USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 211A - DEPARTMENT OF ALTERNATIVE SENTENCING
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 211A.020
to 211A.070 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1995, 871)
“Assistant” means an assistant
alternative sentencing officer employed pursuant to subsection 1 of NRS
211A.110 .
(Added to NRS by 1995, 871)
“Board” means a board of county
commissioners.
(Added to NRS by 1995, 871)
“Chief” means the chief of a
department of alternative sentencing.
(Added to NRS by 1995, 871)
“Court” means a court having
jurisdiction over a person who is charged with a misdemeanor.
(Added to NRS by 1995, 871)
“Department” means a
department of alternative sentencing created pursuant to NRS 211A.080
.
(Added to NRS by 1995, 871)
“Probationer” means a person
who has been convicted of a misdemeanor, who:
1. Has had his sentence suspended pursuant to NRS 4.373 or 5.055 ,
and is serving that suspended sentence; or
2. Has been sentenced to a term of residential confinement
pursuant to NRS 4.3762 or 5.076 , and is serving that term of residential
confinement.
(Added to NRS by 1995, 871)
The board of each county may
create a department of alternative sentencing to provide a program of
supervision for probationers.
(Added to NRS by 1995, 872)
The department shall:
1. Supervise a probationer, who as a condition of a suspended
sentence or a sentence to residential confinement, is released under the
supervision of the department by the court.
2. At the time a probationer is released under the supervision of
the department:
(a) Provide the probationer with a written statement describing the
terms or conditions of the suspended sentence or residential confinement
imposed by the court; and
(b) Explain the terms or conditions to the probationer.
3. Be knowledgeable about the conduct and activities of each
probationer under the supervision of the department.
4. Use all reasonable methods to assist a probationer under the
supervision of the department to improve his conduct and comply with the
terms or conditions of his suspended sentence or residential confinement.
5. Collect and disburse any money in accordance with the orders of
the court and make a written record of any money so collected or
disbursed.
6. Cooperate with and assist any agency of law enforcement and any
agency providing social services as requested by the court, or as
necessary to fulfill the duties of the department.
(Added to NRS by 1995, 872)
The chief:
1. Must be appointed by the action of a majority of the board.
2. Must have at least 5 years of experience, with an increasing
level of responsibility, in the field of law enforcement, corrections or
supervision of persons on probation or parole.
3. Is in the unclassified service of the county.
(Added to NRS by 1995, 872)
The chief shall:
1. Hire assistant alternative sentencing officers and other
employees as necessary to carry out the responsibilities of the
department within the limitations of appropriations to the department by
the board.
2. Direct the work of all assistants and employees.
3. Be responsible for the fiscal affairs of the department.
4. Be responsible for the completion of any report regarding an
investigation or the supervision of a probationer and any report
requested by the court or the board.
5. After reviewing and considering recognized correctional
programs and courses for training correctional staff, develop and provide
to assistants and other employees training in methods and policies
regarding the investigation and supervision of probationers, the
recordkeeping of the department and the reporting on matters relating to
probationers.
6. Submit a written report, on or before January 31 of each year,
to the board and to each court having jurisdiction over a probationer
under his supervision, setting forth in detail the activities of the
department during the previous calendar year. The report must include
statistical data concerning the department’s activities and operations
and the probationers who were under the supervision of the department
during that period.
7. Advise the court of any probationer who has violated the terms
or conditions of his suspended sentence or residential confinement.
(Added to NRS by 1995, 872)
An assistant shall:
1. Maintain detailed written records of his daily work;
2. Make any report as required by the court or the chief; and
3. Carry out any duty of the department as assigned by the chief.
(Added to NRS by 1995, 873)
1. The chief or an assistant may arrest a probationer without a
warrant if there is probable cause to believe that the probationer has
committed an act that constitutes a violation of a condition of his
suspended sentence or residential confinement.
2. Any other peace officer may arrest a probationer upon receipt
of a written order by a chief or an assistant stating that there is
probable cause to believe that a probationer has committed an act that
constitutes a violation of a condition of his suspended sentence or
residential confinement.
3. After making an arrest, the chief, assistant or other peace
officer shall immediately notify the sentencing court of the arrest of
the probationer and shall submit a written report setting forth the act
that constituted a violation of a condition of the suspended sentence or
residential confinement of the probationer.
4. A chief, an assistant or another peace officer may immediately
release from custody without any further proceedings any probationer
arrested without a warrant pursuant to this section if he determines that
there is not probable cause to believe that the person violated the
condition of his suspended sentence or residential confinement.
(Added to NRS by 1997, 1479)
1. If a probationer has violated a condition of his suspended
sentence, the court may, upon its own motion or upon the report and
recommendation of the chief or an assistant, do any or all of the
following:
(a) Modify the conditions of the suspension of the sentence.
(b) Modify and extend the suspension of the sentence, in whole or
in part, for a period of not more than 1 year after the date on which the
court finds that the probationer has committed the violation, unless a
longer period is authorized by specific statute.
(c) Revoke the suspension of the sentence, in whole or in part, and
cause all or part of the sentence to be executed.
2. Before taking any action described in subsection 1, the court
shall provide the probationer with notice of the proposed action and an
opportunity to be heard.
(Added to NRS by 1999, 1381 )
1. The board shall adopt a schedule of fees to be imposed on
probationers to defray the cost of the supervision of a probationer. The
schedule adopted must provide for a monthly fee of not less than $20 for
the supervision of a probationer.
2. Except as otherwise provided in subsection 3:
(a) The department shall charge each probationer the fee set forth
in the schedule adopted pursuant to subsection 1.
(b) Payment of the required fee by the probationer is a condition
of his suspended sentence or residential confinement.
3. If the chief determines that payment of the fee would result in
economic hardship to a probationer, the chief may waive the imposition
of, or reduce the amount of, the fee. If the chief waives the imposition
of the fee, payment of the fee by the probationer does not constitute a
condition of his suspended sentence or residential confinement.
(Added to NRS by 1995, 873)
1. Any information regarding a probationer obtained by the chief,
an assistant or other employee of the department in the discharge of his
duties shall be deemed confidential. Except as otherwise provided in
subsection 2, the chief, an assistant or other employee of the department
shall not disclose such information.
2. The chief, an assistant or other employee of the department
shall disclose information obtained in the discharge of his duties to the
court or the district attorney upon request, or to any other person as
ordered by the court or as provided by law.
(Added to NRS by 1995, 873)
