2005 Nevada Revised Statutes - Chapter 176A — Probation and Suspension of Sentence

CHAPTER 176A - PROBATION AND SUSPENSION OFSENTENCE

GENERAL PROVISIONS

NRS 176A.010 Definitions.

NRS 176A.020 Boarddefined.

NRS 176A.030 Courtdefined.

NRS 176A.040 Divisiondefined.

NRS 176A.045 Mentalillness defined.

NRS 176A.047 Mentalretardation defined.

NRS 176A.050 Paroleand probation officer defined.

NRS 176A.060 Residentialconfinement defined.

NRS 176A.070 Standardsdefined.

NRS 176A.080 Suretybond defined.

AUTHORITY OF THE COURT; LIMITATIONS

NRS 176A.100 Authorityand discretion of court to suspend sentence and grant probation; personseligible; factors considered; intensive supervision; submission of report ofpresentence investigation.

NRS 176A.110 Personsconvicted of certain offenses required to be certified as not representing highrisk to reoffend before court suspends sentence or grants probation; immunity.

NRS 176A.120 Personsconvicted of certain offenses against elderly required to pay restitutionbefore court suspends sentence or grants probation; exceptions.

PROCEDURE

NRS 176A.200 Investigationby Division.

NRS 176A.210 Promiseto comply with conditions of probation; waiver of extradition.

NRS 176A.220 Certificationof copy of records; delivery of copy to Chief Parole and Probation Officer.

ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS

NRS 176A.250 Establishmentof program for treatment of mental illness or mental retardation; assignment ofdefendant to program; progress reports.

NRS 176A.255 Transferof jurisdiction from Justice Court or municipal court to district court forassignment of defendant to program.

NRS 176A.260 Conditionsand limitations on assignment of defendant to program; effect of violation ofterms and conditions; discharge of defendant upon fulfillment of terms andconditions; effect of discharge.

NRS 176A.265 Sealingof records after discharge.

PROGRAM OF PROBATION SECURED BY SURETY BOND

NRS 176A.300 Executionand amount of surety bond.

NRS 176A.310 Conditions;duties of surety; probationer to report to and pay surety.

NRS 176A.320 Failureof surety to fulfill duties; failure of probationer to fulfill conditions ofsurety bond.

NRS 176A.330 Exonerationof surety and setting aside of forfeiture of surety bond.

NRS 176A.340 Procedurewhen surety not exonerated; enforcement of liability; remission of judgment ofdefault.

NRS 176A.350 Dischargeof surety and release of bond.

NRS 176A.360 Arrestof probationer.

NRS 176A.370 Moneycollected to be deposited in State General Fund.

TERMS AND CONDITIONS

NRS 176A.400 Impositionby court; alternative programs or treatment; prohibition on suspending term ofimprisonment; placement under supervision of Chief Parole and ProbationOfficer.

NRS 176A.410 Requiredterms and conditions for sex offenders; powers and duties of court; exceptions.

NRS 176A.413 Restrictionsrelating to computers and use of Internet and other electronic means ofcommunication; powers and duties of court; exceptions.

NRS 176A.416 Evaluationsand counseling for offenses involving cruelty to animals; powers and duties ofcourt.

NRS 176A.420 Teststo determine use of controlled substance.

NRS 176A.430 Restitution.

NRS 176A.440 Programof intensive supervision.

NRS 176A.450 Modification;procedure for modifying conditions relating to program of probation secured bysurety bond; limitations.

DURATION; ARREST FOR ALLEGED VIOLATION

NRS 176A.500 Authorityof court to fix duration; limitations; arrest for alleged violation; powers andduties of peace officers.

PROCEEDINGS AFTER ARREST

Residential Confinement Pending Inquiry or Consideration by Court

NRS 176A.530 Authorityof Chief Parole and Probation Officer to order.

NRS 176A.540 Requirements;intensive supervision; use of electronic device; limitations.

NRS 176A.550 Termsand conditions; modification; notice to probationer.

NRS 176A.560 Termination;detention of probationer in jail.

 

Inquiry to Determine Probable Cause

NRS 176A.580 Inquiryrequired before alleged violation considered by court; qualifications ofinquiring officer; time and place of inquiry; exceptions; subpoenas.

NRS 176A.590 Enforcementof subpoena issued by inquiring officer; contempt.

NRS 176A.600 Noticeto probationer; rights of probationer at inquiry.

NRS 176A.610 Dutiesof inquiring officer; determination; detention or residential confinement ofprobationer upon finding probable cause.

 

Consideration of Alleged Violation by the Court; Assessment ofExpenses

NRS 176A.630 Assignmentof case; consideration of alleged violation; revocation permitted upon findingviolation; alternative actions; restitution for governmental expenses.

NRS 176A.640 Expensesof returning arrested probationer to court are charge against State; payment.

RESIDENTIAL CONFINEMENT AFTER VIOLATION

NRS 176A.660 Authorityof court to order; requirements; intensive supervision; use of electronicdevice; limitations.

NRS 176A.670 Termsand conditions; modification; notice.

NRS 176A.680 Authorityof court to modify or rescind for subsequent violation; imposition of otherpunishment.

NRS 176A.690 Establishmentof procedures by Division for supervision of persons in residentialconfinement.

RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS

NRS 176A.720 Establishment.

NRS 176A.730 Assignmentof probationers; limitations.

NRS 176A.740 Dutiesand powers of Division; management of earnings and assets of probationer;regulations.

PROGRAM OF REGIMENTAL DISCIPLINE

NRS 176A.770 Legislativedeclaration.

NRS 176A.780 Eligibility;procedure; completion; deduction of time from sentence.

DISCHARGE

NRS 176A.850 Honorabledischarge from probation: When granted; restoration of civil rights; effect;documentation.

NRS 176A.870 Dishonorabledischarge.

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GENERAL PROVISIONS

NRS 176A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS176A.020 to 176A.080, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505; 2001 SpecialSession, 260; 2003,1946)

NRS 176A.020 Boarddefined. Board means the State Board ofParole Commissioners.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505)(Substituted in revision for part of NRS 176.175)

NRS 176A.030 Courtdefined. Court means a district court of theState of Nevada.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505)(Substituted in revision for part of NRS 176.175)

NRS 176A.040 Divisiondefined. Division means the Division of Paroleand Probation of the Department of Public Safety.

(Added to NRS by 1993, 1512; A 2001, 2570)

NRS 176A.045 Mentalillness defined. Mental illness has themeaning ascribed to it in NRS 433.164.

(Added to NRS by 2001 Special Session,258; A 2003, 1946)

NRS 176A.047 Mentalretardation defined. Mental retardation hasthe meaning ascribed to it in NRS 433.174.

(Added to NRS by 2003, 1945)

NRS 176A.050 Paroleand probation officer defined. Parole and probationofficer means the Chief Parole and Probation Officer or an assistant paroleand probation officer appointed in accordance with the provisions of chapter 213 of NRS.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505)(Substituted in revision for part of NRS 176.175)

NRS 176A.060 Residentialconfinement defined. Residential confinementmeans the confinement of a person convicted of a crime to his place of residenceunder the terms and conditions established by the sentencing court.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505)(Substituted in revision for part of NRS 176.175)

NRS 176A.070 Standardsdefined. Standards means the objectivestandards for granting or revoking parole or probation which are adopted by theBoard or Chief Parole and Probation Officer.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505)(Substituted in revision for part of NRS 176.175)

NRS 176A.080 Suretybond defined. Surety bond means a writtenundertaking, executed by a surety, that a person will, as a result of the bond,participate in a program of probation and that in the event that the personviolates a condition of the program of probation, the surety will pay the courtthe amount of money specified for the bond.

(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83;1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671,2505)(Substituted in revision for part of NRS 176.175)

AUTHORITY OF THE COURT; LIMITATIONS

NRS 176A.100 Authorityand discretion of court to suspend sentence and grant probation; personseligible; factors considered; intensive supervision; submission of report ofpresentence investigation.

1. Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty ina district court upon verdict or plea of:

(a) Murder of the first or second degree, kidnapping inthe first degree, sexual assault, attempted sexual assault of a child who isless than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which thesuspension of sentence or the granting of probation is expressly forbidden, orif the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felonpursuant to NRS 207.014 or a habitualfelon pursuant to NRS 207.012, the courtshall not suspend the execution of the sentence imposed or grant probation tothe person.

(b) A category E felony, except as otherwise providedin this paragraph, the court shall suspend the execution of the sentenceimposed and grant probation to the person. The court may, as it deemsadvisable, decide not to suspend the execution of the sentence imposed andgrant probation to the person if, at the time of sentencing, it is establishedthat the person:

(1) Was serving a term of probation or was onparole at the time the crime was committed, whether in this state or elsewhere,for a felony conviction;

(2) Had previously had his probation or parolerevoked, whether in this state or elsewhere, for a felony conviction;

(3) Had previously been assigned to a program oftreatment and rehabilitation pursuant to NRS453.580 and failed to successfully complete that program; or

(4) Had previously been two times convicted,whether in this state or elsewhere, of a crime that under the laws of the situsof the crime or of this state would amount to a felony.

If theperson denies the existence of a previous conviction, the court shall determinethe issue of the previous conviction after hearing all relevant evidence presentedon the issue by the prosecution and the person. At such a hearing, the personmay not challenge the validity of a previous conviction. For the purposes ofthis paragraph, a certified copy of a felony conviction is prima facie evidenceof conviction of a prior felony.

(c) Another felony, a gross misdemeanor or amisdemeanor, the court may suspend the execution of the sentence imposed andgrant probation as the court deems advisable.

2. In determining whether to grant probation to aperson, the court shall not consider whether the person has the financialability to participate in a program of probation secured by a surety bondestablished pursuant to NRS 176A.300to 176A.370, inclusive.

3. The court shall consider the standards adoptedpursuant to NRS 213.10988 and therecommendation of the Chief Parole and Probation Officer, if any, in determiningwhether to grant probation to a person.

4. If the court determines that a person is otherwiseeligible for probation but requires more supervision than would normally beprovided to a person granted probation, the court may, in lieu of sentencinghim to a term of imprisonment, grant him probation pursuant to the Program ofIntensive Supervision established pursuant to NRS 176A.440.

5. Except as otherwise provided in this subsection, ifa person is convicted of a felony and the Division is required to make apresentence investigation and report to the court pursuant to NRS 176.135, the court shall not grantprobation to the person until the court receives the report of the presentenceinvestigation from the Chief Parole and Probation Officer. The Chief Parole andProbation Officer shall submit the report of the presentence investigation tothe court not later than 45 days after receiving a request for a presentenceinvestigation from the county clerk. If the report of the presentenceinvestigation is not submitted by the Chief Parole and Probation Officer within45 days, the court may grant probation without the report.

6. If the court determines that a person is otherwiseeligible for probation, the court shall, when determining the conditions ofthat probation, consider the imposition of such conditions as would facilitatetimely payments by the person of his obligation, if any, for the support of achild and the payment of any such obligation which is in arrears.

(Added to NRS by 1967, 1434; A 1973, 68, 1802; 1975,84; 1977, 289, 658, 1631; 1979, 1460; 1981, 369; 1989, 1887; 1991, 71, 1002,2044, 2045, 2046; 1993, 9; 1995, 224, 857, 1249, 1328, 2388, 2389; 1997, 519,1187, 2505, 2509; 1999,565, 1192; 2003, 846, 2827)

NRS 176A.110 Personsconvicted of certain offenses required to be certified as not representing highrisk to reoffend before court suspends sentence or grants probation; immunity.

1. The court shall not grant probation to or suspendthe sentence of a person convicted of an offense listed in subsection 3 unless:

(a) If a psychosexual evaluation of the person isrequired pursuant to NRS 176.139, theperson who conducts the psychosexual evaluation certifies in the reportprepared pursuant to NRS 176.139 thatthe person convicted of the offense does not represent a high risk to reoffendbased upon a currently accepted standard of assessment; or

(b) If a psychosexual evaluation of the person is notrequired pursuant to NRS 176.139, apsychologist licensed to practice in this State who is trained to conductpsychosexual evaluations or a psychiatrist licensed to practice medicine inthis State who is certified by the American Board of Psychiatry and Neurology,Inc., and is trained to conduct psychosexual evaluations certifies in a writtenreport to the court that the person convicted of the offense does not representa high risk to reoffend based upon a currently accepted standard of assessment.

2. This section does not create a right in any personto be certified or to continue to be certified. No person may bring a cause ofaction against the State, its political subdivisions, or the agencies, boards,commissions, departments, officers or employees of the State or its politicalsubdivisions for not certifying a person pursuant to this section or forrefusing to consider a person for certification pursuant to this section.

3. The provisions of this section apply to a personconvicted of any of the following offenses:

(a) Attempted sexual assault of a person who is 16years of age or older pursuant to NRS200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

(c) Battery with intent to commit sexual assaultpursuant to NRS 200.400.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minorpursuant to NRS 200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in actsconstituting the infamous crime against nature pursuant to NRS 201.195.

(h) Open or gross lewdness pursuant to NRS 201.210.

(i) Indecent or obscene exposure pursuant to NRS 201.220.

(j) Sexual penetration of a dead human body pursuant toNRS 201.450.

(k) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony.

(l) A violation of NRS207.180.

(m) An attempt to commit an offense listed inparagraphs (b) to (l), inclusive.

(n) Coercion or attempted coercion that is determinedto be sexually motivated pursuant to NRS207.193.

(Added to NRS by 1997, 2504; A 2001, 1638, 2792; 2003, 67, 1382, 2828)

NRS 176A.120 Personsconvicted of certain offenses against elderly required to pay restitutionbefore court suspends sentence or grants probation; exceptions.

1. Except as otherwise provided in subsection 2, thecourt shall not grant probation to a person whose conduct during the commissionof the crime for which he was convicted satisfies the requirements for imposingan additional term of imprisonment pursuant to paragraph (h) or (i) ofsubsection 1 of NRS 193.167 orsubsection 2 of NRS 193.167, until theconvicted person has paid to the victim of the offense at least 80 percent ofthe amount of restitution set by the court pursuant to NRS 176.033.

2. The court shall not deny probation to a person asprovided in subsection 1 unless the court determines that the person haswillfully failed to make restitution to the victim of the crime and the personhas the ability to make restitution.

(Added to NRS by 1997, 1031; A 1999, 43)

PROCEDURE

NRS 176A.200 Investigationby Division. The Division shall inquire intothe circumstances of the offense, criminal record, social history and presentcondition of the defendant. Such an investigation may include a physical andmental examination of the defendant. The expense of any such examination mustbe paid by the county in which the indictment was found or the informationfiled.

(Added to NRS by 1967, 1435; A 1997, 130; 2005, 81)

NRS 176A.210 Promiseto comply with conditions of probation; waiver of extradition. Upon entry of an order of probation by the court, aperson:

1. Shall be deemed accepted for probation for allpurposes; and

2. Shall submit to the Division for filing with theclerk of the court of competent jurisdiction a signed document stating that:

(a) He will comply with the conditions which have beenimposed by the court and are stated in the document; and

(b) If he fails to comply with the conditions imposedby the court and is taken into custody outside of this State, he waives all hisrights relating to extradition proceedings.

(Added to NRS by 1995, 25; A 2005, 81)

NRS 176A.220 Certificationof copy of records; delivery of copy to Chief Parole and Probation Officer. The court shall, upon the entering of an order ofprobation or suspension of sentence, as provided for in this chapter, directthe clerk of the court to certify a copy of the records in the case and deliverthe copy to the Chief Parole and Probation Officer.

