Arrest of probationer or supervised releasee

NRS 211A.125 – Overview of How a Probationer or Supervised Releasee Can Be Placed Under Arrest

If you are out on probation or as a supervised releasee, this does not mean that you are immune from further criminal prosecution. In fact, you may be at higher risk of getting arrested again and going back to jail since you are required to adhere to rigid rules and guidelines while on parole. The statutory provision that enables law enforcement to arrest someone who is out on parole or as a supervised releasee is NRS 211A.125. This statute specifically states:

1. The chief or an assistant may arrest a probationer or a supervised releasee without a warrant if there is probable cause to believe that the probationer or the supervised releasee has committed an act that constitutes a violation of a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.
2. Any other peace officer may arrest a probationer or a supervised releasee upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that the probationer or the supervised releasee has committed an act that constitutes a violation of a condition of his or her suspended sentence, residential confinement or pretrial or presentence release.
3. After making an arrest, the chief, assistant or other peace officer shall immediately notify the court of the arrest of the probationer or the supervised releasee and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence, residential confinement or pretrial or presentence release of the probationer or the supervised releasee.
4. A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer or supervised releasee arrested without a warrant pursuant to this section if the chief, assistant or other peace officer determines that there is not probable cause to believe that the person violated the condition of his or her suspended sentence, residential confinement or pretrial or presentence release.

As you can see by the specific provisions of NRS 211A.125, there is a specific set of protocols and procedures in place for someone who allegedly violates the law while they are out on parole or out as a supervised releasee.

NRS 211A.125 falls under the ambit of the Department of Alternative Sentencing. The mission of the Department of Alternative Sentencing is to increase safety in the community by reducing recidivism among criminal offenders, through a rehabilitative environment that includes accountability for offenses, opportunities for gaining and applying life skills, and sanctions for regressive behaviors. The objectives of this Department include:

• Reducing the revolving door syndrome in the criminal justice system
• Providing guidance and structure to those who are at risk of re-arrest and incarceration.
• Coordinating cases in a sometimes very confusing multi-jurisdictional environment
• Providing information, resources and education to probationers sentenced to the program in an effort to modify their behavior
• Striving to assist probationers in making positive changes in their lives
• Creating a safer environment for our community and future generations
• Reducing the burden of public services to those who are capable of providing for themselves through guidance and structure
• Providing the best service possible to the community