim Standing Committee on the Judiciary.
4. As used in this section:
(a) “Communicable disease” means an infectious disease
that can be trans mitted from person to person, animal to
person or insect to person.
(b) “Infectious disease” means a disease caused by a
living organism or other pathogen, including a fungus,
bacillus, parasite, protozoan or virus. An infectious disease
may or may not be transmissible from person to person,
animal to person or insect to person.
Sec. 6. Section 7 of chapter 394, Statutes of Nevada 2023, at
page 2315, is hereby amended to read as follows:
Sec. 7. NRS 209.449 is hereby amen ded to read as
follows:
209.449 1. Unless an offender has elected to be subject
to the provisions of section 1 of this act, an offender who is
serving a sentence for a crime committed before July 1,
[2025,] 2026, and 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 must be allowed, in addition to
the credits provided pursuant to NRS 209.433, 209.443,
209.446 or 209.4465 , a deduction of 60 days from the
maximum term or the maximum aggregate term of the
offender’s sentence, as applicable, for the successful
completion of:
(a) A program of vocational education and training; or
(b) Any other program approved by the Director.
2. If the offender completes such a program with
meritorious or exceptional achievement, the Director may
allow not more than 60 days of credit in addition to the 60
days allowed for completion of the program.
Sec. 7. Section 11 of chapter 394, Statutes of Nevada 2023, at
page 2318, is hereby amended to read as follows:
Sec. 11. 1. This section and section 10.5 of this act
become effective upon passage and approval.
2. Sections 10.1 and 10.3 of this act become effective on
July 1, 2023.
3. Sections 1 to 10, inclusive, of this act become
effective upon passage and approval for the purpose of
adopting any regulations and performing any other
preparatory administrative tasks that are necessary to carry
– 9 –
- 83rd Session (2025)
out the provisions of this act and on July 1, [2025,] 2026, for
all other purposes.
Sec. 8. This act becomes effective upon passage and approval.
20 ~~~~~ 25