Policies and Protocols Related to Electronic Supervision

NRS 212.220 – Overview of the Policies and Protocols Related to Electronic Supervision

Electronic supervision is a kind of monitoring and supervision limits your movement and makes it possible for the Division to monitor your activities during the set period. The Nevada jurisdiction provisions offer clear guidelines on electronic supervision and mandates Division on the conduct of electronic supervision.

Intensive Supervision and Electronic Supervision

Under subsection 1 of NRS 213.124, the Chief shall develop the program which must include a stated period of digital or electronic supervision. Electronic supervision, in this case, is conducted with an electronic device directed by the Division. This electronic device is closely monitored by an assigned agent from Division. This device is limited to recording and transmission of the parolee’s presence at his or her home.

1. The device should be capable of recording and transmitting oral communications as well as any other audio sound in and within the parolee’s residence.
2. The device should also record and transmit clear information as to the parolee’s actions while inside his or her place of stay.

Regulations to the Prisoner on Electronic Supervision

Intentional disabling of an electronic monitoring device can have serious consequences. Furthermore, violating the law while you are under electronic supervision can make the situation even worse and result in a lengthened sentence and harsher penalties.

According to NRS 212.220, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and who:

(a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or

(b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

is guilty of a gross misdemeanor.

In addition, a person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and who:

(a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or

(b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

is guilty of a misdemeanor.

If that was not bad enough, if you are convicted of violating NRS 212.220, the sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.

Eligibility for Parole on Electronic Supervision

A prisoner may be released and placed under electronic supervision or parole if they are not expected to serve any other awaiting sentence other than that for which they are being released.

The prisoner can also be released and placed under electronic supervision has been sentenced for a jail term of 3 or more years and has not been released previously on parole for the same sentence.

NRS 213.1215 provides that a prisoner is eligible for release and parole if the prisoner is serving a life sentence and has eligibility for parole, having been less than 16 years old during the time he or she committed the crime for the specific sentence being served.

1. In this case, the prisoner must have served and completed the minimum term as directed by the court
2. The prisoner must also have completed general education or vocational or industrial training program
3. Under the guidelines of identifying security threats, the prisoner must not appear to be a security threat or be identified as part of a group that poses as a security threat especially to the public

According to NRS 213.1215, the mandatory release of prisoners calls for a critical review of the prisoner’s behavior especially 24 months before consideration for release or parole.

When the Board of Parole Commissioners finds a reasonable possibility that the prisoner is a threat to the public, according to subsection 1, the Board may decline to grant parole to the prisoner. The Board, in this case, will then issue an official written statement to the prisoner on the reasons for declining to grant parole. The Board could also schedule a hearing pursuant to NRS 213.142.

According to NRS 213.1215, if the prisoner has not been paroled, calculation of the one year before the ending of a prisoner’s term is to be done without considering any credits earned by the prisoner in the bid to reduce their prison sentence.