reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.245 - Sealing of records after discharge, dismissal, conditional dismissal or setting aside of judgment of conviction.

1. Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.240, 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 defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.210 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.240, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that 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 be sealed. The justice court, municipal court or district court, as applicable, 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.
3. If the court orders sealed the record of a defendant who is discharged from probation, whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.240, 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 2019, 4391; A 2021, 2476)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.250 - Establishment of program for treatment of mental illness or intellectual disabilities; assignment of defendant to program; progress reports.

A district court, justice court or municipal 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 174.032, 176.211, 176A.260 or 176A.400. 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; 2017, 3014; 2019, 4393; 2023, 1738)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.255 - Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program or order requiring defendant to receive assisted outpatient treatment.

1. A justice court or a municipal court, as applicable, may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant if the justice court or municipal court, as applicable:
(a) Has not established a program pursuant to NRS 176A.250; or
(b) Determines that the transfer is appropriate and necessary.
2. As used in this section, "eligible defendant" means a person who:
(a) Appears to suffer from mental illness or to be intellectually disabled; and
(b) Would benefit from assignment to a program established pursuant to:
(1) NRS 176A.250; or
(2) NRS 433A.335, if the defendant is eligible to receive assisted outpatient treatment pursuant to that section.
(Added to NRS by 2001 Special Session, 259; A 2003, 1467, 1946; 2007, 1422; 2013, 686; 2023, 1738, 1796)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.265 - Sealing of records after discharge, dismissal, conditional dismissal or setting aside of judgment of conviction.

1. Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.260, the district court, justice court or municipal court, as applicable, 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 district court, justice court or municipal court, as applicable, 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 defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.260, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that 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 be sealed. The justice court, municipal court or district court, as applicable, 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.
3. If the district court, justice court or municipal court, as applicable, orders sealed the record of a defendant who is discharged from probation, whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside 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 district court, justice court or municipal court, as applicable, in writing of its compliance with the order.
(Added to NRS by 2001 Special Session, 260; A 2009, 417; 2019, 4395; 2021, 2478; 2023, 1741)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.280 - Establishment of program for treatment of veterans and members of military; qualifications; assignment of defendant to program; progress reports.

1. A district court, justice court or municipal 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 174.032, 176.211, 176A.290 or 176A.400 if the defendant is a veteran or member of the military and:
(a) Is diagnosed after an in-person clinical assessment by a counselor who is licensed or certified to make such a diagnosis or a physician who is certified by the Board of Medical Examiners to make such a diagnosis, or by the results of a mental health or substance use screening, as suffering from:
(1) Mental illness, alcohol or other substance use disorder, posttraumatic stress disorder or a traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life which is necessary after combat service; or
(2) Military sexual trauma;
(b) Would benefit from assignment to the program; and
(c) Is not ineligible for assignment to the program pursuant to NRS 176A.287 or any other provision of law.
2. The assignment of a defendant to a program pursuant to this section must:
(a) Include the terms and conditions for successful completion of the program; and
(b) Provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
3. As used in this section:
(a) "Military sexual trauma" means psychological trauma that is the result of sexual harassment or an act of sexual assault that occurred while the veteran or member of the military was serving on active duty, active duty for training or inactive duty training.
(b) "Sexual harassment" means repeated, unsolicited verbal or physical contact of a sexual nature that is threatening in character.
(Added to NRS by 2009, 103; A 2017, 3015, 3020; 2019, 4395)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.285 - Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program.

If a justice court or municipal court has not established a program pursuant to NRS 176A.280, the justice court or municipal court, as applicable, may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving a defendant who meets the qualifications of subsection 1 of NRS 176A.280.
(Added to NRS by 2009, 103; A 2017, 3020; 2023, 1796)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.287 - Ineligibility for program: Exceptions.

1. Except as otherwise provided in subsection 2, a defendant is not eligible for assignment to a program of treatment established pursuant to NRS 176A.280 if:
(a) The offense committed by the defendant was a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony; or
(b) The defendant was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.
2. A defendant described in paragraph (b) of subsection 1 may be assigned to a program of treatment established pursuant to NRS 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.
(Added to NRS by 2017, 3019; A 2019, 2445, 4396)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.295 - Sealing of records after discharge, dismissal, conditional dismissal or setting aside of judgment of conviction.

1. Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.290, the justice court, municipal court or district court, as applicable, 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 justice court, municipal court or district court, as applicable, 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 defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.290, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that 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 be sealed. The justice court, municipal court or district court, as applicable, 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.
3. If the justice court, municipal court or district court, as applicable, orders sealed the record of a defendant who is discharged from probation, whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside 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 justice court, municipal court or district court, as applicable, in writing of its compliance with the order.
(Added to NRS by 2009, 104; A 2017, 3022; 2019, 2447, 4398; 2021, 2480)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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 use 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 Enhanced 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 Enhanced 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; 2021, 2425)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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,
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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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,
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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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, a suspended sentence or a deferred sentence pursuant to NRS 176.211, 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 whom the probationer is prohibited from contacting by court order 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 is 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, a suspended sentence or a deferred sentence pursuant to NRS 176.211 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, including, without limitation, any specialty court program.
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 or deferred 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; 2019, 4398)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, 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 or a violation of NRS 201.553 which involved the use of an electronic communication device 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 and includes, without limitation, an electronic communication device.
(b) "Electronic communication device" has the meaning ascribed to it in NRS 200.737.
(c) "Network" has the meaning ascribed to it in NRS 205.4745.
(d) "System" has the meaning ascribed to it in NRS 205.476.
(e) "Text messaging" has the meaning ascribed to it in NRS 200.575.
(Added to NRS by 2001, 2791; A 2003, 1383; 2009, 3010; 2019, 1809; 2023, 2469)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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 violation for which a graduated sanction may be imposed in accordance with the system adopted by the Division pursuant to NRS 176A.510.
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; 2019, 4399)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.435 - Risk and needs assessment to be administered to each probationer to determine level of supervision and develop individualized case plans; subsequent assessments to determine whether to change level; exceptions to administration of assessment; modification of terms and conditions; periodic validation of assessment.

1. Except as otherwise provided in subsection 3, the Division shall administer a risk and needs assessment to each probationer under the Division’s supervision. The results of the risk and needs assessment must be used to set a level of supervision for each probationer and to develop individualized case plans pursuant to subsection 4. The risk and needs assessment must be administered and scored by a person trained in the administration of the tool.
2. Except as otherwise provided in subsection 3, on a schedule determined by the appropriate risk and needs assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each probationer. The results of the risk and needs assessment conducted in accordance with this section must be used to determine whether a change in the level of supervision is necessary. The Division shall document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.
3. The provisions of subsections 1 and 2 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
4. The Division shall develop an individualized case plan for each probationer. The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that will need to be considered and addressed for each probationer.
5. Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2:
(a) The supervising officer shall notify the court of the finding; and
(b) The court may modify the terms and conditions of probation pursuant to subsection 1 of NRS 176A.450.
6. The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment. The Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.
7. As used in this section, "risk and needs assessment" means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.
(Added to NRS by 2021, 2423; A 2023, 1648)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.440 - Program of enhanced supervision.

1. The Chief Parole and Probation Officer shall develop a program for the enhanced supervision of a person granted probation pursuant to subsection 3 of NRS 176A.100.
2. The Program of Enhanced Supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s location, including, but not limited to, the transmission of still visual images which do not concern the probationer’s activities, and producing, upon request, reports or records of the probationer’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. 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,
must not be used.
(Added to NRS by 1991, 2043; A 1993, 1514; 1995, 1251; 2015, 349; 2021, 2426)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.540 - Requirements; enhanced supervision; use of electronic device; limitations.

1. Except as otherwise provided in subsection 4, 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 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 enhanced 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 may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s location, including, but not limited to, the transmission of still visual images which do not concern the probationer’s activities, and producing, upon request, reports or records of the probationer’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. 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,
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; 2015, 349; 2021, 2427)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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 a 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 hearing.
2. A probationer has no right to dispute a decision to terminate the residential confinement.
(Added to NRS by 1991, 315; A 2021, 2428)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.660 - Authority of court to order; requirements; enhanced supervision; use of electronic device; limitations.

1. Except as otherwise provided in subsection 4, 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) Enhanced 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 may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s location, including, but not limited to, the transmission of still visual images which do not concern the person’s activities, and producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. 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,
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 unexpired 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; 2015, 350; 2021, 2430)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › 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)