Residential Confinement of Offenders

NRS 213.371 to 213.410-  Overview of the Laws Related to Residential Confinement of Offenders

If you were convicted of a crime in Nevada, it may be possible to seek residential confinement as opposed to serving the term of your sentence in a jail or prison.

What is Residential Confinement?

Pursuant to NRS 213.371, residential confinement is defined as the detention of an offender to his or her residence, while adhering to the terms stated in the Division.

The Division is described by the Nevada laws as the Division of parole and Probation of the Department of Public Safety.

According to NRS 209.392, 209.3925 or 209.429, an offender is a prisoner under the safekeeping of the Division.

What is the Eligibility for Residential Confinement?

NRS 213.375 explains the eligibility of an offender for house arrest, after establishing that he or she is an abuser of alcohol or drugs. An eligible person for house arrest must first pass the initial rehabilitation program as per NRS 209.425. Besides, the offender must stand a chance to comply with the terms and condition of residential confinement and complete the rehabilitation program stated by the law.

What are the Conditions for Residential Confinement?

According to NRS 213.380, the Division has the mandate to establish the terms and conditions for offenders under residential confinement. Thus, the Division can modify or develop the conditions except under certain exceptional circumstances.

209. Despite the terms and conditions established by the Division, the offender under residential arrest must participate in the regular counseling and educative sessions, unless otherwise stated under NRS 209.3925.
210. The offender must be confined to his or her residence unless engaged in employment, under treatment or other activities authorized by the Division.

The offender must also be placed under strict supervision at all times, including unannounced visits at the residence or other locations where the offender is expected to report.

Use of Electronic Monitoring Devise on Offenders on Residential Confinement

Pursuant to NRS 213.380, the Division can approve an electronic devisee for supervising the offender. The device must be minimally intrusive to the privacy of the offender but can use Global Positioning service. The GPS should transmit the location of the offender, which can also include visual images but not the offender’s activities. Nevada laws advocate for the use of electronic monitoring devices to supervise the offender from accessing prohibited locations or their departure from the specified geographical areas.

According to NRS 213.380, further creates the exceptions of the abilities of the electronic devices. The device should not transmit any oral or wire communications of the offender. It should not also send the specific activities of the offender.

What are the Duties of Chief Parole and Probation Officer?

According to NRS 213.390, the chief parole and probation officer have a duty to provide the offender with the written guidelines and terms for the house arrest. They can also advise the offender on the terms and conditions of the confinement. Besides, they can advise the director of corrections regarding any violations made by the offender.

What is the Impact if the Offender is Absent from Residential Confinement without Permission?

According to NRS 213.400, the offender who without authorization is not in the residence of confinement, employment location, or seeking treatment or in other areas without the authority of the Division shall be treated as an escaped prisoner. The offender shall be punished as stated in NRS 212.090, which covers on prisoners who have escaped.

NRS 213.400, further explains that Chief Parole and Probation Officer has the authority to issue a warrant of arrest. However, the peace officer is mandated to execute the warrant of arrest in a similar manner to ordinary criminal proceedings.

What are the Procedures for Conducting an Inquiry for Prisoners who Escape from Residential Confinement?

According to NRS 213.410, the Division is tasked with conducting the inquiry on offenders, who are accused of escaping from residential confinement or have violated the terms and conditions of the arrest.

According to NRS 213.410, the Division shall investigate the claims to establish whether the offender violated the terms or acted in a manner that constitutes an escape. The offender should be held in custody pending the completion of the investigation.

The inquiry must be conducted before an inquiring officer who:

• Is not directly involved in the case;
• Has not made the report of the escape or violation; and
• Has not recommended the return of the offender to the custody of the Department of Corrections.