[Rev. 2/10/2015 4:24:41
PM--2014R2]
CHAPTER 176A - PROBATION AND SUSPENSION OF
SENTENCE
GENERAL PROVISIONS
NRS 176A.010 Definitions.
NRS 176A.020 “Board”
defined.
NRS 176A.030 “Court”
defined.
NRS 176A.040 “Division”
defined.
NRS 176A.043 “Member
of the military” defined.
NRS 176A.045 “Mental
illness” defined.
NRS 176A.047 “Intellectual
disability” defined.
NRS 176A.050 “Parole
and probation officer” defined.
NRS 176A.060 “Residential
confinement” defined.
NRS 176A.070 “Standards”
defined.
NRS 176A.080 “Surety
bond” defined.
NRS 176A.090 “Veteran”
defined.
AUTHORITY OF THE COURT; LIMITATIONS
NRS 176A.100 Authority
and discretion of court to suspend sentence and grant probation; persons
eligible; factors considered; intensive supervision; submission of report of
presentence investigation.
NRS 176A.110 Persons
convicted of certain offenses required to be certified as not representing high
risk to reoffend before court suspends sentence or grants probation; immunity.
NRS 176A.120 Persons
convicted of certain offenses against elderly required to pay restitution
before court suspends sentence or grants probation; exceptions.
PROCEDURE
NRS 176A.200 Investigation
by Division.
NRS 176A.210 Promise
to comply with conditions of probation; waiver of extradition.
NRS 176A.220 Certification
of copy of records; delivery of copy to Chief Parole and Probation Officer.
ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS
NRS 176A.250 Establishment
of program for treatment of mental illness or intellectual disabilities; assignment
of defendant to program; progress reports.
NRS 176A.255 Transfer
of jurisdiction from justice court or municipal court to district court for
assignment of defendant to program.
NRS 176A.260 Conditions
and limitations on assignment of defendant to program; effect of violation of
terms and conditions; discharge of defendant upon fulfillment of terms and
conditions; effect of discharge.
NRS 176A.265 Sealing
of records after discharge.
ASSIGNMENT TO PROGRAM FOR TREATMENT OF VETERANS AND MILITARY
NRS 176A.280 Establishment
of program for treatment of veterans and members of military; assignment of
defendant to program; progress reports.
NRS 176A.285 Transfer
of jurisdiction from justice court or municipal court to district court for
assignment of defendant to program.
NRS 176A.290 Conditions
and limitations on assignment of defendant to program; effect of violation of
terms and conditions; discharge of defendant upon fulfillment of terms and
conditions; effect of discharge.
NRS 176A.295 Sealing
of records after discharge.
PROGRAM OF PROBATION SECURED BY SURETY BOND
NRS 176A.300 Execution
and amount of surety bond.
NRS 176A.310 Conditions;
duties of surety; probationer to report to and pay surety.
NRS 176A.320 Failure
of surety to fulfill duties; failure of probationer to fulfill conditions of
surety bond.
NRS 176A.330 Exoneration
of surety and setting aside of forfeiture of surety bond.
NRS 176A.340 Procedure
when surety not exonerated; enforcement of liability; remission of judgment of
default.
NRS 176A.350 Discharge
of surety and release of bond.
NRS 176A.360 Arrest
of probationer.
NRS 176A.370 Money
collected to be deposited in State General Fund.
TERMS AND CONDITIONS
NRS 176A.400 Imposition
by court; alternative programs or treatment; prohibition on suspending term of
imprisonment; placement under supervision of Chief Parole and Probation
Officer.
NRS 176A.410 Required
terms and conditions for sex offenders; powers and duties of court; exceptions.
NRS 176A.413 Restrictions
relating to computers and use of Internet and other electronic means of
communication; powers and duties of court; exceptions.
NRS 176A.416 Evaluations
and counseling for offenses involving cruelty to animals; powers and duties of
court.
NRS 176A.420 Tests
to determine use of controlled substance.
NRS 176A.430 Restitution.
NRS 176A.440 Program
of intensive supervision.
NRS 176A.450 Modification;
procedure for modifying conditions relating to program of probation secured by
surety bond; limitations.
DURATION; ARREST FOR ALLEGED
VIOLATION
NRS 176A.500 Authority
of court to fix duration; limitations; arrest for alleged violation; powers and
duties of peace officers; deduction of days.
PROCEEDINGS AFTER ARREST
Residential Confinement Pending Inquiry or Consideration by
Court
NRS 176A.530 Authority
of Chief Parole and Probation Officer to order.
NRS 176A.540 Requirements;
intensive supervision; use of electronic device; limitations.
NRS 176A.550 Terms
and conditions; modification; notice to probationer.
NRS 176A.560 Termination;
detention of probationer in jail.
Inquiry to Determine Probable Cause
NRS 176A.580 Inquiry
required before alleged violation considered by court; qualifications of
inquiring officer; time and place of inquiry; exceptions; subpoenas.
NRS 176A.590 Enforcement
of subpoena issued by inquiring officer; contempt.
NRS 176A.600 Notice
to probationer; rights of probationer at inquiry.
NRS 176A.610 Duties
of inquiring officer; determination; detention or residential confinement of
probationer upon finding probable cause.
Consideration by Court of Alleged Violation; Assessment of
Expenses
NRS 176A.630 Assignment
of case; consideration of alleged violation; revocation permitted upon finding
violation; alternative actions; restitution for governmental expenses.
NRS 176A.635 Effect
of violation of condition of probation, forfeiture and restoration of credits
for good behavior.
NRS 176A.640 Expenses
of returning arrested probationer to court are charge against State; payment.
RESIDENTIAL CONFINEMENT AFTER VIOLATION
NRS 176A.660 Authority
of court to order; requirements; intensive supervision; use of electronic
device; limitations.
NRS 176A.670 Terms
and conditions; modification; notice.
NRS 176A.680 Authority
of court to modify or rescind for subsequent violation; imposition of other
punishment.
NRS 176A.690 Establishment
of procedures by Division for supervision of persons in residential
confinement.
RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS
NRS 176A.720 Establishment.
NRS 176A.730 Assignment
of probationers; limitations.
NRS 176A.740 Duties
and powers of Division; management of earnings and assets of probationer;
regulations.
PROGRAM OF REGIMENTAL DISCIPLINE
NRS 176A.770 Legislative
declaration.
NRS 176A.780 Eligibility;
procedure; completion; deduction of time from sentence.
DISCHARGE
NRS 176A.850 Honorable
discharge from probation: When granted; restoration of civil rights; effect;
documentation.
NRS 176A.870 Dishonorable
discharge.
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GENERAL PROVISIONS
NRS 176A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 176A.020 to 176A.090, 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
Special Session, 260; 2003, 1946; 2009, 104)
NRS 176A.020 “Board” defined. “Board”
means the State Board of Parole 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)
NRS 176A.030 “Court” defined. “Court”
means a district court of the State 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)
NRS 176A.040 “Division” defined. “Division”
means the Division of Parole and Probation of the Department of Public Safety.
(Added to NRS by 1993, 1512; A 2001, 2570)
NRS 176A.043 “Member of the military” defined. “Member
of the military” means a person who is presently serving in the Armed Forces of
the United States, a reserve component thereof or the National Guard.
(Added to NRS by 2009, 103)
NRS 176A.045 “Mental illness” defined. “Mental
illness” has the meaning ascribed to it in NRS
433.164.
(Added to NRS by 2001
Special Session, 258; A 2003, 1946)
NRS 176A.047 “Intellectual disability” defined. “Intellectual
disability” has the meaning ascribed to it in NRS 433.099.
(Added to NRS by 2003, 1945; A 2013, 686)
NRS 176A.050 “Parole and probation officer” defined. “Parole
and probation officer” means the Chief Parole and Probation Officer or an
assistant parole and 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)
NRS 176A.060 “Residential confinement” defined. “Residential
confinement” means the confinement of a person convicted of a crime to the
person’s place of residence under 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)
NRS 176A.070 “Standards” defined. “Standards”
means the objective standards for granting or revoking parole or probation
which are adopted by the Board 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)
NRS 176A.080 “Surety bond” defined. “Surety
bond” means a written undertaking, 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 person violates a condition of the program of probation, the
surety will pay the court the 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)
NRS 176A.090 “Veteran” defined. “Veteran”
means a person who has served in the Armed Forces of the United States, a
reserve component thereof or the National Guard and has been discharged or
released therefrom.
(Added to NRS by 2009, 103)
AUTHORITY OF THE COURT; LIMITATIONS
NRS 176A.100 Authority and discretion of court to suspend sentence and grant
probation; persons eligible; factors considered; intensive supervision;
submission of report of presentence investigation.