(Added to NRS by 1991, 2043; A 1995, 26,1250)(Substituted in revision for NRS 176.1857)

ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS

NRS 176A.250 Establishmentof program for treatment of mental illness or mental retardation; assignment ofdefendant to program; progress reports. Acourt may establish an appropriate program for the treatment of mental illnessor mental retardation to which it may assign a defendant pursuant to NRS 176A.260. The assignment must includethe terms and conditions for successful completion of the program and providefor progress reports at intervals set by the court to ensure that the defendantis making satisfactory progress towards completion of the program.

(Added to NRS by 2001 Special Session,259; A 2003, 1946)

NRS 176A.255 Transferof jurisdiction from Justice Court or municipal court to district court forassignment of defendant to program.

1. A Justice Court or a municipal court may, uponapproval of the district court, transfer original jurisdiction to the districtcourt of a case involving an eligible defendant.

2. As used in this section, eligible defendant meansa person who:

(a) Has not tendered a plea of guilty or nolo contendereto, or been found guilty of, an offense that is a misdemeanor;

(b) Appears to suffer from mental illness or to bementally retarded; and

(c) Would benefit from assignment to a programestablished pursuant to NRS 176A.250.

(Added to NRS by 2001 Special Session,259; A 2003, 1467,1946)

NRS 176A.260 Conditionsand limitations on assignment of defendant to program; effect of violation ofterms and conditions; discharge of defendant upon fulfillment of terms andconditions; effect of discharge.

1. Except as otherwise provided in subsection 2, if adefendant who suffers from mental illness or is mentally retarded tenders aplea of guilty or nolo contendere to, or is found guilty of, any offense forwhich the suspension of sentence or the granting of probation is not prohibitedby statute, the court may, without entering a judgment of conviction and withthe consent of the defendant, suspend further proceedings and place thedefendant on probation upon terms and conditions that must include attendanceand successful completion of a program established pursuant to NRS 176A.250.

2. If the offense committed by the defendant involvedthe use or threatened use of force or violence or if the defendant waspreviously convicted in this State or in any other jurisdiction of a felonythat involved the use or threatened use of force or violence, the court may notassign the defendant to the program unless the prosecuting attorney stipulatesto the assignment.

3. Upon violation of a term or condition:

(a) The court may enter a judgment of conviction andproceed as provided in the section pursuant to which the defendant was charged.

(b) Notwithstanding the provisions of paragraph (e) ofsubsection 2 of NRS 193.130, the courtmay order the defendant to the custody of the Department of Corrections if theoffense is punishable by imprisonment in the state prison.

4. Upon fulfillment of the terms and conditions, thecourt shall discharge the defendant and dismiss the proceedings against him.Discharge and dismissal pursuant to this section is without adjudication ofguilt and is not a conviction for purposes of this section or for purposes ofemployment, civil rights or any statute or regulation or license orquestionnaire or for any other public or private purpose, but is a convictionfor the purpose of additional penalties imposed for second or subsequent convictionsor the setting of bail. Discharge and dismissal restores the defendant, in thecontemplation of the law, to the status occupied before the arrest, indictmentor information. The defendant may not be held thereafter under any law to beguilty of perjury or otherwise giving a false statement by reason of failure torecite or acknowledge that arrest, indictment, information or trial in responseto an inquiry made of him for any purpose.

(Added to NRS by 2001 Special Session,259; A 2003, 1467,1946)

NRS 176A.265 Sealingof records after discharge.

1. Three years after a defendant is discharged fromprobation pursuant to NRS 176A.260,the court shall order sealed all documents, papers and exhibits in the defendantsrecord, minute book entries and entries on dockets, and other documentsrelating to the case in the custody of such other agencies and officers as arenamed in the courts order if the defendant fulfills the terms and conditionsimposed by the court and the Division. The court shall order those recordssealed without a hearing unless the Division petitions the court, for goodcause shown, not to seal the records and requests a hearing thereon.

2. If the court orders sealed the record of adefendant discharged pursuant to NRS176A.260, the court shall send a copy of the order to each agency orofficer named in the order. Each such agency or officer shall notify the courtin writing of its compliance with the order.

(Added to NRS by 2001 Special Session,260)

PROGRAM OF PROBATION SECURED BY SURETY BOND

NRS 176A.300 Executionand amount of surety bond.

1. Whenever a person other than an indigent person hasbeen found guilty of a category C, D or E felony upon verdict or plea, and thecourt has determined that the person is eligible for probation pursuant to NRS 176A.100, the court may order theperson to participate in a program of probation secured by a surety bond if thecourt first determines that the person has the financial ability to post such asurety bond.

2. If the court orders the person to participate in aprogram of probation secured by a surety bond, the person shall execute a bondfor his participation. The court shall require one or more sureties for thebond.

3. The court shall set the surety bond in an amountwhich, in the judgment of the court, will reasonably ensure the participationof the person in the program of probation.

4. A surety bond securing participation in a programof probation must:

(a) Be issued in favor of and payable to the State ofNevada;

(b) Extend for a period of 1 year;

(c) Be renewable annually; and

(d) Ensure the full compliance of the person in theprogram of probation with all the conditions of probation set by the court.

(Added to NRS by 1995, 1245)(Substituted in revisionfor NRS 176.1851)

NRS 176A.310 Conditions;duties of surety; probationer to report to and pay surety.

1. The court shall set the conditions of a program ofprobation secured by a surety bond. The conditions must be appended to and madepart of the bond. The conditions may include, but are not limited to, any oneor more of the following:

(a) Submission to periodic tests to determine whetherthe probationer is using any controlled substance or alcohol.

(b) Participation in a program for the treatment of theabuse of a controlled substance or alcohol or a program for the treatment ofany other impairment.

(c) Participation in a program of professionalcounseling, including, but not limited to, counseling for the family of theprobationer.

(d) Restrictions or a prohibition on contact orcommunication with witnesses or victims of the crime committed by theprobationer.

(e) A requirement to obtain and keep employment.

(f) Submission to a Program of Intensive Supervision.

(g) Restrictions on travel by the probationer outsidethe jurisdiction of the court.

(h) Payment of restitution.

(i) Payment of fines and court costs.

(j) Supervised community service.

(k) Participation in educational courses.

2. A surety shall:

(a) Provide the facilities or equipment necessary to:

(1) Perform tests to determine whether theprobationer is using any controlled substance or alcohol, if the court requiressuch tests as a condition of probation;

(2) Carry out a Program of IntensiveSupervision, if the court requires such a Program as a condition of probation;and

(3) Enable the probationer to report regularlyto the surety.

(b) Notify the court within 24 hours after the suretyhas knowledge of a violation of or a failure to fulfill a condition of the programof probation.

3. A probationer participating in a program ofprobation secured by a surety bond shall:

(a) Report regularly to the surety; and

(b) Pay the fee charged by the surety for the executionof the bond.

(Added to NRS by 1995, 1245; A 2001 Special Session,133)

NRS 176A.320 Failureof surety to fulfill duties; failure of probationer to fulfill conditions ofsurety bond.

1. If a surety fails to:

(a) Provide the facilities or equipment required byparagraph (a) of subsection 2 of NRS176A.310; or

(b) Notify the court pursuant to paragraph (b) ofsubsection 2 of NRS 176A.310 of aviolation of or a failure to fulfill a condition of a program of probation by aprobationer,

the suretyshall pay a penalty of $15,000 to the court in addition to any other penaltyimposed by law.

2. If the probationer violates or fails to fulfill acondition of the surety bond, the court shall:

(a) Declare a forfeiture of the surety bond;

(b) Direct that the surety be given notice by certifiedmail that the probationer has violated or failed to fulfill a condition ofprobation and shall execute an affidavit of such mailing to be kept as anofficial public record of the court;

(c) Revoke the program of probation; and

(d) Issue a warrant for violating or failing to fulfilla condition of probation and cause the defendant to be arrested.

