209.451 - Forfeiture and restoration of credits.
209.451 Forfeiture and restoration of credits.
1. If an offender:
(a) Commits an assault upon his or her keeper or a foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of a flagrant disregard of the regulations of the Department or of the terms and conditions of his or her residential confinement;
(c) Commits a misdemeanor, gross misdemeanor or felony; or
(d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:
(1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing the offender’s opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;
(2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or
(3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,
Ê the offender forfeits all deductions of time earned by the offender before the commission of that offense or act, or forfeits such part of those deductions as the Director considers just.
2. If an offender commits a serious violation of the regulations of the Department or of the terms and conditions of his or her residential confinement or if an offender violates subsection 4 of NRS 209.367, the offender may forfeit all or part of such deductions, in the discretion of the Director.
3. A forfeiture may be made only by the Director after proof of the commission of an act prohibited pursuant to this section and notice to the offender in the manner prescribed in the regulations of the Department. The decision of the Director regarding a forfeiture is final.
4. The Director may restore credits forfeited for such reasons as the Director considers proper.
5. As used in this section, “civil action” includes a petition for a writ of habeas corpus filed in state or federal court.
(Added to NRS by 1977, 852; A 1985, 687, 1926; 1991, 1410; 1995, 210; 1997, 1642; 1999, 146)