211.320 - Credits for prisoner sentenced on or after October 1, 1991.

211.320  Credits for prisoner sentenced on or after October 1, 1991.

      1.  For each month in which a prisoner who is sentenced to a term of imprisonment in a local detention facility:

      (a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.

      (b) Diligently performs his or her assigned work, the sheriff or chief of police may deduct:

             (1) Not more than 10 additional days if his or her term of imprisonment is 270 days or more;

             (2) Not more than 7 additional days if his or her term of imprisonment is 180 days or more but less than 270 days;

             (3) Not more than 5 additional days if his or her term of imprisonment is 30 days or more but less than 180 days;

             (4) Not more than 3 additional days if his or her term of imprisonment is 15 days or more but less than 30 days; and

             (5) No additional days if his or her term of imprisonment is less than 15 days.

      2.  Deductions earned under subsection 1 for any period which is less than 1 month must be credited on a pro rata basis.

      3.  If, while incarcerated, a prisoner:

      (a) Commits a criminal offense;

      (b) Commits an act which endangers human life;

      (c) Intentionally disobeys a rule of the facility or fails to return from assigned work within an allotted time; or

      (d) Intentionally disobeys a rule or individual condition established pursuant to NRS 211.270,

Ê all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines. Before any forfeiture may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.

      4.  The provisions of this section apply to any prisoner who is sentenced to a term of imprisonment in a local detention facility on or after October 1, 1991:

      (a) Pursuant to a judgment of imprisonment or a fine and imprisonment; or

      (b) For a definite period for contempt in any proceeding which is not a criminal proceeding.

      5.  As used in this section, “term of imprisonment” means the total number of days a prisoner is incarcerated in the facility, including, unless the court otherwise orders at his or her sentencing hearing, the time the prisoner actually spent in confinement from the date of his or her arrest to the date on which his or her sentence begins.

      (Added to NRS by 1991, 101; A 1991, 187, 309)