Nevada § 176A.660 - Authority of court to order; requirements; enhanced supervision; use of electronic device; limitations

§ 176A.660. Authority of court to order; requirements; enhanced supervision; use of electronic device; limitations

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 .