1. Except as otherwise provided in this
section and NRS 176A.110 and 176A.120, if a person is found guilty in a district
court upon verdict or plea of:
(a) Murder of the first or second degree,
kidnapping in the first degree, sexual assault, attempted sexual assault of a
child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the
suspension of sentence or the granting of probation is expressly forbidden, or
if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon
pursuant to NRS 207.014 or a habitual
felon pursuant to NRS 207.012, the
court shall not suspend the execution of the sentence imposed or grant
probation to the person.
(b) A category E felony, except as otherwise
provided in this paragraph, the court shall suspend the execution of the
sentence imposed and grant probation to the person. The court may, as it deems
advisable, decide not to suspend the execution of the sentence imposed and
grant probation to the person if, at the time of sentencing, it is established
that the person:
(1) Was serving a term of probation or was
on parole at the time the crime was committed, whether in this State or
elsewhere, for a felony conviction;
(2) Had previously had the person’s
probation or parole revoked, whether in this State or elsewhere, for a felony
conviction;
(3) Had previously been assigned to a
program of treatment and rehabilitation pursuant to NRS 453.580 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 situs of the crime or of this State would amount to a felony.
Ê If the
person denies the existence of a previous conviction, the court shall determine
the issue of the previous conviction after hearing all relevant evidence
presented on the issue by the prosecution and the person. At such a hearing,
the person may not challenge the validity of a previous conviction. For the
purposes of this paragraph, a certified copy of a felony conviction is prima
facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a
misdemeanor, the court may suspend the execution of the sentence imposed and
grant probation as the court deems advisable.
2. In determining whether to grant
probation to a person, the court shall not consider whether the person has the
financial ability to participate in a program of probation secured by a surety
bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. The court shall consider the standards
adopted pursuant to NRS 213.10988 and
the recommendation of the Chief Parole and Probation Officer, if any, in
determining whether to grant probation to a person.
4. If the court determines that a person
is otherwise eligible for probation but requires more supervision than would
normally be provided to a person granted probation, the court may, in lieu of
sentencing the person to a term of imprisonment, grant probation pursuant to
the Program of Intensive Supervision established pursuant to NRS 176A.440.
5. Except as otherwise provided in this
subsection, if a person is convicted of a felony and the Division is required
to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant
probation to the person until the court receives the report of the presentence
investigation from the Chief Parole and Probation Officer. The Chief Parole and
Probation Officer shall submit the report of the presentence investigation to
the court not later than 45 days after receiving a request for a presentence
investigation from the county clerk. If the report of the presentence
investigation is not submitted by the Chief Parole and Probation Officer within
45 days, the court may grant probation without the report.
6. If the court determines that a person
is otherwise eligible for probation, the court shall, when determining the
conditions of that probation, consider the imposition of such conditions as
would facilitate timely payments by the person of an obligation, if any, for
the support of a child 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 Persons convicted of certain offenses required to be certified
as not representing high risk to reoffend before court suspends sentence or
grants probation; immunity.
1. The court shall not grant probation to
or suspend the sentence of a person convicted of an offense listed in
subsection 3 unless:
(a) If a psychosexual evaluation of the person is
required pursuant to NRS 176.139, the
person who conducts the psychosexual evaluation certifies in the report
prepared pursuant to NRS 176.139 that
the person convicted of the offense does not represent a high risk to reoffend
based upon a currently accepted standard of assessment; or
(b) If a psychosexual evaluation of the person is
not required pursuant to NRS 176.139, a
psychologist licensed to practice in this State who is trained to conduct
psychosexual evaluations or a psychiatrist licensed to practice medicine in
this State who is certified by the American Board of Psychiatry and Neurology,
Inc., and is trained to conduct psychosexual evaluations certifies in a written
report to the court that the person convicted of the offense does not represent
a high risk to reoffend based upon a currently accepted standard of assessment.
2. This section does not create a right in
any person to be certified or to continue to be certified. No person may bring
a cause of action against the State, its political subdivisions, or the
agencies, boards, commissions, departments, officers or employees of the State
or its political subdivisions for not certifying a person pursuant to this
section or for refusing to consider a person for certification pursuant to this
section.
3. The provisions of this section apply to
a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is
16 years of age or older pursuant to NRS
200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault
pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor
pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Open or gross lewdness pursuant to NRS 201.210.
(h) Indecent or obscene exposure pursuant to NRS 201.220.
(i) Sexual penetration of a dead human body
pursuant to NRS 201.450.
(j) Luring a child or a person with mental
illness pursuant to NRS 201.560, if
punished as a felony.
(k) A violation of NRS 207.180.
(l) An attempt to commit an offense listed in
paragraphs (b) to (k), inclusive.
(m) Coercion or attempted coercion that is
determined to be sexually motivated pursuant to NRS 207.193.
(Added to NRS by 1997, 2504; A 2001, 1638, 2792; 2003, 67, 1382, 2828; 2013, 1162)
NRS 176A.120 Persons convicted of certain offenses against elderly required
to pay restitution before court suspends sentence or grants probation;
exceptions.
1. Except as otherwise provided in
subsection 2, the court shall not grant probation to a person whose conduct
during the commission of the crime for which the person was convicted satisfies
the requirements for imposing an additional term of imprisonment pursuant to
paragraph (h) or (i) of subsection 1 of NRS
193.167 or subsection 2 of NRS 193.167,
until the convicted person has paid to the victim of the offense at least 80
percent of the amount of restitution set by the court pursuant to NRS 176.033.
2. The court shall not deny probation to a
person as provided in subsection 1 unless the court determines that the person
has willfully failed to make restitution to the victim of the crime and the
person has the ability to make restitution.
(Added to NRS by 1997, 1031; A 1999, 43)
PROCEDURE
NRS 176A.200 Investigation by Division. The
Division shall inquire into the circumstances of the offense, criminal record,
social history and present condition of the defendant. Such an investigation
may include a physical and mental examination of the defendant. The expense of
any such examination must be paid by the county in which the indictment was
found or the information filed.
(Added to NRS by 1967, 1435; A 1997, 130; 2005, 81)
NRS 176A.210 Promise to comply with conditions of probation; waiver of
extradition. Upon entry of an
order of probation by the court, a person:
1. Shall be deemed accepted for probation
for all purposes; and
2. Shall submit to the Division for filing
with the clerk of the court of competent jurisdiction a signed document stating
that:
(a) The person will comply with the conditions
which have been imposed by the court and are stated in the document; and
(b) If the person fails to comply with the
conditions imposed by the court and is taken into custody outside of this
State, the person waives all rights relating to extradition proceedings.
(Added to NRS by 1995, 25; A 2005, 81)
NRS 176A.220 Certification of copy of records; delivery of copy to Chief
Parole and Probation Officer. The
court shall, upon the entering of an order of probation or suspension of
sentence, as provided for in this chapter, direct the clerk of the court to certify
a copy of the records in the case and deliver the copy to the Chief Parole and
Probation Officer.
(Added to NRS by 1991, 2043; A 1995, 26, 1250)
ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS
NRS 176A.250 Establishment of program for treatment of mental illness or
intellectual disabilities; assignment of defendant to program; progress
reports. A court may establish an
appropriate program for the treatment of mental illness or intellectual
disabilities to which it may assign a defendant pursuant to NRS 176A.260. The assignment must include the terms
and conditions for successful completion of the program and provide for
progress reports at intervals set by the court to ensure that the defendant is
making satisfactory progress towards completion of the program.
(Added to NRS by 2001
Special Session, 259; A 2003, 1946; 2013, 686)
NRS 176A.255 Transfer of jurisdiction from justice court or municipal court
to district court for assignment of defendant to program.
1. A justice court or a municipal court
may, upon approval of the district court, transfer original jurisdiction to the
district court of a case involving an eligible defendant.
2. As used in this section, “eligible
defendant” means a person who:
(a) Has not tendered a plea of guilty, guilty but
mentally ill or nolo contendere to, or been found guilty or guilty but mentally
ill of, an offense that is a misdemeanor;
(b) Appears to suffer from mental illness or to
be intellectually disabled; and
(c) Would benefit from assignment to a program
established pursuant to NRS 176A.250.
(Added to NRS by 2001
Special Session, 259; A 2003, 1467, 1946; 2007, 1422; 2013, 686)
NRS 176A.260 Conditions and limitations on assignment of defendant to
program; effect of violation of terms and conditions; discharge of defendant
upon fulfillment of terms and conditions; effect of discharge.
1. Except as otherwise provided in
subsection 2, if a defendant who suffers from mental illness or is
intellectually disabled tenders a plea of guilty, guilty but mentally ill or
nolo contendere to, or is found guilty or guilty but mentally ill of, any
offense for which the suspension of sentence or the granting of probation is
not prohibited by statute, the court may, without entering a judgment of
conviction and with the consent of the defendant, suspend further proceedings
and place the defendant on probation upon terms and conditions that must include
attendance and successful completion of a program established pursuant to NRS 176A.250.
