Nevada § 176A.510 - Adoption of written system of graduated sanctions for technical violations of probation: Requirements; training; use; notice; failure to comply; exhaustion of sanctions

§ 176A.510. Adoption of written system of graduated sanctions for technical violations of probation: Requirements; training; use; notice; failure to comply; exhaustion of sanctions

1. The Division shall adopt a written system of graduated sanctions for parole and

probation officers to use when responding to a technical violation of the conditions

of probation. The system must: (a) Set forth a menu of presumptive sanctions for the most common violations, including,

without limitation, failure to report, willful failure to pay fines and fees, failure

to participate in a required program or service, failure to complete community service

and failure to refrain from the use of alcohol or controlled substances. (b) Take into account factors such as responsivity factors impacting a person's ability

to successfully complete any conditions of supervision, the severity of the current

violation, the person's previous criminal record, the number and severity of any previous

violations and the extent to which graduated sanctions were imposed for previous violations. (c) Include guidance on the use of confinement in a jail or detention facility and

electronic monitoring pursuant to subsection 3. 2. The Division shall establish and maintain a program of initial and ongoing training

for parole and probation officers regarding the system of graduated sanctions. 3. As part of the system of graduated sanctions, the Division may, in response to

a technical violation of the conditions of probation: (a) Impose confinement in a jail or detention facility for a period of not more than

10 days. The total number of days of confinement imposed pursuant to this paragraph must

not, in the aggregate, exceed 30 days. (b) Place the person under a system of active electronic monitoring for a period of

not more than 60 days using 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 location of the person, including, without limitation, the transmission of still

visual images which do not concern the activities of the person, 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: (1) Oral or wire communications or any auditory sound; or (2) Information concerning the activities of the person, must not be used. 4. Notwithstanding any rule or law to the contrary, a parole and probation officer

shall use graduated sanctions established pursuant to this section when responding

to a technical violation. 5. A parole and probation officer intending to impose a graduated sanction shall provide

the supervised person with notice of the intended sanction. The notice must inform the person of any alleged violation and the date thereof

and the graduated sanction to be imposed. 6. The failure of a supervised person to comply with a sanction may constitute a technical

violation of the conditions of probation. 7. The Division may not seek revocation of probation for a technical violation of

the conditions of probation until all graduated sanctions have been exhausted. If the Division determines that all graduated sanctions have been exhausted, the

Division shall submit a report to the court or Board outlining the reasons for the

recommendation of revocation and the steps taken by the Division to change the supervised

person's behavior while in the community, including, without limitation, any graduated

sanctions imposed before recommending revocation. 8. As used in this section: (a) “ Absconding ” means that a person is actively avoiding supervision by making his or her whereabouts

unknown to the Division for a continuous period of 60 days or more. (b) “ Responsivity factors ” has the meaning ascribed to it in NRS 213.107 . (c) “ Technical violation ” means any alleged violation of the conditions of probation that does not constitute

absconding and is not: (1) The commission of a: (I) New felony or gross misdemeanor; (II) Battery which constitutes domestic violence pursuant to NRS 200.485 ; (III) Violation of NRS 484C.110 or 484C.120 ; (IV) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor; (V) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575 ; (VI) Violation of a temporary or extended order for protection against domestic violence

issued pursuant to NRS 33.017 to 33.100 , inclusive, a restraining order or injunction that is in the nature of a temporary

or extended order for protection against domestic violence issued in an action or

proceeding brought pursuant to title 11 of NRS, a temporary or extended order for

protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 ; (VII) Violation of a stay away order involving a natural person who is the victim

of the crime for which the supervised person is being supervised; or (VIII) Violation of a condition required pursuant to paragraph (i) or (l) of subsection

1 of NRS 176A.410 or 176A.413 ; or (2) Termination from a program which provides residential treatment, as ordered by

a court, as a condition of supervision. The term does not include termination from a specialty court program.