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 Nevada Risk Assessment System, or its successor risk 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)
Structure Nevada Revised Statutes
Chapter 176A - Probation and Suspension of Sentence
NRS 176A.020 - "Board" defined.
NRS 176A.030 - "Court" defined.
NRS 176A.040 - "Division" defined.
NRS 176A.043 - "Member of the military" defined.
NRS 176A.045 - "Mental illness" defined.
NRS 176A.047 - "Intellectual disability" defined.
NRS 176A.050 - "Parole and probation officer" defined.
NRS 176A.060 - "Residential confinement" defined.
NRS 176A.065 - "Specialty court program" defined.
NRS 176A.070 - "Standards" defined.
NRS 176A.080 - "Surety bond" defined.
NRS 176A.090 - "Veteran" defined.
NRS 176A.200 - Investigation by Division.
NRS 176A.210 - Promise to comply with conditions of probation; waiver of extradition.
NRS 176A.220 - Delivery of copy of records to Chief Parole and Probation Officer.
NRS 176A.287 - Ineligibility for program: Exceptions.
NRS 176A.300 - Execution and amount of surety bond.
NRS 176A.310 - Conditions; duties of surety; probationer to report to and pay surety.
NRS 176A.330 - Exoneration of surety and setting aside of forfeiture of surety bond.
NRS 176A.350 - Discharge of surety and release of bond.
NRS 176A.360 - Arrest of probationer.
NRS 176A.370 - Money collected to be deposited in State General Fund.
NRS 176A.420 - Tests to determine use of controlled substance.
NRS 176A.440 - Program of enhanced supervision.
NRS 176A.530 - Authority of Chief Parole and Probation Officer to order.
NRS 176A.540 - Requirements; enhanced supervision; use of electronic device; limitations.
NRS 176A.550 - Terms and conditions; modification; notice to probationer.
NRS 176A.560 - Termination; detention of probationer in jail.
NRS 176A.590 - Enforcement of subpoena issued by inquiring officer; contempt.
NRS 176A.600 - Notice to probationer; rights of probationer at inquiry.
NRS 176A.670 - Terms and conditions; modification; notice.
NRS 176A.730 - Assignment of probationers; limitations.
NRS 176A.770 - Legislative declaration.
NRS 176A.780 - Eligibility; procedure; completion; deduction of time from sentence.