1. Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences, the terms of which have been aggregated:
(a) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate term of imprisonment; and
(b) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.
2. Except as otherwise provided in subsection 3, for purposes of determining parole eligibility, a prisoner whose sentences have been aggregated may earn credit pursuant to NRS 209.433 to 209.449, inclusive, which must be deducted from the minimum aggregate term of imprisonment or the maximum aggregate term of imprisonment, as applicable. Such credits may be earned only to the extent that the credits would otherwise be earned had the sentences not been aggregated.
3. For purposes of determining parole eligibility, if the sentences of a prisoner are governed by different provisions of law concerning the earning of credits pursuant to NRS 209.433 to 209.4465, inclusive, the Department of Corrections shall determine the minimum term of each sentence to be aggregated for the purpose of establishing a minimum aggregate term of imprisonment as follows:
(a) If the parole eligibility of a prisoner is based on credits earned pursuant to NRS 209.433 or 209.443, the Department of Corrections shall establish a fixed minimum term for that sentence based on the assumption that the prisoner will earn all future credits to reduce that sentence as provided in NRS 209.433 or 209.443, as applicable, except for credits earned for donating blood or for educational achievements in accordance with any regulations adopted by the Board pursuant to subsection 2 of NRS 209.433 or subsection 3 of NRS 209.443. Any such credits earned by a prisoner for donating blood or for educational achievements that are awarded after a minimum aggregate term of imprisonment is established must be applied only to the maximum aggregate term of imprisonment.
(b) If the parole eligibility of a prisoner is based on credits earned pursuant to NRS 209.446, the Department of Corrections shall establish a fixed minimum term for that sentence based on the assumption that the prisoner will earn all future credits to reduce that sentence as provided in NRS 209.446, except for credits earned for educational achievements pursuant to subsection 2 of NRS 209.446 or for meritorious service pursuant to subsection 4 of NRS 209.446. Any such credits earned for educational achievements or meritorious service that are awarded after a minimum aggregate term of imprisonment is established must be applied only to the maximum aggregate term of imprisonment.
(c) If a prisoner is eligible to earn a deduction from the minimum term of his or her sentence pursuant to subsection 8 of NRS 209.4465, the minimum term of the sentence to be aggregated must be the minimum term set by the court, and the provisions of subsection 9 of NRS 209.4465 must be applied to the aggregated sentence.
(d) If a prisoner is not eligible to earn a deduction from the minimum term of his or her sentence, the minimum term of the sentence to be aggregated must be the term set by the court or, if the court does not set the minimum term, the minimum term required by law.
4. A prisoner whose sentences have been aggregated pursuant to subsection 3 may earn credits to reduce the maximum aggregate term of imprisonment, as already reduced by any presentence credits stipulated in the judgment of conviction or other applicable court order, pursuant to NRS 209.4465 or 209.4475 beginning on the date the prisoner elected to have the sentences aggregated or on the date of sentencing.
5. Except as otherwise provided in subsection 6 and subsection 3 of NRS 176.035, a prisoner who is serving consecutive sentences which have not been aggregated may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the sentences aggregated. If the prisoner makes such an irrevocable election to have the sentences aggregated and:
(a) The prisoner has not been considered for parole on any of the sentences requested to be aggregated, the Department of Corrections shall aggregate the sentences in the manner set forth in this section and NRS 176.035 and the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.
(b) The prisoner has been considered for parole on one or more of the sentences requested to be aggregated, the Department of Corrections shall aggregate only the sentences for which parole has not been considered. The Board is not required to consider the prisoner for parole on the aggregated sentences until the prisoner has served the minimum aggregate term of imprisonment.
6. At the request of a prisoner, the Department of Corrections may disaggregate any aggregated sentences for which parole has not been considered for the purpose of aggregating such sentences with other sentences pursuant to this section or NRS 176.035.
7. Except as otherwise provided in subsection 3 of NRS 176.035, if the Department of Corrections aggregates sentences that are comprised of separate aggregated sentences, the Department of Corrections may aggregate all the consecutive sentences to create a single aggregated sentence.
8. The provisions of this section do not establish a basis for any cause of action by a prisoner against the State or its political subdivisions, agencies, boards, commissions, departments, officers or employees relating to any credits the prisoner might have earned if the sentences of the prisoner had not been aggregated.
