[Rev. 11/21/2013 10:08:10 AM--2013]

CHAPTER 211A - DEPARTMENT OF ALTERNATIVE SENTENCING

NRS 211A.010        Definitions.

NRS 211A.020        “Assistant” defined.

NRS 211A.040        “Chief” defined.

NRS 211A.050        “Court” defined.

NRS 211A.060        “Department” defined.

NRS 211A.065        “Governing body” defined.

NRS 211A.070        “Probationer” defined.

NRS 211A.075        “Supervised releasee” defined.

NRS 211A.080        Creation of department.

NRS 211A.090        Powers and duties of department.

NRS 211A.100        Qualifications of chief.

NRS 211A.110        Duties of chief.

NRS 211A.120        Duties of assistant.

NRS 211A.125        Arrest of probationer or supervised releasee.

NRS 211A.127        Violation of condition of suspended sentence by probationer or pretrial or presentence release by supervised releasee.

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

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

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      NRS 211A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 211A.020 to 211A.075, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1995, 871; A 2009, 2257; 2013, 490)

      NRS 211A.020  “Assistant” defined.  “Assistant” means an assistant alternative sentencing officer employed pursuant to subsection 1 of NRS 211A.110.

      (Added to NRS by 1995, 871)

      NRS 211A.040  “Chief” defined.  “Chief” means the chief of a department of alternative sentencing.

      (Added to NRS by 1995, 871)

      NRS 211A.050  “Court” defined.  “Court” means a court having jurisdiction over a person who is charged with a misdemeanor, gross misdemeanor or felony.

      (Added to NRS by 1995, 871; A 2013, 491)

      NRS 211A.060  “Department” defined.  “Department” means a department of alternative sentencing created pursuant to NRS 211A.080.

      (Added to NRS by 1995, 871)

      NRS 211A.065  “Governing body” defined.  “Governing body” means the governing body of a county or a city.

      (Added to NRS by 2009, 2257)

      NRS 211A.070  “Probationer” defined.  “Probationer” means a person who has been convicted of a misdemeanor, who:

      1.  Has had his or her 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)

      NRS 211A.075  “Supervised releasee” defined.  “Supervised releasee” means a person who has been charged with or convicted of a misdemeanor, gross misdemeanor or felony and who has been released from custody before trial or sentencing, subject to the conditions imposed by the court.

      (Added to NRS by 2013, 490)

      NRS 211A.080  Creation of department.  The governing body of each county or city may create a department of alternative sentencing to provide a program of supervision for probationers and supervised releasees in accordance with any conditions imposed by the court.

      (Added to NRS by 1995, 872; A 2009, 2257; 2013, 491)

      NRS 211A.090  Powers and duties of department.  The department:

      1.  May supervise a probationer or a supervised releasee who, as a condition of a suspended sentence, a sentence to residential confinement or pretrial or presentence release, is released under the supervision of the department by the court.

      2.  Shall, at the time a probationer or a supervised releasee is released under the supervision of the department:

      (a) Provide the probationer or the supervised releasee with a written statement describing the terms or conditions of the suspended sentence, residential confinement or pretrial or presentence release imposed by the court; and

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

      3.  Must be knowledgeable about the conduct and activities of each probationer and supervised releasee under the supervision of the department.

      4.  Shall use all reasonable methods to assist a probationer or a supervised releasee under the supervision of the department to improve his or her conduct and comply with the terms or conditions of his or her suspended sentence, residential confinement or pretrial or presentence release.

      5.  Shall 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.  Shall 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; A 2013, 491)

      NRS 211A.100  Qualifications of chief.  The chief:

      1.  Must be appointed by the action of a majority of the governing body.

      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, parole or pretrial or presentence release.

      3.  Is in the unclassified service of the county.

      (Added to NRS by 1995, 872; A 2009, 2258; 2013, 491)

      NRS 211A.110  Duties of chief.  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 governing body.

      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 or a supervised releasee and any report requested by the court or the governing body.

      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 and supervised releasees, the recordkeeping of the department and the reporting on matters relating to probationers and supervised releasees.

      6.  Submit a written report, on or before January 31 of each year, to the governing body and to each court having jurisdiction over a probationer or a supervised releasee under the chief’s 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 or the supervised releasees who were under the supervision of the department during that period.

      7.  Advise the court of any probationer or supervised releasee who has violated the terms or conditions of his or her suspended sentence, residential confinement or pretrial or presentence release.

      (Added to NRS by 1995, 872; A 2009, 2258; 2013, 491)

      NRS 211A.120  Duties of assistant.  An assistant shall:

      1.  Maintain detailed written records of his or her 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)

      NRS 211A.125  Arrest of probationer or supervised releasee.

      1.  The chief or an assistant may arrest a probationer or a supervised releasee without a warrant if there is probable cause to believe that the probationer or the supervised releasee has committed an act that constitutes a violation of a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.

      2.  Any other peace officer may arrest a probationer or a supervised releasee upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that the probationer or the supervised releasee has committed an act that constitutes a violation of a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.

      3.  After making an arrest, the chief, assistant or other peace officer shall immediately notify the court of the arrest of the probationer or the supervised releasee and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence, residential confinement or pretrial or presentence release of the probationer or the supervised releasee.

      4.  A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer or supervised releasee arrested without a warrant pursuant to this section if the chief, assistant or other peace officer determines that there is not probable cause to believe that the person violated the condition of his or her suspended sentence, residential confinement or pretrial or presentence release.

      (Added to NRS by 1997, 1479; A 2013, 492)

      NRS 211A.127  Violation of condition of suspended sentence by probationer or pretrial or presentence release by supervised releasee.

      1.  If a probationer has violated a condition of his or her 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.  If a supervised releasee has violated a condition of his or her pretrial or presentence release, 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 his or her pretrial or presentence release.

      (b) Revoke his or her pretrial or presentencing release.

      (c) Consider the violation at the time of sentencing.

      3.  Before taking any action described in subsection 1 or 2, the court shall provide the probationer or the supervised releasee with notice of the proposed action and an opportunity to be heard.

      (Added to NRS by 1999, 1381; A 2013, 492)

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

      1.  The governing body shall adopt a schedule of fees to be imposed on probationers or supervised releasees to defray the cost of the supervision of a probationer or a supervised releasee. The schedule adopted must provide for a monthly fee of not less than $20 for the supervision of a probationer or a supervised releasee.

      2.  Except as otherwise provided in subsection 3:

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

      (b) Payment of the required fee by the probationer or the supervised releasee is a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.

      3.  If the chief determines that payment of the fee would result in economic hardship to a probationer or a supervised releasee, 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 or the supervised releasee does not constitute a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.

      (Added to NRS by 1995, 873; A 2009, 2258; 2013, 493)

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

      1.  Except as otherwise provided in NRS 239.0115, any information regarding a probationer or a supervised releasee obtained by the chief, an assistant or other employee of the department in the discharge of his or her 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 or her 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; A 2007, 2078; 2013, 493)