Limitation of Credit Nevada Offenders May Earn

Overview on Limitation of Credit Nevada Offenders May Earn (Nev. Rev. Stat. § 209.4495)

Nevada Revised Statutes sections 209.432 to 209.451 provide for the ability of offenders in Nevada institutions to receive credit on toward their terms of imprisonment in certain situations.  Many people refer to this as “credit for good behavior,” but there are other instances in which an offender can get credit that will reduce their term of imprisonment.  Provided below is an overview of credits on term of imprisonment, followed by the statutory language of the limitation of credit Nevada offenders may earn.

Overview of Credits on Term of Imprisonment for Nevada Offenders

Depending on the time of imprisonment or parole, Nevada law provides different rules and procedures for earning credits on a term of imprisonment.  To qualify for credits on a term of imprisonment, an offender must have no serious infraction of Department regulations, residential confinement terms and conditions, or State laws.  The offender must also perform any assigned duties in a faithful, orderly, and peaceable manner.  Additional credits are provided for those who complete a treatment program for alcohol or drug abuse, or a vocational education and training program.  Depending on the time of imprisonment and release on parole, the amount of credits allowed per time of imprisonment differs.  An overview for the most recent years is provided below.

1. Credits for offender sentenced for crime committed on or after July 17, 1997 (Nev. Rev. Stat. § 209.4465)

• 20 days for each month the offender serves
• An additional 10 day for diligence in labor and study
• Educational achievement credits:
  • (a) Generational educational development certificate or equivalent: 60 days
  • (b) High school diploma: 90 days
  • (c) Associate degree: 120 days
  • Up to 90 days for each additional degree of higher education, if authorized by the Director
• Up to 10 days of additional credit for participation in a diligent and responsible manner in a center for the purpose of making restitution, program of reentry for offenders and parolees into the community, conservation camp, work release or another program conducted outside of the prison
• Up to 90 days per year for exceptional meritorious service

2. Credits for offender on parole as of January 1, 2004, or released on parole on or after January 1, 2004 (Nev. Rev. Stat. § 209.4475)

• In addition to any credits earned pursuant to NRS § 209.443 to § 209.449:
  • If serving a term less than life, 20 days from the offender’s sentence for each month served if the offender is current with all fees and any payment of restitution.
  • An additional 10 days of credit each month for an offender who is on parole as of January 1, 2004 or released on parole on of after January 1, 2004, for a term less than life and whose diligence and labor or study merits such credits

3. Credits for treatment program for alcohol or drug abuse (Nev. Rev. Stat. § 209.448)

• 60 days for successful program of treatment for the abuse of alcohol or drugs

4. Credits for completion of vocational education and training or other program (Nev. Rev. Stat. § 209.449)

• 60 days for successful completion of a program of vocational education and training or any other program approved by the Director
• 60 additional credits for completion with meritorious or exceptional achievement

Limitation on Amount of Credit Offender May Earn (Nev. Rev. Stat. § 209.4495)

Under Nevada law, offenders are limited in the maximum amount of credits they can earn toward their term of imprisonment to the total amount of credit needed to expire the offender’s sentence.  The exact statutory language of Nev. Rev. Stat. § 209.4495 is provided below:

1.  Notwithstanding any provision of NRS 209.432 to 209.451, inclusive, which entitles an offender to receive credit or which authorizes the Director to allow credit for an offender, an offender may not earn more than the amount of credit required to expire his or her sentence.

2.  Nothing in this section shall be construed to reduce retroactively the amount of credit earned by an offender if doing so would constitute a violation under the Constitution of the United States or the Constitution of the State of Nevada.