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)
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.