Alternative Program Defined

Nev. Rev. Stat. § 211.2411. Alternative Program Defined

Nev. Rev. Stat. § 211.2411 defines “alternative program” as a program to which a prisoner may be assigned as an alternative to incarceration.

What is an Alternative Program

An alternative program is a sentence an offender can serve as an alternative to traditional incarceration and fines.  Alternative sentencing is meant for offenders who are not at a high risk of reoffending and its aim is to help offenders hold offenders accountable, maintain public safety, and prevent offenders from committing crimes in the future.

Alternative programs include:

• Probation or deferred adjudication
• Residential confinement
• Drug and alcohol classes
• Testing for drugs or alcohol
• Rehabilitation programs
• Community service
• Counseling
• Drug court or Diversion Programs
• Payment of restitution

Acceptance into these programs are not guaranteed and are not open to everyone.  Those who are accepted into alternative programs are subject to active supervision with a variety of terms.  Such terms that may come with alternative programs include drug and alcohol monitoring and testing, requirements to wear a GPS monitor, Ignition Interlock Devices, transdermal alcohol monitoring, and being required to check in with a probation officer.

Not all crimes are eligible for alternative sentencing.  Alternative sentencing is usually available for misdemeanors, and not all misdemeanors qualify for alternative sentencing.  Some crimes that do qualify are:

• Misdemeanor possession
• Simple battery
• DWI
• Prostitution
• Shoplifting
• Battery domestic violation with no major injuries

Entrance into an Alternative Program

An attorney will usually negotiate on his or her client’s behalf to try and obtain alternative sentencing, either in a plea deal with the prosecutor or from the sentencing judge.

An attorney can present mitigating circumstances on the defendant’s behalf, such as a clean criminal history, educational background, payment of restitution or community service hours prior to court hearings or trial, and clean drug screens, to show that the defendant should be placed in an alternative program to incarceration.

If a plea deal is accepted or the judge orders alternative sentencing, then the defendant will typically waive rights associated with a trial.  Defendants will then be ordered to whatever department will be in charge of their alternative sentencing, and be required to comply with all requirements and terms that the alternative sentence of choice mandates.