NRS
209.446 Credits for offender sentenced for crime committed on or after
July 1, 1985, but before July 17, 1997.
1. Every offender who is sentenced to
prison for a crime committed on or after July 1, 1985, but before July 17,
1997, 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;
(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,
Ê a deduction
of 10 days from the offender’s sentence for each month the offender serves.
2. In addition to the credit provided for
in 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, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. 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 work release or another program conducted outside of the prison. An
offender who earns credit pursuant to this subsection is entitled to the entire
20 days of credit each month which is authorized in subsections 1 and 2.
4. The Director may allow not more than 90
days of credit each year for an offender who engages in exceptional meritorious
service.
5. The Board shall adopt regulations
governing the award, forfeiture and restoration of credits pursuant to this
section.
6. 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
which must be served before a person becomes eligible for parole.
(Added to NRS by 1985,
1924; A 1987,
510; 1989,
387; 1991,
217, 782;
1993,
136; 1997,
3182; 1999,
2880; 2001,
1163, 1937;
2001
Special Session, 157; 2003,
26, 28,
1367,
2577;
2007,
3175; 2013,
224, 3288)
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1995–2022 · leading case:
Hunt v. Warden, 903 P.2d 826 (Nev. 1995).
Hunt v. Warden, 903 P.2d 826 (Nev. 1995).
· cites it 4× “Finally, appellant argued that “NRS 209.446 mandates that the total good time made must be *1285 deducted from the maximum term imposed by the sentence.”
James Corpuz v. Eric H. Holder Jr., 697 F.3d 807 (9th Cir. 2012).
· cites it 4× “7 3 Nev. Rev. Stat. § 209.446 (1) states in full: Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her…”
Rogers v. State, 267 P.3d 802 (Nev. 2011).
“165 (1988)); NRS 209.446(6). 6 We further note that NRS 176.”
Howard (Ronald) v. Warden (Nev. 2017).
· cites it 8× “446 "[a]pply to eligibility 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.”
Williams (jessica) Vs. State, Dep't of Corr., 2017 NV 75 (Nev. 2017).
· cites it 2× “4465(7)(b) or the similar provision in subsection 6(b) of NRS 209.446, which was the credits statute that applied at the time SUPREME COURT OF NEVADA (0) I947A 8 The second problem is that interpreting the minimum- maximum sentencing statutes as the State suggests would render…”
Barrett v. Baker (D. Nev. 2019).
· cites it 2× “In his petition, Petitioner asserts that prison officials 18 have miscalculated his statutory credits for parole eligibility under Nev. Rev. Stat. §§ 209.446 and 19 213.120(1).”
Williams (jessica) Vs. State, Dep't of Corr., 2017 NV 75 (Nev. 2017).
“4465(7)(b) or the similar provision in subsection 6(b) of NRS 209.446, which was the credits statute that applied at the time SUPREME COURT OF NEVADA (0) I947A 8 The second problem is that interpreting the minimum- maximum sentencing statutes as the State suggests would render…”
Carmichael v. Williams Sr (D. Nev. 2019).
“Construing the legislative intent of NRS 209.446, the Nevada Supreme 19 Court expressly held that “the legislature did not intend good time credit to be applied to a sentence 20 of life in prison.”
Magana v. Garrett (D. Nev. 2022).
“The petition alleges the Nevada Department of Corrections (“NDOC”) 13 violated due process, equal protection, and the prohibitions against imposition of 14 ex post facto laws and cruel and unusual punishment, by failing to apply credits 15 toward Magana’s minimum sentences, in…”
Vonseydewitz (Frederick) v. Warden (Nev. 2015).
“4465(1) (providing for the deduction of 20 days' statutory credits), with NRS 209.446(1) (providing for the deduction of 10 days' statutory credits).”
— Nev. Rev. Stat. § 209.446(1) — 1 case
Vonseydewitz (Frederick) v. Warden (Nev. 2015).
“4465(1) (providing for the deduction of 20 days' statutory credits), with NRS 209.446(1) (providing for the deduction of 10 days' statutory credits).”
— Nev. Rev. Stat. § 209.446(6) — 2 cases
Rogers v. State, 267 P.3d 802 (Nev. 2011).
“165 (1988)); NRS 209.446(6). 6 We further note that NRS 176.”
Howard (Ronald) v. Warden (Nev. 2017).
“446 "[a]pply to eligibility 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.”
— Nev. Rev. Stat. § 209.446(6)(a) — 1 case
Hunt v. Warden, 903 P.2d 826 (Nev. 1995).
“Finally, appellant argued that “NRS 209.446 mandates that the total good time made must be *1285 deducted from the maximum term imposed by the sentence.”
— Nev. Rev. Stat. § 209.446(6)(b) — 1 case
Howard (Ronald) v. Warden (Nev. 2017).
“446 "[a]pply to eligibility 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.”
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