AB 125 — Revises provisions relating to credits against sentences of offenders. (BDR 16-233)

EXEMPT (Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT A.B.

EffectEffEffect on Localthe Government:State:

Effect on the State:

allowing certain offenders convicted of Category B felonies to have credits deducted from the minimum term or minimum aggregate term imposed by a sentence;

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 certain offenders, credits must also be deducted from the minimummaximum term or the minimummaximum aggregate term imposed by a sentence.

However,For certain offenders, credits earnedmust byalso be deducted from the minimum term or the 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.felony, but provides that an offender who has been convicted of certain offenses remains ineligible to deduct 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.bill, unless doing so would violate the ex post facto clause of the United States Constitution or Nevada Constitution.

- *AB125**AB125_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *AB125**AB125_R1* – 3 – 7.

Credits earned pursuant to this section by an offender who committed the offense on or after July 1, 2007, and who has not been convicted of:

(b) A sexual offense or an attempt to commit a sexual offense that is punishable as a felony;

(c) A violation of NRS 484C.110,[484C.110, 484C.120,484C.120,] 484C.130 or 484C.430 that is punishable as a felony;

or[or] (d) A categoryresidential Aburglary [orpursuant B] felony,  apply to eligibilityparagraph for(a) paroleof and, except as otherwise provided in subsection 9,1 mustof beNRS deducted205.060 fromthat thewas minimumcommitted termon or theafter minimumJuly aggregate1, term2020; imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.

(e) A habitual criminal adjudication pursuant to paragraph (a) of subsection 1 of NRS 207.010;

or (f) A category A [or B] felony,  apply to eligibility for parole and, except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.

The1. amendatory provisions of this act apply to offenses committed before, on or after October 1, 2021.

ForExcept the purpose of calculating credits earned by a person pursuant to NRS 209.4465, as amendedotherwise byprovided sectionin 1subsection of2: this act, the amendatory provisions of this act must be applied retroactively.

H - *AB125**AB125_R1* – 4 – (a) The amendatory provisions of this act apply to offenses committed before, on or after October 1, 2021.

(b) For the purpose of calculating credits earned by a person pursuant to NRS 209.4465, as amended by section 1 of this act, the amendatory provisions of this act must be applied retroactively.

2.

The amendatory provisions of this act do not apply to offenses committed before, on or after October 1, 2021, and for the purpose of calculating credits earned by a person pursuant to NRS 209.4465, as amended by section 1 of this act, must not be applied retroactively if applying the amendatory provisions of this act in such a manner would constitute a violation of Section 10 of Article Nevada Constitution.es Constitution or Section 15 of Article 1 of the H - *AB125_R1*