USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 176A - PROBATION AND SUSPENSION OF SENTENCE
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 176A.020
to 176A.080 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229;
1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505;
2001 Special Session, 260 ; 2003, 1946 )
“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)—(Substituted in revision for part of NRS 176.175)
“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)—(Substituted in revision for part of NRS 176.175)
“Division” means the Division of
Parole and Probation of the Department of Public Safety.
(Added to NRS by 1993, 1512; A 2001, 2570 )
“Mental illness” has the
meaning ascribed to it in NRS 433.164 .
(Added to NRS by 2001 Special Session, 258 ; A 2003, 1946 )
“Mental retardation”
has the meaning ascribed to it in NRS 433.174 .
(Added to NRS by 2003, 1945 )
“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)—(Substituted in revision for part of NRS 176.175)
“Residential
confinement” means the confinement of a person convicted of a crime to
his 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)—(Substituted in revision for part of NRS 176.175)
“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)—(Substituted in revision for part of NRS 176.175)
“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)—(Substituted in revision for part of NRS 176.175)
AUTHORITY OF THE COURT; LIMITATIONS
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 his 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 him
to a term of imprisonment, grant him 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 his 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 )
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) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195 .
(h) Open or gross lewdness pursuant to NRS 201.210 .
(i) Indecent or obscene exposure pursuant to NRS 201.220 .
(j) Sexual penetration of a dead human body pursuant to NRS 201.450
.
(k) Luring a child or mentally ill person pursuant to NRS 201.560
, if punished as a felony.
(l) A violation of NRS 207.180 .
(m) An attempt to commit an offense listed in paragraphs (b) to
(l), inclusive.
(n) 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 )
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 he 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
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 )
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) He will comply with the conditions which have been imposed by
the court and are stated in the document; and
(b) If he fails to comply with the conditions imposed by the court
and is taken into custody outside of this State, he waives all his rights
relating to extradition proceedings.
(Added to NRS by 1995, 25; A 2005, 81 )
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)—(Substituted in
revision for NRS 176.1857)
ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS
A court may establish an appropriate program for the
treatment of mental illness or mental retardation 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 )
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 or nolo contendere to, or
been found guilty of, an offense that is a misdemeanor;
(b) Appears to suffer from mental illness or to be mentally
retarded; 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 )
1. Except as otherwise provided in subsection 2, if a defendant
who suffers from mental illness or is mentally retarded tenders a plea of
guilty or nolo contendere to, or is found guilty 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 against him.
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 him for any purpose.
(Added to NRS by 2001 Special Session, 259 ; A 2003, 1467 , 1946 )
1. Three years 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 )
PROGRAM OF PROBATION SECURED BY 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
his 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)—(Substituted in revision for NRS
176.1851)
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 )
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)—(Substituted in revision for NRS
176.18515)
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 his 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:
(a) He is dead;
(b) He is ill;
(c) He is insane; or
(d) He 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)—(Substituted in revision for NRS
176.18517)
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)—(Substituted in revision for NRS
176.18519)
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)—(Substituted in revision for NRS
176.18521)
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)—(Substituted in revision
for NRS 176.18523)
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)—(Substituted in revision for NRS
176.18525)
TERMS AND CONDITIONS
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 he
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 his 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 his 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 he be placed
under the supervision of the Chief Parole and Probation Officer.
(Added to NRS by 1991, 2043; A 1995, 1250; 1997, 3357)—(Substituted
in revision for NRS 176.1853)
1. Except as otherwise provided in subsection 3, 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 his person, residence or
vehicle or any property under his 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 it has been approved by the parole
and probation officer assigned to the defendant and keep the parole and
probation officer informed of his 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 his 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 his 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 parole and probation officer
assigned to the defendant, and a written agreement is entered into and
signed in the manner set forth in subsection 2;
(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 be in or near:
(1) A playground, park, school or school grounds;
(2) A motion picture theater; or
(3) A business that primarily has children as customers or
conducts events that primarily children attend;
(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; and
(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 his 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. 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; and
(e) If the victim or witness is a child under 18 years of age, each
parent, guardian or custodian of the child.
3. The court is not required to impose a condition of probation or
suspension of sentence listed in subsection 1 if the court finds that
extraordinary circumstances are present and the court enters those
extraordinary circumstances in the record.
4. As used in this section, “sexual offense” has the meaning
ascribed to it in NRS 179D.410 .
(Added to NRS by 1997, 1667; A 2001, 2051 ; 2003, 566 ; 2005, 2862 )
1. Except as otherwise provided in subsection 2, if a defendant is
convicted of stalking with the use of an Internet or network site or
electronic mail 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 mentally ill person 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 .
(Added to NRS by 2001, 2791 ; A 2003, 1383 )
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 his
financial ability, to pay the cost for an evaluation and any counseling
or therapy pursuant to this section.
(Added to NRS by 2001, 2891 )
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)—(Substituted in revision for NRS 176.187)
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 by him 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 for:
(a) One victim may; and
(b) More than one victim must,
Ê be deposited with the State Treasurer for credit to the Restitution
Trust Fund. All payments from the Fund must be paid as other claims
against the State are paid.
3. 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.
4. 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 has been caused by economic hardship resulting in
his inability to pay the amount due. The defendant is entitled to a
hearing to show the existence of such a hardship.
5. 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 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)—(Substituted in revision for NRS 176.189)
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 his residence, including, but
not limited to, the transmission of still visual images which do not
concern the probationer’s activities while inside his 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 his residence,
Ê must not be used.
(Added to NRS by 1991, 2043; A 1993, 1514; 1995, 1251)—(Substituted
in revision for NRS 176.198)
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
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 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 him 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 he 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.
