NRS
209.443 Credits for offender sentenced after June 30, 1969, for crime
committed before July 1, 1985.
1. Every offender who is sentenced to
prison after June 30, 1969, for a crime committed before July 1, 1985, 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 under sentence; and
(b) For the period the offender is in residential
confinement,
Ê 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 for actual time
served.
2. The credits earned by an offender must
be deducted from the maximum term or the maximum aggregate term imposed by the
sentence, as applicable, and, except as otherwise provided in subsection 5,
must apply to eligibility for parole.
3. In addition to the credits for good
behavior provided for in subsection 1, the Board shall adopt regulations
allowing credits for offenders whose diligence in labor or study merits such
credits and for offenders who donate their blood for charitable purposes. The
regulations must provide that an offender is entitled to the following credits
for educational achievement:
(a) For earning a general educational development
certificate or an equivalent document, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the
deductions allowed by this section if the offender has satisfied the conditions
of subsection 1 or 3 as determined by the Director.
5. Credits earned pursuant to this section
do not apply to eligibility for parole if a statute specifies a minimum
sentence which must be served before a person becomes eligible for parole.
(Added to NRS by 1977,
851; A 1983,
360, 723;
1985,
1925; 1989,
386; 1991,
780; 1993,
135; 1999,
135; 2003,
1366; 2013,
223, 3288)
Notes of Decisions
Demosthenes v. Williams, 637 P.2d 1203 (Nev. 1981).
· cites it 8× “We find NRS 209.443 applicable, and the minimum term respondents are to serve before parole eligibility is to be reduced by their good time credits.”
Stevens v. Warden, Nevada State Prison, 969 P.2d 945 (Nev. 1998).
· cites it 4× “Because Stevens had been serving a death sentence, no good time credits had been applied to his sentence; however, after this court reversed the death sentence and the district court resen-tenced Stevens in 1995, prison authorities used the 5-10-12% formula under NRS 209.443 to…”
Biffath v. Warden, Nevada State Prison, 593 P.2d 51 (Nev. 1979).
· cites it 3× “Our statute, NRS 209.443, provides that credits shall be computed based upon the “term of the sentence”, and “shall be deducted from the maximum term imposed by the sentence”.”
Nevada Dep't of Prisons v. Bowen, 745 P.2d 697 (Nev. 1987).
“For the vast majority of prisoners, however, the result is a significantly longer time behind bars, because prisoners serving multiple consecutive sentences may be paroled from a prior sentence to a subsequent sentence, thus satisfying both sentences concurrently.”
Reynolds v. Wolff, 916 F. Supp. 1018 (D. Nev. 1996).
· cites it 3× “At plaintiff Staude's trial, defendant Waggener testified that Warden Wolff refused to provide her with institutional reports regarding the incident and instructed her to find Staude guilty without regard to the evidence presented.”
Shapley v. Housewright, 612 F. Supp. 94 (D. Nev. 1985).
· cites it 9× “A hearing was held in the state habeas case on May 18, 1983, and on May 25, 1983, the state district court denied Shapley’s petition on the grounds that Shapley’s statutory good time credits had been properly computed as to each sentence under NRS 209.443, where each sentence is…”
— Nev. Rev. Stat. § 209.443(1) — 2 cases
Reynolds v. Wolff, 916 F. Supp. 1018 (D. Nev. 1996).
“At plaintiff Staude's trial, defendant Waggener testified that Warden Wolff refused to provide her with institutional reports regarding the incident and instructed her to find Staude guilty without regard to the evidence presented.”
Shapley v. Housewright, 612 F. Supp. 94 (D. Nev. 1985).
“A hearing was held in the state habeas case on May 18, 1983, and on May 25, 1983, the state district court denied Shapley’s petition on the grounds that Shapley’s statutory good time credits had been properly computed as to each sentence under NRS 209.443, where each sentence is…”
— Nev. Rev. Stat. § 209.443(3) — 1 case
Shapley v. Housewright, 612 F. Supp. 94 (D. Nev. 1985).
“A hearing was held in the state habeas case on May 18, 1983, and on May 25, 1983, the state district court denied Shapley’s petition on the grounds that Shapley’s statutory good time credits had been properly computed as to each sentence under NRS 209.443, where each sentence is…”
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