(Added to NRS by 1995, 1246)(Substituted in revisionfor NRS 176.18515)

NRS 176A.330 Exonerationof surety and setting aside of forfeiture of surety bond. The court may exonerate the surety or set aside a forfeitureof the surety bond upon such terms as may be just if:

1. The probationer appears before the court and thecourt, upon hearing the matter, determines that the violation or failure of theprobationer to fulfill the condition of probation was:

(a) Caused by circumstances beyond his control andoccurred notwithstanding the exercise of ordinary care and in the absence ofwillful neglect; and

(b) Not in any way caused or aided by the surety; or

2. The surety submits an application for exonerationor an application to set the forfeiture aside on the ground that theprobationer is unable to appear because:

(a) He is dead;

(b) He is ill;

(c) He is insane; or

(d) He is being detained by civil or militaryauthorities,

and thecourt, upon hearing the matter, determines that the requirements of paragraphs(a) and (b) of subsection 1 have been met and that the surety did not in anyway cause or aid the absence of the probationer from the hearing.

(Added to NRS by 1995, 1247)(Substituted in revisionfor NRS 176.18517)

NRS 176A.340 Procedurewhen surety not exonerated; enforcement of liability; remission of judgment ofdefault.

1. If the surety is not exonerated and the forfeitureof the surety bond is not set aside:

(a) The court shall enter a judgment of default and executionmay issue thereon; and

(b) The surety shall pay a penalty for the revocationof the program of probation to the court in an amount equal to one-half of theannual fee for the bond that the surety charged the probationer.

2. By entering into a bond the surety submits to thejurisdiction of the court and irrevocably appoints the clerk of the court asits agent upon whom any papers affecting its liability may be served. Theliability may be enforced on motion and such notice of the motion as the courtprescribes may be served on the clerk of the court, who shall mail copies tothe surety to its last known address.

3. After entry of a judgment of default, the courtshall not remit it in whole or in part unless the conditions applying toexonerating the surety and setting aside the forfeiture of the surety bond setforth in NRS 176A.330 are met.

(Added to NRS by 1995, 1247)(Substituted in revisionfor NRS 176.18519)

NRS 176A.350 Dischargeof surety and release of bond. When the conditionsof a surety bond securing participation in a program of probation have beensatisfied or a forfeiture of a bond has been set aside or remitted, the courtshall discharge the surety and release the bond.

(Added to NRS by 1995, 1247)(Substituted in revisionfor NRS 176.18521)

NRS 176A.360 Arrestof probationer. For the purpose ofsurrendering a probationer, a surety, at any time before it is finallydischarged, and at any place within the State, may, by a written authorityendorsed on a certified copy of the undertaking, cause the probationer to bearrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.

(Added to NRS by 1995, 1247; A 1997,3393)(Substituted in revision for NRS 176.18523)

NRS 176A.370 Moneycollected to be deposited in State General Fund. Moneycollected pursuant to NRS 176A.300 to 176A.370, inclusive, must be paid to theState Treasurer for deposit in the State General Fund.

(Added to NRS by 1995, 1247)(Substituted in revisionfor NRS 176.18525)

TERMS AND CONDITIONS

NRS 176A.400 Impositionby court; alternative programs or treatment; prohibition on suspending term ofimprisonment; placement under supervision of Chief Parole and ProbationOfficer.

1. In issuing an order granting probation, thecourt may fix the terms and conditions thereof, including, without limitation:

(a) A requirement for restitution;

(b) An order that the probationer dispose of allthe weapons he possesses; or

(c) Any reasonable conditions to protect the health,safety or welfare of the community or to ensure that the probationer willappear at all times and places ordered by the court, including, withoutlimitation:

(1) Requiring the probationer to remain in thisState or a certain county within this State;

(2) Prohibiting the probationer from contactingor attempting to contact a specific person or from causing or attempting tocause another person to contact that person on his behalf;

(3) Prohibiting the probationer from entering acertain geographic area; or

(4) Prohibiting the probationer from engaging inspecific conduct that may be harmful to his own health, safety or welfare, orthe health, safety or welfare of another person.

2. In issuing an order granting probation to a personwho is found guilty of a category C, D or E felony, the court may require theperson as a condition of probation to participate in and complete to thesatisfaction of the court any alternative program, treatment or activity deemedappropriate by the court.

3. The court shall not suspend the execution of asentence of imprisonment after the defendant has begun to serve it.

4. In placing any defendant on probation or ingranting a defendant a suspended sentence, the court shall direct that he beplaced under the supervision of the Chief Parole and Probation Officer.

(Added to NRS by 1991, 2043; A 1995, 1250; 1997,3357)(Substituted in revision for NRS 176.1853)

NRS 176A.410 Requiredterms and conditions for sex offenders; powers and duties of court; exceptions.

1. Except as otherwise provided in subsection 3, if adefendant is convicted of a sexual offense and the court grants probation orsuspends the sentence, the court shall, in addition to any other conditionordered pursuant to NRS 176A.400,order as a condition of probation or suspension of sentence that the defendant:

(a) Submit to a search and seizure of his person,residence or vehicle or any property under his control, at any time of the dayor night, without a warrant, by any parole and probation officer or any peaceofficer, for the purpose of determining whether the defendant has violated anycondition of probation or suspension of sentence or committed any crime;

(b) Reside at a location only if it has been approvedby the parole and probation officer assigned to the defendant and keep theparole and probation officer informed of his current address;

(c) Accept a position of employment or a position as avolunteer only if it has been approved by the parole and probation officerassigned to the defendant and keep the parole and probation officer informed ofthe location of his position of employment or position as a volunteer;

(d) Abide by any curfew imposed by the parole andprobation officer assigned to the defendant;

(e) Participate in and complete a program ofprofessional counseling approved by the Division;

(f) Submit to periodic tests, as requested by theparole and probation officer assigned to the defendant, to determine whetherthe defendant is using a controlled substance;

(g) Submit to periodic polygraph examinations, asrequested by the parole and probation officer assigned to the defendant;

(h) Abstain from consuming, possessing or having underhis control any alcohol;

(i) Not have contact or communicate with a victim ofthe sexual offense or a witness who testified against the defendant or solicitanother person to engage in such contact or communication on behalf of thedefendant, unless approved by the parole and probation officer assigned to thedefendant, and a written agreement is entered into and signed in the manner setforth in subsection 2;

(j) Not use aliases or fictitious names;

(k) Not obtain a post office box unless the defendantreceives permission from the parole and probation officer assigned to thedefendant;

(l) Not have contact with a person less than 18 yearsof age in a secluded environment unless another adult who has never beenconvicted of a sexual offense is present and permission has been obtained fromthe parole and probation officer assigned to the defendant in advance of eachsuch contact;

(m) Unless approved by the parole and probation officerassigned to the defendant and by a psychiatrist, psychologist or counselortreating the defendant, if any, not be in or near:

(1) A playground, park, school or schoolgrounds;

(2) A motion picture theater; or

(3) A business that primarily has children ascustomers or conducts events that primarily children attend;

(n) Comply with any protocol concerning the use ofprescription medication prescribed by a treating physician, including, withoutlimitation, any protocol concerning the use of psychotropic medication;

(o) Not possess any sexually explicit material that isdeemed inappropriate by the parole and probation officer assigned to thedefendant;

(p) Not patronize a business which offers a sexuallyrelated form of entertainment and which is deemed inappropriate by the paroleand probation officer assigned to the defendant;

(q) Not possess any electronic device capable ofaccessing the Internet and not access the Internet through any such device orany other means, unless possession of such a device or such access is approvedby the parole and probation officer assigned to the defendant; and

(r) Inform the parole and probation officer assigned tothe defendant if the defendant expects to be or becomes enrolled as a studentat an institution of higher education or changes the date of commencement ortermination of his enrollment at an institution of higher education. As used inthis paragraph, institution of higher education has the meaning ascribed toit in NRS 179D.045.

2. A written agreement entered into pursuant toparagraph (i) of subsection 1 must state that the contact or communication isin the best interest of the victim or witness, and specify the type of contactor communication authorized. The written agreement must be signed and agreed toby:

(a) The victim or the witness;

(b) The defendant;

(c) The parole and probation officer assigned to thedefendant;

(d) The psychiatrist, psychologist or counselortreating the defendant, victim or witness, if any; and

(e) If the victim or witness is a child under 18 yearsof age, each parent, guardian or custodian of the child.

