Existing law provides that under certain circumstances an offender may earn credits to reduce his or her sentence of imprisonment, which must be deducted from the maximum term or the maximum aggregate term imposed by a sentence. For certain offenders, credits must also be deducted from the minimum term or the minimum aggregate term imposed by a sentence. However, credits earned by offenders convicted of certain offenses, such as a category B felony, may not be deducted from the minimum term or the minimum aggregate term imposed by a sentence. (NRS 209.4465) Section 1 of this bill eliminates the restriction against deducting credits from the minimum term or the minimum aggregate term imposed by a sentence for an offender who has been convicted of a category B felony, but provides that an offender who has been convicted of certain offenses remains ineligible to deduct credits from the minimum term or minimum aggregate term imposed by a sentence. Section 1 also revises the applicability of this provision to offenses committed on or after July 1, 2007. Section 2 of this bill makes the changes in section 1 retroactive for offenders who committed offenses before October 1, 2021, the effective date of this bill, unless doing so would violate the ex post facto clause of the United States Constitution or Nevada Constitution.

Statutes affected:
As Introduced: 209.4465
Reprint 1: 209.4465