Williams v. State, Department of Corrections

Where an offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years but does not mention parole eligibility, credits apply to eligibility for parole as provided in Nev. Rev. Stat. 209.4465(7)(b), which provides that credits earned pursuant to Nev. Rev. Stat. 209.4465 apply to eligibility for parole unless the offender was sentenced pursuant to a statute that specifies a minimum sentence that must be served before a person becomes eligible for parole.Appellant was convicted of six counts of driving a vehicle with a prohibited substance in her blood or urine causing death. Appellant later petitioned for a writ of habeas corpus, arguing that she was entitled to have credits earned pursuant to section 209.4465 apply to her eligibility for parole. The district court denied the petition, concluding that a prison must serve his or her minimum term before being eligible for parole and, therefore, the credits did not apply to Appellant’s eligibility for parole. The Supreme Court reversed and remanded the matter, holding that credits that Appellant earned under section 209.4465 should be applied to her parole eligibility for any sentence she is currently serving and on which she has not appeared before the parole board. View "Williams v. State, Department of Corrections" on Justia Law