3. The court is not required to impose a condition ofprobation or suspension of sentence listed in subsection 1 if the court findsthat extraordinary circumstances are present and the court enters thoseextraordinary circumstances in the record.

4. As used in this section, sexual offense has themeaning ascribed to it in NRS 179D.410.

(Added to NRS by 1997, 1667; A 2001, 2051; 2003, 566; 2005, 2862)

NRS 176A.413 Restrictionsrelating to computers and use of Internet and other electronic means ofcommunication; powers and duties of court; exceptions.

1. Except as otherwise provided in subsection 2, if adefendant is convicted of stalking with the use of an Internet or network siteor electronic mail or any other similar means of communication pursuant tosubsection 3 of NRS 200.575, an offenseinvolving pornography and a minor pursuant to NRS200.710 to 200.730, inclusive, orluring a child or mentally ill person through the use of a computer, system ornetwork pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 and the court grants probationor suspends the sentence, the court shall, in addition to any other conditionordered pursuant to NRS 176A.400,order as a condition of probation or suspension that the defendant not own oruse a computer, including, without limitation, use electronic mail, a chat roomor the Internet.

2. The court is not required to impose a condition ofprobation or suspension of sentence set forth in subsection 1 if the courtfinds that:

(a) The use of a computer by the defendant will assista law enforcement agency or officer in a criminal investigation;

(b) The defendant will use the computer to providetechnological training concerning technology of which the defendant has aunique knowledge; or

(c) The use of the computer by the defendant willassist companies that require the use of the specific technological knowledgeof the defendant that is unique and is otherwise unavailable to the company.

3. Except as otherwise provided in subsection 1, if adefendant is convicted of an offense that involved the use of a computer,system or network and the court grants probation or suspends the sentence, thecourt may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition ofprobation or suspension that the defendant not own or use a computer,including, without limitation, use electronic mail, a chat room or theInternet.

4. As used in this section:

(a) Computer has the meaning ascribed to it in NRS 205.4735.

(b) Network has the meaning ascribed to it in NRS 205.4745.

(c) System has the meaning ascribed to it in NRS 205.476.

(Added to NRS by 2001, 2791; A 2003, 1383)

NRS 176A.416 Evaluationsand counseling for offenses involving cruelty to animals; powers and duties ofcourt.

1. As a condition of probation, the court may order adefendant who is convicted of a violation of chapter574 of NRS that is punishable as a felony or gross misdemeanor to:

(a) Submit to a psychiatric evaluation; and

(b) Participate in any counseling or therapyrecommended in the evaluation.

2. The court shall order a defendant, to the extent ofhis financial ability, to pay the cost for an evaluation and any counseling ortherapy pursuant to this section.

(Added to NRS by 2001, 2891)

NRS 176A.420 Teststo determine use of controlled substance.

1. Upon the granting of probation to a personconvicted of a felony or gross misdemeanor, the court may, when thecircumstances warrant, require as a condition of probation that the probationersubmit to periodic tests to determine whether the probationer is using anycontrolled substance. Any such use or any failure or refusal to submit to atest is a ground for revocation of probation.

2. Any expense incurred as a result of a test must bepaid from appropriations to the Division on claims as other claims against theState are paid.

(Added to NRS by 1969, 181; A 1971, 2025; 1973, 179;1975, 895; 1977, 262, 421; 1993, 1513)(Substituted in revision for NRS176.187)

NRS 176A.430 Restitution.

1. The court shall order as a condition of probationor suspension of sentence, in appropriate circumstances, that the defendantmake full or partial restitution to the person or persons named in the order,at the times and in the amounts specified in the order unless the court findsthat restitution is impracticable. Such an order may require payment formedical or psychological treatment of any person whom the defendant hasinjured. In appropriate circumstances, the court shall include as a conditionof probation or suspension of sentence that the defendant execute an assignmentof wages earned by him while on probation or subject to the conditions ofsuspension of sentence to the Division for restitution.

2. All money received by the Division for restitutionfor:

(a) One victim may; and

(b) More than one victim must,

be depositedwith the State Treasurer for credit to the Restitution Trust Fund. All paymentsfrom the Fund must be paid as other claims against the State are paid.

3. If restitution is not required, the court shall setforth the circumstances upon which it finds restitution impracticable in itsorder of probation or suspension of sentence.

4. Failure to comply with the terms of an order forrestitution is a violation of a condition of probation or suspension ofsentence unless the defendants failure has been caused by economic hardshipresulting in his inability to pay the amount due. The defendant is entitled toa hearing to show the existence of such a hardship.

5. If, within 3 years after the defendant has beendischarged from probation, the Division has not located the person to whom therestitution was ordered, the money paid by the defendant must be deposited withthe State Treasurer for credit to the Fund for the Compensation of Victims ofCrime.

(Added to NRS by 1975, 83; A 1977, 399; 1981, 1341;1983, 245, 383; 1993, 1514; 1995, 410)(Substituted in revision for NRS176.189)

NRS 176A.440 Programof intensive supervision.

1. The Chief Parole and Probation Officer shalldevelop a program for the intensive supervision of a person granted probationpursuant to subsection 4 of NRS 176A.100.

2. The Program of Intensive Supervision must includean initial period of electronic supervision of the probationer with anelectronic device approved by the Division. The device must be minimallyintrusive and limited in capability to recording or transmitting informationconcerning the probationers presence at his residence, including, but notlimited to, the transmission of still visual images which do not concern theprobationers activities while inside his residence. A device which is capableof recording or transmitting:

(a) Oral or wire communications or any auditory sound;or

(b) Information concerning the probationers activitieswhile inside his residence,

must not beused.

(Added to NRS by 1991, 2043; A 1993, 1514; 1995,1251)(Substituted in revision for NRS 176.198)

NRS 176A.450 Modification;procedure for modifying conditions relating to program of probation secured bysurety bond; limitations.

1. Except as otherwise provided in this section, byorder duly entered, the court may impose, and may at any time modify, anyconditions of probation or suspension of sentence. The court shall cause a copyof any such order to be delivered to the parole and probation officer and theprobationer. A copy of the order must also be sent to the Director of theDepartment of Corrections if the probationer is under the supervision of theDirector pursuant to NRS 176A.780.

2. If the probationer is participating in a program ofprobation secured by a surety bond, the court shall not impose or modify theconditions of probation unless the court notifies the surety and:

(a) Causes the original bond to be revoked and requiresa new bond to which the original and the new conditions are appended and madepart; or

(b) Requires an additional bond to which the newconditions are appended and made part.

3. The court shall not modify a condition of probationor suspension of sentence that was imposed pursuant to NRS 176A.410, unless the court finds thatextraordinary circumstances are present and the court enters thoseextraordinary circumstances in the record.

(Added to NRS by 1967, 1435; A 1989, 1855; 1995,1251; 1997, 1672; 2001Special Session, 222)

DURATION; ARREST FOR ALLEGED VIOLATION

NRS 176A.500 Authorityof court to fix duration; limitations; arrest for alleged violation; powers andduties of peace officers.

1. The period of probation or suspension of sentencemay be indeterminate or may be fixed by the court and may at any time beextended or terminated by the court, but the period, including any extensionsthereof, must not be more than:

(a) Three years for a:

(1) Gross misdemeanor; or

(2) Suspension of sentence pursuant to NRS 176A.260 or 453.3363; or

(b) Five years for a felony.

2. At any time during probation or suspension ofsentence, the court may issue a warrant for violating any of the conditions ofprobation or suspension of sentence and cause the defendant to be arrested.Except for the purpose of giving a dishonorable discharge from probation, andexcept as otherwise provided in this subsection, the time during which awarrant for violating any of the conditions of probation is in effect is notpart of the period of probation. If the warrant is cancelled or probation isreinstated, the court may include any amount of that time as part of the periodof probation.

