Department of Alternative Sentencing

NRS Chapter 211A – Overview of the Nevada Department of Alternative Sentencing

The objective of the Department of Alternative Sentencing is to promote public safety, provide services to the Nevada judicial system, and service the local community by assisting in the fair administration of justice through the supervision of criminal offenders and pretrial diversion.

NRS Chapter 211A Definitions You Need to Know

• Probationer – Sometimes, a justice of the peace or the municipal judge may suspend a person’s sentence for two years or less when they’ve been found guilty of a misdemeanor. During this time, the convicted person serving the suspended sentence, whether out and about or in residential confinement, is called a “probationer.”

• Supervised Releasee – Sometimes, a person who has been charged with or convicted of an offense (whether it be a misdemeanor, gross misdemeanor, or even a felony), may be released from custody until their trial date or until sentencing. Their release is subject to any conditions the court may choose to impose upon them. This person is called a “supervised releasee.”

Powers and Duties of the Department of Alternative Sentencing

One of the Department of Alternate Sentencing’s duties is to supervise these probationers and supervised releasees. As such, they must know of the activities and conduct of their charges at all times.

As another duty, they are to not only describe to the offenders the terms and conditions of their residential confinement, suspended sentence, or pretrial or presentence release that the court has imposed upon them, but the Department must provide the offenders with a written statement describing such. These terms and conditions might include (as circumstances warrant):

• Making restitution to the property owner;
• Doing community service of up to two-hundred hours;
• Getting counseling at their own expense;
• Abstaining from alcoholic beverages and controlled substances;
• Refraining from all criminal activity;
• Engaging in activities and other things the judge deems appropriate;
• Refraining from activities and other things the judge deems inappropriate;
• Submitting themselves, their homes, and their property to a search and seizure at any time without a search warrant; and
• Submitting themselves to alcohol and drug testing.

The Department is not there to harass the offender, however. They have the duty of using all reasonable methods available to them to help the supervised releasees and probationers under their supervision in any way they can to help them improve their conduct and comply with their conditions.

The last duties of the Department as established in Statute 211A.090 are (1) to collect any money from the probationers and supervised releasees that they are to pay as a condition of their suspended sentence, residential confinement, or pretrial or presentence release and disburse it to the proper places. (2) They are also to be careful to work with any other government agency involved with the probationer or supervised releasee –whether they are involved in the case or with the offender themselves.

The Chief’s Qualifications

The Chief of the Department of Alternate Sentencing is in the unclassified service of the country. As such, there are specific qualifications he is required to meet. He must:

• Be appointed by the majority vote among the governing body.
• Have five years or more of experience in one of the following: law enforcement; correction; or, “supervision or persons on probation, parole or pretrial or presentence release.” (NRS 211A.100)
• Have had an increasing level of responsibility in that field during those five-plus years.

Assistant’s Duties

The assistant’s duties are pretty simple:

• Be an assistant to the chief – do what he assigns;
• Keep a detailed written record of what he or she does each day; and,
• Put together any reports the chief or court requires.

Arresting a Supervised Releasee or Probationer

If the chief or assistant has probable cause to believe the supervised releasee or probationer have violated a condition of his suspended sentence, pretrial or presentence release, or residential confinement, they can arrest him or otherwise have him arrested without a warrant.

After the supervised releasee or probationer has been arrested, the arresting officer will immediately notify the court that the arrest has taken place. A written report will then be sent to the court explaining what condition the offender violated and how.

If the chief, his assistant, or another office find no the supervised releasee or probationer innocent, they can release him without need for further proceedings.

Violation of Conditions

If the supervised releasee or probationer is found guilty by the courts of violating a condition of his suspended sentence or pretrial or presentence release, disciplinary actions may follow.

If a Probationer Violates a Condition

The court may:

• Change the conditions of his probation;
• Extend the suspension of the sentence for up to one year (unless another statue specifies a longer period) after the violation was committed; and,
• Revoke the suspension and cause the sentence to be executed.

If a Supervised Releasee Violates a Condition

The court may:

• Change the conditions of his supervised release;
• Revoke his privilege to pretrial and presentencing release; and,
• Take the violation into account when they sentence the offender.

The supervised releasee or probationer will have a chance to be heard in the courtroom before any of these decisions will be enacted.