2. If the offense committed by the
defendant involved the use or threatened use of force or violence or if the
defendant was previously convicted in this State or in any other jurisdiction
of a felony that involved the use or threatened use of force or violence, the
court may not assign the defendant to the program unless the prosecuting
attorney stipulates to the assignment.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction
and proceed as provided in the section pursuant to which the defendant was
charged.
(b) Notwithstanding the provisions of paragraph
(e) of subsection 2 of NRS 193.130, the
court may order the defendant to the custody of the Department of Corrections
if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and
conditions, the court shall discharge the defendant and dismiss the
proceedings. Discharge and dismissal pursuant to this section is without
adjudication of guilt and is not a conviction for purposes of this section or
for purposes of employment, civil rights or any statute or regulation or
license or questionnaire or for any other public or private purpose, but is a
conviction for the purpose of additional penalties imposed for second or
subsequent convictions or the setting of bail. Discharge and dismissal restores
the defendant, in the contemplation of the law, to the status occupied before
the arrest, indictment or information. The defendant may not be held thereafter
under any law to be guilty of perjury or otherwise giving a false statement by
reason of failure to recite or acknowledge that arrest, indictment, information
or trial in response to an inquiry made of the defendant for any purpose.
(Added to NRS by 2001
Special Session, 259; A 2003, 1467, 1946; 2007, 1422; 2013, 687)
NRS 176A.265 Sealing of records after discharge.
1. After a defendant is discharged from
probation pursuant to NRS 176A.260, the court
shall order sealed all documents, papers and exhibits in the defendant’s
record, minute book entries and entries on dockets, and other documents
relating to the case in the custody of such other agencies and officers as are
named in the court’s order if the defendant fulfills the terms and conditions
imposed by the court and the Division. The court shall order those records
sealed without a hearing unless the Division petitions the court, for good
cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record
of a defendant discharged pursuant to NRS 176A.260,
the court shall send a copy of the order to each agency or officer named in the
order. Each such agency or officer shall notify the court in writing of its
compliance with the order.
(Added to NRS by 2001
Special Session, 260; A 2009, 417)
ASSIGNMENT TO PROGRAM FOR TREATMENT OF VETERANS AND
MILITARY
NRS 176A.280 Establishment of program for treatment of veterans and members
of military; assignment of defendant to program; progress reports. A court may establish an appropriate program
for the treatment of veterans and members of the military to which it may
assign a defendant pursuant to NRS 176A.290. The
assignment must include the terms and conditions for successful completion of
the program and provide for progress reports at intervals set by the court to
ensure that the defendant is making satisfactory progress towards completion of
the program.
(Added to NRS by 2009, 103)
NRS 176A.285 Transfer of jurisdiction from justice court or municipal court
to district court for assignment of defendant to program.
1. A justice court or a municipal court
may, upon approval of the district court, transfer original jurisdiction to the
district court of a case involving an eligible defendant.
2. As used in this section, “eligible
defendant” means a veteran or a member of the military who:
(a) Has not tendered a plea of guilty, guilty but
mentally ill or nolo contendere to, or been found guilty or guilty but mentally
ill of, an offense that is a misdemeanor;
(b) Appears to suffer from mental illness, alcohol
or drug abuse or posttraumatic stress disorder, any of which appear to be
related to military service, including, without limitation, any readjustment to
civilian life which is necessary after combat service; and
(c) Would benefit from assignment to a program
established pursuant to NRS 176A.280.
(Added to NRS by 2009, 103)
NRS 176A.290 Conditions and limitations on assignment of defendant to
program; effect of violation of terms and conditions; discharge of defendant
upon fulfillment of terms and conditions; effect of discharge.
1. Except as otherwise provided in subsection
2, if a defendant who is a veteran or a member of the military and who suffers
from mental illness, alcohol or drug abuse or posttraumatic stress disorder as
described in NRS 176A.285 tenders a plea of
guilty, guilty but mentally ill or nolo contendere to, or is found guilty or
guilty but mentally ill of, any offense for which the suspension of sentence or
the granting of probation is not prohibited by statute, the court may, without entering
a judgment of conviction and with the consent of the defendant, suspend further
proceedings and place the defendant on probation upon terms and conditions that
must include attendance and successful completion of a program established
pursuant to NRS 176A.280.
2. If the offense committed by the
defendant involved the use or threatened use of force or violence or if the
defendant was previously convicted in this State or in any other jurisdiction
of a felony that involved the use or threatened use of force or violence, the
court may not assign the defendant to the program unless the prosecuting
attorney stipulates to the assignment. For the purposes of this subsection, in
determining whether an offense involved the use or threatened use of force or
violence, the court shall consider the facts and circumstances surrounding the
offense, including, without limitation, whether the defendant intended to place
another person in reasonable apprehension of bodily harm.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction
and proceed as provided in the section pursuant to which the defendant was
charged.
(b) Notwithstanding the provisions of paragraph
(e) of subsection 2 of NRS 193.130, the
court may order the defendant to the custody of the Department of Corrections
if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and
conditions, the court shall discharge the defendant and dismiss the
proceedings. Discharge and dismissal pursuant to this section is without
adjudication of guilt and is not a conviction for purposes of this section or
for purposes of employment, civil rights or any statute or regulation or
license or questionnaire or for any other public or private purpose, but is a
conviction for the purpose of additional penalties imposed for second or
subsequent convictions or the setting of bail. Discharge and dismissal restores
the defendant, in the contemplation of the law, to the status occupied before
the arrest, indictment or information. The defendant may not be held thereafter
under any law to be guilty of perjury or otherwise giving a false statement by
reason of failure to recite or acknowledge that arrest, indictment, information
or trial in response to an inquiry made of the defendant for any purpose.
(Added to NRS by 2009, 103;
A 2013,
2093)
NRS 176A.295 Sealing of records after discharge.
1. After a defendant is discharged from
probation pursuant to NRS 176A.290, the court
shall order sealed all documents, papers and exhibits in the defendant’s
record, minute book entries and entries on dockets, and other documents
relating to the case in the custody of such other agencies and officers as are
named in the court’s order if the defendant fulfills the terms and conditions
imposed by the court and the Division. The court shall order those records
sealed without a hearing unless the Division petitions the court, for good
cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record
of a defendant discharged pursuant to NRS 176A.290,
the court shall send a copy of the order to each agency or officer named in the
order. Each such agency or officer shall notify the court in writing of its
compliance with the order.
(Added to NRS by 2009, 104)
PROGRAM OF PROBATION SECURED BY SURETY BOND
NRS 176A.300 Execution and amount of surety bond.
1. Whenever a person other than an
indigent person has been found guilty of a category C, D or E felony upon
verdict or plea, and the court has determined that the person is eligible for
probation pursuant to NRS 176A.100, the court may
order the person to participate in a program of probation secured by a surety
bond if the court first determines that the person has the financial ability to
post such a surety bond.
2. If the court orders the person to
participate in a program of probation secured by a surety bond, the person
shall execute a bond for the participation. The court shall require one or more
sureties for the bond.
3. The court shall set the surety bond in
an amount which, in the judgment of the court, will reasonably ensure the
participation of the person in the program of probation.
4. A surety bond securing participation in
a program of probation must:
(a) Be issued in favor of and payable to the State
of Nevada;
(b) Extend for a period of 1 year;
(c) Be renewable annually; and
(d) Ensure the full compliance of the person in
the program of probation with all the conditions of probation set by the court.
(Added to NRS by 1995, 1245)
NRS 176A.310 Conditions; duties of surety; probationer to report to and pay
surety.
1. The court shall set the conditions of a
program of probation secured by a surety bond. The conditions must be appended
to and made part of the bond. The conditions may include, but are not limited
to, any one or more of the following:
(a) Submission to periodic tests to determine
whether the probationer is using any controlled substance or alcohol.
(b) Participation in a program for the treatment
of the abuse of a controlled substance or alcohol or a program for the
treatment of any other impairment.
(c) Participation in a program of professional counseling,
including, but not limited to, counseling for the family of the probationer.
(d) Restrictions or a prohibition on contact or
communication with witnesses or victims of the crime committed by the
probationer.
(e) A requirement to obtain and keep employment.
(f) Submission to a Program of Intensive
Supervision.
(g) Restrictions on travel by the probationer
outside the 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 the
probationer is using any controlled substance or alcohol, if the court requires
such tests as a condition of probation;
(2) Carry out a Program of Intensive
Supervision, if the court requires such a Program as a condition of probation;
and
(3) Enable the probationer to report
regularly to the surety.
(b) Notify the court within 24 hours after the
surety has knowledge of a violation of or a failure to fulfill a condition of
the program of probation.
