2005 Nevada Revised Statutes - Chapter 211A — Department of Alternative Sentencing

CHAPTER 211A - DEPARTMENT OF ALTERNATIVESENTENCING

NRS 211A.010 Definitions.

NRS 211A.020 Assistantdefined.

NRS 211A.030 Boarddefined.

NRS 211A.040 Chiefdefined.

NRS 211A.050 Courtdefined.

NRS 211A.060 Departmentdefined.

NRS 211A.070 Probationerdefined.

NRS 211A.080 Creationof department.

NRS 211A.090 Dutiesof department.

NRS 211A.100 Qualificationsof chief.

NRS 211A.110 Dutiesof chief.

NRS 211A.120 Dutiesof assistant.

NRS 211A.125 Arrestof probationer.

NRS 211A.127 Violationof condition of suspended sentence by probationer.

NRS 211A.130 Feesfor cost of supervision: Imposition; waiver or reduction.

NRS 211A.140 Disclosureof information obtained in discharge of duties prohibited; exceptions.

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NRS 211A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS211A.020 to 211A.070, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1995, 871)

NRS 211A.020 Assistantdefined. Assistant means an assistant alternativesentencing officer employed pursuant to subsection 1 of NRS 211A.110.

(Added to NRS by 1995, 871)

NRS 211A.030 Boarddefined. Board means a board of county commissioners.

(Added to NRS by 1995, 871)

NRS 211A.040 Chiefdefined. Chief means the chief of adepartment of alternative sentencing.

(Added to NRS by 1995, 871)

NRS 211A.050 Courtdefined. Court means a court havingjurisdiction over a person who is charged with a misdemeanor.

(Added to NRS by 1995, 871)

NRS 211A.060 Departmentdefined. Department means a department ofalternative sentencing created pursuant to NRS211A.080.

(Added to NRS by 1995, 871)

NRS 211A.070 Probationerdefined. Probationer means a person who hasbeen convicted of a misdemeanor, who:

1. Has had his sentence suspended pursuant to NRS 4.373 or 5.055, and is serving that suspendedsentence; or

2. Has been sentenced to a term of residentialconfinement pursuant to NRS 4.3762 or 5.076, and is serving that term ofresidential confinement.

(Added to NRS by 1995, 871)

NRS 211A.080 Creationof department. The board of each county maycreate a department of alternative sentencing to provide a program of supervisionfor probationers.

(Added to NRS by 1995, 872)

NRS 211A.090 Dutiesof department. The department shall:

1. Supervise a probationer, who as a condition of asuspended sentence or a sentence to residential confinement, is released underthe supervision of the department by the court.

2. At the time a probationer is released under thesupervision of the department:

(a) Provide the probationer with a written statementdescribing the terms or conditions of the suspended sentence or residential confinementimposed by the court; and

(b) Explain the terms or conditions to the probationer.

3. Be knowledgeable about the conduct and activitiesof each probationer under the supervision of the department.

4. Use all reasonable methods to assist a probationerunder the supervision of the department to improve his conduct and comply withthe terms or conditions of his suspended sentence or residential confinement.

5. Collect and disburse any money in accordance withthe orders of the court and make a written record of any money so collected ordisbursed.

6. Cooperate with and assist any agency of lawenforcement and any agency providing social services as requested by the court,or as necessary to fulfill the duties of the department.

(Added to NRS by 1995, 872)

NRS 211A.100 Qualificationsof chief. The chief:

1. Must be appointed by the action of a majority ofthe board.

2. Must have at least 5 years of experience, with anincreasing level of responsibility, in the field of law enforcement,corrections or supervision of persons on probation or parole.

3. Is in the unclassified service of the county.

(Added to NRS by 1995, 872)

NRS 211A.110 Dutiesof chief. The chief shall:

1. Hire assistant alternative sentencing officers andother employees as necessary to carry out the responsibilities of thedepartment within the limitations of appropriations to the department by theboard.

2. Direct the work of all assistants and employees.

3. Be responsible for the fiscal affairs of the department.

4. Be responsible for the completion of any reportregarding an investigation or the supervision of a probationer and any reportrequested by the court or the board.

