Nevada § 209.429 - Director to assign offender to serve term of residential confinement under certain circumstances; notice to victim; effect of violating terms or conditions of residential confinement; status; restitution

§ 209.429. Director to assign offender to serve term of residential confinement under certain circumstances; notice to victim; effect of violating terms or conditions of residential confinement; status; restitution

1. Except as otherwise provided in subsections 7 and 8, the Director may assign an

offender to the custody of the Division of Parole and Probation of the Department

of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380 , for not longer than the remainder of the maximum term or the maximum aggregate term,

as applicable, of his or her sentence if the offender has: (a) Demonstrated a willingness and ability to establish a position of employment in

the community; (b) Demonstrated a willingness and ability to enroll in a program for education or

rehabilitation; or (c) Demonstrated an ability to pay for all or part of the costs of his or her confinement

and to meet any existing obligation for restitution to any victim of his or her crime. 2. Before the Director assigns an offender to serve a term of residential confinement

pursuant to this section, the Director shall notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915 , if any victim of a crime committed by the offender has, pursuant to: (a) Subsection 1 of NRS 209.521 , requested to be notified by the Department of Corrections of the offender's release

or escape and has provided a current address, the Department of Corrections shall

notify the victim that the Director intends to consider whether to assign the offender

to serve a term of residential confinement pursuant to this section and advise the

victim that the victim may submit documents for the consideration of the Director

regarding such an assignment to the Division of Parole and Probation. If a current address has not been provided as required by subsection 1 of NRS 209.521 , the Department of Corrections must not be held responsible if such notification

is not received by the victim. (b) Subsection 4 of NRS 213.131 , requested to be notified of the consideration of a prisoner for parole and has provided

a current address, the Division of Parole and Probation shall notify the victim if

the Director has approved the application for the offender to serve a term of residential

confinement pursuant to this section and advise the victim that the victim may submit

documents for the consideration of the Division of Parole and Probation regarding

such an assignment to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131 , the Division of Parole and Probation must not be held responsible if such notification

is not received by the victim. All personal information, including, without limitation, a current or former address,

which pertains to a victim and which is received by the Department of Corrections

or the Division of Parole and Probation pursuant to this subsection is confidential. 3. Before a person may be assigned to serve a term of residential confinement pursuant

to this section, he or she must submit to the Division of Parole and Probation a signed

document stating that: (a) He or she will comply with the terms or conditions of the residential confinement;

and (b) If he or she fails to comply with the terms or conditions of the residential confinement

and is taken into custody outside of this State, he or she waives all rights relating

to extradition proceedings. 4. If an offender assigned to the custody of the Division of Parole and Probation

pursuant to this section escapes or violates any of the terms or conditions of his

or her residential confinement: (a) The Division of Parole and Probation may, pursuant to the procedure set forth

in NRS 213.410 , return the offender to the custody of the Department. (b) The offender forfeits all or part of the credits earned by the offender to reduce

his or her sentence pursuant to this chapter before the escape or violation, as determined

by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph

only after proof of the offense and notice to the offender and may restore credits

forfeited for such reasons as the Director considers proper. The decision of the Director regarding forfeiture of credits is final. 5. The assignment of an offender to the custody of the Division of Parole and Probation

pursuant to this section shall be deemed: (a) A continuation of the offender's imprisonment and not a release on parole; and (b) For the purposes of NRS 209.341 , an assignment to a facility of the Department, except that the offender is not entitled to obtain any benefits or to participate

in any programs provided to offenders in the custody of the Department. 6. A person does not have a right to be assigned to the custody of the Division of

Parole and Probation pursuant to this section, or to remain in that custody after

such an assignment, and it is not intended that the provisions of this section or

of NRS 213.371 to 213.410 , inclusive, create any right or interest in liberty or property or establish a basis

for any cause of action against the State, its political subdivisions, agencies, boards,

commissions, departments, officers or employees. 7. The Director shall not assign an offender who is serving a sentence for committing

a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential

confinement unless the Director makes a finding that the offender is not likely to

pose a threat to the victim of the battery. 8. In determining whether to assign an offender to the custody of the Division of

Parole and Probation to serve a term of residential confinement, the Director may

consider whether the offender has failed or refused to comply with any term or condition

of the entire program of treatment or any term or condition of any other program related

to the classification of the offender. 9. The Division of Parole and Probation may receive and distribute restitution paid

by an offender assigned to the custody of the Division of Parole and Probation pursuant

to this section. 10. As used in this section, “entire program” has the meaning ascribed to it in NRS 209.427 .