(Added to NRS by 2013, 228; A 2019, 234)
Structure Nevada Revised Statutes
Chapter 213 - Pardons and Paroles; Remissions of Fines and Commutations of Punishments
NRS 213.010 - State Board of Pardons Commissioners: Members; meetings; notice of meetings to victim.
NRS 213.015 - Salaries of certain Board members who are justices of Supreme Court.
NRS 213.017 - Secretary of Board: Appointment; qualifications; duties.
NRS 213.030 - When notice of application not required.
NRS 213.035 - Restoration of civil rights expedited by Board under certain conditions.
NRS 213.055 - Person with communications disability entitled to services of interpreter at hearing.
NRS 213.060 - Procedure when judgment of fine or forfeiture is remitted.
NRS 213.070 - Fines and forfeitures do not include discharge from liability on bail bond.
NRS 213.080 - Procedure when death penalty is commuted.
NRS 213.090 - Pardon: Restoration of civil rights; relieved of disabilities; limitations.
NRS 213.095 - Notice by Board to victim if clemency granted.
NRS 213.100 - Order of discharge when clemency granted.
NRS 213.10705 - Legislative declaration concerning parole, probation and residential confinement.
NRS 213.1071 - Division: Creation; composition; Chief.
NRS 213.1075 - Information obtained by employees of Division or Board privileged; nondisclosure.
NRS 213.1076 - Fee to defray costs of supervision; regulations; waiver.
NRS 213.1077 - Contracts and agreements with Federal Government.
NRS 213.108 - Creation; members; Chair; qualifications; decisions.
NRS 213.1085 - Executive Secretary: Appointment; unclassified service; qualifications; duties.
NRS 213.1092 - Chief: Appointment; qualifications.
NRS 213.1094 - Chief: Other employment prohibited.
NRS 213.1095 - Chief: Powers and duties.
NRS 213.1096 - Powers and duties of assistant parole and probation officers.
NRS 213.10985 - Seizure, custody, use and sale of dangerous instrument or weapon.
NRS 213.10988 - Chief to adopt standards for recommendations regarding parole or probation.
NRS 213.1099 - Limitations on Board’s power to release prisoners on parole.
NRS 213.120 - When prisoner becomes eligible for parole.
NRS 213.1215 - Mandatory release of certain prisoners; exceptions.
NRS 213.122 - Chief to develop statewide plan for enhanced supervision of parolees.
NRS 213.123 - Imposition of tests to determine use of controlled substance as condition of parole.
NRS 213.1245 - Prisoner convicted of sexual offense: Mandatory conditions of parole.
NRS 213.126 - Requirement of restitution as condition of parole; Restitution Trust Fund.
NRS 213.1263 - Board may prohibit association with members of criminal gang as condition of parole.
NRS 213.142 - Rehearing to be scheduled if parole denied.
NRS 213.151 - Arrest of alleged violator of parole: Powers and duties of peace officers.
NRS 213.15105 - Placement of alleged parole violator in residential confinement pending inquiry.
NRS 213.1526 - Residential confinement of violator of parole: Violation of term or condition.
NRS 213.1528 - Residential confinement of violator of parole: Program of enhanced supervision.
NRS 213.1543 - Division to recommend early discharge of certain parolees; regulations.
NRS 213.155 - Restoration of civil rights after discharge from parole; limitations.
NRS 213.215 - Enactment of Compact.
NRS 213.293 - "Department" defined.
NRS 213.294 - "Director" defined.
NRS 213.297 - "Program" defined.
NRS 213.300 - Establishment of program.
NRS 213.310 - Selection and referral of offenders for enrollment in program.
NRS 213.320 - Administration of program; duties of Director.
NRS 213.330 - Disposition of salaries and wages of offender.
NRS 213.350 - Enrollees not agents or employees of State; status.
NRS 213.360 - Termination of enrollment; unauthorized absence constitutes escape.
NRS 213.390 - Duties of Chief Parole and Probation Officer.
NRS 213.605 - "Board" defined.
NRS 213.607 - "Correctional program" defined.
NRS 213.609 - "Director" defined.
NRS 213.610 - "Division" defined.
NRS 213.615 - "Judicial program" defined.
NRS 213.620 - "Reentry court" defined.
NRS 213.635 - Supervision of participant in correctional or judicial program.