Nevada § 176A.500 - Authority of court to fix duration; limitations; extension; arrest for alleged violation; powers and duties of peace officers; deduction of days

§ 176A.500. Authority of court to fix duration; limitations; extension; arrest for alleged violation; powers and duties of peace officers; deduction of days

1. Except as otherwise provided in subsection 2, the period of probation or suspension

of sentence may be indeterminate or may be fixed by the court and may at any time

be extended or terminated by the court, but the period, including any extensions thereof,

must not be more than: (a) Twelve months for a: (1) Gross misdemeanor; or (2) Suspension of sentence pursuant to NRS 176A.240 , 176A.260 , 176A.290 or 453.3363 ; (b) Eighteen months for a category E felony; (c) Twenty-four months for a category C or D felony; (d) Thirty-six months for a category B felony; or (e) Notwithstanding the provisions of paragraphs (a) to (d), inclusive, 60 months

for a violent or sexual offense as defined in NRS 202.876 , a violation of NRS 200.508 or a violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section. 2. The court may extend the period of probation or suspension of sentence ordered

pursuant to subsection 1 for a period of not more than 12 months if such an extension

is necessary for the defendant to complete his or her participation in a specialty

court program. 3. At any time during probation or suspension of sentence, the court may issue a warrant

for violating any of the conditions of probation or suspension of sentence and cause

the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except

as otherwise provided in this subsection, the time during which a warrant for violating

any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any

amount of that time as part of the period of probation. 4. Any parole and probation officer or any peace officer with power to arrest may

arrest a probationer without a warrant, or may deputize any other officer with power

to arrest to do so by giving the probationer a written statement setting forth that

the probationer has, in the judgment of the parole and probation officer, violated

the conditions of probation. Except as otherwise provided in subsection 5, the parole and probation officer or

the peace officer, after making an arrest, shall present to the detaining authorities,

if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation

of the arrest and detention or residential confinement of the probationer and shall

submit a report in writing showing in what manner the probationer has violated the

conditions of probation. 5. A parole and probation officer or a peace officer may immediately release from

custody without any further proceedings any person the officer arrests without a warrant

for violating a condition of probation if the parole and probation officer or peace

officer determines that there is no probable cause to believe that the person violated

the condition of probation. 6. A person who is sentenced to serve a period of probation for a felony or a gross

misdemeanor must be allowed for the period of the probation a deduction of: (a) Ten days from that period for each month the person serves and is current with

any fee to defray the costs of his or her supervision charged by the Division of Parole

and Probation of the Department of Public Safety pursuant to NRS 213.1076 and with any payment of restitution ordered by the court, including, without limitation,

any payment of restitution required pursuant to NRS 176A.430 . A person shall be deemed to be current with any such fee and payment of restitution

for any given month if, during that month, the person makes at least the minimum monthly

payment established by the court or, if the court does not establish a minimum monthly

payment, by the Division. (b) Except as otherwise provided in subsection 8, 10 days from that period for each

month the person serves and is actively involved in employment or enrolled in a program

of education, rehabilitation or any other program approved by the Division. 7. A person must be allowed a deduction pursuant to paragraph (a) or (b) of subsection

6 regardless of whether the person has satisfied the requirements of the other paragraph

and must be allowed a deduction pursuant to paragraphs (a) and (b) of subsection 6

if the person has satisfied the requirements of both paragraphs of that subsection. 8. A person who is sentenced to serve a period of probation for a felony or a gross

misdemeanor and who is a participant in a specialty court program must be allowed

a deduction from the period of probation for being actively involved in employment

or enrolled in a program of education, rehabilitation or any other program approved

by the Division only if the person successfully completes the specialty court program. Such a deduction must not exceed the length of time remaining on the person's period

of probation.