176A.540 - Requirements; intensive supervision; use of electronic device; limitations.
176A.540 Requirements; intensive supervision; use of electronic device; limitations.
1. The Chief Parole and Probation Officer may order the residential confinement of a probationer if the Chief Parole and Probation Officer believes that the probationer poses no danger to the community and will appear at a scheduled inquiry or court hearing.
2. In ordering the residential confinement of a probationer, the Chief Parole and Probation Officer shall:
(a) Require the probationer to be confined to the probationer’s residence during the time the probationer is away from any employment, community service or other activity authorized by the Division; and
(b) Require intensive supervision of the probationer, including, without limitation, unannounced visits to the probationer’s residence or other locations where the probationer is expected to be to determine whether the probationer is complying with the terms of confinement.
3. An electronic device approved by the Division may be used to supervise a probationer who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s presence at the probationer’s residence, including the transmission of still visual images which do not concern the probationer’s activities while inside the residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the probationer’s activities while inside the residence,
Ê must not be used.
4. The Chief Parole and Probation Officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.
5. Any residential confinement must not extend beyond the unexpired maximum term of the original sentence.
(Added to NRS by 1991, 314; 1993, 1514; 1995, 1251; 2001 Special Session, 134)