5. After reviewing and considering recognizedcorrectional programs and courses for training correctional staff, develop andprovide to assistants and other employees training in methods and policiesregarding the investigation and supervision of probationers, the recordkeepingof the department and the reporting on matters relating to probationers.

6. Submit a written report, on or before January 31 ofeach year, to the board and to each court having jurisdiction over aprobationer under his supervision, setting forth in detail the activities ofthe department during the previous calendar year. The report must includestatistical data concerning the departments activities and operations and theprobationers who were under the supervision of the department during thatperiod.

7. Advise the court of any probationer who hasviolated the terms or conditions of his suspended sentence or residentialconfinement.

(Added to NRS by 1995, 872)

NRS 211A.120 Dutiesof assistant. An assistant shall:

1. Maintain detailed written records of his dailywork;

2. Make any report as required by the court or the chief;and

3. Carry out any duty of the department as assigned bythe chief.

(Added to NRS by 1995, 873)

NRS 211A.125 Arrestof probationer.

1. The chief or an assistant may arrest a probationerwithout a warrant if there is probable cause to believe that the probationerhas committed an act that constitutes a violation of a condition of hissuspended sentence or residential confinement.

2. Any other peace officer may arrest a probationerupon receipt of a written order by a chief or an assistant stating that thereis probable cause to believe that a probationer has committed an act thatconstitutes a violation of a condition of his suspended sentence or residentialconfinement.

3. After making an arrest, the chief, assistant orother peace officer shall immediately notify the sentencing court of the arrestof the probationer and shall submit a written report setting forth the act thatconstituted a violation of a condition of the suspended sentence or residentialconfinement of the probationer.

4. A chief, an assistant or another peace officer mayimmediately release from custody without any further proceedings anyprobationer arrested without a warrant pursuant to this section if hedetermines that there is not probable cause to believe that the person violatedthe condition of his suspended sentence or residential confinement.

(Added to NRS by 1997, 1479)

NRS 211A.127 Violationof condition of suspended sentence by probationer.

1. If a probationer has violated a condition of hissuspended sentence, the court may, upon its own motion or upon the report andrecommendation of the chief or an assistant, do any or all of the following:

(a) Modify the conditions of the suspension of thesentence.

(b) Modify and extend the suspension of the sentence,in whole or in part, for a period of not more than 1 year after the date onwhich the court finds that the probationer has committed the violation, unlessa longer period is authorized by specific statute.

(c) Revoke the suspension of the sentence, in whole orin part, and cause all or part of the sentence to be executed.

2. Before taking any action described in subsection 1,the court shall provide the probationer with notice of the proposed action andan opportunity to be heard.

(Added to NRS by 1999, 1381)

NRS 211A.130 Feesfor cost of supervision: Imposition; waiver or reduction.

1. The board shall adopt a schedule of fees to beimposed on probationers to defray the cost of the supervision of a probationer.The schedule adopted must provide for a monthly fee of not less than $20 forthe supervision of a probationer.

2. Except as otherwise provided in subsection 3:

(a) The department shall charge each probationer thefee set forth in the schedule adopted pursuant to subsection 1.

(b) Payment of the required fee by the probationer is acondition of his suspended sentence or residential confinement.

3. If the chief determines that payment of the feewould result in economic hardship to a probationer, the chief may waive theimposition of, or reduce the amount of, the fee. If the chief waives theimposition of the fee, payment of the fee by the probationer does notconstitute a condition of his suspended sentence or residential confinement.

(Added to NRS by 1995, 873)

NRS 211A.140 Disclosureof information obtained in discharge of duties prohibited; exceptions.

1. Any information regarding a probationer obtained bythe chief, an assistant or other employee of the department in the discharge ofhis duties shall be deemed confidential. Except as otherwise provided insubsection 2, the chief, an assistant or other employee of the department shallnot disclose such information.

2. The chief, an assistant or other employee of thedepartment shall disclose information obtained in the discharge of his dutiesto the court or the district attorney upon request, or to any other person asordered by the court or as provided by law.

(Added to NRS by 1995, 873)

 

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