1. Except as otherwise provided in subsections 5 and 7, if a parolee violates a condition of his or her parole, the Board may order the parolee to a term of residential confinement in lieu of suspending his or her parole and returning the parolee to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the Board shall:
(a) Require:
(1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and
(2) Enhanced supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be in order to determine whether the parolee is complying with the terms of his or her confinement; or
(b) Require the parolee to be confined to a facility or institution of the Department of Corrections for a period not to exceed 6 months. The Department may select the facility or institution in which to place the parolee.
3. An electronic device approved by the Division may be used to supervise a parolee 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 location of the parolee, including, but not limited to, the transmission of still visual images which do not concern the activities of the parolee, and producing, upon request, reports or records of the parolee’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 activities of the parolee,
must not be used.
4. A parolee who is confined to a facility or institution of the Department of Corrections pursuant to paragraph (b) of subsection 2:
(a) May earn credits to reduce his or her sentence pursuant to chapter 209 of NRS; and
(b) Shall not be deemed to be released on parole for purposes of NRS 209.447 or 209.4475 during the period of that confinement.
5. The Board shall not order a parolee to a term of residential confinement unless the parolee agrees to the order.
6. A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.
7. The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
8. 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, 2232; A 1991, 58; 1993, 1529; 1995, 1261; 1997, 1817; 2001 Special Session, 139; 2007, 3183; 2009, 2511; 2015, 354; 2021, 2440)
Structure Nevada Revised Statutes
Chapter 213 - Pardons and Paroles; Remissions of Fines and Commutations of Punishments
NRS 213.010 - State Board of Pardons Commissioners: Members; meetings; notice of meetings to victim.
NRS 213.015 - Salaries of certain Board members who are justices of Supreme Court.
NRS 213.017 - Secretary of Board: Appointment; qualifications; duties.
NRS 213.030 - When notice of application not required.
NRS 213.035 - Restoration of civil rights expedited by Board under certain conditions.
NRS 213.055 - Person with communications disability entitled to services of interpreter at hearing.
NRS 213.060 - Procedure when judgment of fine or forfeiture is remitted.
NRS 213.070 - Fines and forfeitures do not include discharge from liability on bail bond.
NRS 213.080 - Procedure when death penalty is commuted.
NRS 213.090 - Pardon: Restoration of civil rights; relieved of disabilities; limitations.
NRS 213.095 - Notice by Board to victim if clemency granted.
NRS 213.100 - Order of discharge when clemency granted.
NRS 213.10705 - Legislative declaration concerning parole, probation and residential confinement.
NRS 213.1071 - Division: Creation; composition; Chief.
NRS 213.1075 - Information obtained by employees of Division or Board privileged; nondisclosure.
NRS 213.1076 - Fee to defray costs of supervision; regulations; waiver.
NRS 213.1077 - Contracts and agreements with Federal Government.
NRS 213.108 - Creation; members; Chair; qualifications; decisions.
NRS 213.1085 - Executive Secretary: Appointment; unclassified service; qualifications; duties.
NRS 213.1092 - Chief: Appointment; qualifications.
NRS 213.1094 - Chief: Other employment prohibited.
NRS 213.1095 - Chief: Powers and duties.
NRS 213.1096 - Powers and duties of assistant parole and probation officers.
NRS 213.10985 - Seizure, custody, use and sale of dangerous instrument or weapon.
NRS 213.10988 - Chief to adopt standards for recommendations regarding parole or probation.
NRS 213.1099 - Limitations on Board’s power to release prisoners on parole.
NRS 213.120 - When prisoner becomes eligible for parole.
NRS 213.1215 - Mandatory release of certain prisoners; exceptions.
NRS 213.122 - Chief to develop statewide plan for enhanced supervision of parolees.
NRS 213.123 - Imposition of tests to determine use of controlled substance as condition of parole.
NRS 213.1245 - Prisoner convicted of sexual offense: Mandatory conditions of parole.
NRS 213.126 - Requirement of restitution as condition of parole; Restitution Trust Fund.
NRS 213.1263 - Board may prohibit association with members of criminal gang as condition of parole.
NRS 213.142 - Rehearing to be scheduled if parole denied.
NRS 213.151 - Arrest of alleged violator of parole: Powers and duties of peace officers.
NRS 213.15105 - Placement of alleged parole violator in residential confinement pending inquiry.
NRS 213.1526 - Residential confinement of violator of parole: Violation of term or condition.
NRS 213.1528 - Residential confinement of violator of parole: Program of enhanced supervision.
NRS 213.1543 - Division to recommend early discharge of certain parolees; regulations.
NRS 213.155 - Restoration of civil rights after discharge from parole; limitations.
NRS 213.215 - Enactment of Compact.
NRS 213.293 - "Department" defined.
NRS 213.294 - "Director" defined.
NRS 213.297 - "Program" defined.
NRS 213.300 - Establishment of program.
NRS 213.310 - Selection and referral of offenders for enrollment in program.
NRS 213.320 - Administration of program; duties of Director.
NRS 213.330 - Disposition of salaries and wages of offender.
NRS 213.350 - Enrollees not agents or employees of State; status.
NRS 213.360 - Termination of enrollment; unauthorized absence constitutes escape.
NRS 213.390 - Duties of Chief Parole and Probation Officer.
NRS 213.605 - "Board" defined.
NRS 213.607 - "Correctional program" defined.
NRS 213.609 - "Director" defined.
NRS 213.610 - "Division" defined.
NRS 213.615 - "Judicial program" defined.
NRS 213.620 - "Reentry court" defined.
NRS 213.635 - Supervision of participant in correctional or judicial program.