3. A probationer participating in a
program of probation secured by a surety bond shall:
(a) Report regularly to the surety; and
(b) Pay the fee charged by the surety for the
execution of the bond.
(Added to NRS by 1995, 1245; A 2001
Special Session, 133)
NRS 176A.320 Failure of surety to fulfill duties; failure of probationer to
fulfill conditions of surety bond.
1. If a surety fails to:
(a) Provide the facilities or equipment required
by paragraph (a) of subsection 2 of NRS 176A.310;
or
(b) Notify the court pursuant to paragraph (b) of
subsection 2 of NRS 176A.310 of a violation of or
a failure to fulfill a condition of a program of probation by a probationer,
Ê the surety
shall pay a penalty of $15,000 to the court in addition to any other penalty
imposed by law.
2. If the probationer violates or fails to
fulfill a condition of the surety bond, the court shall:
(a) Declare a forfeiture of the surety bond;
(b) Direct that the surety be given notice by
certified mail that the probationer has violated or failed to fulfill a
condition of probation and shall execute an affidavit of such mailing to be
kept as an official public record of the court;
(c) Revoke the program of probation; and
(d) Issue a warrant for violating or failing to
fulfill a condition of probation and cause the defendant to be arrested.
(Added to NRS by 1995, 1246)
NRS 176A.330 Exoneration of surety and setting aside of forfeiture of surety
bond. The court may exonerate the
surety or set aside a forfeiture of the surety bond upon such terms as may be
just if:
1. The probationer appears before the
court and the court, upon hearing the matter, determines that the violation or
failure of the probationer to fulfill the condition of probation was:
(a) Caused by circumstances beyond the
probationer’s control and occurred notwithstanding the exercise of ordinary
care and in the absence of willful neglect; and
(b) Not in any way caused or aided by the surety;
or
2. The surety submits an application for
exoneration or an application to set the forfeiture aside on the ground that
the probationer is unable to appear because the probationer:
(a) Is dead;
(b) Is ill;
(c) Is insane; or
(d) Is being detained by civil or military
authorities,
Ê and the
court, 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 any
way cause or aid the absence of the probationer from the hearing.
(Added to NRS by 1995, 1247)
NRS 176A.340 Procedure when surety not exonerated; enforcement of liability;
remission of judgment of default.
1. If the surety is not exonerated and the
forfeiture of the surety bond is not set aside:
(a) The court shall enter a judgment of default
and execution may issue thereon; and
(b) The surety shall pay a penalty for the
revocation of the program of probation to the court in an amount equal to
one-half of the annual fee for the bond that the surety charged the
probationer.
2. By entering into a bond the surety
submits to the jurisdiction of the court and irrevocably appoints the clerk of
the court as its agent upon whom any papers affecting its liability may be
served. The liability may be enforced on motion and such notice of the motion
as the court prescribes may be served on the clerk of the court, who shall mail
copies to the surety to its last known address.
3. After entry of a judgment of default,
the court shall not remit it in whole or in part unless the conditions applying
to exonerating the surety and setting aside the forfeiture of the surety bond
set forth in NRS 176A.330 are met.
(Added to NRS by 1995, 1247)
NRS 176A.350 Discharge of surety and release of bond. When the conditions of a surety bond securing
participation in a program of probation have been satisfied or a forfeiture of
a bond has been set aside or remitted, the court shall discharge the surety and
release the bond.
(Added to NRS by 1995, 1247)
NRS 176A.360 Arrest of probationer. For
the purpose of surrendering a probationer, a surety, at any time before it is
finally discharged, and at any place within the State, may, by a written
authority endorsed on a certified copy of the undertaking, cause the
probationer to be arrested 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)
NRS 176A.370 Money collected to be deposited in State General Fund. Money collected pursuant to NRS 176A.300 to 176A.370,
inclusive, must be paid to the State Treasurer for deposit in the State General
Fund.
(Added to NRS by 1995, 1247)
TERMS AND CONDITIONS
NRS 176A.400 Imposition by court; alternative programs or treatment;
prohibition on suspending term of imprisonment; placement under supervision of
Chief Parole and Probation Officer.
1. In issuing an order granting probation,
the court may fix the terms and conditions thereof, including, without
limitation:
(a) A requirement for restitution;
(b) An order that the probationer dispose of all
the weapons the probationer possesses; or
(c) Any reasonable conditions to protect the
health, safety or welfare of the community or to ensure that the probationer
will appear at all times and places ordered by the court, including, without
limitation:
(1) Requiring the probationer to remain in
this State or a certain county within this State;
(2) Prohibiting the probationer from
contacting or attempting to contact a specific person or from causing or
attempting to cause another person to contact that person on the probationer’s
behalf;
(3) Prohibiting the probationer from
entering a certain geographic area; or
(4) Prohibiting the probationer from
engaging in specific conduct that may be harmful to the probationer’s own
health, safety or welfare, or the health, safety or welfare of another person.
2. In issuing an order granting probation
to a person who is found guilty of a category C, D or E felony, the court may
require the person as a condition of probation to participate in and complete
to the satisfaction of the court any alternative program, treatment or activity
deemed appropriate by the court.
3. The court shall not suspend the
execution of a sentence of imprisonment after the defendant has begun to serve
it.
4. In placing any defendant on probation
or in granting a defendant a suspended sentence, the court shall direct that
the defendant be placed under the supervision of the Chief Parole and Probation
Officer.
(Added to NRS by 1991, 2043; A 1995, 1250; 1997, 3357)
NRS 176A.410 Required terms and conditions for sex offenders; powers and
duties of court; exceptions.
1. Except as otherwise provided in
subsection 6, if a defendant is convicted of a sexual offense and the court
grants probation or suspends the sentence, the court shall, in addition to any
other condition ordered 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 the
defendant’s person, residence or vehicle or any property under the defendant’s
control, at any time of the day or night, without a warrant, by any parole and
probation officer or any peace officer, for the purpose of determining whether
the defendant has violated any condition of probation or suspension of sentence
or committed any crime.
(b) Reside at a location only if:
(1) The residence has been approved by the
parole and probation officer assigned to the defendant.
(2) If the residence is a facility that
houses more than three persons who have been released from prison, the facility
is a facility for transitional living for released offenders that is licensed
pursuant to chapter 449 of NRS.
(3) The defendant keeps the parole and
probation officer assigned to the defendant informed of the defendant’s current
address.
(c) Accept a position of employment or a position
as a volunteer only if it has been approved by the parole and probation officer
assigned to the defendant and keep the parole and probation officer informed of
the location of the defendant’s position of employment or position as a
volunteer.
(d) Abide by any curfew imposed by the parole and
probation officer assigned to the defendant.
(e) Participate in and complete a program of
professional counseling approved by the Division.
(f) Submit to periodic tests, as requested by the
parole and probation officer assigned to the defendant, to determine whether
the defendant is using a controlled substance.
(g) Submit to periodic polygraph examinations, as
requested by the parole and probation officer assigned to the defendant.
(h) Abstain from consuming, possessing or having
under the defendant’s control any alcohol.
(i) Not have contact or communicate with a victim
of the sexual offense or a witness who testified against the defendant or
solicit another person to engage in such contact or communication on behalf of
the defendant, unless approved by the Chief Parole and Probation Officer or the
Chief Parole and Probation Officer’s designee and a written agreement is entered
into and signed in the manner set forth in subsection 5.
(j) Not use aliases or fictitious names.
(k) Not obtain a post office box unless the
defendant receives permission from the parole and probation officer assigned to
the defendant.
(l) Not have contact with a person less than 18
years of age in a secluded environment unless another adult who has never been
convicted of a sexual offense is present and permission has been obtained from
the parole and probation officer assigned to the defendant in advance of each
such contact.
(m) Unless approved by the parole and probation
officer assigned to the defendant and by a psychiatrist, psychologist or
counselor treating the defendant, if any, not knowingly be within 500 feet of
any place, or if the place is a structure, within 500 feet of the actual
structure, that is designed primarily for use by or for children, including,
without limitation, a public or private school, a school bus stop, a center or
facility that provides day care services, a video arcade, an amusement park, a
playground, a park, an athletic field or a facility for youth sports, or a
motion picture theater. The provisions of this paragraph apply only to a
defendant who is a Tier III offender.
(n) Comply with any protocol concerning the use
of prescription medication prescribed by a treating physician, including,
without limitation, any protocol concerning the use of psychotropic medication.
(o) Not possess any sexually explicit material
that is deemed inappropriate by the parole and probation officer assigned to
the defendant.
(p) Not patronize a business which offers a
sexually related form of entertainment and which is deemed inappropriate by the
parole and probation officer assigned to the defendant.
(q) Not possess any electronic device capable of
accessing the Internet and not access the Internet through any such device or
any other means, unless possession of such a device or such access is approved
by the parole and probation officer assigned to the defendant.