3. Any parole and probation officer or any peaceofficer with power to arrest may arrest a probationer without a warrant, or maydeputize any other officer with power to arrest to do so by giving him awritten statement setting forth that the probationer has, in the judgment ofthe parole and probation officer, violated the conditions of probation. Exceptas otherwise provided in subsection 4, the parole and probation officer, or thepeace officer, after making an arrest shall present to the detainingauthorities, if any, a statement of the charges against the probationer. Theparole and probation officer shall at once notify the court which granted probationof the arrest and detention or residential confinement of the probationer andshall submit a report in writing showing in what manner the probationer hasviolated the conditions of probation.

4. A parole and probation officer or a peace officermay immediately release from custody without any further proceedings any personhe arrests without a warrant for violating a condition of probation if theparole and probation officer or peace officer determines that there is noprobable cause to believe that the person violated the condition of probation.

(Added to NRS by 1967, 1435; A 1969, 639; 1973, 169,249; 1977, 814; 1979, 324; 1981, 370; 1983, 284; 1987, 761; 1989, 1110; 1991,315, 1664; 1999, 1207;2001 SpecialSession, 260)

PROCEEDINGS AFTER ARREST

Residential Confinement Pending Inquiry or Considerationby Court

NRS 176A.530 Authorityof Chief Parole and Probation Officer to order. TheChief Parole and Probation Officer may, in accordance with the provisions of NRS 176A.530 to 176A.560, inclusive, order anyprobationer who is arrested pursuant to NRS176A.500 to be placed in residential confinement in lieu of detention in acounty jail pending an inquiry to determine whether there is probable cause tobelieve that the probationer has committed any act which would constitute aviolation of a condition of his probation.

(Added to NRS by 1991, 314)(Substituted in revisionfor NRS 176.2155)

NRS 176A.540 Requirements;intensive supervision; use of electronic device; limitations.

1. The Chief Parole and Probation Officer may orderthe residential confinement of a probationer if he believes that theprobationer poses no danger to the community and will appear at a scheduledinquiry or court hearing.

2. In ordering the residential confinement of aprobationer, the Chief Parole and Probation Officer shall:

(a) Require the probationer to be confined to hisresidence during the time he is away from his employment, community service orother activity authorized by the Division; and

(b) Require intensive supervision of the probationer,including, without limitation, unannounced visits to his residence or otherlocations where he is expected to be to determine whether he is complying withthe terms of his confinement.

3. An electronic device approved by the Division maybe used to supervise a probationer who is ordered to be placed in residentialconfinement. The device must be minimally intrusive and limited in capabilityto recording or transmitting information concerning the probationers presenceat his residence, including the transmission of still visual images which donot concern the probationers activities while inside his residence. A devicewhich is capable of recording or transmitting:

(a) Oral or wire communications or any auditory sound;or

(b) Information concerning the probationers activitieswhile inside his residence,

must not beused.

4. The Chief Parole and Probation Officer shall notorder a probationer to be placed in residential confinement unless theprobationer agrees to the order.

5. Any residential confinement must not extend beyondthe unexpired maximum term of the original sentence.

(Added to NRS by 1991, 314; 1993, 1514; 1995, 1251; 2001 Special Session,134)

NRS 176A.550 Termsand conditions; modification; notice to probationer.

1. In ordering a probationer to be placed inresidential confinement, the Chief Parole and Probation Officer may establishthe terms and conditions of that confinement.

2. The Chief Parole and Probation Officer may, at anytime, modify the terms and conditions of the residential confinement.

3. The Chief Parole and Probation Officer shall causea copy of his order to be delivered to the probationer.

(Added to NRS by 1991, 314)(Substituted in revisionfor NRS 176.2192)

NRS 176A.560 Termination;detention of probationer in jail.

1. The Chief Parole and Probation Officer mayterminate the residential confinement of a probationer and order the detentionof the probationer in a county jail pending an inquiry or court hearing if:

(a) The probationer violates the terms or conditions ofhis residential confinement; or

(b) The Chief Parole and Probation Officer, in hisdiscretion, determines that the probationer poses a danger to the community orthat there is a reasonable doubt that the probationer will appear at theinquiry or hearing.

2. A probationer has no right to dispute a decision toterminate his residential confinement.

(Added to NRS by 1991, 315)(Substituted in revisionfor NRS 176.2194)

Inquiry to Determine Probable Cause

NRS 176A.580 Inquiryrequired before alleged violation considered by court; qualifications ofinquiring officer; time and place of inquiry; exceptions; subpoenas.

1. Before a probationer in custody for a violation ofa condition of his probation may be returned to the court for that violation,an inquiry must be conducted to determine whether there is probable cause tobelieve that he has committed any act that would constitute such a violation.

2. The inquiry must be conducted before an inquiringofficer who:

(a) Is not directly involved in the case;

(b) Has not made the report of violation of theprobation; and

(c) Has not recommended revocation of the probation,

but he neednot be a judicial officer.

3. Except in a case where the probationer is afugitive or is under supervision in another state, the inquiry must be held ator reasonably near the place of the alleged violation or the arrest and must beheld:

(a) If the probationer is on probation from anotherstate and under supervision in this State, not later than 30 days after hisarrest.

(b) If he is on probation from a Nevada court, promptlyand not later than 15 days after his arrest and confinement on the charge thathe has violated a condition of his probation or after an order has been filedto hold him on that charge if he is already confined on another charge. Thetime for the inquiry may be extended if, within the 15-day period, theprobationer is released from confinement or the order that he be held iswithdrawn.

4. Any conviction for violating a federal, state orlocal law, except a minor traffic offense, which is committed while theprobationer is on probation constitutes probable cause for the purposes of thissection and an inquiry need not be held.

5. For the purposes of this section, the inquiringofficer may administer oaths and issue subpoenas to compel the attendance ofwitnesses and the production of books and papers.

(Added to NRS by 1977, 815; A 1979, 168; 1981, 479;1983, 270)(Substituted in revision for NRS 176.216)

NRS 176A.590 Enforcementof subpoena issued by inquiring officer; contempt.

1. If any witness refuses to attend or testify orproduce any books and papers as required by the subpoena, the inquiring officermay report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the inquiringofficer pursuant to NRS 176A.580; and

(c) The witness has failed or refused to attend orproduce the books and papers required by the subpoena at the inquiry which isnamed in the subpoena, or has refused to answer questions propounded to him,

and askingfor an order of the court compelling the witness to attend and testify orproduce the books and papers.

2. Upon such petition, the court shall enter an orderdirecting the witness to appear before the court at a time and place to befixed by the court in its order, the time to be not more than 10 days from thedate of the order, and then and there show cause why he has not attended ortestified or produced the books or papers at the inquiry. A certified copy ofthe order shall be served upon the witness.

3. If it appears to the court that the subpoena wasregularly issued by the inquiring officer, the court shall enter an order thatthe witness appear at the inquiry at the time and place fixed in the order andtestify or produce the required books or papers, and upon failure to obey theorder the witness shall be dealt with as for contempt of court.

(Added to NRS by 1979, 168)(Substituted in revisionfor NRS 176.2165)

NRS 176A.600 Noticeto probationer; rights of probationer at inquiry.

1. The parole and probation officer or detaining authorityshall give the arrested probationer advance notice of:

(a) The place and time of the inquiry.

(b) The purpose of the inquiry.

(c) What violations of probation have been alleged.

2. The inquiring officer shall allow the probationerto:

(a) Appear and speak on his own behalf.

(b) Obtain counsel.

(c) Present any relevant letters or other documents andany person who can give relevant information.

(d) Confront and question any person who appearsagainst him, unless in the opinion of the inquiring officer the person would besubjected to a risk of harm by disclosure of his identity.

(Added to NRS by 1977, 815; A 1983, 271)(Substitutedin revision for NRS 176.217)

NRS 176A.610 Dutiesof inquiring officer; determination; detention or residential confinement ofprobationer upon finding probable cause.

