Nevada 2019 Regular Session Status: In Committee

AB 109 — Revises provisions governing credits awarded to reduce a sentence of imprisonment. (BDR 14-764)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to offenders; requiring a court to provide credit for time spent in confinement before conviction to reduce a sentence of imprisonment; authorizing a court to provide credit for time spent in residential confinement before conviction to reduce a sentence of imprisonment; providing that a defendant convicted of a misdemeanor is not eligible for credit for time spent in residential confinement before conviction; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

61 added · 45 removed

61 line(s) added, 45 removed.

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A.B.
(Reprinted with amendments adopted on April 16, 2019) FIRST REPRINT A.B.
requiring a court to provide credit for time spent in confinement before conviction to reduce a sentence of imprisonment;
providing that a defendant convicted of a misdemeanor is not eligible for credit for time spent in residential confinement before conviction;
LegExisting law authorizes a court that imposes a sentence of imprisonment in a county jail or prison to allow credit for time spent in confinement before conviction to reduce the sentence.
Legislative Counsel’s Digest:
(NRS 176.055) Section 1 of this bill additionally authorizes the court to allow credit for time spent in residential confinement, in a person’s place of residence under the terms and conditions imposed by the court, before conviction to reduce a sentence.
Existing law authorizes a court that imposes a sentence of imprisonment in a county jail or prison to allow credit for time spent in confinement before conviction to reduce the sentence.
(NRS 176.055) Section 1 of this bill requires, rather than time spent in residential confinement, in a person’s place of residence under thedit for terms and conditions imposed by the court, before conviction to reduce a sentence.
Finally, section 1 provides that a defendant who is convicted of a misdemeanor is not eligible for any credit for time spent in residential confinement before conviction.
Except as otherwise provided in subsection [2,] 3, whenever a sentence of imprisonment in the county jail or state prison is imposed, the court may order that credit be allowed against the duration of the sentence, including any minimum term or minimum aggregate term, as applicable, thereof prescribed by law [, for] :
Except as otherwise provided in [subsection 2,] subsections 3 and 4, whenever a sentence of imprisonment in the county jail or state prison is imposed, the court [may] :
(a) For the amount of time which the defendant has actually spent in confinement before conviction [,] ;
- *AB109_R1* – 2 – (a) Shall order that credit be allowed against the duration of the sentence, including any minimum term or minimum aggregate term, as applicable, thereof prescribed by law, for the amount of time which the defendant has actually spent in confinement before conviction [,] ;
or (b) For the amount of time which the defendant spent in residential confinement before conviction, - *AB109* – 2 – unless the defendant’s confinement or residential confinement was pursuant to a judgment of conviction for another offense.
and (b) May order that credit be allowed against the duration of the sentence, including any minimum term or minimum aggregate term, as applicable, thereof prescribed by law, for the amount of time which the defendant spent in residential confinement before conviction, unless the defendant’s confinement or residential confinement was pursuant to a judgment of conviction for another offense.
(b) Imprisoned in a county jail or state prison or on probation or sentence for the subsequent offense for the time the defendant hasthe spent in confinement which is within the period of the prior sentence, regardless of whether any probation or parole has been formally revoked.
(b) Imprisoned in a county jail or state prison or on probation or parole from a Nevada conviction is not eligible for any credit on the sentence for the subsequent offense for the time the defendant has spent in confinement which is within the period of the prior sentence, regardless of whether any probation or parole has been formally revoked.
A defendant who is convicted of a misdemeanor is not eligible for any credit for the amount of time which the defendant spent in residential confinement before conviction.
5.
H - *AB109*
H - *AB109_R1*
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How this bill changes current law

6 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill mandates that courts must provide credit for time spent in confinement and adds provisions for residential confinement while excluding eligibility for misdemeanor convictions.

  • NRS 176.055

    may → shall

    The court is required to grant credit for time spent in confinement before conviction.

  • NRS 176.055

    subsection 2 → subsections 3 and 4

    References to eligibility criteria have been updated.

  • NRS 176.055

    [subsection 2,]

    Subsection 2 has been renumbered to subsection 3.

  • NRS 176.055

    may order that credit be allowed against the duration of the sentence, including any minimum term or minimum aggregate term, as applicable, thereof prescribed by law, for the amount of time which the defendant spent in residential confinement before conviction,

    Courts are now allowed to provide credit for time spent in residential confinement before conviction.

  • NRS 176.055

    A defendant who is convicted of a misdemeanor is not eligible for any credit for the amount of time which the defendant spent in residential confinement before conviction.

    Defendants convicted of misdemeanors can no longer receive credit for residential confinement.

  • NRS 176.055

    As used in this section, “residential confinement” means the confinement of a person to the person’s place of residence under the terms and conditions imposed by the court.

    The definition of residential confinement has been included for clarity.

Amendments

1 amendment

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  4. Read second time. Amended. (Amend. No. 40.) To printer.

  5. From committee: Amend, and do pass as amended.

  6. Read first time. To committee.

  7. From printer.

  8. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 109 do?
AN ACT relating to offenders; requiring a court to provide credit for time spent in confinement before conviction to reduce a sentence of imprisonment; authorizing a court to provide credit for time spent in residential confinement before conviction to reduce a sentence of imprisonment; providing that a defendant convicted of a misdemeanor is not eligible for credit for time spent in residential confinement before conviction; and providing other matters properly relating thereto.
Who sponsors AB 109?
AB 109 is sponsored by Ozzie Fumo.
What is the current status of AB 109?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 109?
Track AB 109 free on One Click Politics — get push/email alerts when it moves.

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