(r) Inform the parole and probation officer
assigned to the defendant if the defendant expects to be or becomes enrolled as
a student at an institution of higher education or changes the date of
commencement or termination of the defendant’s enrollment at an institution of
higher education. As used in this paragraph, “institution of higher education”
has the meaning ascribed to it in NRS
179D.045.
2. Except as otherwise provided in
subsection 6, if a defendant is convicted of an offense listed in subsection 6
of NRS 213.1255 against a child under
the age of 14 years, the defendant is a Tier III offender and the court grants
probation or suspends the sentence of the defendant, the court shall, in
addition to any other condition ordered pursuant to subsection 1, order as a
condition of probation or suspension of sentence that the defendant:
(a) Reside at a location only if the residence is
not located within 1,000 feet of any place, or if the place is a structure,
within 1,000 feet of the actual structure, that is designed primarily for use
by or for children, including, without limitation, a public or private school,
a school bus stop, a center or facility that provides day care services, a
video arcade, an amusement park, a playground, a park, an athletic field or a
facility for youth sports, or a motion picture theater.
(b) As deemed appropriate by the Chief Parole and
Probation Officer, be placed under a system of active electronic monitoring
that is capable of identifying the defendant’s location and producing, upon
request, reports or records of the defendant’s presence near or within a crime
scene or prohibited area or the defendant’s departure from a specified
geographic location.
(c) Pay any costs associated with the defendant’s
participation under the system of active electronic monitoring, to the extent
of the defendant’s ability to pay.
3. A defendant placed under the system of
active electronic monitoring pursuant to subsection 2 shall:
(a) Follow the instructions provided by the
Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of
the electronic monitoring device to the Division within 2 hours after the occurrence
of the damage or defacement.
(c) Abide by any other conditions set forth by
the Division with regard to the defendant’s participation under the system of
active electronic monitoring.
4. Except as otherwise provided in this
subsection, a person who intentionally removes or disables or attempts to
remove or disable an electronic monitoring device placed on a defendant
pursuant to this section is guilty of a gross misdemeanor. The provisions of
this subsection do not prohibit a person authorized by the Division from
performing maintenance or repairs to an electronic monitoring device.
5. A written agreement entered into
pursuant to paragraph (i) of subsection 1 must state that the contact or
communication is in the best interest of the victim or witness, and specify the
type of contact or communication authorized. The written agreement must be
signed and agreed to by:
(a) The victim or the witness;
(b) The defendant;
(c) The parole and probation officer assigned to
the defendant;
(d) The psychiatrist, psychologist or counselor
treating the defendant, victim or witness, if any;
(e) If the victim or witness is a child under 18
years of age, each parent, guardian or custodian of the child; and
(f) The Chief Parole and Probation Officer or the
Chief Parole and Probation Officer’s designee.
6. The court is not required to impose a
condition of probation or suspension of sentence listed in subsections 1 and 2
if the court finds that extraordinary circumstances are present and the court
enters those extraordinary circumstances in the record.
7. As used in this section, “sexual
offense” has the meaning ascribed to it in NRS
179D.097.
(Added to NRS by 1997, 1667; A 2001, 2051; 2003, 566; 2005, 2862; 2007, 1916, 2749, 3246; 2009, 1293)
NRS 176A.413 Restrictions relating to computers and use of Internet and other
electronic means of communication; powers and duties of court; exceptions.
1. Except as otherwise provided in
subsection 2, if a defendant is convicted of stalking with the use of an
Internet or network site, electronic mail, text messaging or any other similar
means of communication pursuant to subsection 3 of NRS 200.575, an offense involving
pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive, or
luring a child or a person with mental illness through the use of a computer,
system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 and the court grants probation
or suspends the sentence, the court shall, in addition to any other condition
ordered pursuant to NRS 176A.400, order as a
condition of probation or suspension that the defendant not own or use a
computer, including, without limitation, use electronic mail, a chat room or
the Internet.
2. The court is not required to impose a
condition of probation or suspension of sentence set forth in subsection 1 if
the court finds that:
(a) The use of a computer by the defendant will
assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to
provide technological training concerning technology of which the defendant has
a unique knowledge; or
(c) The use of the computer by the defendant will
assist companies that require the use of the specific technological knowledge
of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in
subsection 1, if a defendant is convicted of an offense that involved the use
of a computer, system or network and the court grants probation or suspends the
sentence, the court may, in addition to any other condition ordered pursuant to
NRS 176A.400, order as a condition of probation or
suspension that the defendant not own or use a computer, including, without
limitation, use electronic mail, a chat room or the Internet.
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.
(d) “Text messaging” has the meaning ascribed to
it in NRS 200.575.
(Added to NRS by 2001, 2791; A 2003, 1383; 2009, 3010)
NRS 176A.416 Evaluations and counseling for offenses involving cruelty to
animals; powers and duties of court.
1. As a condition of probation, the court
may order a defendant who is convicted of a violation of chapter 574 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 therapy
recommended in the evaluation.
2. The court shall order a defendant, to
the extent of the defendant’s financial ability, to pay the cost for an
evaluation and any counseling or therapy pursuant to this section.
(Added to NRS by 2001, 2891)
NRS 176A.420 Tests to determine use of controlled substance.
1. Upon the granting of probation to a
person convicted of a felony or gross misdemeanor, the court may, when the
circumstances warrant, require as a condition of probation that the probationer
submit to periodic tests to determine whether the probationer is using any
controlled substance. Any such use or any failure or refusal to submit to a
test is a ground for revocation of probation.
2. Any expense incurred as a result of a
test must be paid from appropriations to the Division on claims as other claims
against the State are paid.
(Added to NRS by 1969, 181; A 1971, 2025; 1973, 179;
1975, 895; 1977,
262, 421;
1993, 1513)
NRS 176A.430 Restitution.
1. The court shall order as a condition of
probation or suspension of sentence, in appropriate circumstances, that the
defendant make 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 finds that restitution is impracticable. Such an order may require
payment for medical or psychological treatment of any person whom the defendant
has injured. In appropriate circumstances, the court shall include as a
condition of probation or suspension of sentence that the defendant execute an
assignment of wages earned while on probation or subject to the conditions of
suspension of sentence to the Division for restitution.
2. All money received by the Division for
restitution must be deposited with the State Treasurer for credit to the
Restitution Trust Fund.
3. The Division shall make pro rata
payments from the money received from the defendant to each person to whom the
restitution was ordered pursuant to this section. Such a payment must be made
not less than once each fiscal year. Any money received from the defendant that
is remaining at the end of each fiscal year must be paid at that time in pro
rata payments to each person to whom the restitution was ordered. A final pro
rata payment must be made to such persons when the defendant pays the entire
restitution owed.
4. All payments from the Fund must be paid
as other claims against the State are paid.
5. If restitution is not required, the
court shall set forth the circumstances upon which it finds restitution
impracticable in its order of probation or suspension of sentence.
6. Failure to comply with the terms of an
order for restitution is a violation of a condition of probation or suspension
of sentence unless the defendant’s failure was caused by economic hardship
resulting in his or her inability to pay the amount due. The defendant is
entitled to a hearing to show the existence of such a hardship.
7. If, within 3 years after the defendant
has been discharged from probation, the Division has not located the person to
whom the restitution was ordered, the money paid to the Division by the
defendant must be deposited with the State Treasurer for credit to the Fund for
the Compensation of Victims of Crime.
(Added to NRS by 1975, 83; A 1977, 399; 1981, 1341; 1983, 245, 383; 1993, 1514; 1995, 410; 2013, 194)
NRS 176A.440 Program of intensive supervision.
1. The Chief Parole and Probation Officer
shall develop a program for the intensive supervision of a person granted
probation pursuant to subsection 4 of NRS 176A.100.
2. The Program of Intensive Supervision
must include an initial period of electronic supervision of the probationer
with an electronic device approved by the Division. The device must be
minimally intrusive and limited in capability to recording or transmitting
information concerning the probationer’s presence at the probationer’s
residence, including, but not limited to, the transmission of still visual
images which do not concern the probationer’s activities while inside the
residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the probationer’s
activities while inside the residence,
Ê must not be
used.
(Added to NRS by 1991, 2043; A 1993, 1514; 1995, 1251)
NRS 176A.450 Modification; procedure for modifying conditions relating to
program of probation secured by surety bond; limitations.
1. Except as otherwise provided in this
section, by order duly entered, the court may impose, and may at any time
modify, any conditions of probation or suspension of sentence. The court shall
cause a copy of any such order to be delivered to the parole and probation
officer and the probationer. A copy of the order must also be sent to the
Director of the Department of Corrections if the probationer is under the
supervision of the Director pursuant to NRS 176A.780.
