Nevada § 5.076 - Power to order; conditions of sentence; maximum term; arrest for violation of condition

§ 5.076. Power to order; conditions of sentence; maximum term; arrest for violation of condition

1. Except as otherwise provided in subsection 7, in lieu of imposing any punishment

other than a minimum sentence required by statute, a municipal judge may sentence

a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record

of the convicted person and the seriousness of the crime committed. 2. In sentencing a convicted person to a term of residential confinement, the municipal

judge shall: (a) Require the convicted person to be confined to his or her residence during the

time the convicted person is away from his or her employment, public service or other

activity authorized by the municipal judge; and (b) Require enhanced supervision of the convicted person, including, without limitation,

electronic surveillance and unannounced visits to his or her residence or other locations

where the convicted person is expected to be in order to determine whether the convicted

person is complying with the terms of his or her sentence. 3. In sentencing a convicted person to a term of residential confinement, the municipal

judge may, when the circumstances warrant, require the convicted person to submit

to: (a) A search and seizure by the chief of a department of alternative sentencing, an

assistant alternative sentencing officer or any other law enforcement officer at any

time of the day or night without a search warrant; and (b) Periodic tests to determine whether the offender is using a controlled substance

or consuming alcohol. 4. Except as otherwise provided in subsection 5, an electronic device may be used

to supervise a convicted person sentenced 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 person, including, but not limited to, 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: (a) Oral or wire communications or any auditory sound; or (b) Information concerning the activities of the person, must not be used. 5. An electronic device must be used in the manner set forth in subsection 4 to supervise

a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicating

liquor or a controlled substance. 6. A term of residential confinement, together with the term of any minimum sentence

required by statute, may not exceed the maximum sentence which otherwise could have

been imposed for the offense. 7. The municipal judge shall not sentence a person convicted of committing a battery

which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the municipal

judge makes a finding that the person is not likely to pose a threat to the victim

of the battery. 8. The municipal judge may issue a warrant for the arrest of a convicted person who

violates or fails to fulfill a condition of residential confinement.