1. Upon completion of the inquiry, the inquiringofficer shall:

(a) Make a written summary of what occurred at theinquiry, noting the substance of the evidence given to support a revocation of theprobation and the probationers position and responses.

(b) Determine whether there is probable cause to holdthe probationer for a court hearing on revocation.

2. If the inquiring officer determines that there isprobable cause:

(a) His determination is sufficient to warrant thecontinued detention of the probationer pending the courts hearing; or

(b) The Chief Parole and Probation Officer may orderthe probationer to be placed in residential confinement in accordance with theprovisions of NRS 176A.530 to 176A.560, inclusive.

(Added to NRS by 1977, 816; A 1991, 316)(Substitutedin revision for NRS 176.218)

Consideration of Alleged Violation by the Court;Assessment of Expenses

NRS 176A.630 Assignmentof case; consideration of alleged violation; revocation permitted upon findingviolation; alternative actions; restitution for governmental expenses. If the probationer is arrested, by or without warrant, inanother judicial district of this state, the court which granted the probationmay assign the case to the district court of that district, with the consent ofthat court. The court retaining or thus acquiring jurisdiction shall cause thedefendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, ifany, of the Chief Parole and Probation Officer. Upon determining that theprobationer has violated a condition of his probation, the court shall, if practicable,order the probationer to make restitution for any necessary expenses incurredby a governmental entity in returning him to the court for violation of hisprobation. The court may:

1. Continue or revoke the probation or suspension ofsentence;

2. Order the probationer to a term of residentialconfinement pursuant to NRS 176A.660;

3. Order the probationer to undergo a program ofregimental discipline pursuant to NRS176A.780;

4. Cause the sentence imposed to be executed; or

5. Modify the original sentence imposed by reducingthe term of imprisonment and cause the modified sentence to be executed. Thecourt shall not make the term of imprisonment less than the minimum term ofimprisonment prescribed by the applicable penal statute. If the Chief Paroleand Probation Officer recommends that the sentence of a probationer be modifiedand the modified sentence be executed, he shall provide notice of therecommendation to any victim of the crime for which the probationer wasconvicted who has requested in writing to be notified and who has provided hiscurrent address to the Division. The notice must inform the victim that he hasthe right to submit documents to the court and to be present and heard at thehearing to determine whether the sentence of a probationer who has violated acondition of his probation should be modified. The court shall not modify thesentence of a probationer and cause the sentence to be executed until it hasconfirmed that the Chief Parole and Probation Officer has complied with theprovisions of this subsection. The Chief Parole and Probation Officer must notbe held responsible when such notification is not received by the victim if thevictim has not provided a current address. All personal information, including,but not limited to, a current or former address, which pertains to a victim andwhich is received by the Division pursuant to this subsection is confidential.

(Added to NRS by 1977, 816; A 1987, 2229; 1989, 1855,1887; 1993, 935; 1995, 1356; 1997, 3237)(Substituted in revision for NRS176.221)

NRS 176A.640 Expensesof returning arrested probationer to court are charge against State; payment. The necessary expenses of returning to the court a personarrested for violation of probation are a charge against the State and must bepaid from money appropriated to the Division. After the appropriation for thispurpose is exhausted, money must be allocated to the Division out of theReserve for Statutory Contingency Account, upon approval by the State Board ofExaminers, for the payment of these expenses.

(Added to NRS by 1977, 816; A 1983, 237; 1991, 1753;1993, 1515)(Substituted in revision for NRS 176.223)

RESIDENTIAL CONFINEMENT AFTER VIOLATION

NRS 176A.660 Authorityof court to order; requirements; intensive supervision; use of electronicdevice; limitations.

1. If a person who has been placed on probationviolates a condition of his probation, the court may order him to a term ofresidential confinement in lieu of causing the sentence imposed to be executed.In making this determination, the court shall consider the criminal record ofthe person and the seriousness of the crime committed.

2. In ordering the person to a term of residentialconfinement, the court shall:

(a) Direct that he be placed under the supervision ofthe Division;

(b) Require the person to be confined to his residenceduring the time he is away from his employment, community service or otheractivity authorized by the Division; and

(c) Require intensive supervision of the person,including, without limitation, unannounced visits to his residence or otherlocations where he is expected to be in order to determine whether he iscomplying with the terms of his confinement.

3. An electronic device approved by the Division maybe used to supervise a person ordered to a term of residential confinement. Thedevice must be minimally intrusive and limited in capability to recording ortransmitting information concerning the persons presence at his residence,including, but not limited to, the transmission of still visual images which donot concern the persons activities while inside his residence. A device whichis capable of recording or transmitting:

(a) Oral or wire communications or any auditory sound;or

(b) Information concerning the persons activitieswhile inside his residence,

must not beused.

4. The court shall not order a person to a term ofresidential confinement unless he agrees to the order.

5. A term of residential confinement may not be longerthan the maximum term of a sentence imposed by the court.

(Added to NRS by 1987, 2228; A 1991, 57; 1993, 1515;1995, 1252; 2001Special Session, 135)

NRS 176A.670 Termsand conditions; modification; notice.

1. In ordering a person to a term of residentialconfinement, a court may establish the terms and conditions of thatconfinement.

2. The court may, at any time, modify the terms andconditions of the residential confinement.

3. The court shall cause a copy of its order to bedelivered to the person and the Division.

(Added to NRS by 1987, 2229; A 1993,1516)(Substituted in revision for NRS 176.2233)

NRS 176A.680 Authorityof court to modify or rescind for subsequent violation; imposition of otherpunishment. If it is determined that theperson violated any term or condition of his residential confinement, thesentence may be rescinded, modified or continued. If it is rescinded, anotherpunishment authorized by law must be imposed.

(Added to NRS by 1987, 2229)(Substituted in revisionfor NRS 176.2235)

NRS 176A.690 Establishmentof procedures by Division for supervision of persons in residentialconfinement. The Division shall establishprocedures to administer a program of supervision for persons who are orderedto a term of residential confinement.

(Added to NRS by 1987, 2229; A 1993,1516)(Substituted in revision for NRS 176.2237)

RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS

NRS 176A.720 Establishment. The Division may:

1. Establish centers for the housing and supervisionof probationers assigned to the centers under NRS 176A.730.

2. Contract for any services necessary to operatethese centers.

(Added to NRS by 1983, 321; A 1993,1516)(Substituted in revision for NRS 176.224)

NRS 176A.730 Assignmentof probationers; limitations.

1. Except as otherwise provided in subsection 2, whena district court grants probation to a person convicted of a felony orcontinues his probation after his return to the court for violation of acondition of probation, the court may require as a condition of granting orcontinuing probation that the convicted person live for a period of timespecified by the court under the supervision of the Division in a residentialcenter established pursuant to NRS176A.720.

2. The court may not assign a convicted person to aresidential center under subsection 1:

(a) If the convicted person has served a prior prisonterm in any state or federal penal institution.

(b) Unless, in cases where probation is being grantedrather than continued, the assignment is recommended by the Division.

(Added to NRS by 1983, 321; A 1993,1516)(Substituted in revision for NRS 176.2242)

NRS 176A.740 Dutiesand powers of Division; management of earnings and assets of probationer;regulations.

1. The Division shall:

(a) Determine a fixed amount to be deducted from thewages of each probationer assigned to a residential center to partially offsetthe cost of providing the probationer with housing and meals at the center.

(b) Arrange for all earnings of a probationer assignedto a residential center to be paid directly from the employer to theprobationer who shall immediately give his earnings to the Division.

(c) Deduct the amount for housing, meals and medicaland dental services determined under paragraph (a), and distribute theremainder according to a court order for restitution, if any, or to a plan forthe management of the probationers assets established by the Division.

2. The Division may adopt regulations necessary tocarry out the provisions of this section and NRS 176A.720 and 176A.730.