2. If the probationer is participating in
a program of probation secured by a surety bond, the court shall not impose or
modify the conditions of probation unless the court notifies the surety and:
(a) Causes the original bond to be revoked and
requires a new bond to which the original and the new conditions are appended
and made part; or
(b) Requires an additional bond to which the new
conditions are appended and made part.
3. The court shall not modify a condition
of probation or suspension of sentence that was imposed pursuant to NRS 176A.410, unless the court finds that
extraordinary circumstances are present and the court enters those
extraordinary circumstances in the record.
(Added to NRS by 1967, 1435; A 1989, 1855; 1995, 1251; 1997, 1672; 2001
Special Session, 222)
DURATION; ARREST FOR ALLEGED VIOLATION
NRS 176A.500 Authority of court to fix duration; limitations; arrest for alleged
violation; powers and duties of peace officers; deduction of days.
1. The period of probation or suspension
of sentence may be indeterminate or may be fixed by the court and may at any
time be extended or terminated by the court, but the period, including any
extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to NRS 176A.260, 176A.290
or 453.3363; or
(b) Five years for a felony.
2. At any time during probation or
suspension of sentence, the court may issue a warrant for violating any of the
conditions of probation or suspension of sentence and cause the defendant to be
arrested. Except for the purpose of giving a dishonorable discharge from
probation, and except as otherwise provided in this subsection, the time during
which a warrant for violating any of the conditions of probation is in effect
is not part of the period of probation. If the warrant is cancelled or
probation is reinstated, the court may include any amount of that time as part
of the period of probation.
3. Any parole and probation officer or any
peace officer with power to arrest may arrest a probationer without a warrant,
or may deputize any other officer with power to arrest to do so by giving the
probationer a written statement setting forth that the probationer has, in the
judgment of the parole and probation officer, violated the conditions of
probation. Except as otherwise provided in subsection 4, the parole and
probation officer or the peace officer, after making an arrest, shall present
to the detaining authorities, if any, a statement of the charges against the
probationer. The parole and probation officer shall at once notify the court
which granted probation of the arrest and detention or residential confinement
of the probationer and shall submit a report in writing showing in what manner
the probationer has violated the conditions of probation.
4. A parole and probation officer or a
peace officer may immediately release from custody without any further
proceedings any person the officer arrests without a warrant for violating a
condition of probation if the parole and probation officer or peace officer
determines that there is no probable cause to believe that the person violated
the condition of probation.
5. A person who is sentenced to serve a
period of probation for a felony or a gross misdemeanor must be allowed for the
period of the probation a deduction as set forth in subsection 6 if the
offender is in compliance with the terms and conditions of the probation as
determined by the Division and is:
(a) Current with any fee to defray the cost of
the supervision charged pursuant to NRS
213.1076 and with any fines, fees and restitution ordered by the court,
including, without limitation, any payment of restitution required pursuant to NRS 176A.430; and
(b) Actively involved in employment or enrolled
in a program of education, rehabilitation or any other program approved by the
Division.
6. A person described in subsection 5 must
be allowed for the period of the probation a deduction of:
(a) Ten days from that period for each month the
person serves and is current on any fees to defray the cost of the supervision
owed and on any fines, fees and restitution ordered by the court; and
(b) Except as otherwise provided in subsection 7,
an additional 10 days from that period for each month the person serves and is
actively involved in employment or enrolled in a program of education,
rehabilitation or any other program approved by the Division.
7. A person who is sentenced to serve a
period of probation for a felony or a gross misdemeanor and who is a
participant in a specialty court program must be allowed a deduction from the
period of probation for being actively involved in employment or enrolled in a
program of education, rehabilitation or any other program approved by the
Division only if the person successfully completes the specialty court program.
Such a deduction must not exceed the length of time remaining on the person’s
period of probation.
8. As used in this section, “specialty
court program” means a program established by a court to facilitate testing,
treatment and oversight of certain persons over whom the court has jurisdiction
and who the court has determined suffer from mental illnesses or abuse alcohol
or drugs. Such a program includes, without limitation, a program established
pursuant to NRS 176A.250 or 453.580.
(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
Special Session, 260; 2007, 3184; 2009, 105, 2513)
PROCEEDINGS AFTER ARREST
Residential Confinement Pending Inquiry or Consideration
by Court
NRS 176A.530 Authority of Chief Parole and Probation Officer to order. The Chief Parole and Probation Officer may, in
accordance with the provisions of NRS 176A.530 to 176A.560, inclusive, order any probationer who is
arrested pursuant to NRS 176A.500 to be placed in
residential confinement in lieu of detention in a county jail pending an
inquiry to determine whether there is probable cause to believe that the
probationer has committed any act which would constitute a violation of a
condition of the probation.
(Added to NRS by 1991, 314)
NRS 176A.540 Requirements; intensive supervision; use of electronic device;
limitations.
1. The Chief Parole and Probation Officer
may order the residential confinement of a probationer if the Chief Parole and
Probation Officer believes that the probationer poses no danger to the
community and will appear at a scheduled inquiry or court hearing.
2. In ordering the residential confinement
of a probationer, the Chief Parole and Probation Officer shall:
(a) Require the probationer to be confined to the
probationer’s residence during the time the probationer is away from any
employment, community service or other activity authorized by the Division; and
(b) Require intensive supervision of the
probationer, including, without limitation, unannounced visits to the
probationer’s residence or other locations where the probationer is expected to
be to determine whether the probationer is complying with the terms of
confinement.
3. An electronic device approved by the
Division may be used to supervise a probationer who is ordered to be placed in
residential confinement. The device must be minimally intrusive and limited in
capability to recording or transmitting information concerning the
probationer’s presence at the probationer’s residence, including the transmission
of still visual images which do not concern the probationer’s activities while
inside the residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the probationer’s
activities while inside the residence,
Ê must not be
used.
4. The Chief Parole and Probation Officer
shall not order a probationer to be placed in residential confinement unless
the probationer agrees to the order.
5. Any residential confinement must not
extend beyond the unexpired maximum term of the original sentence.
(Added to NRS by 1991, 314; 1993, 1514; 1995, 1251; 2001
Special Session, 134)
NRS 176A.550 Terms and conditions; modification; notice to probationer.
1. In ordering a probationer to be placed
in residential confinement, the Chief Parole and Probation Officer may
establish the terms and conditions of that confinement.
2. The Chief Parole and Probation Officer
may, at any time, modify the terms and conditions of the residential
confinement.
3. The Chief Parole and Probation Officer
shall cause a copy of the order to be delivered to the probationer.
(Added to NRS by 1991, 314)
NRS 176A.560 Termination; detention of probationer in jail.
1. The Chief Parole and Probation Officer
may terminate the residential confinement of a probationer and order the
detention of the probationer in a county jail pending an inquiry or court
hearing if:
(a) The probationer violates the terms or
conditions of the residential confinement; or
(b) The Chief Parole and Probation Officer, in
his or her discretion, determines that the probationer poses a danger to the
community or that there is a reasonable doubt that the probationer will appear
at the inquiry or hearing.
2. A probationer has no right to dispute a
decision to terminate the residential confinement.
(Added to NRS by 1991, 315)
Inquiry to Determine Probable Cause
NRS 176A.580 Inquiry required before alleged violation considered by court;
qualifications of inquiring officer; time and place of inquiry; exceptions;
subpoenas.
1. Before a probationer in custody for a
violation of a condition of probation may be returned to the court for that
violation, an inquiry must be conducted to determine whether there is probable
cause to believe that the probationer has committed any act that would
constitute such a violation.
2. The inquiry must be conducted before an
inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of violation of the
probation; and
(c) Has not recommended revocation of the
probation,
Ê but the
inquiring officer need not be a judicial officer.
3. Except in a case where the probationer
is a fugitive or is under supervision in another state, the inquiry must be
held at or reasonably near the place of the alleged violation or the arrest and
must be held:
(a) If the probationer is on probation from
another state and under supervision in this State, not later than 30 days after
arrest.
(b) If the probationer is on probation from a
Nevada court, promptly and not later than 15 days after arrest and confinement
on the charge that the probationer has violated a condition of probation or
after an order has been filed to hold the probationer on that charge if the
probationer is already confined on another charge. The time for the inquiry may
be extended if, within the 15-day period, the probationer is released from
confinement or the order that the probationer be held is withdrawn.
4. Any conviction for violating a federal,
state or local law, except a minor traffic offense, which is committed while
the probationer is on probation constitutes probable cause for the purposes of
this section and an inquiry need not be held.
5. For the purposes of this section, the
inquiring officer may administer oaths and issue subpoenas to compel the
attendance of witnesses and the production of books and papers.
(Added to NRS by 1977, 815; A 1979, 168; 1981, 479; 1983, 270)
NRS 176A.590 Enforcement of subpoena issued by inquiring officer; contempt.