(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 )
PROCEEDINGS AFTER ARREST
Residential Confinement Pending Inquiry or Consideration by Court
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
his probation.
(Added to NRS by 1991, 314)—(Substituted in revision for NRS
176.2155)
1. The Chief Parole and Probation Officer may order the
residential confinement of a probationer if he 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 his residence during
the time he is away from his employment, community service or other
activity authorized by the Division; and
(b) Require intensive supervision of the probationer, including,
without limitation, unannounced visits to his residence or other
locations where he is expected to be to determine whether he is complying
with the terms of his 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 his residence, including the transmission of
still visual images which do not concern the probationer’s activities
while inside his 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 his 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 )
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
his order to be delivered to the probationer.
(Added to NRS by 1991, 314)—(Substituted in revision for NRS
176.2192)
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 his
residential confinement; or
(b) The Chief Parole and Probation Officer, in his 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
his residential confinement.
(Added to NRS by 1991, 315)—(Substituted in revision for NRS
176.2194)
Inquiry to Determine Probable Cause
1. Before a probationer in custody for a violation of a condition
of his probation may be returned to the court for that violation, an
inquiry must be conducted to determine whether there is probable cause to
believe that he 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 he 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 his arrest.
(b) If he is on probation from a Nevada court, promptly and not
later than 15 days after his arrest and confinement on the charge that he
has violated a condition of his probation or after an order has been
filed to hold him on that charge if he 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 he
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)—(Substituted in revision for NRS 176.216)
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 to him,
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 he 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)—(Substituted in revision for NRS
176.2165)
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 his 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 him,
unless in the opinion of the inquiring officer the person would be
subjected to a risk of harm by disclosure of his identity.
(Added to NRS by 1977, 815; A 1983, 271)—(Substituted in revision
for NRS 176.217)
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) His 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)—(Substituted in revision
for NRS 176.218)
Consideration of Alleged Violation by the Court; Assessment of 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 his probation, the court shall,
if practicable, order the probationer to make restitution for any
necessary expenses incurred by a governmental entity in returning him to
the court for violation of his 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, he 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 his current address to the Division. The notice must
inform the victim that he 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 his 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)—(Substituted in revision for NRS 176.221)
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)—(Substituted in revision for NRS 176.223)
RESIDENTIAL CONFINEMENT AFTER VIOLATION
1. If a person who has been placed on probation violates a
condition of his probation, the court may order him 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 he be placed under the supervision of the Division;
(b) Require the person to be confined to his residence during the
time he is away from his employment, community service or other activity
authorized by the Division; and
(c) Require intensive supervision of the person, including, without
limitation, unannounced visits to his residence or other locations where
he is expected to be in order to determine whether he is complying with
the terms of his confinement.
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 his
residence, including, but not limited to, the transmission of still
visual images which do not concern the person’s activities while inside
his 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 his
residence,
Ê must not be used.
4. The court shall not order a person to a term of residential
confinement unless he 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.
(Added to NRS by 1987, 2228; A 1991, 57; 1993, 1515; 1995, 1252;
2001 Special Session, 135 )
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)—(Substituted in revision
for NRS 176.2233)
If it is
determined that the person violated any term or condition of his
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)—(Substituted in revision for NRS
176.2235)
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)—(Substituted in revision
for NRS 176.2237)
RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS
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)—(Substituted in revision
for NRS 176.224)
1. Except as otherwise provided in subsection 2, when a district
court grants probation to a person convicted of a felony or continues his
probation after his 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)—(Substituted in revision
for NRS 176.2242)
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 his 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)—(Substituted in revision
for NRS 176.2244)
PROGRAM OF REGIMENTAL DISCIPLINE
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)—(Substituted in revision for NRS
176.2246)
1. If a defendant:
(a) Is male;
(b) Has been convicted of a felony that does not involve an act of
violence;
(c) Is at least 18 years of age;
(d) Has never been incarcerated in jail or prison as an adult for
more than 6 months; and
(e) 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.
(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 he is placed under the supervision of the
Director, if he 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 he did not, and shall report
of the results of his 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 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 )
DISCHARGE
1. A person who:
(a) Has fulfilled the conditions of his probation for the entire
period thereof;
(b) Is recommended for earlier discharge by the Division; or
(c) Has demonstrated his 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 his 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 his honorable discharge from
probation, is restored to the right to hold office.
(d) Six years after the date of his honorable discharge from
probation, is restored to the right to serve as a juror in a criminal
action.
(e) If he meets the requirements of NRS 179.245 , may apply to the court for the sealing of
records relating to his conviction.
(f) Must be informed of the provisions of this section and NRS
179.245 in his 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 his 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 his
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 his 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 his honorable discharge from probation, the person so
discharged must be given an official document which provides:
(a) That he has received an honorable discharge from probation;
(b) That he has been restored to his civil rights to vote and to
serve as a juror in a civil action as of the date of his honorable
discharge from probation;
(c) The date on which his civil right to hold office will be
restored to him pursuant to paragraph (c) of subsection 3; and
(d) The date on which his civil right to serve as a juror in a
criminal action will be restored to him 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 his honorable discharge
from probation is lost, damaged or destroyed may file a written request
with a court of competent jurisdiction to restore his 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 his honorable discharge from
probation, if it contains the provisions set forth in subsection 6; or
(b) A court order restoring his civil rights,
Ê as proof that he has been restored to the civil rights set forth in
subsection 3.
(Added to NRS by 1967, 1436; A 1989, 1983; 1993, 1517; 1997, 1672;
2001, 1639 , 1690 ; 2003, 67 , 2685 ; 2005, 81 , 2354 )
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)—(Substituted in revision for NRS 176.245)