(Added to NRS by 1983, 321; A 1993,1516)(Substituted in revision for NRS 176.2244)

PROGRAM OF REGIMENTAL DISCIPLINE

NRS 176A.770 Legislativedeclaration. The Legislature hereby determinesand declares that a program of regimental discipline is not to be used as analternative to probation, but as an alternative to incarceration.

(Added to NRS by 1989, 1852)(Substituted in revisionfor NRS 176.2246)

NRS 176A.780 Eligibility;procedure; completion; deduction of time from sentence.

1. If a defendant:

(a) Is male;

(b) Has been convicted of a felony that does notinvolve an act of violence;

(c) Is at least 18 years of age;

(d) Has never been incarcerated in jail or prison as anadult for more than 6 months; and

(e) Is otherwise eligible for probation,

the courtmay order the defendant satisfactorily to complete a program of regimentaldiscipline for 150 days before sentencing the defendant or in lieu of causingthe sentence imposed to be executed upon violation of a condition of probationor suspension of sentence.

2. If the court orders the defendant to undergo aprogram of regimental discipline, it:

(a) Shall place the defendant under the supervision ofthe Director of the Department of Corrections for not more than 190 days, notmore than the first 30 days of which must be used to determine the defendantseligibility to participate in the program.

(b) Shall, if appropriate, direct the Chief Parole andProbation Officer to provide a copy of the defendants records to the Directorof the Department of Corrections.

(c) Shall require the defendant to be returned to thecourt not later than 30 days after he is placed under the supervision of theDirector, if he is determined to be ineligible for the program.

(d) May require such reports concerning the defendantsparticipation in the program as it deems desirable.

3. If the defendant is ordered to complete the programbefore sentencing, the Director of the Department of Corrections shall returnthe defendant to the court not later than 150 days after the defendant beganthe program. The Director shall certify either that the defendantsatisfactorily completed the program or that he did not, and shall report ofthe results of his evaluation, including any recommendations which will behelpful in determining the proper sentence. Upon receiving the report, thecourt shall sentence the defendant.

4. If the defendant is ordered to complete the programin lieu of causing the sentence imposed to be executed upon the violation of acondition of probation and the defendant satisfactorily completes the program,the Director of the Department of Corrections shall, not later than 150 daysafter the defendant began the program, return the defendant to the court withcertification that the defendant satisfactorily completed the program. Thecourt shall direct that:

(a) The defendant be placed under supervision of theChief Parole and Probation Officer; and

(b) The Director of the Department of Corrections causea copy of the records concerning the defendants participation in the programto be provided to the Chief Parole and Probation Officer.

5. If a defendant is ordered to complete the programof regimental discipline in lieu of causing the sentence imposed to be executedupon the violation of a condition of probation, a failure by the defendantsatisfactorily to complete the program constitutes a violation of thatcondition of probation and the Director of the Department of Corrections shallreturn the defendant to the court.

6. Time spent in the program must be deducted from anysentence which may thereafter be imposed.

(Added to NRS by 1989, 1852; A 1993, 1942; 2001 Special Session,222)

DISCHARGE

NRS 176A.850 Honorabledischarge from probation: When granted; restoration of civil rights; effect;documentation.

1. A person who:

(a) Has fulfilled the conditions of his probation forthe entire period thereof;

(b) Is recommended for earlier discharge by theDivision; or

(c) Has demonstrated his fitness for honorabledischarge but because of economic hardship, verified by the Division, has beenunable to make restitution as ordered by the court,

may begranted an honorable discharge from probation by order of the court.

2. Any amount of restitution remaining unpaidconstitutes a civil liability arising upon the date of discharge.

3. Except as otherwise provided in subsection 4, aperson who has been honorably discharged from probation:

(a) Is free from the terms and conditions of hisprobation.

(b) Is immediately restored to the following civilrights:

(1) The right to vote; and

(2) The right to serve as a juror in a civilaction.

(c) Four years after the date of his honorabledischarge from probation, is restored to the right to hold office.

(d) Six years after the date of his honorable dischargefrom probation, is restored to the right to serve as a juror in a criminalaction.

(e) If he meets the requirements of NRS 179.245, may apply to the court for thesealing of records relating to his conviction.

(f) Must be informed of the provisions of this sectionand NRS 179.245 in his probation papers.

(g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from therequirements of chapter 179D of NRS.

(h) Shall disclose the conviction to a gamingestablishment and to the State and its agencies, departments, boards,commissions and political subdivisions, if required in an application foremployment, license or other permit. As used in this paragraph, establishmenthas the meaning ascribed to it in NRS463.0148.

(i) Except as otherwise provided in paragraph (h), neednot disclose the conviction to an employer or prospective employer.

4. Except as otherwise provided in this subsection,the civil rights set forth in subsection 3 are not restored to a person honorablydischarged from probation if the person has previously been convicted in thisState:

(a) Of a category A felony.

(b) Of an offense that would constitute a category Afelony if committed as of the date of his honorable discharge from probation.

(c) Of a category B felony involving the use of forceor violence that resulted in substantial bodily harm to the victim.

(d) Of an offense involving the use of force orviolence that resulted in substantial bodily harm to the victim and that wouldconstitute a category B felony if committed as of the date of his honorabledischarge from probation.

(e) Two or more times of a felony, unless a felony forwhich the person has been convicted arose out of the same act, transaction oroccurrence as another felony, in which case the convictions for those feloniesshall be deemed to constitute a single conviction for the purposes of thisparagraph.

A persondescribed in this subsection may petition a court of competent jurisdiction foran order granting the restoration of his civil rights as set forth insubsection 3.

5. The prior conviction of a person who has beenhonorably discharged from probation may be used for purposes of impeachment. Inany subsequent prosecution of the person, the prior conviction may be pleadedand proved if otherwise admissible.

6. Except for a person subject to the limitations setforth in subsection 4, upon his honorable discharge from probation, the personso discharged must be given an official document which provides:

(a) That he has received an honorable discharge fromprobation;

(b) That he has been restored to his civil rights tovote and to serve as a juror in a civil action as of the date of his honorabledischarge from probation;

(c) The date on which his civil right to hold officewill be restored to him pursuant to paragraph (c) of subsection 3; and

(d) The date on which his civil right to serve as ajuror in a criminal action will be restored to him pursuant to paragraph (d) ofsubsection 3.

7. Subject to the limitations set forth in subsection4, a person who has been honorably discharged from probation in this State orelsewhere and whose official documentation of his honorable discharge fromprobation is lost, damaged or destroyed may file a written request with a courtof competent jurisdiction to restore his civil rights pursuant to this section.Upon verification that the person has been honorably discharged from probationand is eligible to be restored to the civil rights set forth in subsection 3,the court shall issue an order restoring the person to the civil rights setforth in subsection 3. A person must not be required to pay a fee to receivesuch an order.

8. A person who has been honorably discharged fromprobation in this State or elsewhere may present:

(a) Official documentation of his honorable dischargefrom probation, if it contains the provisions set forth in subsection 6; or

(b) A court order restoring his civil rights,

as proofthat he has been restored to the civil rights set forth in subsection 3.

(Added to NRS by 1967, 1436; A 1989, 1983; 1993,1517; 1997, 1672; 2001,1639, 1690; 2003, 67, 2685; 2005, 81, 2354)

NRS 176A.870 Dishonorabledischarge. A defendant whose term of probationhas expired and:

1. Whose whereabouts are unknown;

2. Who has failed to make restitution in full asordered by the court, without a verified showing of economic hardship; or

3. Who has otherwise failed to qualify for anhonorable discharge as provided in NRS176A.850,

is noteligible for an honorable discharge and must be given a dishonorable discharge.A dishonorable discharge releases the probationer from any further obligation,except a civil liability arising on the date of discharge for any unpaidrestitution, but does not entitle the probationer to any privilege conferred byNRS 176A.850.

(Added to NRS by 1967, 1437; A 1977, 274, 815; 1981,361; 1989, 1984; 1997, 945)(Substituted in revision for NRS 176.245)

 


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