1. If any witness refuses to attend or
testify or produce any books and papers as required by the subpoena, the
inquiring officer may report to the district court by petition, setting forth
that:
(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the
inquiring officer pursuant to NRS 176A.580; and
(c) The witness has failed or refused to attend
or produce the books and papers required by the subpoena at the inquiry which
is named in the subpoena, or has refused to answer questions propounded,
Ê and asking
for an order of the court compelling the witness to attend and testify or
produce the books and papers.
2. Upon such petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days from the date of the order, and then and there show cause why the witness
has not attended or testified or produced the books or papers at the inquiry. A
certified copy of the order shall be served upon the witness.
3. If it appears to the court that the
subpoena was regularly issued by the inquiring officer, the court shall enter
an order that the witness appear at the inquiry at the time and place fixed in
the order and testify or produce the required books or papers, and upon failure
to obey the order the witness shall be dealt with as for contempt of court.
(Added to NRS by 1979, 168)
NRS 176A.600 Notice to probationer; rights of probationer at inquiry.
1. The parole and probation officer or
detaining authority shall 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
probationer to:
(a) Appear and speak on the probationer’s own
behalf.
(b) Obtain counsel.
(c) Present any relevant letters or other
documents and any person who can give relevant information.
(d) Confront and question any person who appears
against the probationer, unless in the opinion of the inquiring officer the
person would be subjected to a risk of harm by disclosure of the person’s
identity.
(Added to NRS by 1977, 815; A 1983, 271)
NRS 176A.610 Duties of inquiring officer; determination; detention or
residential confinement of probationer upon finding probable cause.
1. Upon completion of the inquiry, the inquiring
officer shall:
(a) Make a written summary of what occurred at
the inquiry, noting the substance of the evidence given to support a revocation
of the probation and the probationer’s position and responses.
(b) Determine whether there is probable cause to
hold the probationer for a court hearing on revocation.
2. If the inquiring officer determines
that there is probable cause:
(a) The inquiring officer’s determination is
sufficient to warrant the continued detention of the probationer pending the
court’s hearing; or
(b) The Chief Parole and Probation Officer may
order the probationer to be placed in residential confinement in accordance
with the provisions of NRS 176A.530 to 176A.560, inclusive.
(Added to NRS by 1977, 816; A 1991, 316)
Consideration by Court of Alleged Violation; Assessment of
Expenses
NRS 176A.630 Assignment of case; consideration of alleged violation;
revocation permitted upon finding violation; alternative actions; restitution
for governmental expenses. If the
probationer is arrested, by or without warrant, in another judicial district of
this state, the court which granted the probation may assign the case to the
district court of that district, with the consent of that court. The court
retaining or thus acquiring jurisdiction shall cause the defendant to be
brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, if
any, of the Chief Parole and Probation Officer. Upon determining that the
probationer has violated a condition of probation, the court shall, if
practicable, order the probationer to make restitution for any necessary
expenses incurred by a governmental entity in returning the probationer to the
court for violation of the probation. The court may:
1. Continue or revoke the probation or
suspension of sentence;
2. Order the probationer to a term of
residential confinement pursuant to NRS 176A.660;
3. Order the probationer to undergo a
program of regimental discipline pursuant to NRS
176A.780;
4. Cause the sentence imposed to be
executed; or
5. Modify the original sentence imposed by
reducing the term of imprisonment and cause the modified sentence to be
executed. The court shall not make the term of imprisonment less than the
minimum term of imprisonment prescribed by the applicable penal statute. If the
Chief Parole and Probation Officer recommends that the sentence of a
probationer be modified and the modified sentence be executed, the Chief Parole
and Probation Officer shall provide notice of the recommendation to any victim
of the crime for which the probationer was convicted who has requested in
writing to be notified and who has provided a current address to the Division.
The notice must inform the victim that he or she has the right to submit
documents to the court and to be present and heard at the hearing to determine
whether the sentence of a probationer who has violated a condition of probation
should be modified. The court shall not modify the sentence of a probationer
and cause the sentence to be executed until it has confirmed that the Chief
Parole and Probation Officer has complied with the provisions of this
subsection. The Chief Parole and Probation Officer must not be held responsible
when such notification is not received by the victim if the victim has not
provided a current address. All personal information, including, but not
limited to, a current or former address, which pertains to a victim and which
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)
NRS 176A.635 Effect of violation of condition of probation, forfeiture and
restoration of credits for good behavior.
1. If a court before which a probationer is
brought pursuant to NRS 176A.630 determines that
the probationer has violated a condition of probation, the probationer forfeits
all or part of the credits for good behavior earned pursuant to NRS 176A.500 during probation, in the discretion of
the court.
2. A forfeiture may be made only by the
court after proof of the violation and notice to the probationer.
3. The court may restore credits forfeited
for such reasons as it considers proper.
4. If the court provides for the
forfeiture or restoration of credits for good behavior of a probationer
pursuant to this section, the clerk of the court shall notify the Chief Parole
and Probation Officer of the forfeiture or restoration of credits.
(Added to NRS by 2009, 2512)
NRS 176A.640 Expenses of returning arrested probationer to court are charge
against State; payment. The
necessary expenses of returning to the court a person arrested for violation of
probation are a charge against the State and must be paid from money
appropriated to the Division. After the appropriation for this purpose is
exhausted, money must be allocated to the Division out of the Reserve for
Statutory Contingency Account, upon approval by the State Board of Examiners,
for the payment of these expenses.
(Added to NRS by 1977, 816; A 1983, 237; 1991, 1753; 1993, 1515)
RESIDENTIAL CONFINEMENT AFTER VIOLATION
NRS 176A.660 Authority of court to order; requirements; intensive
supervision; use of electronic device; limitations.
1. If a person who has been placed on
probation violates a condition of probation, the court may order the person to
a term of residential confinement in lieu of causing the sentence imposed to be
executed. In making this determination, the court shall consider the criminal
record of the person and the seriousness of the crime committed.
2. In ordering the person to a term of
residential confinement, the court shall:
(a) Direct that the person be placed under the
supervision of the Division and require:
(1) The person to be confined to the
person’s residence during the time the person is away from any employment,
community service or other activity authorized by the Division; and
(2) Intensive supervision of the person,
including, without limitation, unannounced visits to the person’s residence or
other locations where the person is expected to be in order to determine
whether the person is complying with the terms of confinement; or
(b) If the person was placed on probation for a
felony conviction, direct that the person be placed under the supervision of
the Department of Corrections and require the person to be confined to a
facility or institution of the Department for a period not to exceed 6 months.
The Department may select the facility or institution in which to place the
person.
3. An electronic device approved by the
Division may be used to supervise a person ordered to a term of residential
confinement. The device must be minimally intrusive and limited in capability
to recording or transmitting information concerning the person’s presence at
the person’s residence, including, but not limited to, the transmission of
still visual images which do not concern the person’s activities while inside
the residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the person’s
activities while inside the residence,
Ê must not be
used.
4. The court shall not order a person to a
term of residential confinement unless the person agrees to the order.
5. A term of residential confinement may
not be longer than the maximum term of a sentence imposed by the court.
6. As used in this section:
(a) “Facility” has the meaning ascribed to it in NRS 209.065.
(b) “Institution” has the meaning ascribed to it
in NRS 209.071.
(Added to NRS by 1987, 2228; A 1991, 57; 1993, 1515; 1995, 1252; 2001
Special Session, 135; 2007, 3185; 2009, 2514)
NRS 176A.670 Terms and conditions; modification; notice.
1. In ordering a person to a term of
residential confinement, a court may establish the terms and conditions of that
confinement.
2. The court may, at any time, modify the
terms and conditions of the residential confinement.
3. The court shall cause a copy of its
order to be delivered to the person and the Division.
(Added to NRS by 1987, 2229; A 1993, 1516)
NRS 176A.680 Authority of court to modify or rescind for subsequent
violation; imposition of other punishment. If
it is determined that the person violated any term or condition of residential
confinement, the sentence may be rescinded, modified or continued. If it is
rescinded, another punishment authorized by law must be imposed.
(Added to NRS by 1987, 2229)
NRS 176A.690 Establishment of procedures by Division for supervision of
persons in residential confinement. The
Division shall establish procedures to administer a program of supervision for
persons who are ordered to a term of residential confinement.
(Added to NRS by 1987, 2229; A 1993, 1516)
RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS
NRS 176A.720 Establishment. The
Division may:
1. Establish centers for the housing and
supervision of probationers assigned to the centers under NRS 176A.730.
2. Contract for any services necessary to
operate these centers.
(Added to NRS by 1983, 321; A 1993, 1516)
NRS 176A.730 Assignment of probationers; limitations.
1. Except as otherwise provided in
subsection 2, when a district court grants probation to a person convicted of a
felony or continues probation after the person’s return to the court for
violation of a condition of probation, the court may require as a condition of
granting or continuing probation that the convicted person live for a period of
time specified by the court under the supervision of the Division in a
residential center established pursuant to NRS
176A.720.
2. The court may not assign a convicted
person to a residential center under subsection 1:
(a) If the convicted person has served a prior
prison term in any state or federal penal institution.
(b) Unless, in cases where probation is being
granted rather than continued, the assignment is recommended by the Division.
(Added to NRS by 1983, 321; A 1993, 1516)
NRS 176A.740 Duties and powers of Division; management of earnings and assets
of probationer; regulations.
1. The Division shall:
(a) Determine a fixed amount to be deducted from
the wages of each probationer assigned to a residential center to partially
offset the cost of providing the probationer with housing and meals at the
center.
(b) Arrange for all earnings of a probationer
assigned to a residential center to be paid directly from the employer to the
probationer who shall immediately give the probationer’s earnings to the
Division.
(c) Deduct the amount for housing, meals and
medical and dental services determined under paragraph (a), and distribute the
remainder according to a court order for restitution, if any, or to a plan for
the management of the probationer’s assets established by the Division.
2. The Division may adopt regulations
necessary to carry out the provisions of this section and NRS 176A.720 and 176A.730.
(Added to NRS by 1983, 321; A 1993, 1516)
PROGRAM OF REGIMENTAL DISCIPLINE
NRS 176A.770 Legislative declaration. The
Legislature hereby determines and declares that a program of regimental
discipline is not to be used as an alternative to probation, but as an
alternative to incarceration.
(Added to NRS by 1989, 1852)
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:
(1) Does not involve an act of violence;
or
(2) Involves
an act of violence, but the district attorney stipulates to the defendant’s
eligibility to participate in a program of regimental discipline;
(c) Is at least 18 years of age;
(d) Has not
been incarcerated in jail during his lifetime for a cumulative total of more
than 365 days;
(e) Has never been incarcerated in prison; and
(f) Is otherwise eligible for probation,
Ê the court
may order the defendant satisfactorily to complete a program of regimental discipline
for 150 days before sentencing the defendant or in lieu of causing the sentence
imposed to be executed upon violation of a condition of probation or suspension
of sentence.
2. If the court orders the defendant to
undergo a program of regimental discipline, it:
(a) Shall place the defendant under the
supervision of the Director of the Department of Corrections for not more than
190 days, not more than the first 30 days of which must be used to determine
the defendant’s eligibility to participate in the program. In determining the
defendant’s eligibility to participate in the program, the Director shall:
(1) Make all reasonable efforts to
accommodate the defendant in the program; and
(2) Consider the facts and circumstances
of the defendant’s offense based on the police report, the report of the
presentence investigation and any other information available to the Director.
(b) Shall, if appropriate, direct the Chief
Parole and Probation Officer to provide a copy of the defendant’s records to
the Director of the Department of Corrections.
(c) Shall require the defendant to be returned to
the court not later than 30 days after the defendant is placed under the
supervision of the Director, if the defendant is determined to be ineligible
for the program.
(d) May require such reports concerning the
defendant’s participation in the program as it deems desirable.
3. If the defendant is ordered to complete
the program before sentencing, the Director of the Department of Corrections
shall return the defendant to the court not later than 150 days after the
defendant began the program. The Director shall certify either that the
defendant satisfactorily completed the program or that the defendant did not,
and shall report the results of the Director’s evaluation, including any
recommendations which will be helpful in determining the proper sentence. Upon
receiving the report, the court shall sentence the defendant.
4. If the defendant is ordered to complete
the program in lieu of causing the sentence imposed to be executed upon the
violation of a condition of probation and the defendant satisfactorily
completes the program, the Director of the Department of Corrections shall, not
later than 150 days after the defendant began the program, return the defendant
to the court with certification that the defendant satisfactorily completed the
program. The court shall direct that:
(a) The defendant be placed under the supervision
of the Chief Parole and Probation Officer; and
(b) The Director of the Department of Corrections
cause a copy of the records concerning the defendant’s participation in the
program to be provided to the Chief Parole and Probation Officer.
5. If a defendant is ordered to complete
the program of regimental discipline in lieu of causing the sentence imposed to
be executed upon the violation of a condition of probation, a failure by the
defendant satisfactorily to complete the program constitutes a violation of
that condition of probation and the Director of the Department of Corrections shall
return the defendant to the court.
6. Time spent in the program must be
deducted from any sentence which may thereafter be imposed.
(Added to NRS by 1989, 1852; A 1993, 1942; 2001
Special Session, 222; 2013, 1846)
DISCHARGE
NRS 176A.850 Honorable discharge from probation: When granted; restoration of
civil rights; effect; documentation.
1. A person who:
(a) Has fulfilled the conditions of probation for
the entire period thereof;
(b) Is recommended for earlier discharge by the
Division; or
(c) Has demonstrated fitness for honorable
discharge but because of economic hardship, verified by the Division, has been
unable to make restitution as ordered by the court,
Ê may be
granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining
unpaid constitutes a civil liability arising upon the date of discharge.
3. Except as otherwise provided in
subsection 4, a person who has been honorably discharged from probation:
(a) Is free from the terms and conditions of
probation.
(b) Is immediately restored to the following
civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a
civil action.
(c) Four years after the date of honorable discharge
from probation, is restored to the right to hold office.
(d) Six years after the date of honorable
discharge from probation, is restored to the right to serve as a juror in a
criminal action.
(e) If the person meets the requirements of NRS 179.245, may apply to the court for
the sealing of records relating to the conviction.
(f) Must be informed of the provisions of this
section and NRS 179.245 in the person’s
probation papers.
(g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from
the requirements of chapter 179D of NRS.
(h) Shall disclose the conviction to a gaming
establishment and to the State and its agencies, departments, boards,
commissions and political subdivisions, if required in an application for
employment, license or other permit. As used in this paragraph, “establishment”
has the meaning ascribed to it in NRS
463.0148.
(i) Except as otherwise provided in paragraph
(h), need not 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 honorably discharged from probation if the person has previously been
convicted in this State:
(a) Of a category A felony.
(b) Of an offense that would constitute a
category A felony if committed as of the date of the honorable discharge from
probation.
(c) Of a category B felony involving the use of
force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or
violence that resulted in substantial bodily harm to the victim and that would
constitute a category B felony if committed as of the date of honorable
discharge from probation.
(e) Two or more times of a felony, unless a
felony for which the person has been convicted arose out of the same act,
transaction or occurrence as another felony, in which case the convictions for
those felonies shall be deemed to constitute a single conviction for the
purposes of this paragraph.
Ê A person
described in this subsection may petition a court of competent jurisdiction for
an order granting the restoration of civil rights as set forth in subsection 3.
5. The prior conviction of a person who
has been honorably discharged from probation may be used for purposes of
impeachment. In any subsequent prosecution of the person, the prior conviction
may be pleaded and proved if otherwise admissible.
6. Except for a person subject to the
limitations set forth in subsection 4, upon honorable discharge from probation,
the person so discharged must be given an official document which provides:
(a) That the person has received an honorable
discharge from probation;
(b) That the person has been restored to his or
her civil rights to vote and to serve as a juror in a civil action as of the
date of honorable discharge from probation;
(c) The date on which the person’s civil right to
hold office will be restored pursuant to paragraph (c) of subsection 3; and
(d) The date on which the person’s civil right to
serve as a juror in a criminal action will be restored pursuant to paragraph
(d) of subsection 3.
7. Subject to the limitations set forth in
subsection 4, a person who has been honorably discharged from probation in this
State or elsewhere and whose official documentation of honorable discharge from
probation is lost, damaged or destroyed may file a written request with a court
of competent jurisdiction to restore the person’s civil rights pursuant to this
section. Upon verification that the person has been honorably discharged from
probation and 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 set forth in subsection 3. A person must not be required to pay a fee to
receive such an order.
8. A person who has been honorably
discharged from probation in this State or elsewhere may present:
(a) Official documentation of honorable discharge
from probation, if it contains the provisions set forth in subsection 6; or
(b) A court order restoring the person’s civil
rights,
Ê as proof
that the person 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 Dishonorable discharge. A
defendant whose term of probation has expired and:
1. Whose whereabouts are unknown;
2. Who has failed to make restitution in
full as ordered by the court, without a verified showing of economic hardship;
or
3. Who has otherwise failed to qualify for
an honorable discharge as provided in NRS 176A.850,
Ê is not
eligible 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 unpaid
restitution, but does not entitle the probationer to any privilege conferred by
NRS 176A.850.
(Added to NRS by 1967, 1437; A 1977, 274, 815; 1981, 361; 1989, 1984; 1997, 945)
